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11-15-1983
{~ittl.tes 1 Development Review Committee College Addition November 1, 1983 Page 2 F. Fire 1, Preliminary plat is acceptable, 2. Must provide hard surface access prior to construction, G. Parke and Recreation No representative from this department was present, H. Lone Star Gas Service available, Y, G.T.E. Service available • need site plan with building locations to plan service, J. Cox Cable Service available - need site plan to design service, K, Planning and Community Development Pro"-,minary plat is scheduled for action at the Planning and Zoning Commission meeting of November 9, 1983 provided that all necessary corrections and information are submitted to this department by 12:00 noon, Monday, November 7, 1983, 0010a as/3&4 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATEi November 15, 1983 SUBJECT: Approval of the preliminary plat of the Denton County Electric Co-op Addition SUMMARY; This is the site of proposed new Denton Electric Co-op facilities, The property is located along the north side of Spencer Road and west of Troop 288. Improvements to Spencer Road and drainage and extension of adequate public water and sewer facilities is re uired for site, Sizing and final plans for water and sewer lines and all public facilities must be determined and approved during the final platting stage. ACTION REQUIRED; Approval of the preliminary plat. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary plat, How(ver) final plat and engineering plan revie-Y and approval is still required, ATTACHMENTS? 1. Reduced preliminary plat 2, Dovelopment Review Committee minutes of November 1, 1983 4"e t av son Devlopment Review planner 9 q3 V~ W 1 n ~ , N Os q, yo 1 ryn~ 0.a~N>ae,s 41- Vol b VV + 0 =~ti lv~ ~.K :S 7: 7 lip t 1 ~'I g fi% N ' Minutes Development Review Committee November 1, 1983 ARC Members Presenti Jerry Clark, Jackie Doyle, David Ellison, Tim Fisher, Bob Hageman, Wayne Horsley, Ken Lamberson, Don McLaughlin, Pablo Rubio, Denise Spivey, and Tommy Stone Engineer Presents Greg Edwards RI, Review of Preliminary Plat of Denton County Electric Co-op Addition A, Engineering 1, Need following preliminary plat requirements a, Zoning districts, b, 50' building line, o. Check orientation of transmission easement. 2, Drainage - locate crossing of channel on Loop 288. Construction plans for culverts will be required for final plat. 4. If City will. maintain channel, 10 year flood oonor6te bottom will be required, City should maintain since it is not at the top of the drainage basin, 5, Give detail of bore pit sheet 216. 6. On proposed 20" waterline, valves each 1000', 7. Fire hydrant spacing each 300' (oommdroial zoning). 8. David Ham is against placing waterline in r,o.w, of Loop 288. 9. Sheet 5/6 - give different width to contour lines to distinguish them from other lines, B, Water and Sewer 1. 15 sewer on Spencer Rd, is not correct - this is a t2" treated wastewater effluent line which goes to the cooling towers at the power plant, 2. Preliminary plat is acceptable. Minutes Development Review Committee Denton, County Electric Co-op Addition November 1, 1963 Page 2 3. Review of construction drawings is underway and will be coordinated with developer's engineer, 4. City wishes to participate in oversizing a portion of the proposed waterline, C, Electric Service available - need service details, D. Building Inspection Show 50' building line as required in PD ordinances, E. 't'ransportation Engineering No representative from this department was present, P, Fire No fire protection at this time - waiting for waterline to be constructed, 4. Parks and Recreation No representative from this department was present, H, Lone Star Gas Service available from high pressure line on Spencer Rd, -will need property line meter, S. G,m.E, Service will be provided in the near future, J. Cox Cable Service not available. K, Planning and Community Development Preliminary plat is scheduled for action at the Planning and Zoning Commission meeting of November 91 1983 provided that all neoessary corrections and information are submitted to this department by 12;00 noon, Monday, November 7, 1983, 0010a aa/24a25 CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: November 15, 1983 SUBJECT: Approval of the preliminary replat of lot 1, Adkisson Addition SUMMARY: Existing lot It Adkisson Addition is a 349615 acre lot located at the southwest corner of East McKinney Street and Woodrow Lane, The property is zoned general retail (GR) and the intent of the replat is to create an additional lot for construction of a private gymnastics center. Proposed lot 1B will have approximately 44 feet of frontage along Woodrow Lane. The preliminary replat is acceptable, however) engineering plans for sewer service and perimeter street paving improvements along Woodrow Lane must be sub*itted for approval when the final replat is considered. ACTION REQUIRED: Approve the preliminary replat. RECOMMENDATION: The Planning and Zoning Commission 4 recommends approval. ALTERNATIVE: Approve preliminary replat. ATTACHMENT: Reduced replat av son Development Review Committee 1 b... I'-~0.0 ( ~ 0 04.0 . C 3 111' ~'TAILZL-. 1 !I} I L0I IA III ( ,o 1 N 6 ' 4 Ind' ~I p~ o g ' t o Is $ ~ j ~ ' o T \61 I I I / 1 ia' 1 ~ 1 N 81^04'00'N. 519.14• l I ~ VI 611114\ H+o I \ I \ 14 3 I CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATEi November 15, 1983 SUBJECTI Approval of the preliminary plat of the Cozy Oaks Addition SUMMARY; This 0.4125 acre irregular shaped parcel has frontage along Myrtle Street and begins adjacent and north of the Ft. Worth Drive and Carroll Boulevard intersection. Existing zoning is planned development (PD) for a sit down restaurant, The proposed land use will conform to the approved PD. Access and curb cut locations were the key issues when this ptoperty was rezoned from office (0) to PD classification in July, 1983. One curb out was permitted along Carroll Boulevard for access to this tract through an abutting tract belonging to Mr. Tom Stingley. An additional curb cut was approved off Myrtle Street. The prelimi- nary plat does not violate PD requirements. The final curb cut location will be review- ed by staff when plans are submitted for a building permit. Adequate streets, drain- age, eleotrical, telephone and gas services are available. Preliminaryy plans for water and sewer are still to be reviewed, however, adequate services are in the area, ACTION REQUIRED: Approve the preliminary plat. RECOMMENDATION; The Planning and Zoning Commission recommends approval. ALTERNATIVE; Approve the preliminary plat. ATTACHMENT: Reduced plat tea av son Development Review Planner t' nnQ {f,,f YlN7f'44T'ff'Ti~Jr d a -4 :7,V-4 Ts:y74WW 111 I \ \ , \ ~ '+i X \ el~ A, ~ a ~n1 f y0d - r-LI r•y 1. ~ 7 ~LS~+ 4s~ c/ ' nn.rl~~1r♦ Q M 1 e Y Y toQJ ~ J" b r ~ f J ~fyn BACITY CK-UP COUNCIL SHEET Date' November 15, 1983 Subject; Approval of the final replat of lots 1R, 2R$ and 3R, Independence Square Addition. Summary; Property in this request totals portionapproximately four cAi£ the 30 utility and access easement is zoned general retail (GR), The balance of Immedithe developmentlplansmhave(notlbeen revealed. Teasley provides access to lots 1R, 2R, and 3R. The 20 concrete drive along the northern perimeter was dedicated to the City in the form of an ingress-egres easement on an earlier plat. The 30~ access and utility easement which runs in a north-south direction will be concreted and thepdeveloperithatplace the 30Bastripsshouldebe dedicatedgas an ingress-egress easement and not referred to as public access,, it is not a public street, Action Required: Approve the final replat, Recommendationt The Planning and Zoning Commission recommends approval. Alternative: Approve the final replat. Attachment: Reduced replat Vivid Ellison Development Review Planner ► ~ f I i ~ I~ Ij ; u.P f i LOCATION y {s ' 4 ~ W dln Owhro ro ,Ab ac r I,cafoh ! I A q 5v a 7~ :U'gio[g7S'gE^4 igut s0don ,J Grr sl drhrp4 P(rv I \.S111 1 , 1 nP' 1 9 A , , 416014E 1. lJ eIY MJlyoY, _ IINO N.17. A J !'.P) f'11'E w W i u ; r LIP ~ 4,173 oo, AI of ) , ~rr,Q'116~l9:f'f at t~ 5) ii. tip Asa vA)°^ 6 WjO CNr f2 9p{eN'p2'•y g L or at 2! T tart'~1, ~ 5 ~ I irU L1 d,4 I ILb21 418 1 ~hP + .V d9°sleu w ~ e99. Sp tle I {IS ~j' j ~ (1 1 ' MCAMM IPE~1f~ Nhb1f 1 %INlIt It W ,7 pLA7 nANOKl4%Al J ~11 1012/ )1A f18 / 292 1 OW.VYe A OM MONO S9AOtT r"4 ?'4 of l/M OM106, 11191 7e2O1 FINAL 9EPLAT pt ;ALE I"1100' INDEPENDENCE SQUARE PAIL 2S, Isee LOT I•R S41fE0 4q/26,91 AEi 110 A 0441 or EY MAY 9.294.1 ALEXANDER HILL S't 4 •623 ! S.C. HiR41WS SY, 4-616 CV J!►2k 11983 CITY OP DENTON , CENTON COUNTY, TEXAS' 46 BAAPHIC SCSLE .n FEES' November, 15, 1983 CITY COUNCIL AGENDA ITEM SUBJECTi Consider Change Order #150 Gracon Construction Company, Wastewater Treatment plant, Limitorque Motor Control and Project Time Extension. SUMMARY; The Limitorque Motor Operator controls a valve which divides the influent, sewage sending a portion to the old pnlant and a portion to the new plant, A Limitorque Modutronic 30 is installed; however, a Limitorque Modutoronie 40 is required to comply with project specifications. This credit of $1,260 from Gracon Construction Company and a change order time extension of ninety (90) calendar days will permit the completion of this final change order, as well as the final completion of the Wastewater Treatment Plant. This ninety (90) day time extension is neeled in order to comply with Texas Department of Water Resources grant fund requirements. It should be noted that Gracon has been unsuccessful in getting the Limitorque supplier to make this motor control replacement; however, the Utility Department has arranged with the Limitorque supplier to perform this work with a separate purchase order for $1,260.00. FISCAL SUMMARY, Previous Wastewater Treatment Plant Contract Amount $7,871,390 Net DECREASE in Contract Amt. (This change order) $1,260 Revised Contract Amount $7,870,130 Net INCREASE in Contract Time of Completion 90 calendar days Revised Contract Time of Completion December 1, 1983 Source of Funds Bond Funds (CREDIT) 2644U/7 n A ACTION REQUIRED: proval or disapproval by the City Council of change order #15 for credit of conversion of Limitorque Modutronic 30 r~ith a Limitorque Modutronic 40 and an extension of ninety (90) days to complete this change order, RECOMMENDATION: The Utility Staff recommends that the Public Utilities Board recommend approval to the City Council for the attached change order #15 (credit) and contract time extension, The Public Utilities Board will be considering this item at their meeting of November 141 1983) and their recommendation will be presented to the Council at their meeting of November. 15, 1983. Respectfully,, R. E. Nelson Director of Utilities EXHIBIT I Freese & Nichols, Inc., Letter of 10-14-83 II Gracon Construction Co., Change Order #15 III Quotation from Ltmitorque Motor Control Supplies (Dezurick: 10-14-83) 2644U/8 QMON W lRKIt K, 1' .1 JAM16 R HICH06C IR 1. ` Q 1 "CRT k Nlq N041. P t SKI / lRllit. P K. JO PA 1 0900 H. Ct + F R B B ,S 9 A r a r i C a a~ s, i 1r c, AoogftT~~TTHOMPSOC III PK JOHN H COOK. P 1~ C N$ U ► T I N G 0 N 0 1 N 9 8 R $ T ANTHONY RCIO. P 1 JOC 1 MAPIC Pt. OOIC 0. A44KNP t, W CRNC/T OltM1NT. PC` October 24, 19$3 OARIY N RIVY". 6PK Mr, Robert E. Nelson, P,E, Director of Utilities City of Denton Municipal Building Denton, Texas 76201 Re: Denton WWTP Expansion - Corrections to Limitorque Motor Operator Dear Bob: At the present, the last remaining item required for the completion of the wastewater treatment plant project is the modification of the Limitorque motor operator on the valve which controls the flow to the north plant. This peice of equipment was installed but continued to fail repeatedly when placed into operation due to the use of a solid-state reversing mechanism in the valve controls. Specifications required the use of a mechanical con- tactor for this mechanism and when the discrepancy was discovered, the con- tractor was directed to modify the motor operator controls to conform with the contract requirements, Gracon Construction Company has made several attempts to have the supplier modify the motor operator but has not beev;successful, In order to expedite the completion of work on the project and final the related EPA grant, it is recommended that the City of Denton issue a purchase order to DeZurik Company for modification of the valve and issue an appropriate change order to cover the cost of the purchase order. We have attached a copy of the proposed change order and a written quotation for the work involved. The purchase order for $1,260.00 should be issued to DeZurik in care of Newman Engineered Equipment, Inc, Although the quotation does not explicitly include installation and travel expenses, I have been assured by Mr. Rainier of Newman Engineering Equipment that the price includes these items. The purchase order should be worded to clearly include these items to avoid any future question about their cost, TCL It PHONE 617 336.7161 811 IAMAR STRCCT PORT WORTH, TEXAS 76 102 1 Mr; Robert E, Nelson, P,E, October 24, 1983 Page Two The action proposed is in accordance with the contract for the project and beleive Is the thetprway to oject,L got the to our office for attachment to the change order, If you have any questions, please call, Sincerely, FREESE AND NICHOLS, INC. Coy M. Ueach, P.E. CMV;cg Attachment xc; Newman Engineered Equipment, Inc, Gracon Construction Co, , CHANOR OR IXTRA WORK ORQIR PROJECTI Wastewater Treatment Plant Expansion CONTRACTi C-48-1188.03 OWNERi City of Denton, Texas CONTRACTORt Gracon Construction Company CHANGE ORDER NO, 15 DATES October 24, 1983 CHAN4E OR EXTRA WORK TO BE PERFORMED 1. Credit for conversion of Limitorque Modutronic 30 to a Limitorque Modutronic 40 at the Denton WWTP, Conversion was required to bring motor operator for the 20" main plant plug valve into compliance with project specifications, Deduct $1,260,00 2. Add O~-'calendar days to allow time for completion of change order. C~0 Previous contract amount $ 71871,390,00 Not (Mtut*j")(decreose) In contract amount 1$260.00 Revised contract amount 798709130,00 Not (Inerease)(r8utwwycl)in contract time of completion gU 0 calendar days Revised contract time of completion 1 x z 7 -FM C.D. 1983 Rsoommsndsd by Approysd by OWNER FREESE AND NICHOLS By By 0444016011 Approved by CONTRACTOR I - .Owner I - Contreefor I P, i N Offtce By I RN. Eng, f OQXURIK, DIVISION QP QVINMRAL GIQNA6 MPQ, QQRP, A UNIT QP OMN414RAL QIQNAL Q*ZURIK, XARTHLL, MINNIKOPTA 664177 U,O,A, "MONO (Ria l IIGO.000Q TILOX 06-0608 CARL■ A0011146 4i 7*XU#IK TaI Freese & Nichols, Inc, GATNI October 14, 1983 811 Lamar St Ft, Worth) Texas 76102 QUOTE No,I Q^10143-JLR ATTNI Coy Veach RAGNI Rp,ro, 1 of 1 City of Denton, Texas MAKE OR013R Tai Gracon Construction Company aaxuRlK 010, Newman Engineered Eqpt, Inc P. Q, B. FfA P. 0, sox 20616 TORM9 Net 30 Days Dallas, Texas 75220 $Yi 06LIVBRY 4-6 weeks Joseph L, Rainier ANY PURCHASE ORDER ISSUED AS A RESULT OF THIS OUOTATION IS SUBJECT TO ALL OF THE MANUFACTURERS CONDITIONS SET FORTH ON THE REVERSE $IDE HEREOF AND FINAL ACCEPTANCE BY OoZURIK AT SARTELL, MINNESOTA. We are pleased to offer the following equipment for. your considoration. One (1) Limitorque Conversion unit to Convert Modutronic 30 to a Modutronic 40 in the field. $ 11260.00 net each. NOTEI Above price includes a new drawing submittal. Reference De,"lirik's F.O. 734793 & 9112618 when placing order. 6' a osep R vier (:JL sh cc: Jim Kerns/Gracon Roger Whittaker/Dezurik 7 , CITY COUNCIL, AGENDA BACK-UP SL`k%GNARY MET DATE Or MEXTINGt November 15, 1983 COUNCIL AGENDA ITIiM 11 Consent Agenda SUBJLCTt Chattgo Order to Slid p 9138, Purchase order 58171 to Dickerson Construction Co, SUMMA ItYt This bid was awarded to Dickerson Construction Company on May 10, 1983 and the contracts were completed and accepted on July 1, 1983, We have now received and our staff has approved change order number I as per the attached in the amount of $11,487,50, ACTION RRQUIRM Approval by council, SOURCE OF FUNDSt Account number 624-0080471-9114, ACOMMENDATIONt We recommend this bid change order be approved for the total amount of $11,487,50 as shown on the attached exhibits. Please note the above amount only includes the City participation amount and not the total of all changes, EXHIBITSt Latter fmm Dickerson Construction Company and change order, SUBMITTRD BY t John M rshall, C, 014, Purchasing Agent J DICKERSON CONSTRUCTION CO., iNC, P. 0. BOX 181 - MINA. MUS 75009 , (21a) 382.2123 OR 362.2761 October 20, 1983 Jorry Clark - Engineering City of Denton 215 E, McKinney Denton, Texas 76201 Dear Sir; We are enclosing the change order for P,O,!l58171, Did 09138, This change order has been signed and the price given For "S-7 15" steel casing h bore" and the total price liven. If this change order Is accepted by the city it will be accepted with the following oonditionst 1, Dickerson Const, Co,, Inc, agrees not to pull our men or equipment off of this project until it is completed, except for any emergency that might arise, 2, The City of Denton agrees to extend time for comple- tion for the entire project and not to charge any liquidated damages as long as the above condition Is complied with by Dickerson Construction Co,, Inc, As the city is aware of, Dickerson Construction Co., Inc, is completing each section of line along with testing and Installing all service so that the city may start receiving revenue from each completed portion before the entire project is completed, Sincerely, Lewis Dickerson, President DICKERSON CONST, CO,, INC, i 0 o L'ClL'CQ }C!~ 1=-I A f CIIAIVUEf UIZUblt ~',U, 58171 1 Kia N~J138 RANCH hi$TATU Sli14ER L1Nh 1, Cindy Lane Change Order S-1B Depth (b' - 81) SOU L.F, 81UU/L.N. $ 4,000,00 S-3A Concrete Manhole (4' l0) 1 iia, 850.00/Ha. 850,00 Total $ 4,850, 0U Bethel 't'emple Sanitary Sower Change order Church Participation; S-IA Depth (0' - 61) 190 L.F. 7.00/L.F. $ 1,330.00 S-1B Depth (6' - 81) 110 L.F. 8.UU/L.F. 880.00 5 -3A Concrete Manhole (4' Ill) 1 Ea, 850.00/ba, 850,00 S-4 Sewer Cioaneut 2 Ea. 2SO.UO/Ba. '>UU,OU S-5 4" Sewer Service 1 Ba, 250.00/Ea. 250.00 'Dotal $ 3,810.00 City Participation; S•7 15" Steel Cylinder Casing Bore 100 L. F, $ L,4', K lo. uc~. S-1C Depth (8' - 101) 125 L.F. 9,50/L,F. $ 11187,50 S-3B Break Into Existing Manhole 1 Ba. 300,00/Ba. 300.00 Total $ City o Denton Utilities -Dickerson Construction /N, 1 PLANNING AND ZONING COMMISSION Recommendation to the City Council To: City Council Case No, H-29 Meeting Datet November 15, 1983 GENERAL INFORMATION Applioantt Greater, Denton Arts Council P, 0, Box 1194 Denton, Texas 76201 Status of Applicant: Lessee and future occupant Requested Action: Historic Landmark (H) zoning designation Location: Southeast corner of Bell Avenue and Hickory Street - old city warehouse Existing Zoning: Light Industrial Existing Land Use: Vacant Denton Development Guide: Area is located on the fringe of the high intensity downtown area, r (ti -z 9~ Page SPECIAL INFORMATION F tiole 28 A Section 28 A-1 of the City of Denton Zoning dinance deines a historic landmark as any buildir:g arohaelog,caltor cul.turaloimarea of por,tanoearchitectural, whichsthe iCity Council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education, slid general welfare of the people. Section 28 A-2 of the above referenced ordinance declares as policy the following purposes of the historic preservation ordinance related efforts: 1) To protect, enhance and perpetuate historic landmarks which rep resenh or reflect distinctive and important elements of the city s and state's architectural, archaeological, cul- tural, social, economic, ethnic and political history and to develop appropriate settings for such places. 2) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations. 3) To stabilize and improve property values in such locations. 4) To foster civic pride in the beauty and accomplishments of the past. 5) To protect and enhance the oity's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. 6) To strengthen the economy of the city. 7) To promote the use of historic landmarks for the culture, prosperity, education and general welfare of the people of the city and visitors of the city. w / w r Page ANALYSIS The Greater Denton Arts Council plans to convert the building into a visual arts center, This will be part of an arts complex along with a center for the performing arts, The Denton Sesqui- centennial Committee, formed to celebrate the 150th birthday of the State of Texas, has adopted the conversion as its major project. Historic designation would serve to strengthen this effort. RECOMMENDATION 7 The Historic Landmark Commission felt that this structure is worthy of historic designation since it served as the city's first power plant. The assurance of a dependable supply of electric power was a great stimulus to the growth of Denton, The architectural significance of the building was another factor in their decision. The Historic Landmark Commission recommends approval of H-29 by a vote of 9-0 at its meeting of October. 10, 1983 and felt that the structure meets the following criteria for. (H) zoning designations 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 2. Embodiment of distinguishing characteristics of an architectural type or specimen. 3. Identification as the work of an archi.ect or master builder whose individual work has influenced the development of the city. 4. Relationship to other distinctive buildings, sites or areas which are elig ible for preservation according to a plan based on architectural, historic or cultural motif. 5. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. i (H-29) Page 6. Exemplification of the cultural., economic, social, ethnic or historical heritage of the city, state or United States. 7. Location as the site of a significant historic event. 8. Identification with a person or persons who significantly contributed to the culture and development of the city, state or United States, 9, A building or structure that because of itu location has become of value to a neighborhood, community area or the city, 10. Value as yin aspect of community sentiment or public pride, The Planning and Zoning Commission recommended approval of H-29 by a vote of 4-0 at its meeting of October 26, 1983. ALTERNATIVES 1. Approve petition. 2, Deny petition. ATTACHMENTS 1, Aerial 2. Petition 3. Historical Summary 4. Reply forms total S. Property owner list 6. Historic Landmark Commission minutes of September 12 and October 10, 1983 7. Planning and Zoning Commission minutes of October 26) 1983 g l / '}I Y , fi 1 .r ,~'N r t r~'S t~ v~l +d ,ii Imo' 64'' 1 it p s.l 14» d ,•:1} ,i p' ( ,yam S y 1".l r I11/ I d r ~....r//YU, Ilyy rplIIl f•ttl '1, 'f: 4 r ti 'fi'r ( , i lot, SI 11 sS y r 1 e 'fit (AM jyyo((ii I , y ~~A/tr~~wl.ll4''A' 'rvl .,1 i ,.4 .l' , 1~' 1 {~r r 1' ~~~~'1~. •4l W. I .1, h 1 l i U 1, ~f1t1~ , I'le l !,!Say A? a~ r, Xl COAX 1.. „ Y.:. a I t1 le i•~ t ''I t F !1 ' ~ 1 ~I i I of WWI' 4 29 s i1 Y s~ r 1 .1 01 k1I a Iy I I~ ~ IlY ~ , ' ! ~ ~ ~ X31 fill r. . Si l~1d, ~11 +f A, S. PETITION FOR HISTORIC LANDMARK DESIGNATION TO THE HISTORIC LANDMARK COMMISSION, PLANNING & ZONING COMMISSION, AND CITY COUNCIL OF DENTON, TEXAS 1(14) the undersigned, ocmer(s) of, or party(s) with financial inters in, all property herein described, do hereby file this, my our petition, asking that the said property be designated as a historic landmark under the provisions of Ordinance #80-30 of the Code of Ordinances of the City of Denton, Texas, The said property is located at The'lntersection of Belt and East Hickory and is more particularly described as follows: The old city warehouse and machine shop property located on Lots One through Eight, Block 3, Railroad Addition to the City of Denton, Denton County, Texas I/We herewith tender the filing fee of twenty-fine dollars ($25). I/We authorize the City of Denton to place a sign or signs'on the above property for--public notification of the-proposed historic designation. greater Denton Arts Council Name By: Clovis C. Morrisson, Jr„ President C.L.-..:C-~-y'~•'w+..... ; . Address p, O. Box 1194 City rient~n State Texas Phone 382-2787 or 565-2337 Submitted this, A day of - 198 ~7 RECEIVED SEP n,e~ HISTORIC LANDMARK ZONING PETITION City of Denton, Texas SITE ADDRESSI Bell and East Hickory CITY LOT & BLOCK OR LEGAL DESCRIPTIONI Lots One through El ht, Block Three, Railroad Addlt'}oti to the City o Denton i PRESENT USEI Stos CONSTRUCTION/DESC hrlck warehQ+ r CONDITION: EXTERIORI good (GOODO FAIR? POOP PRESENT OWNERS - - . City of Denton, ~ - -25-year lease to Greater DPntnn Arts (`.fl ~n 11 P. A Box 1194 DATE BUILT: 1324 DATES AND EXTENT OF ALTERATIONS/ADDITIONS: CHITECTt J. F. reenw oo BUILDER: Ray "Rey ORIGINAL OWNERt City o enton ARCHITECTURAL STYLE OR PERIOD WITH DESCRIPTION OF ANY INNOVATIVE DESIGNO FEATURES, DETAILSO MATERIALS OR CRAFTSMANSHIP:.-Southwest Tndustrlal style the only example NATIONAL REGISTER? no NATIONAL LANDIARK? no RECORDED TEXAS LANDMARK? no LOGAL SURVEYS OR RECOGNITION? no ADD'ADDITIONAL INFORMATION TO SUPPORT CLAIM IN CHECKED CATEGORY. 1 The city building on the southeast corner of the Intersection of Hell and East Hickory is now known as the old city Svarehouse, It will soon become the Center for the Visual Arts, part of the Denton Arts Complex, But Its place in the history of Denton derives basically from its original use and its unique style, The building was the city's first power plant, providing the first olty-supplied electricity. This centralization of a dependable supply of electric power was, of course, of immense Importance in the growth of Denton, Architecturally, the building to of considerable interest, It is the only example of Southwest Industrial architectural style In the city. The facade on the north side softens the obvious fact that the building is a utilitarian, industrial structure by Its typical southwestern rooftine. The location of the building has become very important to the entire city, for It is near the exact center of the city--right where arts centers should be located. No citizen of Denton needs to travel more than 15 minutes to reach It, and most can make the trip In 10 minutes, Its location is also vital since It shares the same street intersection as the Rayzor Center for the Performing Arts, making It possible for all the art forms to be gathered in this location. If all falls Into place, the building and its companion across the street will be the western anchor of an arts district encompassing the area between the square on the west, the Civic Center and its park on the north, and Mulberry Street on the south. 1 , 1`1 J1 I 1 Criteria to be used in Historical Landmark Oesi nation The petitioner will be responsible for furnishing data to the Planning and Community Development Department for submittal to the Landmark Commission substantiating that the property meets at least One or more of-the following 13'criterion for ktistoric.Landmark designation; or cultural@characteristicsvofuthesCiitytoffDenton, StateeofsTexas, or the United States, 2, Recognition as a recorded Texas historic landmark, a national landmark, or entered into the National Register of Historic Places, ❑ 3. Embodiment of distinguishing characteristics of an architectural type or specimen, ❑ 4. Identification as the work of an architect or master builder whose indivdual work has influenced the development of the city. ❑ 5, Embodiment of element's of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation, ❑ b, Relationship to other distinctive buildings, sites or areas which are ell gable for preservation according to a plan based on architectural, historic or cultural motif. ❑ 7, Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style.. ❑ So Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. ❑ g, Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States. ❑ 10, Location as the site of a significant historic event, ❑ 11, identification with a person or persons who significantly contributed to the culture and development of the City, State or United States, 12. A building or structure that because of its location has become of value to a neighborhood, community area, or the city. 13. Value as an aspect of community sentiment or public pride. PROPERTY OWNER REPLY FORM CITY COUNCIL H-29 IN FAVOR IN OPPOSITION UNDECIDED Harpool Seed, Inc, Weldon Burgeon Tom Harpool 345 East Hickory 406 East Oak Denton, Texas Denton, Texas 387-0541 :A'~1'):` . ~ J l~. .1 ,n '7 ~ GCS 1 Jl~ 4.s 1A tj •J ~ ~ ' l ~ , ~ ~ • S~--i`7-- -"f fir. " . ,iJ; p / , f 1 ~ 1 HLC Minutes September 12, 1983 Page 2 A. H-.9. This is the petition of the Greater Denton Arts Council requesting historic landmark' (H) designation at the southeast corner of Bell Avenue and Hickory Street (UNAPPROVED) - Old City Warehouse and Machine Shop, and B. H-30. This is the ppetition of the Greater Denton Arts Council requesting Historic landmark (H) designation at the southwest corner of Bell Avenue and Hickory Street - Old City Power Plant. Clovis Morrisson, president of Greater Denton Arts Council, stated that the warehouse located on the southeast corner was the original power house for the City of Denton; that prior to 1929 when it was built people provided for their own power. He said the building contains 18,900 square feet; J. P. Greenwood was the architect, builder was Ray Lakey. It was used for 18 years, the old fuel tanks are still buried in the back. The power plant on the southwest corner was built in 1947 by Carpenter Brothers it then became power plant for the city. He said it Is a gem of a architectural building. Mr. Morrisson read a letter from Peter Maxon of Texas Historical Commission which stated that the conversion of the buildings shows a good deal of imagination. He said the two buildings contain together about 34,000 square feet of space. He referred to the 13th criteria stating that it is an example of community pride as over 600 people have contributed money for the conversion. Also, the city has voted to allocate additional hotel and-motel tax money if buildings are historically desig- nated. Gary Juren, architect, said the buildings have been sitting idle for a number of years; that visual arts center will be a Spanish - Colonial revival. It will be reroo£ed, will have new windows; colorful awnings, which were popular back in the 30s, will be added along the south. He said building will be pretty much left as is. The performing arts building across the street is a bit industrial, a bit technical and a bit art deco. He said that building also will be pretty much left alone, that existing temporary wall will be given a new facade and will become the main entrance. Bricks cannot be matched, corrugated metal will be removed and replaced with a permanent facade. HLC Minutes September 12, 1983 Page 3 Mr, Miller said proposal is noe to change Hickory Street facade of either building, Berta Loyd said her father was mayor when the power plant was built, that it generated electricity to serve the city as well as having some left to sell. Frances Cannon, 2605 Royal Acres, stated that she was speaking solely for herself; that buildings constructed in 1929 and in 1947 are not unique to City of Denton. She said she questioned historic designation for a build- ing built in 1947 and asked what Commission would do in the future on a similar request. She said she is in favor of arts council receiving one percent of the hotel/ motel tax but questioned giving them an additional one percent. She said buildings are not listed on national or state register, Mr. Morrisson said he might follow up on state marker. He said City Attorney has ruled that local designation is appropriate and state law allows hotel/motel tax. Ms. Spivey reported that City of Menton has submitted another application to be a Main Street 'Down. The arts complex would bring more people into downtown section- these buildings are located on the edge of'the central business district and would give an anchor on eastern end of downtown. She continued that one of features of Main Street is downtown revitalization and for that rea- son the city would favor designating the two buildings as historical. Chair declared public hearing closed. Mr. Marino asked why only 204 seats, Mr. Morrisson re- plied that a survey was done nationwide and successful arts centers have from two to three hundred seats, most wanted only 250 seats. On question, Mr. Juren said that proposed changes are appropriate and are within conditions of city, that city had specified that buildings be made energy efficient, Mr. Miller said entrance is visually screened from Hickory Street, that it does as little as possible to historical facade and still conform to requirements, Mr. Marino moved to accept H-29 as it meets the following criteria; 1 ' , 1 HLC Minutes September. 12, 1983 Page 4 11 Character., interest or value as part of the devel- opment, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States) 2. Fmbodiment of distinguishing characteristics of an architectural type or specimen. 3. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. 4. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. 5. Portrayal of the environment of a group of people in an area of history characterized by a distinc- tive architectural style. 6. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. 7. Location as the site of a significant historic event. 8. Identification with a person or persons who sig- nificantly contributed to the culture and devel- opment of the city, state or United States. 9. A building or structure that because of its loca- tion has become of value to a neighborhood, com- munity area or the city. 14. Value as an aspect of community sentiment or public pride. Seconded by Mr. Lowry. Mr. Lowry moved to table H-29 to emergency meeting. Seconded by Mr. Miller and unanimously carried. (5-0) Ms. Matthews left the meeting. Mr. Lowry moved to accept H-30 as it meets the following criteria; 1. Character, interest or value as part of the devel- t went, heritage or cultural characteristics of e City of Denton, State of Texas, or the United States. L' H1.C Minutes September 12, 1983 Page 5 2. Embodiment of distinguishing characteristics of an architectural type or specimen. 3. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. 4. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural. innovation. 5. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. 6. Portrayal of the environment of a group of people in an araa of history characterized by.a distinc- tive r.rchitectural style. 7. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. 8. A building or structure that because of its loca- tion has become of value to a neighborhood, com- munity area or the city. 9. Value as an aspect of community sentiment or public pride. Seconded by Mr. Marino. Mr. Lowry moved to table H-30 to emergency meetin Seconded by Mr. Miller and unanimously carried. ~4-0) III. Considerations A. Discussion and review of building plans for a planned development at 620 West Hickory Street. Gary Juren, architect, presented elevation and floor plans stating that site plan originally approved has not been changed. He said parking for clients will come off. Hickory and parking for staff off Denton St. Structura will be two-story and will not exceed 4800 square feet; second story may not be completed out at this time. Stage one will probably include about 3800 square feet of air conditioned space. Building will provide space for three attorneys now, that future pro- jection is to possibly add others. He described the 1 HLC Minutes October 10, 1983 Pase 2 A,lH-29, This is the petition of the Greater Denton Arts ouncil requesting historic landmark (H) zoning desig- nation at the southeast corner of Bell Avenue and (UNAPPROVED) Hickory Street. The property is the location of the old City of Denton warehouse and machine shop and is more particularly described as lots 1 through 8 of the Railroad Addition. and B. H-30, This is the petition of the Greater Denton Arts Zounoil requesting historic landmark (H) zoning desig- nation at the southwest corner of Bell Avenue and Hickory Street. The property is the location of the old City of Denton power plant, Clovis Morrisson, president of the Greater Denton Arts Council stated that re uest is for designation of old on inal power plant and city warehouse which was built in 1929 and the diesel power planL which was built in 1947, He said that prior to 1929 people provided for their own power, that with cons'tructi.on of the power plant development of Denton began, He continued that the architect was J. P. Greenwood and builder was Flay Lakey for the original power plant; the mayor went to New York to pick out the generators. He said architecture is industrial style with touches of southwestern along roof line. Mr, Morrison further stated that the diesel power plant was built in 1947) that city contracted with a company in Milwaukee for engines and the buildings were thrown in as housing for the engines. He said architectural detailing on building is nice, with unique huge doors on north side and lights framing the doors, also detailing around roof line. He read a letter from Peter Maxon, of Texas Historical Commission, commenting on buildings which stated that conversion of the structures shows a good deal of imagi- nation. He said that the buildings will be the Denton arts complex for the next 50 years. He referred to the 13th criteria, stating that the buildings are an example of community pride as over 600 people have contributed $1,200,000 for the conversion. No one appeared in opposition to the requests, Chair declared public hearing closed. HLC Minutes October. 101 1983 Page 3 Mr. Boyd stated that he had heard comments about desig- nating a building built in the 408 as an historical structure, that it is much easier to appreciate and understand the historical value of an hundred year old structure, He continued that these buildings are prob- ably not historical masterpieces but they do belong to the history of Denton and IIe feels they are an important part of the history of Denton. He commented that when City of Denton went into the power, system, it was a mat- ter of concern to alot of people, it was very controver- sial at the time. He said he foals it is important to consider these structures from view of historical per- spective. Mr. Miller noted that the design of diesel plant is simi- lar to a gymnijsium, with its large doors and flanking light fixtures* that city was doing the best it could within its limited budget to echo feeling of utilitarian look. He said that Bauhaus did a number of such build- ings which were popular in the 30s and 40s. Chairperson commented that commission has branched out to other parts of the city and to buildings other than the more imposing structures. She feels the community needs to be more aware of houses, etc. that have been constructed at a later date. Mr. Lowry commented that a number of art deco buildings are being torn down which is a nationwide concern. He said no apology is necessary, architecturally or histor- ically,, for thinking these buildings would be a splendid addition to historical structures in the city. Mr. Miller said that Hickory Street is formal front of buildings, that if that front facade is maintained, then historical significance is maintained. Mr. Marino pointed out that there would be 200 plus seats, that trend seems to be to smaller centers. Mr. Wheeler noted that a larger center would create traffic and parking problems. Chairperson apologized to Mr. Morrisson for re airing his presence at a second meeting and thanked him for coming. Mr. Wheeler asked about future zoning in the arts council area. Other commissioners commented that they had heard there would be private development compatible with arts district such as art galleries, restaurants, etc. HLC Minutes October 10, 1983 Page 4 Mr. Marino moved to accept H-29 as it meets following criteria; 1. Character, interest or value as part of the devel- opment, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States, 2, Embodiment of distinguishing characteristics of an architectural type or specimen. 3. Identification as the work of an architect or master builder whose individual work has influenced the de- velopment of the city. 4. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif, 5. Portrayal of the environment of a group of people in an area of history characteri,med by a distinctive architectural style. 4. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. 7. Location qs the site o" a significant historic event. 8, identification with a person or persons who sigg- nificantly contributed to the culture and devel- opment of the city, state or United States. 9. A building or structure that because of its loca- tion has become of value to a neighborhood, com- munity area or the city. 10, Value as an aspect of community sentiment or public pride. Seconded by Mr. Lowry. On individual poll, Commis- sioners Boyd, Hardin Kingsburyy, Lawrence, Lowry, Marino, Matthews, Mi ler, and Wheeler voted aye. Motion carried unanimously. (9-0) r M HLC Minutes October. 10, 1983 Page 5 Mr. Boyd moved to recognize historical zoning of H-30 based on the following criteria 1. Character, interest or value as part of the devel- opment, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 2. Embodiment of distinguishing characteristics of an architectural type or specimen. 3. Identification as the work of an architect or master builder whose individual work has influenced the de- velopment of the city. 4. Embodiment of elements of architectural design, detail materials or craftsmanship which represent ~a significant architectural innovation. 5. Relationship to other distinctive buildings, sites or areas which are eligible for preservation acrord- in to a plan based on architectural, historic or cultural motif. 6. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. 7. Exemplification of the cultural economic, social, ethnic or historical heritage of the city, state or United States. 8. A building or structure that because of its loca- tion has become of value to a neighborhood, com- munity area or the city. 9. Value as an aspect of community sentiment or public pride. Seconded by Mr. Kingsbury. On individual poll, Commis- sioners Boyd, Hardin, Kingsbury, Lawrence, Lowry, Marino, Matthews, Miller, and Wheeler voted aye. Motion carried unanimously. (9-0) P&Z Minutes ' October 26, 1983 Page 2 Mr. Juren excused himself from the hearing and left the Council Chambers. A. H-29. This is the petition of the Greater Denton Arts ouncil requesting historic landmark (H) zoning designa- tion at the southeast corner of Bell Avenue and Hickory Street. The property is the location of the old City of Denton warehouse and machine shop and is more partiou- larly described as lots 1 through 8 of the Railroad Addition. (UNAPPROVED) Ms, Spivey explained the location to be on the southeast corner of Bell Avenue and Hickory Street (old city warehouse) presently zoned light industrial (Ll) and stated that the historical designation does not change the zoning. She explained four. (4) notices were mailed to property owners within 200 feet of the sub ect property, one (1) reply form was received in avor; zero (0) reply forms received in opposition and one (1) received undecided. and B. H-30. This is the petition of the Greater Denton Axts Council requesting historic landmark (H) zoning designa- tion at the southwest corner of Bell Avenue and Hickory Street. The property is the location of the old City of Denton power plant. Ms. Spivey explained the location of the property and stated the zoning is presently commercial (C) and that the historical designation would not change the present zoning, Eight (8) notices were mailed to property owners within 200 feet, throe (3) reply forms were received in favor, zero (0) in opposition and one (1) undecided. Clovis Morrisson, President of the Greater Denton Arts Council, stated the fact that they are the lessees of the subject buildings and that his comments would also cover'the H-30 case. He explained that the structure is an old city warehouse of brick construction and was built in 1929, the architect was J. P. Greenwood, the builder was Ray Lakey and the building was the on anal power plant for Denton. He said the architecture is industrial style with touches of southwestern at the roof line, He contirued explaining that the Generator Building is a classic Berman design due to the fact that the building was designed by an engine company from Milwaukee using their own design for purposes of accomodating the generators that would supply power to the city. f P U Minutes October 26, 1983 Page 3 The Arts Council intends to convert the building into an Arts Complex. The building's are located exactly in the center of the city and the Arts Council views these buildings as an anchor for the east part of Denton for future preservation of the area. Mr. Claiborne questioned how much of the exterior would be changed. Mr.. Mor.risson stated that very little change and only changes that are absolutely necessary would be made, basically for purposes of weather conditioning. No one spoke in opposition. Ms. Spivey stated the Denton Sesquicentennial Committee teas adopted this project as its main project. She stated the Historic Landmark Commission recommended approval by a vote of 9.0 at their meeting of October 10, 1983, they felt it does meet the criteria for historic designation. Chairman declared the public hearing closed.• Mr. Escue made a motion to recommend approval of H-29, Ms. Cole seconded the motion, unanimously carried 4-0. No one spoke in opposition. Ms. Spivey stated the Historic Landmark Commission recommended approval of H1-30 at their meeting of October 10, 1983 as it meets the criteria for historical designation. Mr. Escue made a motion to recommend approval of H-30, seconded by Mr. Claiborne and unanimously carried 4-0. Mr.•LaForte commented he would like to congratulate the Arts Council for their hard work on the project. Mr. Juren returned to his seat. C. H-31. This is the petition of Douglas and Lynn Ebersole re uesting historic landmark (H) zoning designation at 630 Grove Street. The property is more particularly described as lot 1, block 2, of the Woodland Addition. NO, AN ORDINANCE M,'IGNATING THE SOUTHEAST CORNER OF BELL AVENUE AND HICKORY STREET (THE OLD CITY OF DENTON WAREHOUSE AND MACHINE SHOP) IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AS A HISTORIC LANDMARK UNDER ORDINANCE N0, 80.30 (ARTICLE 28A OF THE COMPREHENSIVE ZONING ORDINANCE)1 AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXA5, HEREBY ORDAINSt SECTION 1, The below described property shall be Classified as historical zonings The Old City warehouse and machine anop property located on Lots l through 8, Slook 3, Railroad Addition to the City of Denton, is hereby designated as a historic landmark under Ordinance No, 80••30, Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas, SECTION 11, The historic landmark designation shall be indicated upon the zoning map of the City of Denton by the letter 4', and the property herein described shall be subject to all the terms, provisions and requirements of Ordinance No. 80-30, Article 28A of the Comprehensive Zoning Ordinanos of the City of Denton, Texas, SECTION 111, This ordinance shall become effective from and after its date of passage, PASSED AND APPROVED this the ` day of , 1983. RICHARD 0, STERMT, R CITY OF DENTON, TEXAS ATTESTt HARLOTTE ALLEN, CITY SECRETA-R-17 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS C. J. TAYLOR, M o CITY ATTORNEY CITY OF DENTON, TEXAS BYt . 1 PLANNING AND ZONING COMMISSION Recommendation to the City Council Tot City Council Case No. H-30 Meeting Date: November 15, 1983 GENERAL INFORMATION Applicant: Greater Denton Arts Council P, 0, Box 1194 Denton, Texas 76201 Status of Applicant: Lessee and future occupant Requested Action: Historic Landmark (H) zoning designation Locations Southwest corner of Bell Avenue and Hickory Street - old city power plant Existing Zoning: Commercial Existing Land Use: Vacant Denton Development Guider Area is located on the fringe of the high intensity downtown area, page SPECIAL INFORMATION Article 28 A, Section 28 A-1 of the City o£ Denton Zoning Ordinance defines a histor..c landmark as any building, struc- ture, site, district, area of architectural, historical, arehaelogieal or cultural importance or value, which the City Council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education, and general welfare of the people Section 28 A-2 of the above referenced ordinance declares as policy the following purposes of the historic preservation ordinance related efforts; 1) To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, archaeological, cul- tural, social, economic, ethnic and political history and to develop appropriate settings for such places, 2) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations. 3) To stabilize and improve property values in such locations. 4) To foster civic pride in the beauty and accomplishments of the past. 5) To protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. 6) To strengthen the eeottomy of the city. 7) To promote the use of historic landmarks for the culture, prosperity, education and general welfare of the people of the city and visitors of the city. age03 ANALYSIS The Greater Denton Arts Council plans to convert the building into a center, for the performing arts, This will be part of an arts complex along with a visual arts center, The Denton Sesquicentennial Committee, formed to plan the celebration of the 150th birthday of the State of Texas, has adopted the conversion as its major project. Historic designation would serve to strengthen this effort. RECOMMENDATION The Historic Landmark Commission felt that this structure is worthy of historic designation due to its unique style, The old diesel power plant is the only example of Bauhaus architecture in industrial use in the City of Denton. The Historic Landmark Commission recommended approval of H-30 by a vote of 9-0 at its meeting of October 10, 1983 nd felt that the structure meets the following criteria for (H~ zoning designation; 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 2. Embodiment of distinguishing characteristics of an architectural type or specimen. 3. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. 4. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. 5. Relationship to other distinctive buildings, sites or areas which are eli ible for preservation according to a plan based on architectural, historic or cultural motif. H~3,0 Page 4 6, Portrayal of the environment of a roup of people in an area of history characterized by a distfnotive architectural style, 7. Exemplification of the cultural, economic, suoial, ethnic or historical heritage of the city, state or United states. 8, A building or structure that because of its location has become of value to a neighborhood, community area or the city, 9. Value as an aspect of community sentiment or public pride. The Planning and Zoning Commission recommended approval of H-30 by a vote of 4-0 at its meeting of October 26, 1983, ALTERNATIVES 1. Approve petition 2. Deny petition ATTACHMENTS F 1. Aerial 2. Petition 3. Historical Summary 4. Reply forms total 5. Property owner list 6. Minutes of Historic Landmark Commission of September 12 And of October 10, 1983 (See H-29) 7. Minutes of Planning and Zoning Commission of October 26, 1983 (See H-29) 1 FY l' NI T" . T t 0410 • 7~\i, ^A. / '1 .1, I if~[, y., K ,r I f v 1 •,l.r. I. 1-r 4r lA I ..i 1 r'+M •°r':^S f q r JF l4•fI al ilt alaf,trf,R,~ '~}'I~f:~ ~I,,~ ~a a of y r`i~ ~ ♦•'.lei i R' 1+~4' 1}x'gy ~S1L~y,.,f~ 'T r r i I I . ~h •1~1 „VL'R~~ Y:~.l yl4y~ .I. r1 .4. ! r,l 1 ~ ' , ~^irq!.'MY'(CMUII+` 9q..'ln ~3A Ali Igo 7 • 10 o IS: I:w I 4 .i t ~ I ,wly t~ f~1~ /ot , 1~ 1i p' lA. ol. I V ~ + - 1 ---lw ~ Jfla; )s~/ Il. .{',u I+If~11M11 II{IIbN'Ilr•I I ,fN , 1!"~ U 'll~ 1i ti ore Z• w..•.,,~,y,H •.~.i 7..r.~l,i1 /yl '.V,.. ,,1 r •d, 1n , d .✓y L~ ~,Sy, 1 .AI 'I . r r I i.' 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(a•L lr rFf F X11 f+ tl_h '1, ' I 'to 4r J, vI trl • S l It ~ III -.r.r fYtr • at. 7' Y 3 0 PETITION FOR HISTORIC LANDMARK DESIGNATION TO THE HISTORIC LANDMARK COMMISSION, PLANNING 6 ZONING COMMISSION, AND CITY COUNCIL OF DENTON, TEXA I (S the undersigned, or.mer(s) of, or P' with financial interes in, all property herein described, do hereby file this, my & petit`, asking that the said property be designated as a historic landmark under the provisions of Ordinance #80-30 of the Code of Ordinances of the City. of Denton, Texas, The said property is located at The Intersection of Bell and East Hickory and is more particularly described as follows: The old electric diesel power plant located ons Ali that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, being part of Block no, Twenty-One (21) of the original Town of Denton, and being more particularly described as fotlowst BFQ1NN1N0 at a point In the north boundary line of said Block no, 21, 363, 1 feet east of the northwest corner thereof.;, THENCE east with the north boundary line of said Block No, 21, 217. 9 feet to the northeast corner thereof; THENCE south with the east boundary line of said Biock300 feet for Its southeast corner; THENCE west with the south boundary line of said Block 217. 9 feet a stake in the south boundary line of said Block for corner; THENCE north parallel with the west boundary line of said Block, 300 feet to the place of beginning RECEIVED Sct ''U 2 i533 1 HISTORIC LANDI-M, 70NING PETITION 1 City of Denton, Texas SIT, ADDRESS: CITY LOT & BLOCK r , I Part of 1',1'1ck 2 C!t\lt (777111011. 7--• 1p1. .r+, ~t P•4 -~'~J i ----`-0..~'':r.l__...~.' . 1,` , ,r alt ~,i ~1~~„ __UIC~ 11n1': l1 CIF _ ~ , nr , . PRESENT USE- CONSTRUCTION/DES f 1th haSCtYlPnt, 1:..,` i i pll` ` .d b r 1 c k an( r c-,aa CONDITION: tlh t` ` , !.i fir-3 EyTERIORt f ood t.C'; , (GOOD, FAIR, P 0 PRESENT OWNERS ADDRESS TELEPHONE NUIQB R _ City or Denton 25-year least, to Greater n~ml i A,•ha Cnimrll P. n. BOx 1199 •1~r 382-2787 DATE BUILT, 194Oof?1 DATES AND EXTENT OF ALTERATIONS/ADDITIONAS ARCHITECT, un nown BUILDER: ORIGINAL 0 RI City of Denton ARCHITECTURAL STYLE•OR PERIOD WITH DESCRIPTION OF 1 INNOVATIVE ~E~IGN TURFS DETAILS 14ATFRIALS OR CRAFTSIWSHIP: Bauhaus, t ie on } exanip e n a1f IEi~"ustrIM building In the elty, NATIONAL, REGISTER? 11O NATIONA~LANDVARK? no RECORDED TEXAS LANDMARK? LOCAL SURVEYS OR RECOGNITION? ADD ADDITIONAL INFORMATION TO SUPPORT CLAI14 IN CHECKED CATEGORY. The city building on the southwest corner of the intersactlon of Bell and East Hickory is now known as the Old Diesel Power Plant, It will soon become the J, N, Rayzor Center for the Performing Arts, part of the Denton Arts Complex, But its importance in the history of Denton derives basically from its unique style, The Old Diesel Power Plant Is the only example of Bauhaus architecture given over to Industrial use In the City of Denton, This architectural style, so very much a dominant one throughout the United States, is given a classic expression In this building, The location of the building has become very important to the entire city, for It is near the exact center of the city-.right where arts centers should be located, No citizen of Denton needs to travel more than 15 minutes to reach it, and most can make the trip In 10 minutes, Its location is also vital slnoe It shares tho same street Intersection as the Center for the Vizual Arta, making it possible for all the art forms to be gathered in this location. If all falls Into place, the building and its ocmpanion across the street will be the western anchor of an arts district encompassing the :%rea between the square on the west, the Civic Center and Its partk on the north, and Mulberry Street on the south, 1 ~ .IA 1 1 Criteria to be used in Historical landmark Designation The petitioner will be responsible for furnishing data to the Planning and Community Development Department for submittal to the landmark Commission substantiating that the property meets at least one or more of-the following 13'criterion for Historic. Landmark designations ❑ 1, Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States, ❑ 2, Recognition as a recorded Texas historic landmark, a national landmark, or entered into the National Register of Historic Places. 3, Embodiment of distinguishing characteristics of an architectural type or specimen, 4, Identification as the work of an architect or master builder whose indivdual work has influenced the development of the city. Q 5. Embodiment of element's of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. ❑ 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style 8, Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. ❑ 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States, 10. Location as the site of a significant historic event. 0 11. Identification with a person or persons who significantly contributed to the culture and development of the City, State or United States. ~j 12. A building or structure that because of its location has become of value to a neighborhood, community area, or the city. Q 13. value as an aspect of community sentiment or public pride. I PROPRR'h OWNER REPLY FOMS CITY COU14CI7. H-30 IN FAVOR IN OPPOSITION UNDECIDED Denton Record Chronicle Weldon Burgeon C/o Ray Appleton 345 E, Hickory 314 East Hickory Denton, Texas Denton, Texas 387.3811 Tom Harpool Drawer B - 406 E. Oak Denton, Texas David Martino A r r- n ff C-1 _ Ci w~ r ~ _ f 4 I~f lr -1' _ c '1 f Qn^ 3 I NO, ' AN ORDINANCE DESIGNATING THE SOUTHWEST CORNER OF BELL AVENUE AND HICKORY STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AS A HISTORIC LANDMARK UNDER ORDINANCE N0, $0-30 (ARTICLE 28A OF THE COMPREHENSIVE ZONING ORDINANCE)I AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS, SECTION I, The below described property shall be classified as historical zonings All that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, being part of Block No. Twenty-One (21) of the original Town of Denton, and being more partioularly described As follows, BEGINNING at a point in the north boundary line of amid Block No, 21, 363.1 feet east of the northwest corner thereof, THENCE east with the north boundary line of said Block No, 21, 217.9 feet to the northeast corner thereof, THENCE south with the east boundary line of said Block 300 feet for its southeast oorner, THENCE west with the South boundary line of said Block 217,9 feet a stake in the south boundary line of said Block for corner, THENCE north parallel with the west boundary line of said Block, 300 feet to the place of beginning, is hereby designated as a historic landmark under Ordinance No, 80-30, Article 28A of the Comprehenaive Zoning Ordinance of the City of Denton, Texas. SECTION II The historic landmark designation shall be indicated upon the Zoning map of the City of Denton by the letter "HN, and the property herein described shall be subject to all the terms, provisions and requirements of Ordinance No. 80-30, Article 28A of the Comprehensive zor,:ng Ordinance of the City,of Denton, Texas. SECTION 111, This ordinance shall become effective from and after its date of passage. PASSED AND APPROVED this the day of , 1983. MUM 6. E OA ATTEST, CITY OF DENTON, TEXAS CHARLOTTE ALLEN, CITY SEC AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL PORM, C. a. TAYLOR, JR., -CITY ATTORNEY CITY OF DENTON, TEXAS BYr r 1 1 PLANNING AND ZONING COMMISSION Reeommandation to the City Council Tot City Council Case No, H-31 Meeting Datet November. 15, 1983 GENERAL INFORMATION Applicants Dlas and Lynn Ebersole 2M Stonegate Drive Denton, Texas 76205 Status of Applicanti Owners Requested Actions Historic Landmark (H) zoning designation Location and Sizes 630 Grove Street Existing Zoning: Multi Family-1 (MF-1) classification Existing Land Uses Single Family Residential Denton Development Guides Area is designated as Low Intensity 1 f ~~-31) Page 2 SPECIAL INFORMATION Article 28 A Section 28 A-1 of the City of Denton Zoning Ordinance chines a historic landmark as any building, struc- ture, sits, district, area of architectural, historical, archeological or cultural importance or value, which the City Council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education, and general welfare of the people. Section 28 A-2 of the above referenced ordinance declares as policy the following purposes of the historic preservation ordinance related effortsi 1) To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, archaeological, cul- tural, social, economic, ethnic and politioal history and to develop appropriate settings for such places. 2) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations. 3) To stabilize and improve property values in such locations. 4) To foster civic pride in the beauty and accomplishments of the past. S) To protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. 6) To strengthen the economy of the city. 7) To promote the use of historic landmarks for the culture, prosperity, education and general welfare of the people of the city and visitors of the city. Pagel O , ANALYSIS The older, and distinct residential charaoter of this section of the oily is quite strong and worthy of every available protec- tion. Historic preservation could bring added attention to Development Guide policies demanding protection and preservation of existing housing stock in older neighborhoods. RECOMMENDATION The historic Landmark Commission felt that this structure is rep r.esentative of many unassuming, yet distinctive remnants of the past that are worthy of protection and a testament to the philosophy that true historic preservation should not be limited to elaborate and imposing structures alone. The Historic Landmark Commission recommended approval of H-31. by a vote of 7-2 at its meeting of October 100 1983, and felt that the residence meets the following criteria for (H) zoning designation) 1. Embodiment of distinguishing characteristics of an archi- tectural type or, specimen. 2. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif, 3. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. 4. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. 5. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. 6. Identification with a person or persons who significantly contributed to the culture and development of the city, state or United States. I (H•31) ' Page 4 7, A building or structure that because of its location has become of value to a neighborhood, community area or the city. 8. Value as an aspect of community sentiment or public pride, Planning and Zoning Commission recommended approval of H-31 by a vote of 5-0 at its meeting of October 26, 1983. The zoning ordinance includes the following provision; If 20 percent or more of the area of the lots included in the proposed change or those within 200 feet therefrom, return a reply form in opposit on to the proposed change, the Cit? Council must attain a 3/4 vote to approve it. Texas Woman s University, a property owner within 200 feet of the proposed zoning change, constituting 20 percent of the area, has submitted a negative reply form. The council must have a 3/4 vote to approve this request for historic landmark zoning designation. ALTERNATIVES 1. Approve petition. 2, Deny petition. ATTACHMENTS 1. Aerial 2. Petition 3. Historical Summary 4. Reply forms total 5. Property owner list 6. Historic Landmark Commission minutes of October 10, 1983 7. Planning and Zoning Commission minutes of October 26, 1983 I ~ ~ ~ + Ira dr~,. u1~, + ~i, ~ R~• aY IkA ' i MNM4i~ jI ~ v, o1A R (v M.4 ' ILL e 1 Y. 1 Mn a I 11v ~ t u ~r 2. .a 1 ; ~FroY 1 ' r 'fli.'F*'F o4l Aly t A bbb i ~~11F t• 't ~ , ~ 1.,MY~~ ~ I~ I i~~ ~ I '"~1l ! , ,ta ~~~555 ~ y y ~ }7 1 f • I )q i l l ,{3 Y/1 Y 1 1 9 yytF 3 f '~j 5. . r ' k 1 tar `~M'Y~V ,7!'~'t ah'1 tel. ! II fir. Vii' ~ ~ ~ ~ ~i~, k,~ ~7~ 41+'~,i ~~,~M'►,~Y i ~ ''M ~ ~ ~ h IIF : a. 9f' 1~~ ~ { ^ir ;a ~c s l~ ~ 1 PETITION FOR HISTORIC LANDMARK DESIGNATION TO THE HISTORIC LANDMARK CM,IISSION, PLANNING & ZONING CM-IISSION, AND CITY COUNCIL OF DENTON, TEXAS I/We, the undersigned, owner(s) of, or party(s) with financial interest in, all property herein described, do hereby file this, my/our petition, asking that the said property be designated as a historic landmark under the provisions of Ordinance #80-30 of the Code of Ordinances of the City of Denton, Texas, The said property is located at 630 Grove Street, Denton, Texas and is more particularly described as followsi Lot 1, Block 2, Woodland Addition, City of Denton I/We herewith tender the filing fee of twenty-five dollars ($?5). I/We authorize the City of Denton to place a sign or signs 'on the above property for public notification of the proposed historic designation, Name Douglas and Lynn Ebersole Address 2244 Stonegate Drive City Denton State Texas phone (817) 383-2814 Submitted this 1 day of October 1983 tj .i HISTORIC LANUN.ARK City' of Dento SITE AADRESSI Ec0 ,rove ~trE'et ' ,.F CITY LOT & BLOCK OR LEGAL DESCRIPTIONI L Eloc'r. 2 4'oo~ and Additior: city cf De G" nton ' P" .f~1 Y PRESENT USEt Fesidence ZONING I CONSTRUCTION /DESCRIPTION I wood frame cn I ~ Tier-and-beam wood siding ric fireplace ~dt~ v:k CONDITION i EXTERIORt €ood INTERIORt €ood (GOOD, FAIR, POOR f PRESENT OWNERS ADDRESSEE Douglas and Lynn Ebersole 2244 Stonegate Drive t 1 388-291g 1., DATE BUILTtca,1926 DATES AND EXTENT OF ALTERATIONS/ADDTTIONStCa. 1963-65, front porch was enc ose and side porch added, additional room added on T e rear. i additions and alteretions are consistent with the stv?e of the buildin ARCHITECT= unknown BUI DERt unkr ovn ORIGINAL 0 Rt Fred Harper ARCHITECTURAL STYLE OR PERIOD WIT}- DESCRIPTION OF ANY INNOVATIVE DESIGN, FEATURES, DETAILS, MATERIALS OR CRAFTSMANSHIPt tv ical 1920s plan book style and plan, 'ncludin built-in kitchen nook and period cu boar s. Ori nal 4.1an was one- a room one haft) with livini room, dining room, familyrcom and screene bataracDort , Three-over-one Craftsman-style windows and stepped fireplace are c ter stic o the period and style, NATIONAL REGISTER? no NATIONAL LANDWK? no RECORDED TEXAS LANDIIkM? no LOCAL SURVEYS Olt RECOGNITION? no ADD ADDITIONAL INFORMATION TO SUPPORT CLAIM IN CHECKED CATEGORY. 1 NARRATIVEI HARPER-BRYAN HOUSE 630 GROVE STREET DENTON, 'T'EXAS I By LEANNE BAIRD HISTORIC PRESERVATION CONSULTANT DALLAS, TEXAS Submitted to the HISTOkIC LANDMARK COMMISSION PLANNING AND ZONING COMMISSION By DOUGLAS AND LYNN EBERSOLE © 1983 by LeAnne Baird. No information or quotation from this report may be used without crediting the author. Xerographic copies for research purposes of all or any part of this document must be labelled with full bibliographic citation. TABU OF CONTENTS TABLE OF CONTENTS i LIST Of' FIGURES ii LAST OF ABBREVIATIONS iii 1. STATEMENT OF SIGNIFICANCE a ZI, DESCRIPTION OF THE HARPER-BRYAN HOUSE, GARAGE AND 2 ENVIRONS III, THE HARPER-BP'ieiN JITE IN THE C014TEXT OF 1TS NEIGHBORHOOD 7 IV. CHAIN OF TITLE FOR THE PROPERTY 11 V. BIOGRAPHY OF EARL C. AND CLARA BRYAN 17 BIBLIOGRAPHY 21 APPENDIX A. HISTORIC LANDMARK ZONING PETITION 23 -i- L1sT or mums Fri ,_u_re Pale 1, Harper-Bryan house, north (front) and east elevations, looking southwest, 3 2. Detail of side-entry porch with decorative columns, east end of north elevation, looking south. 3 31 South room addition, looking northwest. 5 4 4. Garage, east elevation, looking west-southwest, 5 51 B,B.D. & C. Railway Co. plat, Abstract No. 158; the limits of the City of Denton in the early 1880's as delimited by Bridges (1978); and lat v additions to the city in the ar,aa under study here. 8 6. Subdivisions of the B.B.B. & C. Ry. Co. Survey. B.B.B. & C. Railway Company plat, Abstract No. x.58. Taken from the abstract of the property at 630 Grove Street, page 1. 12 7. Partial plat of Subdivision No. 7, B.B.B. & C. Ry. Co. Survey. Taken from abstract of the property at 630 Grove Street, page 2. 13 8. Plat of Woodland Addition to the City of Denton. Taken fromthe abstract of the property at 630 Grove Street, page 84. 1S . -ii- M LIST OF ABBREVIATIONS Addn, Addition Dist, Ct, District Court of Denton County W,D, Warranty Deed, Legal record of basic transfer of property from one owner to another, riled in County deed records, nod, No date i n,p, No page Probate Min, Probate Minutes, Record of probate hearing to settle a deceased person's estate, riled in County probate office, Sheriff's Deed, Legal record of transfer of property foreclosed s.nd sold at public auction, riled it, County deed records, (letter or number) -(number) Book and page number of document filed in county records r -iii- I, STATEMENT OF SIGNIFICANCE The Harper-Bryan house was built ca, 1925-1926 for Fred Harper, who lived in the house until his wife's death in 1937, Earl C, Bryan and his wife purchased the house in May of that year, and lived there until Mrs. Bryan's death ca, 1979. Bryan continued to occupy the house until his death in January 1983, Both Mr, and Mrs. Bryan taught speech at TW U, and Mr. Bryan was Chairman of the Speech Department foil more than 30 years, The-site containing the Harper-Bryan house and garage at 630 Grove Street is bel::eved to meet the following criteria established by the Historic Landmark Commissi~an and set forth in Ordinance 80-30, Appendix B, Comprehensive zoning Ordinance of the City of Dentoni (a) Character, interest or value as part of the development, heritage or, cultural characteristics of the City of Denton , , , W. Embodiment of distinguishing characteristics of an architectural type or specimen, (h) Archaeological value in that it has produced or can be expected to produce data affecting theories of historic , . , interest. (i) Exemplification of the cultural, economic, social or historical heritage of the city " (k) Identification with a person who significantly contributed to the oulture of the city, state , (1) A building or structure that because of its location has become of value to a neighborhood, community area, or the city. (m) value as an aspect of community sentiment or public pride. , .1_ 1 ' III DESCRIPTION OF THE IIARPER-ARYAN HOUSE, GARAGE, AND ENVIRONS The Harper-Bryan property is located on the southeast corner of Grove and Frame Streets, Grove Street is one block long, and is bordered by the TWU campus on the north and east. The property consists of a house, garage, and landscaped gardens. The house is a frame structure on pier-and-beam foundation, with a gable roof, It is sided in plain novelty siding (Figure 1,). Decorative features on the exterior of the house include Craftsman- style 3-over-1 windows, and on the north wall, a side-entry partial porch with openwork wooden columns (Figure 2.), and an exterior brick fireplace stepped on one side. Judging from the dramatic increase in property values between the 1925 and 1926 tax years, it can be assumed that the house was built ea. 1925-early 1926. At that time it was newly owned by Fred C. Harper and wife, who reportedly "had it built" for them (Roach 1983). Carl C. Bryan and Clara Bryan bought the property at 630 Grove Street in 1937. According to Josh Roach, long-time friend of Mr. Bryan's, they purchased it from the people who had it built, who was alo a teacher but who was leaving town. (Fred Harper did not, however, teach at TWU,) This was the first house that Earl and Clara Bryan had ever owned; prior to that time, they had rented a house on Elm Street (Roach 1983). At the time of their purchase, the house had a gable entry and a full front porch under the gable, No significant alterations were made to the house until after Earl Bryan's retirement in 1963. At that , -2- r . d .a;. 77 4 1 ~ 1ti~%4 M ~~F w I Figure 1 op? Harper-°r~'an housi~, north (rront) anc east elevations, looking southwest. Figure , (Right) Detail of 1 side-en+:ry porch with decorative columns, east end of north elevation, looking south,.-',1 ~ I X14; y 'y= y time, the front porch was enclosed to make the front bedroom larger, and the front door was changed to a side entry with vestibule, Although this was a substantial alteration in plan, it {.s contemporaneous in design and execution with the original style and character of the house. Similarly, an additional room was added to the south side of the house to create additional living space, but this room is not incongruous with the style or porportions of the house when viewed from the street (Figure 3), After the remodeling, the Bryans painted the house grey with darAer grey trim, giving the house "almost a formal look" (Roach 1983). Prior to the remodeling, the interior walls were finished in the early-twentieth century fashion of modest houses; wallpaper over canvas tacked to bare wall boards. The Bryans added panelling to the walls to replace the wallpaper finish, and painted the panelling a neutral color. The bath fixtures were replaced with modern versions. The garage is of a similar style and period, and may have been 4 built at the same time or shortly .after the construction of the house (Figure 4.). In addition to a small one-car stall, the structure contains a laundry room and a plumbed "mud-room," which Bryan used to clean up in before entering the house (Roach 1983). Earl Bryan was an avid gardener, and both the area behind the garage and the lot next door were elaborately landscaped. A brick sidewalk led from the garage to a grassy area containing a portable barbeque grill and lawn chairs. The Bryans used this area for entertaining. Low stone walls bounded plots filled with flowers, and shrubs, trees, and more flowers were spread throughout the area around the house and the lot next door. The landscape is now overgrown, but the major -4- { r pit r s figure South, mom accition, looking ncmhwest l r •w r I L: 4 I• Mlgl ~~W I Figure 41 Carage, east elevation, looking west-southwest, shrubs and trees have not been disturbed, In the last years of his life, Mr, Bryan could not care for the extensively landscaped yard and it is difficult to visualize it now as it used to be, At least the brick sidewalk is still intact, and other brickwork may be located as clearing and refurbishing proceeds. More of the landscape designed by Mr, Bryan could be uncovered by careful inspection or archaeological investigation, While the systematic study of verdacular house types in the first half of the twentieth century is just now beginning, virtually no information aboilt the accompanying domestic landscaping patterns has been collected, This is due in part to the ephemeral nature o, elaborately landscaped grounds. Unlike buildings, which are relatively permanent, landscapes car, be and often are easily changed in response to changing fashions, Since Mr, Bryan's buildings were altered so conservatively and so infrequently, it is likely that his landscaping efforts grew more oomplex but did not change dramatically during the time he lived in the house. Therefore, the grounds associated with the house are a promising site for domestic landscape study. -6- III, THE HARPER-BRYAN HOUSE IN THE CONTMT Or ITS NEIGHBORHOOD Immediately south of TWU exists a neighborhood that, while not "old" in the usual sense of the word, qualifies as an intect, virtually unaltered grouping of residential architecture illustrative of an important period in the growth of the city of Denton, The effective limits ofFthe city's development in the early 1880's, as descr'bed by Bridges (19M177-178), are illustrated in riguro 5, At the time, "away to the north (of this town area) beyond pasture and farmland were a few homes considered out in the country " (Bridges 19781177), The area south of TWU at',d west of the rai?.road tracks was occupied in the following four decades as the town grew outward from its original nucleus around the town square. The growth of this particular area was dramatically affected by the establishment of the State Industrial School for Girls on a 67-acre tract northeast of the city, The school opened its doors in 1903) and once established, grew rapidly (Bridges 1978262), According to Bridges, ca. 1900.1910 the area "now occupied by TWU contained only a few residences , , , and the entire region east of the railroad tracks was only sparsely occupied, Most of the town was clustered within a few blocks of the square with a few homes farther out scattered along the prominent streets" (Bridges 19781251). The additions to the city in the immediate vicinity of the Woodland Addition were platted in 1886 (C, C, Bell Addn,, W.D. U-86), 1902 -7~ 4 M m r R r H S lzl~ ~ r i ~X, i C ZTr- M I Y t A) B.B.B. b C. Ry. Survey B) Woodland Addition, 107 j C) A. D. Bell Addition, 1913 D) Schmitz I. Rippy Addition, 1902 V4, Oatman Addition, 1916 f) Bell's Addition, 1886 Limits of Denton in the early 1880's ' I ' i Figure 5. B.B.B. L C. Railway Co. plat, Abstract No, 158; the limits of the city of Denton in the early 1880's as delimited by Bridges (1978); and later additions to the ( city in the area under study here. t (Schmitz and Rippy Addn., k',D, 850-269), 1913 (A, B, Bell Addn,, W,D, 129-245), and 1916 (Oatman Addn „ W,D, 148.401), The Woodland Addition, closest to the campus on the south, was platted last in 1917 (W.D. 153-580) (see Figure 5.). Between 1910 and 1920 the population of Denton increased 62%, from 4732 to 7626, The beginning of the second decade of the twentieth century marked a boom in construction of now buildings in the cityi "Building permits amounted to more than a million dollars in 1923, and almost a million and a half in 1925, Much of that amount was put into new residences, This residential building surge lasted into 1925 , , . " (Bridges 1978054), The City of Denton's tax appraisal worksheets have been saved for the year 1938, Although very fragmentary for this neighborhood, these tax records support the assertion that the Bryan house is architecturally typical of houses in the surrounding blocks, The earliest houses recorded in this record group are cottages, and after the turn of the century an amorphous category called "residence" becomes more popular than cottages. In the following decades, bungalows become as common as residences (which are in all likelihood plan book houses). Most of the houses recorded were plain (without ornamental trim), wood-sided frame houses, most commonly four to ten rooms, In the streets to the south of Grove Strret they ranged in age from 1913 to 1928. Houses four to eight blocks away, on Vine and Bell Streets5 were as old as 1898, reflecting the early growth around McKinney Street (Tax Assessment Cards), The houses in the neighborhood bounded by Grove, College, and Catman Streets on the north, Bell on the west, and Railroad Avenue on the south and ea.st illustrate the variety of house styles constru<;ted during this period of intense building activity. The styles used in -9- t. this neighborhood are typical of early to mid-twentieth century vernacular housing throughout 'texas and +he United State,;i A few cottages of L. and T-shapes, and a much ;,'.rger number of ;substantial bungalows and plan book houses. Many o.' the plan book houses may have been mail-ordered from companies such as Sears S Roebuck and Montgomery Wards. More of them would have been custom-built by local builders using plans readily available from lumberyanis, women's magazines, and trade journals and publications for builders and architects. ; Regardless of their particular configurations, the houses in this neighborhood embody the prevailing sentiment of the period, the "mode). dome~r c environment," which was designed to be a scientifically- improved, efficient use of space that by its design would encourage proper moral development, family togetherness, and improved standards of hygiene (Wright i981iiS8-17E), The Harper-Bryan house is an excellent example of the i920's plan book home. its kitchen had modern cupboards and storage space, a built-in sink, and a breakfast nook with built-in table and benches. The centerpiece of the living room is a Craftsman-style brick fireplace, which dominates the main wall. The floor plan is laid out so that movement from one room to another is facilitated, and a square-arched opening connects the living and dining area.:;, -10- 1 f ' IV, CHAIN OF TITLF. FOR THE PROPERTY The 640-acre section of land containing the Harper-Bryan house was originally patented my the B,B,B. 6 C. Railway Co. In 1854 (Pat, A-156) (see Figure 6,) The surveyed section was platted into seven lots in 1854, and Lot 7 was sold to C. C. Bell for $510 (W.D, G-3), In 1886, C. C. Bell and 'tis wife A, E, laid out the C, C. Bell Addition (plat U-66), In 1888, Collins Street (later renamed Frame Street) was established, running north from Congress to the city limits MD, 33-273), In 1893, C. C. and A, Bell sold 2-7/10 acres to G, B, Collins for $220 (W,D, 50-55) (see Figure 7,), The Bells sold their tract to the north of the A. E. Bell Addition to J. F. Justus for $245 It) April of 1893 (W.D, 49-497), Justus resold the property the follcwing month to G, B. Collins for the same price (W.D. 49-510), In 1898, Bell F.treet was extended north from College to the north edge of Collin's land (W.D. 68-375), Collins sold both the 2.45-acre tract and the 2.7/10-acre tract of the A. U. Bell Addition to J, J. B. McCullar in 1901, along with numerous other lands MD, 74-191). When McCullar died in 1912, he was a retail lumber dealer with real and personal property valued at $20,000, including lumberyards in four Wise County townsi Bridgeport, Paradise, Chico, and Park Spring (Probate Min. Q-638). The two tracts discussed above were listed as his family's homestead in 1916, when his widow, Ray McCullar, petitioned the court to sell the farmland to support her family (Dist. Ct. Suit, 1916). At that time her minor, chidren Zelma, J. J. B., Jr., and Clardy, and her unmarried daughter Dink were still living at home. Her other children Glenn L,, Fred L. and Bennie Ray (Mrs. J, 11.) Tucker, were no longer living at home and disclaimed any interest in the property, as did J. Lloyd MoCullar, who had an undivided interest in J. J, B. McCullar's estate. The property had earlier, been foreclosed and -11- 'F' r .t r u ✓Ye t f h n 4' d 4 % r • `I h n n ~~•L'' „Yt,•r SV Y qty / Ci $ e o 'S "V v V figure 6. Subdivisions of the B,B.B, G C. Ry. Co Survey, B.B.B. & C. Railway Company plat, Abstract 146, 158. Taken from the abstract of the propc..rv at 620 Grove Street, page A. i y i I lei Ii 'J i ~ f Gi f J ~l ~I L r <'~II */v C, c, ± 14 ~ A f I Gel/„nr ~ J < e r ~ ~I ii f t3 le;'I C; cCuGr~r 1, iSlc7L l 'f vy/~ 16-14 rref Q i i I ! J 'i I rigure 7, Partial plat of Subdivision No. 7, B.B B, b C, py. Co. Survey., Taken from the abstract of the property at $30 Grove Street, page 2. -i3- sold to C, M, Simmons as settlement of a iudeoment against J, Lloyd McCullar MD, 131.193), but this transaction was declared invalid by the District Court Judge who heard the suit, The two tracts which had served as the Mccullar's homestead (totalling 4.89 acres) wer(: sold to I„ T, M,illican for $2500 in April of 1917 with the permission of the Court, who declared that the land as homestead belonged to Mrs, McCullar and her four children still at home (Dist, Ct; Min. V-3101 W.D. 15$-235). Millican transferred the property to J. W. Sullivan later that month (W.V. 1S3-'234), who sold it back to Ray McCullar (W.D.153-276), Mrs. 14cCullar Sold the 4.89 acres in June of 1917, less than two months later) to M. L. Portwood, making a profit of $5000 in the transaction (W.D.^153.278). M. L. Portwood platted the north 2,45 acres of the property as Woodland Addition in August of 1917 (W.D, 153-590) (see Figure 8.), Apparently Portwood was in nartnership with J, W, Sullivan, who had briefly owned the property earlier in the year, for in 1920 they affected a "partition of property belonging to . . , Sullivan and , . , Portwood" consisting of various lots in the Woodland Addition; all of Lot 5, Block 1; a half-interest in Lot 1, Block 1; and a half-interest in Lots 7-12, Block 2 (W,D. 170-338). Later in that year, Sullivan sold Lot 5, Bloc). 1 and his half interest in 12 other Woodland Addition lots (Lot 1, Block 1) and Lots 2-10 and Lot 12 in Block 2) to C. C, Yancy for $5000, In September of 1920 Yancy and Portwood sold the following property in the Woodland Addition to r. M. Bentley for $6800) Lot 1, block 11 Lots 1-5, Lot 9 and Lot 12 in Block 2 (W.D. 174-298). Lots 1-4, Block 2, and Lot 1) Block 1 were sold by Bentley to W. L. Clark and Bertha O'Callaghan in -14- i F`7 v I ~ I . I t 1 i I ~ ~ Y A e r A F. Cl r r'r ~ G( A' it ;yr~• d d I figure 8. Plat of Woodland Addition to the Cite of Denton. Taken from the abstract of the property at 630 Grove Street, page 84. ~i Wi5„ f Autm t of 1921 (w.D, 181~34)► in August of 1922 they sold Lots 1 and 21 Block 2 to V, G. Koch for $400 (W,D, 161-387), by 1925 Koch and his wife Florence wero residing irMcClennan County, Texas, On January 25, 1925, they sold Lots I and 2 to Fred Harper for $600 N. D, 197-1112), Harper held the property until his wife died in January of 1937, On May 10, 1937, Harper sold Lots 1 and 2 to Earl C. Bryan for $351)0 (W,D, 266.122), Douglas Fbersole is the present owned he purchased the property from the Bryan heirs on August 9, 1983 (W,D, 243-492), ~16~ 4 v BiocRAPHY of EARL C, AND CLARA BRYAN Earl C, Bryan was born June 6, 1893, in Lacy, Iowa (Bryan He was the son of Charles F,!~van (Bryan 1953), According to his long-time friend and professional colleague Josh Roach, he was raised in Kansas and farmed with his father (Roach 1983), Bryan received his B,S, from Kansas State College (Emporia) in 1918 (Bryan n,d.), and served in the navy during World War I, While in the service, lie ran a 'serviceman's library in Boston. As a result of his library work, he became interested in speech and decided to attend the Emerson College of Oratory, located in Boston. At that time there were very few oratory programs in the country, and Emerson College was one of the best; it had a very fine reputation for the preparation of its oratorical graduates (Roach 1983), Earl Bryan earned his Bacheloh of Literary Interpretation (B.L,I.) degree from Emerson in 1922. After graduation, he taught speech at Wilmington College (Ohio) until 1924. From 1924-1926 he taught at West Texas State in Canyon, Texas, and in 1926-1928 at the University of Oklahoma (Norman) (Bryan n.d,, Anonymous 1963b), At Canyon he taught speech courses and served as debate coach. While at Oklahoma, he coached an outstanding debate team that toured the United States, He spent summers at Northwestern University and the University of Wisconsin, where he met his wife (Reach 1983). Bryan received his M.A. in 1932 from the University of Iowa (Bryan n.d.). Clara Bryan began her career in speech at Carlton College in Northfield, Minnesota, "where she took part in dramatics and was a member of Phi Meta Kappa. Mrs. Bryan did her graduate work at the University of Wisconsin and the University of Iowa" (Anonymous 1964). -17. PIhile teaching at }:lahoma, Earl Bryan interviewed at the College of Industrial Arts (C.I.A.) in Denton (later named Texas State College for Women, and now called Texas Woman's University), lie began teaching at C,I.A, in September of 1928s as an assistant professor in Oie Speech department, In 1930 he w,ls appointed Acting Director of the Speech department by C,I,A. President Dr, Hubbard, and he became Director of the department in 1932, Earl C, Bryan served as 'Director of Sp w:ch from 1932 to 1963 (Bryan n.d.), a length of service both extended and influential, According to Mr. Roach, he was liked and admired by his students and his colleagues, and was known for his kindness and his "Eastern gentleman's manner." He was intimately involved in the professional development of his Etudents, instructors, and the education of Texans throughout the state. In 1938-1939, a four-year speech program was offered for the first time at TWU, leading to a Bachelor of Literary Interpretation degree, The following ,year, an M.A. program was establsihed (Anonymous n.d.), By the time he retired in 1963, 529 girls had graduated with speech degrees under his directorship, and 69 master's degrees had been awarded. During the more than 30 years he was the department's director, 132 adult plays and 49 children's plays were presented by the department (Anonymous 1963b). In 37 years Mr, and Mrs. Bryan never missed an opening night theatre presentation (Anonymous 1964), Earl. Bryan's activities were almost all speech-related. He was a member, of the American Association of University Professors, the Texas State Teachers Association, C.C.T.A., the American Speech Association, the American Educational Theatre, the National Collegiate Players, the Southern'Speech Association, and Phi Alpha Tau, -18- In addition to his departmental and teaching responsibilities, he was one of the founders of the Texas Speech Association, and served as its president from 1934-1935 (Bryan n.d., Roach 1983). During the 1940's he instituted a speech club, ti-there students and faculty members met to hear a variety of speakers, including the eastern poet Robert Peter Tristan Coffin. Later, he sponsored the Speech e rorun for five or six years, monthly meetings of the faculty where members spoke on their vocational or avocational ,real of expertise F (Roach 1983). + Bryan was instrumental in establishing the Omega chapter of Zeta Phi rta, a wesen's speech fraternity, on the TWU campus, and was made an honorary member of the society as a result (Anonymous 1964, Roach 1983), Clara Bryan served as a sponsor of the Omega chapter for 16 years. Mrs. Bryan is remembered fondly for her gracious entertaining and her interest in students, In addition to after-theatre coffees and parties and faculty entertaining, Mrs, Bryan spent "many hours listening to ,,.tudents practice their speeches, which were assigned by Mn Bryan, in their living room" (Anonymous 1964). Bryan was known for his innovative approaches in the speech field, and used his position to encourage others to pursue their ideas. Under his direction, the first courses in speech therapy in Texas were introduced at TWU in the summer of 1953, and for many years the school was a leader in clinical speech and hearing therapy (Anonymous n.d.,.Roach 1983). In the 19401s5 the department produced the "Texas School of the Air," a 30-minute weekly educational radio program (Raoch 1983), -19- Y By 19530 the department was running programs daily over WCST (Anon- ymous n.d,), According to Mr, Roach, the TWU speech department produced some of the earliest educational television in the state, For three years, Roach assisted in producing 13 programs a semester for KRLD. These programs were initially structured around non-scripted interviews with interesting coversationalists in various fields, and were evenutally expanded to Include music and children's -,programming, Dart. Bryan retired on June 1, 1963, Upon his retitement, an Ear!. C, Bryan Fine Arts Award was established in honor of ehe "deep interest and encouragement given to all cultural activities on campus by Mr, Bryan" (Anonymous 1963a). The Br, ins used their retirement to travel throughout the southeastern and southwestern United States, and travelled to Mexico. They summered at their college in Colorado (Roach 1983). Clara Bryan died in 1979 (R.L. Polk 6 Co, 1979,1980), The Bryans had only one child, who died in infancy, They left their mark on the community, however, and their legacy of devotion to education lives on, in the cherished memories of their former students and colleagues. -20- BIBLIOGRAPHY Abstract, Lots 1-2, Block 2, Woodland Addition. Filed in the Personal Papers of Douglas Ebersole, Denton, Texas. Anonymous n.d. "Elocution-Physical Culture" was Speech department Forerunner, Newspaper clipping, no date, In Bryan, Earl C. Speech. Vertical File, University Archives, Texas WornW s University Library, Denton, Texas. 1963a Material for news release on the Earl C. Bryan Fine Arts award. November 7, 1963. In Bryan, Earl C. Speech. Vertical File, University Archives, Texas Women's University Library, Denton, Texas. 1963b Press release. In Bryan, Earl C. Speech. Vertical File, University Archives, Texas Women's University Library, Denton, Texas. 1964 In the Zeta spotlight. Clara Bryan; Omega; Inspiration to a chapter. The Cameo of Zeta Phi Alpha 32(2)16. Bridges, C. A. 1979 History of Denton, Texas, from its beginning to 1960. Texian Press, Waco, Texas. Bryan, Earl C. n.d. Questionaire, TSCW News Bureau. In Bryan, Earl C, Speech. Vertical File, University Arohives, Texas Women's University Library, Denton, Texas. 1959 Questionaire, TSCW News Bureau. In Bryan, Earl. C. Speech. Vertical File, Univers? y Archives, Texas Women's University Library, Denton, Texas. Deed Records, Denton County. Office of the County Clerk, Carroll Courts Building, Denton, Texas. Polk, R. L., d Co. 1979 Polk's Denton (Denton County, Texas) city directory. R. L. Polk b Co., Publishers, Dallas. 1980 Polk's Denton (Denton County, Texas) city directory. R. L. Polk 6 Co., Publishers, Dallas. •~21~ ;each, Josh 1983 Interview with LeAnne Baird at his home in Denton, Texas, September 8, 1983. Pon-and-paper interview notes in the research files of LeAnne Baird, Dallas, Texas. Tax Assessment Cards, 1938. Record group "Abstract Number 185," Denton County Historical Commission Archives, Historical Museum, Courthouse-on-the-Square, Denton, Texas, Sanborn Map Company 1926 Denton, Denton County, Texas, October 19264 page 15, Sanborn Map Company, New York. (Shows west end of Grove Streit, but not east and of block, where Harper-Bryan house is located). Tax'Rocords, Denton County, 1922-1940, Original bound volumes, Denton County Historical Commission Archives, Historical Museum, Courthouse -on -the -Square, Denton, Texas, Wright, Gwendolyn 1981 Building the dreamt A social history of housing in America, pantheon Books, New York -22- APPENDIX A. Ni;;toric Landmark Zoning Petition -23- PROPERTY OWNER REPLY FMIS CITY COUNCIL H-31 IN FAVOR IN OPPOSITION UNDECIDED Martha Irwin Texas Woman's University 613 Gxove by John Lawhon Denton, Texas General Counsel P. 0, Box 23025 Kennedy Evans TWU Station 619 East College Denton, Texas 76204 Denton, Texas Robert L. Castleberry 627 Grove Denton, Texas i h ~I ~ e ~,o~ •15~,~v~ a 4. G I f A F- ~ r'~ I~. 'I ' ~ I ~ i G ~)p • n I w 1 6 n . \J--Z v~ s. ' f . V I n, I I t r ~ 1 I --lix c) HI.C Minutes October 10, 1983 Page 6 C, H-31, This is the petition of Douglas and Lynn Ebersole Mnesting historic landmark (H) designation at Grove Street. (UNAPPROVED) Lynn Ebersole, petitioner, stated they recently pur- chased the house, that the neighborhood is located just behind TWU; it is a neighborhood of small bungalows and cottage type homes. She said they were intrigued byy the neigghborhood and felt there was justification for his- torical zoning, She continued that the house was built in 1925 or 1926, that the only changes made to it were in 1963 when a room was added which is not visible from the street and when the front porch was apparently par- tially enclosed, She said the changes have not altered the period style of the house, it still looks like a 1920 s bungalow, They have found canvass covering simple boards with wallpaper over that, paneling was added in the 60s. The kitchen is intact but some bath- room fixtures have been changed. She said that Dr. Bryan was chairman of the speech department at TWU when he oc- cupied the house; they,had found old books and papers on the premises. He was also very involved in activities of the community. She continued it is their feeling that Denton needs to preserve some of these types of houses, they also feel the neighborhood deserves preser- vation, She said this house is of like style to one 4 that was recently designated. No one appeared in opposition to the request. Mr. Miller asked about the original porch and Ms. Ebersole said that apparently a closet was added to the bedroom, taking in part of the porch, as orig- inal shingles were found on interior of closet. Mr. Kingabuvy asked about the gardens in back, questioning whether they added to the historical significance. Ms. Ebersole responded that a brick walk from the house to the rear is still in existence; they have uncovered some flowers and shrubs but don't know exactly what is there. She said the neighbors have said Dr Bryan was an avid gardener and the gardens were beautiful in the spring. Mr. Boyd said it was his understanding that Commission is not limited to structures; that gardens could pos- sibly be done individually. HLC Minutes October 10, 1983 Page 7 Mr. Miller com limented the research on the property. He said that i is great to recognize houses of this type if they are actual conveyors of that period; that one of the aspects of that period was a porch which was an outdoor living area. He said such a porch was impor- tant to the streetsoape and to reduce the porch to a 2 foot projection has altered the exterior and he doesn't see how it can be an historical landmark because that which made it valuable is no longer there. He said it was a nice remodeling job but he thinks non-remodeled structures should be rewarded. He said the only thing he would consider historical would be the connection with Dr, Bryan who had influence over TWU students, Mr, Lowry said he had some reservations about the remodeling but felt the same basic character of the house had been preserved. He said he didn't find the remodeling disabling and feels Commission needs to zone these modest, unassuming houses. He referred to houses on Oak Street that had been remodeled. Mr, Miller said he didn't feel the remodeling on Oak Street had affected the streetsoape, He referred to another house in this particular neighborhood,. on College Street, which better reflects that period. He said a 1925 house with a 2 foot porch would not be conceivable. Mr. Boyd agreed that a porch was very important during that period and was fairly important now. He said there were other aspects, including the grounds; that the rest of the house was not inappropriate, He said he would like to suggest that the porch be redone as it was orig- inally but didn't feel that was an economic requirement. He said he was inclined to think that one of the things the Commission is trying to do is encourage designation of houses of that age and, even though this is not as historically accurate as Commission would like, he would like to accept it. Mr. Miller agreed that people should be encouraged to maintain their property but neighborhood preservation is not the same thing as historic landmark. He noted that Historic Landmark Commission had been commissioned by the city to recognize what is historically valid. He said he felt it was up to the Commission to establish standard that people could come to recognize. f 1 . ' HLC Minutes October 10, 1983 Page 8 Mr. Lowry said he would be less happy if the changes had taken place since on ination of this commission. He suggested that criteria be checked for historical merit. 1. Character, interest or value as part of the develop- ment, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. Not accepted, (Commissioners Boyd, Hardin Kingsbury) Lowry and Matthews voted to accept criteria; Commissioners Lawrence, Marino, Miller and Wheeler voted not to accept criteria) 2. Recognition as a recorded Texas historic landmark, a national landmark, or entered into the National Register of Historic Places. Not accepted, (Unanimous) 3. Embodiment of distinguishing characteristics of an architectural type or specimen. Accepted. (Commissi.loers Lawrence, Miller and Wheeler voted no) 4. Identification as the work of an architect or master builder whose individual work has influenced the de- velopment of the city, Not accepted. (Unanimous) 5. Embodiment of elements of architectural design, detail materials or craftsmanship which represent a significant architectural innovation. Not accepted, (Unanimous) 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif, Accepted. (Unanimous) 7, Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. Accepted, (Commissioners Lawrence and Miller voted no) 1 1 HLC Minutes October 10, 1983 Page 9 8, Archaeological value in that it has produced or can be expected to prod uoe data affecting theories of historic or pr ehistoric interest. Accepted (Commissioners Hardin, Lowry and Wheeler voted no) 9, Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States, Accepted, (Commissioners Lawrence and Miller voted no) 10. Location as the site of a significant historic event. Not accepted. (Unanimous) 11. Identification with a person or persons who signifi- cantly contributed to the culture and development of the city, state or United States, Accepted, (Unanimous) 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city, Accepted. (Mr, Miller abstained) 13. Value as an aspect of community sentiment or public pride, Accepted, (Commissioners Lawrence and Miller voted no) Mr. Lowry moved to accept H-31 on the basis that the proposal satisfies eight of the thirteen criteria. Seconded by Mr, Kingsbury. On individual poll, Commissioners Boyd, Hardin, Kingsbury Lowry, Marino, Matthews and Wheeler voted aye, Commissioners Lawrence and Miller voted no. Motion carried, (7-2) NO. AN ORDINANCE DESIONATINO 600 OROVE STREET, LOT 1, BLOCK 20 OF THE WOODLAND ADDITION IN THE CITY OF D£NTON, DENTON COUNTY, TEXAS AS A HISTORIC LANDMARK UNDER ORDINANCE NO, 80.30 (ARTICLE 28A OF THE COMPREHENSIVE ZONING ORDINANC9)1 AND PROVIDINO AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DE'JTON, TEXAS, HEREBY ORDAINSi SECTION It The below described property shall be olaesified as historical zonings Lot 1, Hlook 2, Woodland Addition„ City of Denton. is hereby designated as a historic landmark under Ordinance NO, 80.30, Article 28A of the comprehensive Zoning Ordinance of the City of Denton, Texas, SECTION II. The historic landmark designation shall be indicated upon the zoninq map of the City of Denton by the letter "H", and the property herein described shall be subjeot to all the terms, provisions and requirements of Ordinance No. 80-J0, Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Taxes. e SECTION 1114 This ordinance shell become effective from and after its oat* of passage, PASSED AND APPROVED this the ` day of , 1983. 1 RICHTIM . STEWART, MAYON CITY OF DENTON, TEXAS ATTESTi WRLOTTE ALLEN, CITY SL'CRE7 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM, ' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS r• BYt r Y6Z Minutes October 26, 1983 Page 3 The Arts Council intaltds to convert the building into an Arts Complex. The building's are located exactly in the center of the city and the Arts Council views these buildings as an anchor for the east part of Denton for future preservation of the area. Mr. Claiborne questioned how much of the exterior would be changed. Mr.. Morr.isson stated that very little change and only changes that are absolutely necessary would be made, basically for, purposes of weather conditioning. No one spoke in opposition. Ms. Spivey stated the Denton Sesquicentennial Committee has adopted this project as its main project. She stated the Historic Landmark Commission recommended approval. by a vote of 9-0 at their meeting of October 10, 1983, they felt it does meet the criteria for' historic designation. Chairman declared the public hearing closed.. Mr.. Escue made a motion to recommend approval of H-29. Ms. Cole seconded the motion, unanimously carried 4-0. No one spoke in opposition. Ms. Spivey stated the Historic Landmark Commission recommended approval of H-30 at r'-ir meetingg of October 10, 1983 as it meets the criteria nor historical designation. Mr. Escue made a motion to recommend approval of H-30, seconded by Mr. Claiborne and unanimously carried 4-0. Mr. LaForte commented he would like to congratulate the Art's Council for their hard work on the project. Mr. Juren returned to his seat. C.~ H-31. This is the petition of Douglas and Lynn Ebersole UNA1~1'TtOVED reqquesting historic landmark (H) zoning designation at ) 63U Grove Street. The property is more particularly described as lot 1, block 2, of the Woodland Addition. 1 1 P&Z Minutes October 26, 1983 , Page G Ms. Spivey explained the existing zoning to be a multi-family 1 (t-IF-1) classification and the historical designation would not change the zoning. Twelve (12) notices were mailed to roperty owners within 200 feet of the property, six (6~ reply forms were returned in favor and one (1) returned in opposition. Lynn Ebersole, owner of the property) presented LeAnne Baird (Independent Researcher) who explained the home wan built in 1925 and continued with a brief history of the home and its design and construction. She said she feels that there should be more historic designations in the area of Texas Woman's University, apartments in the neighborhood are numerous and she would like to see the area preserved. Mr, LaForte commented he is not sure why this house being much like maybe a hundred other houses.should be designated as historical. Mr. Claiborne questioned what if Texas Woman's Univer- sity wanted to take in the property by condemnation. Ms. Spivey explained that state eminent domain proceeds historical landmark designations. No one spoke in opposition. Ms. Spivey stated the Historic Landmark Commission is presently working on a plan to determine what would designate a property for historic designation. The Historic Landmark Commission does feel like the home meets the criteria for historical designation and recommended approval by a vote of 9-0 at their meeting of October 10, 1983. Ms. Baird clarified that the historical designation is for lot 1 only. Ms. Spivey confirmed that as correct, the house and lot 1 only, not the unimproved lot. Chairman declared the public hearing closed. Mr. Juren made a motion to recommend approval of H-31, seconded by Mr. Escue. Motion carried 5-0. a f PLANNING AND 'LONIWO COMMISSION Recommendation to the City Council Toi City Council Case No. 5-175 Meeting Date: November 15, 1983 GENERAL INFORMATION Applicant Mr.. Richard B. Cushman P.O. Box 50103 Denton, Texas 76201 Status of Applicant; Owner; Requested Action: Approval of a specific use permit for an individual mobile home in a commercial (C) zoning district. Location and Size; Approximately one (1) acre located along the north side of Spencer Road, approximately 404 feet west of Loop 288. Existing Land Use: Recreational vehicle used for n single family residence. Storage and sale of portable signs. Surrounding Land Use and Zoning: North - Vacant; commercial (C) South - Vacant single family house; agricultural (A) East - Vacant; commercial (C) West - Mobile home, American Legion Hall; S-8 Denton Development Guide: Area is designated as high ineensity (S-175) Page 2 SPECIAL INFORMATION Public Facilities: City ok Denton water and sewer service are not available, The water and sewe. department has reported that a water line will be accessible in approximate ly three years. Well and sep tic tank systems presently exist at the site and the city water and sewer depart- ment has tentatively agreed to permit temporary use of the existing utility systems if the County Health Depart- ment approval is also granted. In addition to temporary acceptance of existing utility system the owners must agree to utilize and pay their normal pro-rata share for future public water and sewer lines before plat approval will be recommended. Transportation: Spencer Road is designated a collector. ANALYSIS The requested specific use permit is intended to accommodate an interim use of a mobile home for, a single family residence. A permanent home is to be constructed contingent upon the estab- lishment of a commercial use on the adIacent property (also belonging to the petitioner). The app icant was issued a construction office permit and that permit will expire on the 1st of December. Currently the petitioner is residing on the property in a recreation vehicle. After being advised that residence in a recreational vehicle is illegal the petitioner applied for a specific use permit to locate a mobile home on the lot. As a result of this action platting was required. There are some water and sewer questions with tha property but these will be addressed during the plattin stage. The rec- ommended condition of city plat approval will ensure that these questions are resolved before a permit is issued. . (5175) Page 3 , RECOMMENDATION The Planning and Zoning Commission recommends approval of S-175 by a vote of 4-1 subject to the following conditions; 1) The lot must have city plat approval. 2) Only one mobile home shall be on the lot, 3) The specific use permit shall expire in three years, ALTERNATIVES 1. Approve petition with conditions. 2. Approve petition without conditions, 30 Approve petition with additional conditions. 4. Deny petition. ATTACHMENTS 1. Aerial 2, Concept Plan 3. Reply forms total 4. Property owner list 5. Minutes of Planning and Zoning Commission meeting of October 26, 1983 I v , t i. h 1 Lip I 1. 'l .I S ~'1 Y b 1 II . .i., . ~ I ~ IBS i p.iy f! i I Y y~J irv r' I E : fS " Y ; r Y v. 1' r I r ~ t t71~L'4 i; 1 ~ rIS9~ ~+~y¢} Y ~Y i r r 4 IJ OF p I ~ , t t F ; 1 Oi r l'~. r ,i'~t r ~rY• vtt «I pA r r n It R 4; ~.,i~•'~r tYl~.,~ N, i I> 'rJ ~ tV. r U ~ a t . Il( ~ l ~ ti ~rh ~ Ir I ~ ~ rS~ Soh qty' 1 i Fl')~~t 'r'Y,~ I~t~i !pv ) i. t~ )S 1 i. 1 ' 1' • 888vvv ~ ~ 1 I v i. i I / ~ i t ~ rf • M 1 a PM1 j MOBILE HOME SITE 1 1 I ~ I.00 Acre ~ 1 , v r N ~4IC NARO I 4V $A 4Aif 1 .0 W 1 N z M 9't 011 00'• n -1v 6' R _ ROAD i r pow Sue a° PROPERTY OWNER REPLY FORMS CITY COUNCIL S-175 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received marl ~k 75~ 71 -7:~ , S/6 I -s 2~1 c{`G 4~1 V 'G , rx Lee F.f 4' }e. r S~ 11,11e•r, , ~ e. 4\ ow \ \ c,c, ~ 3r \ i ow~-r ' ! or' n ly,)! h ')Li P&4 Minutes 4 October 26, 1983 Page 5 D. 1S•175. This is the petition of Richard S. Cushman're- quesMig a specific use permit to locate an individual (UNAPPROVED) mobile home in a commercial (C) zoning district. The property totals approximately one acre in size and is located along the north side of Spencer Road, approxi- mately 404 feet west of Loop 288. Elizabeth Evans explained this is a request for an individual mobile home to be placed on th subject property. Notices were mailed to five (5~ property owners within 200 feet of the subject property, one (1) reply form was received in favor and one (1) reply form received in opposition. Ms. Cushman explained this property to be a part of an eight (8) acre tract and that there are future plans to construct a roller skating rink. The one (1) acre has been surveyed out of the eight (8) acre tract in order to get a specific use permit to set a temporary m9bile home until the roller rink and their new home is constructed, then the mobile home will be removed. No one spoke in opposition. Ms. Evans stated that the property presently has on it a recreational vehicle in which the Cushmans are living. The property is designated as a high intensity area by the Denton evelopment Guide. Staff recommends approval with the following conditions; 1) The lot must have city plat approval. 2) Only one mobile home shall be on the lot. 3) The specific use permit shall expire in three years. Chair declared the public hearing closed. Ms. Cole made a motion to recommend approval subject to the following conditions: 1) The lot must have city plat approval. 2) Only one mobile home shall be on the lot. 3) The specific use permit shall expire in three years. Seconded by Mr. Escue. Vote was called: Aye - 4, Nay 1 (Duren). Motion carried. NO. AN ORDINANCE QRANTINU A SPECIFIC USE PERMIT AND AMENDING THE ZONING MAP Or THE CITY OF ODNTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF OENTON, TEXAS, BY ORDINANCE NO, 69.1, AND AS SAID MAP APPLIES TO APPROXIMATELY ONE ACRE IN SIZE BEING LOCATED ALONG THE NORTH SIDE OF SPENCER kOAD, APPROXIMATELY 404 FEET WEST OF LOOP 288, AS SHOWN ON THE TAX RECORDS OF THE CITY OF DENTON, TEXA$ I AND DI:CLARINO AN EFFECTIVE DATZ, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSi SECTION I. The Zoning Classification and Use designation of the following described property, to-wits WHEREAS, WE, Richaro R, Cushman st ux, Carolyn S. Cuenman, are the owners of a 1.00 acre tract in the Mary Austin Survey, Abstract 4, City and County of Denton, Texas, being part of a certain (called) 8,00 acre tract in the M. Austin Survey as described in a deed recorded in Volume 1280, page 650, sated June 23, 1983, Deed Records of said County ano being more fully described as followai COMMENCING at a point in the North right-of-way of Spencer Road, Same being the Southwest corner of a 20,130 acre tract described in a deed from W. V. Tunnlaliff, Trustee, to Denton County Electric Coop., Ino., on August IS, 197), recorded in Volume 682, Page 615, Deed Records of Denton County, Texas) 4 THENCE S. 86058140" E, with the North right-of-way of Spencer Road a distance of $0.17 feet to a steel pin at the place of beginning THENCE N. 1015110" W. a distance of 436.81 feet to a steel piny THENCE S. 86054140"E. a distance of 100,00 feet to a Steel pinj THENCE S. 1115110" E. a distance of 436.61 feet to a steel pin in the North boundary line of spencer Roadl THENCE N. 86058140" W, with the North line of Spencer Road a distance of 100.0 feet to the place of beginning and containing in all 1,000 acre of land. which is classified as a Commercial District Classification Use under the Comprehensive Zoning 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 mobile home, subject to the following special conditions and restrictions, to-witj 1. The lot must have city plat approval, 2. Only one mobile home shall be on the lot, 3. The specific use permit shall expire in three years. in addition to all uses authorized in a Commerical District. The development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes, 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 Ordinance No, 69.1, be, and the same is hereby amended to show such change in District Classification and Use. PAGE ONE 1 . SECTION IT. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a oomprehensivo plan for the purpose*( promoting the general welfare of the City of Denton, Texas, and with reasonable oonsideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to oonserving 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 oitlaene. SECTION 111. That this ordinance shall be in full force and effeot 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, ToXe,s, after giving due notice thereof. PASSED AND APPROVED this the _ day of 1gg3, CITY OF DENTON, TEXAS ATTEM CMTTE ALLEN, "cam CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORat, C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 6Y, Y PAGE TWO " g'rjp/. 10 1 1 ~1 O6 h 111`I r, It I MOBILU Homy BITE 1.00 Acr . J f ~ r ~ 11 w 6y y! ff 1 O (r / N 1 MCkAlf9 A, CVSM YA N, 111 ' V I I 1 J I 1 k L eob 1 l z VY I X11. ~~,i~~ j`~r~•~ fr'a4IiM~'r'r~ieU~ I \ SPENCER ROAD d 9. ~a Siu ~ v a t ,1MTY HAP e' .er -r Icau PLANNING AND tiONING COWIISS10N Recommendation to the City Council To: City Council Case No. G-7,614 Meeting} Date, November 15, 1983 GENERAL INFORMATION 7-- - Applicant, Toot D. .fester,, Jr. P,O. Box 280 Denton, Texas 76201 Status of Applicant; Owner Requested Action; Change in zoning from singgle family (SF-7) to light industrial (Li Purpose, Applicant has indicated construction of mini-warehouses. Location; 316 Frame Street Size; There aro two (2) lots-each 50' x 300' for a total of 30,000 square feet, Surrounding Land Use and Zoning; North - Single family residential; SF- South - Single family residential; SF- East. - Vacant; SF-7 West: - Vacant; Lx Denton Development Guide, Area is designated as low intensity. (z-161~+> Pago 2 SPECIAL INN'OMATION Physical Character,isti,css A single family residence currently exists at this site, The property slopes upward towards the east and vegetation consists of trees and grass, There is a drainage ohannel located approximately 160 feet to the south of this property. Public Facilitiest Water and sewer is available and adequate, Transportations Frame Street is a residential street which connects with McKinneyy Street (a secondary arterial) to the south, To the north, Frame Street intersects several residential streets, ANALYSIS The site in this request is located in a low intensity area in east Denton. The Development Guide (Pg. 55) discusses specific ~olicies for east Denton which include "(1) the policy to pro- act older neighborhoods is to be given special emphasis in this area and; (2) industrial development adjacent to the south and east is to be monitored closely. Among other things, industrial development will be limited to the area east of Woodrow Lane," This request for light industrial zonin would violate both of these policies. Although some diversified land use is encouraged in low intensity areas small scattered sites of apartments, neighborhood commercial., light industrial and other high inten- sity development should not be permitted in a low intensity development unless the following conditions are mett 1) Strict site plan control within one block of existing low density residential areas. The development should maintain the character of the area in terms of architectural design, landscaping, etc. Since this is not a request for planned development (PD) zoning, strict site plan control cannot be guaranteed. The petitioner has indicated that if this request is approved, he plans to construct mini-warehouses on this site but light industrial zoning would allow a wide range of uses including apartments, offices, or other high intensity development that would also not maintain the character of the area. (Z;1614) 1 Nae 3 , ANALYSIS (Continued) 2) Traffic planning insures aocess by collector street or larger and not through local low density streets, There 1.8 access to Frame Street on the south from McKinney In secondary arlo rlo l), Access to Frame Street from the north is through residential streets, 3) The overall density/intensity standard should not be violated. Again, light industrial zoning allows a variety of high intensity uses and there is no guarantee that Intensityy/ density standards would not be violated, Also since tha property to tho west of this site is vacant and already zoned light industrial, high intensity development is already permissible and more light industrial zoning would cause too much concentration in one area. The property already zoned for light industrial should be developed first in order to determine what effect it will have on this neigh- borhood's density and traffic. 4) Sufficient green space, recreational facilities and diversity of parks are provided. 5) Input into planning by neighborhood or village councils is provided. No input would be required if light industrial zoning is approved. The basic objective of all of the conditions as stipulated by the Development Guide (Pg. 24) is the protection of existing residential development, especially the older residences which remain in this area, There is also evidence that property owners in this area gre rehabilitating many of the single family residences. Staff does not feel that this goal can be achieved if light industrial land uses are developed at this site. RECOMMENDATION The Planning and Zoning Commission recommends denial of Z-1614 by a vote of 5-2. r ~b~IT) ago ALURNATIVES 1. Approve petttton, 2. Deny petition. ATTACHMENT 1. Aerial 2. Reply forms total 3. Property owners list 4. Minutes of Plannin and Zoning Commission of October 12, 1983 T' & N14 it ~ I U 'i,'~.M1 ~~~y. rw, _ 1 ~ C ~ ',~jjt( 1 a+' I 1 ~ • ~ a p ."^"~,r~~aj~l .~w ~ •l~-.,....1 ~_+.,i I Jol... 1 t• ~ A ti~ r 1 i 1 r7 nr Y II~rS r.'r lv.i . b n 1 . 14 W y ,l,Y r ~•F 9 u ki ~oo if 21~i~ / .f (~r• 1~i :ice, ~'1'~,.1 .I AY + y ,Y 1 }'r~ s 1 Oka 'o' i r,+ ~ ~ S1 ~~,I( M1'~t,~ rf il~~ r. , •44'S'R! ~ w:el vr~•, o4 ~ ~ ,yam ~ lip ~Ix 1 i 1' ■M~~ l~r ~ 1~~ l q~~J~~ f' ~~rrtlN~ t 1 Ir r 1~ ~ ~•~.~r~~.: t err y,l~}. ° ~ ,V~'~ I 1 +~~i 1~~~~~~~•~~r ~ a I~~~a_ /l ~ I Ns1 t: ~ e Rni 1 !f 1111 I;.IV,. ~i it lr I t f lf,~ '11 1 .,w, (.y~ 1 /Ww ♦ Il } [~[y 4 VOl\O A7 A7 1 II •i ! k i, f1 l arul tt~: ~4 rl~ 41 •fll s rte .1~"1 ' r,~ tl ISt 1 lye r ~ i. ,tP. l ~1 •i h wp SN npl Vf I r 7 •l',Ik' IC_S ~ o Opt A eI , 1 )r . t f ~Vd, i' .~y,~~r~_ y ( } , by 7. ,r 'i r qn ~ i ~ ,yi ..v r tU~ANp ~ ~ ~ ~ , y"k ilk 7 t~ ~ t R r NA pv(~,y ' i 1 ~t 11''~ ff ~ J,. i ' t + ;Ati+"tr 1 41}!y ,lu, `It'~'~ Al Itl • 1 ~ ~Zo- I $14 3 4 ~ 14A Al' r YA:Ai o. a~ I i3 '~w,i+u 1 tiG ~~Gtrl' f, A! Io McKINM'' ST 'rh tr' 4 ~yR!'> ~t I~„Ij Oki tiF V ~~y,y~~" S leaf r .q h t 1, ~r I ri I lo, or lift `i~4f (A 1. 'Of /p""'0; 1 1~~ I~,•~~~ ~ {UIE 4 o l; w r~'l4'# ti^o,'$1{ • 1, } 11 F S pi 6gg6`~, PPP f '1 pt p~ I or- l4q ~ 1 d.'~ s ~ 710. , ~ r 7 vy -r7 ~ lei W ~lli ql i ~1 ~ ~~q!. ` '~i~ ~~.N~~Y^`~M~r~7°~i' ..~~1 '1• yiq r~~ 1 ~~i^ 1 $ t, ~~S S ~1 ;i~~Y. I. ~ ~ . ;h~~ ~~~r4 ~~6~I~I~, i,",il ~~~e•.l ..r„'~a~ . r1 ~ PROPPfiT1' Pti•7i~'~R P~PI.l' FOk':S GIT7' GOUI~CX1~ ~ z~161.G 4 Its FAVOR IN OPPOSITION UNDECIDED None Received None Received JJ~ ✓ r Ls x r_ boo~ _ .1 tc 03_ _ I'll c. r rye e , f✓ I~ t" J 1 Le pa u vv, r l I r 1 !'ri f) el r{o)') '7 6 aO n4 C u 1 I L J 1 1 w rkn a3 l K e Ke vN( ,A SOL t ~3 ~ ~7 ~ X11 ~ r r I'1 ~ S ~ I ,L S G i 1tiQ a 5D "a u ~ ~ n n, ~ I 1 e~ i~ Se a c l P&z bfinutos ~ , October 12, 1983 Page 5 B. "g-1614, This is the petition of Tom D, Jester, Jr,' requesting a change in zoning f.com single family (SF-7) to the light industrial (LI) classification at 316 Frame Street. The property is located on the east side of Frame Street approximately 250 feet north of. Last McKinney Street. Mr.. Watkins explained the existing zoning is SF-7 and petitioner is requesting light industry (LI) zoning which would allow a wide variety of land uses. Fourteen (14) notices were mailed out, zero (0) reply forms were returned, Tom Jester, owner and petitioner, stated the purpose of the zoning change is for construction of mini-warehouses, only, being block construction with metal doors and an attractive design, also there is other commercial in the .area. Mr. Sidor asked Mr. Jester if he objected to a planned development (PD) zoning, he feels with open light industrial (LI) zoning there is the possibility if plans changed and mini-warehouses were not built on this lot a new purchaser would have an open zoning for almost anything. Mr, Jester feels like a planned development (PD) zoning would be more costly to develop and suggested to the commissioners that they approve his request with the recommendation that if mini-warehouses are not construct- ed in a limited time period that the zoning change back to its present zoning. No one spoke in opposition, Mr. Watkins stated there is no good reason to zone to light industry (LI) zoning, there is single family housing in the area, there is other light industrial zoning in the area on vacant land, this proposal goes against the development guide in that older housing areas are to be protected, the guide designates this area as a low intensity area. Federal grant money has been put into the area for rehabilitation and the area has been improved. Staff strongly recommends denial. Mr. Jester said he is aware of other light industrial zoning to the west, however, he presently owns this property and wants to develop it. Mr. LaForte commented he does not have much optimism for the housing in the area and is not sure why he should restrict Mr. Jester from developing his property. A&'b Mi~uCes October 12, 1983 Page 6 Mr., Pearson stated he thinks a planned development should be an important consideration, Mr,. Sidor, commented he is concerned that if approved it would be opening the whole area to commercial devel- opment and it is a residential area of low intensity and would be opposed to the rezoning, Mr.. Fscue made a motion to deny Z-1614, Mr, Claiborne seconded. Vote was called Aye - 5 LaFoxte) Motion carried 5.2, Nay - 2 (Juren and r lilt .Considerations A. Approval of the proposed annexation of approximately 35.66 acres of Land located along the soutY~ side of Hickory Creek Road and Idest of F.M. 2181. Z-1609). Mr. Watkins displayed a map showing area to be annexed outlining area to the commission and public. He stated this is 17.5 acres, with preliminary approval-by planning and Zoning Commission and City Council, the developer is proposing 32 lots, septic systems and wall water will serve the subdivision, streets will be built to county standards, if annexed into city internal streets would be required to be built to city standards, Mr. Sidor questioned if sewer lines are in the area does the developer, have to tie onto them. Mr. Fisher said at this time there are no sewer lines they would have to be constructed to the property. Mr, Watkins explained if the development is within 200 feet-of the line the developer would have to extend and tie on. Mr. Claiborne asked how far away is the line? Mr. Fisher stated 1000 feet. Mr. Watkins stated the Development Review Committee recommends,approval of Z-1609. Mr. Sidor made a motion to recommend approval of Z-1609, seconded by Mr. Juren. Vote called Aye - 6 Nay - 1 (Fscue) Motion carried 6-1, PLANNING AND ZONING COMMISSION Recommendation to the City Council To, City council case No, Z-1615 Meeting Date1 November 15, 1983 GENERAL INFORMATION Applicants Tom Fouts 700 Dallas Drive Denton, Texas 76205 Status of Applicant: Owner Requested Actions Change in zoning from agricultural (A) to the commercial (C) classification Purpose: 4 . . . . . . . 6 , . . . . , Location and Size: 6.769 acres located approximately 800 feet west of Teasle Lane on the south side of the 1-35 ,ast service road between Teasley Lane and Sam Bass Road. Existing Lan+d Usef Vacant Surrounding Land Use and Zoning: North - 1-35; Commercial (C) South - Multi-family, single family, vacant proposed apartments; light industrial (LI), multi-family'(MF.1) East - Vacant, Shell Station; general retail (GR), agricultural (A) West - Mobile Home sales, vacant multi-family; commercial (C), light industrial (LI) Denton Development Guide: Area is designated as moderate intensity. (G4b15) Page 2 ANALYSIS This property is located in a moderate intensity area. With exception of a small area of agricultural property, land Our- roundin this site is zoned to accommodate light industrial, commercial, general retail and multi-family uses, Existing major street access is available in the form of the 1-35 service road which abuts the sub eot tract to the north. The petitioner has also expressed a des re to extend Jayson Drive (north-south collector begiuuing at Londonderry Lane) for ultimate connection with the 1.35 service road in conjunction with development of the tract in question. Additional commercial (C) zoning in this moderate intensity area would be consistent with exis►jm& zoning. Planned development (PD) zoning is not being requested, therefore, it is not possible to review speotfic development p lane, When originally considered, the advantages of planned develop went (PD) zoning in this ease appeared to be limited tot 1) site plan control in so far as aesthetics are concerned and 2) provisions for buffering or well planned land use transitions between the residential property to the south and the proposed commercial property in question. However, after hearing the petitioner's purported plans for the property, staff and the Planning and zoning Commission had questions with regard to private driveways, internal circulation and access in general. Also, much of the existing light industrial and commercial property in the area is bein sold for apartment development; there is a concern that mult~-family concentration in this area may exceed levels recommended in the Development Guide, Control of access and public facilities in general can be addressed to a certain extent during the platting stage, however, s eeific site plans and greater control of land use can only be achieved through planned development (PD) zoning. commercial (C) zoning permits a myriad of land uses. Low density to high density residential, retail, mini-warehouses, commercial billboards, offices, heavy machinery sales and storage, and mobile home sales are some examples. 1 , ~z-1615) age 3 RECOMMENDATION Unrestricted commercial (C) zoning at this location obviously increases the opportunity for various unattractive high inton- sity uses at an aesthetically sensitive location, There were access and circulation questions raised during the Planning and Zoning Commission public hearing; however,, the Planning and Zoning Commission recommends approval of Z-1615 by a vote of 5-06 ALTERNATIVES 1. Approve petition, 2. Deny petition and recommend planned development (PD) zoning. 3, Deny petition. ATTACHMENT 1. Aerial 2 . Reply form total 3. Property owner list 44 Planning and Zonin Commission minutes of October 26, 19$3 i 4 i 1 l 1 I , y4y~ll v 1! I' , . ~ lr r l a .i 1 ,11 i r 1 i' 11 •L.o , Ir I'r~ 1 ra rO ,`rte 5 lteai, 41, n.ti r I i VAAK 'rS •r f 1 41 44 iF. r V~1 rr 4F Fr ir. Ii nr r v n I~. frh ~ ry ~Jlr~ r ~ ~ r ~ rrf~i r ~ ~Il~. ! 'r I I,r '1 f1 r w I r' 1 `F ~ t } ~(yk''1<IY u/r91 ~ ''}}I I'? ) 'v 1~~'~~~•Y2 ~ y~ ,,t1i1 .Pilo ry I n jr,.r I rT.l 4,1 5 r v q l l 1A 1 ,Y u A'9 r rol ~N JI \ I ,~r "I;~~~1~Fyi':v.~; ~1N I . 1,,5. ~ ~I s\.. yr 4 •1.. fit r 9~ Y FFOO', i'.low:r ~ a ~:~~ir rI y +i'T~w'~. Hsi yi~ 1- n,~ 1 d jaF1l+•.~~~'''r< j" 4 ! ti`s I'~ 1 r ' .61 4 44 1 ~J! t~ Fv I' ~ IqZF I~,•.: r ~ IF n FFF"' r 1' 1~ i n Jil:til ~ x. 1~I~T ~ A •i ~~~r. ` IrkW I ;F rL ~t ~ ~ li ,I) ~ • ~ IJ, ~ ~ pi rll'I". I r1 ~ il,^ r My,r A, ~Y ' LONDONDERRY LANE R^ „ PROP>~fiTY OWNER REPLY FORMS CITY COUNCIL 2-1615 IN FAVOR IN OPPOSITION UNDECIDED W. B. Rummell None Received Box 22658 TWU Denton, Texas Alexander M, ;'inlay, jr, 808 Live Oak Denton, Te\&s 1. ? I a I I r \ Z 11 1 A 441 ' All 11 ,aka :Zf i 16-4. Poe _17,( adee 61 -h Id --T e loi? I ~T.r &A It ii e) -2 2 4 Lw r4 7, el, r. 6't c. ~q ~ 9,~bGo I 2>dn A,,z S I,it 4en A'e„•~. + ~ult~~ P eQ by r6dild V /I Abe It 7 V II ' 8 1, 7 \ ff ~ve I , I ' j P&Z Minute's October 26, 1983 Page 6 . E, 'Z-1615. This is the petition of Tom Fouts requesting a change in zoning from a rtoultural (A) to commercial (0) on an approximately 6,769 acre tract in the A, Hill Survey, Abstract 623, The property is located approxi- mately 800 foot west of Teasley Lane on the south side (UNAPPROVED) of the 1.35 E service road between Teasley Lane and Sam Bass Road, Mr. Ellison explained eight (8) notices were mailed out 7.ero (0) rapl.y forms were returned. He stated there was a difference n the size of the acreage which is actually 6.769 acres, but the notices had indicated the size to be 4.7 acres. Mr. Fouts explained the location of the property, surrounding land uses and his proposal of development on the property with relationship to street access, He proposes the opening and extension of Jason Street to open onto the 3 Bast service road, which he feels would be a very good thoroughfare for area traffic, Claudia Brown (Southridge) stated she is opposed to the commercial (C) zoning classification because she feels it would cause additional traffic which she feels is already overloaded on Teasley Lane at this time. Mr, Ellison clarified the surrounding area land uses and stated the development guide designates the area as moderate intensity. He stated that this is a sensi ive area and commercial (C) zoning is a pretty open zoning which increases the opportunity for allowing uses such as mobile home sales or heavy equipment sales, however, approval would allow zoning that is consistent with the surrounding properties and staff recommends approval of z-1615. Mr. LaPorte commented maybe this would help the traffic situation in the area somewhat if Jason Street was improved. Koorosh Olyai stated there is no concept plan on this area so details have not been looked at with regard to the traffic, He continued explaining that the present traffic problems on Teasley Lane will not be improved until Teasley Lane is improved and would not be taken care of by streets such as Jason Street being improved. PU Minutes October 26, 1983 Page 7 Mr, Fouts stated that if the developer of the subject property extends Jason Street the tax payers are not paying for it, the developer Is and again he addressed the accesses to the suhject property explaining it would benefit the surrounding area also. Chair declared public hearing closed. Mr. Juren made a motion to recommend approval, seconded by Mr. Claiborne and unanimously carried 5-0. F. Approval of the final replat of lots 3, 4, 5, 6 and part of lot 2, Mercer Addition. Mr. Ellison stated the final replat meets requirements, there were no written protests received and staff recommends approval. ?,'one spoke in opposition. Chairman declared the public hearing closed. Mr. Escue made a motion to recommend approval of the final replat o£ lots 3, 4, 5, 6 and part of lot 2, Mercer Addition. Seconded by Ms. Cole, unanimously carried 5-0. G. Approval of the final replat of lot 2B, Denton Shopping Center Addition. Mr. Ellison stated the final replat meets requirements and staff recommends approval. No one spoke in opposition. Chairman declared public hearing closed. Ms. Cole made a motion to recommend approval, seconded by Mr. Escue, unanimously carried 5-0. H. Approval of the final replat of the Reding Addition. Mr. Ellison explained the location of the property, He stated no official re-subdivision has occurred due to city attorney's opinion to approve the plat as is since the land was divided at an earlier date. Staff recommends approval. No one spoke in opposition. N0, AN ORDINANCE AMENDING THE ZONINO MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69-1, AND A$ SAID MAP APPLIES TO AN APPROXIMATELY 6,769 ACRE TRACT IN THE A. HILL SURVEY, ABSTRACT 623 LOCATED APPROXIMATELY 800 FEET WEST OF TEASLEY LANE ON THE SOUTH SIDE OF THE I.35E SERVICE ROAD BETWEEN TEASLEY LAND AND SAM BASS ROAD) AND DECLARING AN EFFECTIVE DATE. THE COUNCII, OF THE CITY OF OCHTON, TEXAS, HEREBY ORDAINS) SECTION I, The Zoning Claasification and Use designation of the following deaaribeo property, to-wits aoate0 e,, All that certain lot, tract or parcel of land s ua in the A. Hill Survey, Abstract 623, City and County of Denton, Texas, being a part of A certain laailed) 10,709 acre tract deeded by Florence Marie Flanagan to Oary J, Rhyne on the 13th day of January, 1978, recorded in Volume 871, page 301, Deed Records of said County, and being more fully described as followal BEGINNING At the Southwest corner of said 10.706 acre tract at an iron pin at a fence corner) THENCE N. 87155130" W. a distance of 588,94 feet to an iron pin; THENCE N, 4130,62" E. a distance of 295,11 feet to an iron pin) THENCE S. 85039110" a distance of 27$.1 feet to in iron pin) THENCE N, 4420150" E. a distance of 267,95 feet to an iron pin on the South right-of-way of 1.351 THENCE S. 72.49130" E, with said right-of-way a distance of 26.1 feet to an Iron pins THENCE S. 78034120" E, with said right-of-way a distance of 100.53 feet to an iron pin) THENCE S. 72152' E, with said right-of-way a distance of 1,3 feet to an iron pin) THENCE S. 2°34134" W. a distance of 152.3 feet to an iron pins THENCE S. 73001130" E, t, distance of 172.7 feet to en iron pins THENCE S. 2008' W. a distance of 331.$ feet to the Point of Beginning, and containing 4.865 acres, Treet w All that certain tract or parcel 'of land lying and eing s tuated in the A. Hill Survey, Abetraot No, 623, Denton County, Texas, and being the same (called) 1,855 acre tract deeded by Elen T. Bateman to Leslie A. Traweek on June 10 1959, recorded in Volume 447, page 89, Deed Records of said County, and being more particularly described as follows, SEDOINNING at an iron pin an the south right of way of Interstate Highway 3SE also being the northeast corner of said tract) PAGE ONE r THENCE south 267,95 feet to an iron pin( THENCE west 275,1 feet to An iron pin at a fence corner poets THENCE north 0002'12" west with a chain link fence 340.78 feet to iron pin on the south right of way of Interstate Highway 35CI THENCE south 77003' east with said right of way 10,8 feet to an iron pin at an angle in acid right of ways THENCE Routh 71033' east with said right of way 100,5 feet to an Iron pins THENCE south 77110' east with said right of way 173.8 feet to the place of beginning, containing in all 1,904 acres of land. is hereby changed from Agricultural (A) District Classification Use to Commercial (C) District Classification and Use under the Comprehensive Zoning Orcinahce of the City of Denton, 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 Ordinance No, 69-1, be, and the some is hereby amended to show such change in District Classifica- tion and Use. SECTION (it 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 oonservinq the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City Of 04nt0n) Texas, and its oitirens. SECTION III, That this Ordinance shall be in full force and effect immedi- ately 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, Texas, after giving due notice thereof. PASSED AND APPROVED this the _ day of , 1983, RIC9ARD 0, , MAYOR CITY OF DENTON, TEXAS ATTESTS CITY OF DENTON,1TEXAS APPROVED AS TO LEGAL FORM, C. J. TAYLOR, JR., CITY ATTORNEY CITY OF bENTON, TEXAS 8Y, PAGE TWO CITY OF DENTON MEMORANDUM TO1 Mayor and Members of the C,tty Council 1'ROM1 Charlotte Allen, City Secretary DATE:: November 10, 1983 SUBJECT; Back-up Materials for Item # 4.A The user fee rate increases will be disoustjoi ai the 5130 p .m. work session. The ordinance, which is on the agenda, wi.11 be completed after the fees have been determined. 4rott an oa 1087C/8 , At, I 1 i CITY o/ DIwTON, MXAS MUN+aPA4 8U14DING / DWON, TOXAS 76101 TELCPHOW (817) $66,820 MEMORANOUM TO1 Mayor Stewart and City Council Members FRCMi G, Chris Hartung,City Manager SUBJ1 Texas Municipal Retirement System Ordinance DATE; November 9, 1983 Attached is a proposed ordinance authorizing the updated service credits and increase in retirement annuities with the Texas Municipal Retirement System, This ordinance will enable us to update service credits based on the average salary of the employee for the years 1980, 81, and 82 for qualified members of the system presently employed by the City of Denton, It will also provide for increased benefits for anruitants based on 70% of the Consumer Price Index. This ordinance establishes the effective date for these chnnges as January 1, 19846 ,e funds for this benefit were budgeted and approved in the 1983/84 budget, Shou'd you have any further questions regarding this ordinance, please let me know, ('1f1j, '~,'-LA' r s Hartung, y manager GCHioa attachments 02292 cirYof oQNroN, re"s MuN1c1PAL ev1LnlNC i OENTON, TEXAS 76201 / TEL EPHOW (817) 5668200 t-EMORANDUM T0: Betty McKean, Assistant City Manager FROMI Kathryn Usrey, Personnel Administrator SUWi Council Agenda Item for November 15, 1983 DATEi November 9, 1983 ` Attached Is a Council ager t item approving the Texas Municipal Retirement System ordinance for the act,.,rixation of updated service crclits, and increased benefits to annuitants. This ordinance will update the service credits for qualified members presently in the employment of the City of Denton bused on the employee's average salary for the years 1980, 81, and 82, and it will also proviue for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. The effective date for this increase will be January 1, 1984. The funds for this benefit have been budgeted and approved in the 1983»84 budget, ,ffactive January 1, 1984, Should you have any further questions regarding this request, please lot me know, j J, t.~GG ?tiJ Ka yn Us y, Personne m n s ra or KU/cg attachment 02292 N0. AN ORDINANCE AVTHORI'LINO AND ALLOWINOr UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED SY QUALIFYINO MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF DENTONt PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREEf AND BHNEFICIARIES OF DECEASED RETIREES OF THE CITYt AND ESTABLISHING AN EFFECTIVE DATE FOR 80CH ACTIONS, THE COUNCIL OF THE CITY OF DENTON, TEXAS h4REBY ORDAINSt SECTION 1. Authorization of Updutad Service Credits, (a) On the terms and conditions set out in Sections 63,401 through 63.403 of Title 1108, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the Ist day of January, 1964, r by reason of service in the employment of the city of Denton, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed mvpdated Service Credit" (as that term is defined in suusaotion (d) of Section 634402 of said title) in an amount that is 1001 of the "base Updated Service Credit" of the member (oalculated as provided in subsection (e) of Section 63,402 of said title). The Updated Service Credit hereby allowed shall replace any Updated service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) in accordance with the provisions of subsection (c) of Section 63,401 of said title, the deposits required to be made to the Texas Municipal Retirement System by employees of the several participating departmenta on account of current service shall be Calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. PAGE ONE Increase in Retirement Annuities, (a) On terms and conditions act out in Section 64,203 of Title 1105, Revised Civil Statutes of Texas, 1925, as amended, the City of Denton hereby elects to allow and to provide for payment of the increases uelow stated in monthly benefits payable by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under ourrent service annuities and prior service annuities arising from service by such employees to thia City, An annuity increased under this Section rbplaces any annuity or increased annuity previously granted to the same person, (b) The amount of annuity increase under this section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuitiea are based, multiplied by 701 of the percentage change in Consumer Price Index far All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that in 13 months before the effective date of this ordinance, (o) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an Increase under this Section oxoecla all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the Texas Munioipal Retirement System. PA02 TWO SECTION 111.E Effeotive Date, Sub}sot to approval by the So" of Trustees of Taxaa MuAiolPal Retirement System, the updates servios aredlts and lnoreaees in retirement annuities granted hereby shall be and beo0me sffsotive on the let day of January, 1984, PASSED AND APPROVED thin the day of 1943, RICHA , RXYOR CITY OF DENTON, TEXAS ATTESTi CHARLOTTE ALLEN, CITY SECRETUr APPROVED AS TO LEGAL VORMI C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYi PAGE THREE AN ORDINANOE RESTRICTING THE FRONTAGE ROADS OF i,N, 39 SFTWEEN THE NORTHERN CITY LIMIT LINE AND U,S, 77 TO ONE,WAY VEHICULAR TRAFFIC, PROHIDITING TRAFFIC FaOM SOUTH TO NORTii ON THE WESTERN FRONTAGE ROAD AND FROM NORTH TO SOUTH ON EASTERN FRONTAOF ROAD! PROVIDING A PIMAGTY OF A FINE NOT TO EXCEED TWO HUNDRED DO04ARS ($200,00)1 PROVID1440 A SEVERABILITY CLAUSEI AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI SECTION I,y That the frontags roads of I.H. 39 between the northern City limit Line and U,S, 77 are hereby restricted to ono-way traffic, so that the western frontage road between the said limits be limited to traffic from north to south and the eastern frontage road between the said limits be limited to traffic from south to north, ~li.~T.1LON II. That the frontage roads of I,H, 39 between U,S, 77 and U.S. 380 will be restricted to one-way traffic upon completion of Loop 288, 8SECTXON rill That when signs are in place giving notice thereof., an individual adjudged guilty of violating this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200,00), SECTION IV, That if any section, subaaction, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, $SMON V, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published PAGE OND 'f twioa in the Denton Rooord-chroniola, the offioial newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED Ols the day of 1984, RICHARD p, STEWART, YOR CITY OF Dly'NTON, TEXAS ATTESTi CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM+ C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS i BYi r-~~Aa f PAGE TWO w ORDINANCE NO,~ AN ORDINANCE R&4ATING TO `A4 CONSUMPTION OF A4COH04IC O&VERAG&S IN MOTOR VEHICLES PROVIDING PENALTIES AND DECLARING AN EFFECTIVE DATE, THE COUNCIL, OF THE CITY OF DENTON HERESY ORDAINSi SECTION 1, (a) It shall he unlawful for any person to knowingly and intentionally transport, carry, possess, or have an open container containing a usable quantity of an alcoholio beverage (as defined in section 1,04 (1) V,T,C,A, Alcoholic Severage Code) In or upon or about any motor vehicle In or upon the public highways, roads, streets, alleys or sidewalks, within the City, except when such alcoholic beverage is in the original unopened container, Provided however, that this Section shall not apply to any alcoholic beverage that is looked in the trunk of a motor vehicle or in some other arena of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk, in such a manner as to be inaooessible from the interior or to any person riding in such vehicle, (b) If the actor knowingly and intentionally possesses or has In his or her possession an open container made for the purpose of containing an alcoholic beverage and labeled as containing an alcoholic beverage, it shall be presumed that any content herein is an alcoholic beverage, (c) An offense under this seeton is a Class C misdemeanor, PAag ONE ~ECrzDN II, This ordinance shall become affeotiVe from and after its date of Passage, PASSED AND APPROVED this day of , 1983. CITY OF DENTON, TEXAS ATTESTi QAv ARLOT ' ALLEN, T 89(;RFTAAY APPROVED AS TO LUAL F'ORMi , C, J. TAYLOR, JR „ CITY ATTORNEY CITY OF DENTONe TEXAS 8 Y I,_, PAGE TWO f r November 15, 1983 CITY COUNCIL AGENDA ITEM SUBJ4M Consider quitclaim to Abandon Portion of Easement, Lot 9, Block At willow4ood Addition, 2030 Golf Court, SUMMARY: The homeowner has requested abandonment of this easement since it was found to be under a portion of the house, In review with other utilities, it was found that there was telephone cable only in the easement and the other utilities did not plan to use the easement since it deadends on this lot. The telephone cable is in the portion of the easement that is noi; covered by the house. FISCAL SUMMARY: Not applicable, ACTION REQUIRED: Recommendation from the City Council to quit claim or abandon the Portion of the ei#sament under the house to allow owner to obtain nano ng, RECOMMENDATION: The Staff recommends abandonment of the east seven (7) feet of the existing easement. The Public Utilities Hoard will be considering this item at their meeting of November 140 19830 and their recommendation will be presented to the Council at their meeting of November 15, 1983, Respectfully, R, E, Nelson Director of Utilities EXHIBIT I Associated Letters from City of Denton 11/3/83, Cox Cable TV 11/3/83, Lone Star Gas 11/3/83, GTE 11/3/83 II Plat III Quit Claim (to be furnished to CC if this item approved-currentl undergoing review in City Attorney's office 2644V/11 clrY oI AeNr0N, rBXAS MUNICIPAL BUILDING / DENTON, TVAS 76201 / rffL6PHON6 (617)566,$200 November 3, 1983 Ms, Jane Mitchell Lawyer's Title of Denton 313 West Oak Denton, Texas 76201 Dear Ms. Mitchell: The City of Denton recognizes that the existing structure extends approximately 6' into the existing 16' wide easement, The City of Denton does not have any facilities in the existing easement on the west side of Lot 9, Block A of the Willowwood Addition, 2030 Qolf Court, Since it is a deadend easement, the City does not plan to utilize this easement in the future, The easl3ment could be abandoned if approved by other franchised utilities, i,e,, Oas, CATV, who may have or plan facilities in the easement, V dry truly yours, a E. S. Tullos Assistant Director of U~Vilities Electric Divisions EBT/og cc; -File Cox Ciow Qv14vn Tiiingly 2C6 IOQ 461Ni1 pvnlom Tool 7,8201 A 60*141ur 91 Tvliphoni 8111664-2001 cog commoiaiUOno, 1ng Cox Coble Golden Triangle November, 3, 1983 Ms, Jane Mitchell Lawyer's Title of Denton 513 W. Oak St, Denton, texas 76201 Dear Ms. Mitchell, The City of Denton recognizes that the existing struc. ture extends approximately 61 into the existing 161 wide easement, Since it is a deadend easement) Cox Cable Golden Triangle does not plan to utilize this easement in the future, The easement could be abandoned if approved by other franchised utilities who may have facilities in the easement. Sincerely yours, A~1111 6~6-0-~ I Richard W, Chandler General Manager R4tC/c,}w I November 3, 1983 Ms. Jane Mitchell Lawyer's Title of Denton 513 West Oak' Denton, Texas 76201 Dear Ms. Mitchell, The City of Denton recognizes that the exist,ing'structwe extends apprmdmately 6' into the existing 16' wide easement, Since it is a deadend easement, Lone Star Gas does not plan to utilize this easement in the future, The easement could be abandoned if approved by other franchised utilities, who may have facilities in the easement. Very tuly Yours, Tc my Stone Facilities Coordinator Construction Ts/gs cc: File General Telephone Company of the Southwest 6ng, Dept, Mo~emben 3, 1983 Pe44ton, Tex" 76201 ,Ia, Jane k(Uche.t.C Lawyen'e Titte o6 Oenton 513 Wut Oah Denton, Texas 76201 Peat t,la , ; Etitchezt. The Oenenat Tetephone Co, jeo.ogntzea that the ex"ng a.thuc.tune extends appnoxunatety 6' into the exi s t~ ng 16' c"de easement, The Genenat TetepEzone Co, liaa the 6ac.LCi, u . n the exi4t-t,2g e"ement on the Out aide o6 Lot 9, Stock A o6 the EV.ittouwood Add.i.tion, 2030 Goth Count. Since it .C.a a deadend easement, the re2ephone Co, does not ptan to u.tiUze the 6' po,tti,on that the patio couene .t)t thtii4 easement in the 6u-tme, The 6' portion o ea•aement that the e"6ting 6ttAuau%e 14 occupyA'xg coutd be abandoned t6 approved by o.theA 6haneht4ed ati.t.C uj e,, Gay, CATV, who may have on ptan 6ae i.P,LUu in the easement. VMy tw ty young, !.I, Nay J.t~ ViVaiOn OSP Ertg.ineen Penton v f'A r~ra i,V^fI~I~E'YYbI> IH pW4jj" &8yj kj4l rt Mvt. IAIt 441 *464t t rNtfvl 4k tttwaIt twvty Oh IAt M<a►d a Iht poNny Iot►gN tl IN* e.121 COUNTY, 7E%.15 44111014"N 414 10II0*01 J.rtr a eLa s AIL II WAODITIONTo TIIr ._.CLlY nc nrW 21_ etureal CQU\'r1'. TENO, 1ttMOsI*tht Pla oI mat IttxdW n Vol. ._8 IM49t A- PLAT Rttoldt o+ o!i r! ou ruUNT1•, TSXAS r a, sa. w' r~r \ /s'uri~. c/rsr LOT 9 l5Lk , A I 1 ~ pA ,tq COY'/O C of ~ N rte. I \O \ ti V ~ JDl ZD ~h I 1 . /JC~lII~ aroN rvl \ n I ca y?• It ' Io AIr 6 CQU ~ R R~ TM M►t iv►wen it ► tnw, comet ►nd aelr►M t►p/ylMgdpq of d+t pod►rty r dotosvi W by o%m ov dt• Ilnq end dlttNtvdpri of "W pteWW y IIWlt~ted by dw Met dw d», leaelon end NDO of bWidnte OW IlnOra+nwnb ON r otovav, Mi 11 10ro01 venb 61 *OWA %W ba►Ww* of tlw ojo"IV, WOW r I I" WWI kh II 1 let b" hot" dw proprty Ilwu dw ditta,vuM Indloew, end om dr dberw tan dw IIOOON N 001001 at toed is* OA GOA on W Mat, Then en M rilibie «ierad,nlw~r, rNible p pr„dp,t j a Oppetetll eaenwnat, ulaM M I 1 / WA4A JAM 4 e......... sM Boos ~1 FMOS, EMmARDS•, AWC'., ,i a....... , .IIION Mrt MMiall,lll.ll„H . u., rtirolMa we su, oawer loIrto.o I co 1211 Mr, 1' toj0r 10NI uw na, IS61 A ! 6Enf;'+. ' IrN ~.r.vYE.rJ rireE , • , • 0 'CAI IkI i 10 ORAIN"t EASCANT F. 41 Y M Y ~ v. I .0 ~ / ' W I a w ~''I 8 m N 14 Q 1 ~ ~ IWef/ r.e , o o 13 , - o' ` EA* 442' At. 10 12 dORAlNAdp EASEMEN7~~~,r1 xa air it (l' 16 W d/ 4U?ILiTY, u'EA$ ENT I`1 ,l 89 p~ J 37' III' a h'S4. •A N M , t 11V ~ W 140.83 .i/ I rJ 1 r J . J ' a 1x 23 22 21 6E~µI~ ~ >r M I~l , M JV.• W J~ +0 • 1' 1 1 r:1' NO, AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED BY SAID EABEMENTj AND DECLARING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the grantee herein, deems it advisable to abandon and oonv4y the hereinafter described tract of land to grantee and Is of the opinion that said utility easement Is not needed for public use, and that same should be abandoned and quitclaimed to MICHAEL LEWIS and wife, LESLEE LEWIS, as hereinafter providedi and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to MICHAEL LEWIS and wife, LESLEE LEWIS, for the consideration hereinafter more fully set forth) NOW, THEREFORE, 8h 11 ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTONi SECTION I, That the following described tract of land in the City of Denton be and the same is hereby abandoned, vacated and closed Insofar as the right, title and easement of the public are ooncernedi All that certain 121.95 square feet tract of land situated in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas, and being part of Lot 9 Block A of the Willowwood Addition to the City of Denton, Texas and being more particularly described as follows, BEGINNINO at a point East 11,5 feet and South 0005" West 6,9 feat from the Northerly North West corner of Lot 9, Block A, Willowwood Additionl THENCE South 0405" West a distance of 27.1 feet -THENCE East a distance of 4,5 feat THENCE North 0005" East a distance of 2941 feet THENCE West a dicta oe of 4,5 feet to the point of beginning gECTION It. That the Mayor and City Secretary are hereby author12ed to execute and deliver that certain quitclaim dead attached hereto PAGE ONE and Incorporated herein conveying said utility easement described therein to MICHAhL LEWIS and wife, LESLEE LEWIS SECTION III, That portion of the publio utility easement herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restriotlons, if any, and subject to all sxiatin; easement rights of others, if any, whether apparent or not. SECTION IVS This ordinance shall take effect and be in full force and effect from and after the date of its passage, and 'it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the day of , 1983. RICHARD 0. CITY OF DENTON, TEXAS ATTESTI CHARLOTTE N, T CITY OF DENTON, TEXAS APPROVED AS TO Ua" FORMI C, J. TAYLOR, JRN, CITY ATTORNEY CITY OF DENTON, TEXAS BYI PAGE TWO r CI COUNCIL AGENDA BACK- S MAIM $YT MEETING DATE; November 15, 1983 CITY COUNCIL AGENDA ITEM # SUBJECTI Adoption of an annexation ordinance and service plan for a tract of land approx- imately 150,5 acres In size beginning at the Intersection of F,M, 426 and Mayhill Road, and extending easterly 250 feet either side of the oenterline of F.M. 426 for a distance of approximately 3,000 feet, including a 104 acre tract on the north side of F'.M, 426 (2-1590). SUMMARYI This is the final action regarding the annexation of this 150.5iacre tract, ACTION REQUIREDI Adoption of the ordinance and accompanying service plan. ADOPTION REQUIRES SIX (6) AF'F'IRMATIVE VOTES. ALTERNATIVES; 1, Adopt the ordinance 2. Disapprove annexation 3. Table for the purpose of deleting territory RECOMMENDATION; The Planning and Zoning Commission recommends approval of annexation. EXHIBITSi 1. Ordinance 2. Service plan 3. Map (,9 Charles at n's Senior Planner PLAN OF SERVICE FOR ANNEXED AREAS CITY OF DENTON TEXAS' WHEREAS, Article 070a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an aroa; 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 870a 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 Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the effective date of annexation, (2) Routine maintenance on the same baiis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, Installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, 1, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc,, on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Dirzribution (1) The city recommends the use of City of Denton for electric power, Servioe Plan , Annexed Areas Page three L, Miscellaneous (1) Street name signs where neo,ded will be installed within approximately 6 months after the effective date of annexation, II, Capital Improvement program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics, The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to 'the same established criteria as all other areas of the city. fiy K h+ i 1 'Y 1~IT+5 f .1 ' yyy~-w 1 I ~ y 7 ;r .I } I`e ~ r~ i~~ y ?~`,p 1 I. l M~ r 1 1 Apt 44 Awl yy 1 F 1 1 04 R ~ J f KI Y I~ ~ 11 ~ I 4 ~ ~ r r , I re I, ~ lr ~a..u /~1 <r ~~Y ~ •~t ~ y y ~1'' ~VjS~}!} ~1 1pPy . l , a V S F I r 'fi, I I. n . '.1 M4y Y r1 ' ` w fl ~ ~.1. $Y 1 ' ~ stir ~ tip, ~ 4 , . Ilk e, 41 , NO. All ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND AWACEN7T TO THE CITY OF DENTON, TEXASi BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTINd OF APPROXIMATELY 150.5 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF OENTON, STATE OF TEXAS AND BE140 PART OF THE M. FORREST SURVEY, ABSTRACT 140, 417, DENTON COUNTY, TEXASi CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE, WHEREAS, the request for annexation was Introduced at a regular meeting of the City Council of the City of Denton, Taxaa, on the p,ltitton of the city of Denton, TOXaei and 'WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 6th day of September, 1983 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinances and WHEREAS, an opporeunity was afforded, at a public hearing hold for that purpose on the 20th day of September, 1983 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinances and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hoaringss NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, T. XAS, HEREBY ORDAINSt SECTION 1, That the hereinafter described tract of land' be, and the same is hereby annexed to the City of Denton, Texas, and the same is ;wade hereby a part of said city and the land and the present and t.uture inhabitants thereof shall be entitled to all the rights and priviloges of other citizens of said City and shall be bound by the acts and ordinances of said City now in affect or which may hereafter be enacted and the property sit:ated thoroln shall be subject to and shall base its prorata °1390-PAGE 5NE Part of the taxes Levied by the City, rho tract of land hereby annexed is described as follows, to-wit, All that certain tract or parcel of land lying and being situated in the county of Denton, State of Texas, and being part of the M. Forrest Survey, Abstract No, 417 and being more particularly described as followsi SEOINNINO at a point in the present city limits as established by Ordinance No, 65-45, Tract to said point lying in west boundary line of the M. Forrest Survey, Abstract No, 417 and 2SO feet north of and perpendicular to the center line of F. M, 426 (McKinney Street)i THENCE easterly 230 feet north of and parallel to the centerline of V. M. 426 (McKinney street) the following courses and distanced, (1) south 77424' seat 498.72 teat to the beginning of a curve to the right, (2) easterly 865,29 toot along said curve to the right with a radius 11711,16 feet, oentral angle 411' and a chord of south 75410' east 501,56 toot, (1) south 70137' east 418,0 feet (4) south 67129' east 368,66 feet south 63154" east 367,95 feet to a oint for a corner in the west boundary line of a tract of land as described in Volume 1200, page 462, Exhib(t "8" of the Dead Records of Denton County, Taxast THENCE north 0'12' west along the west boundary Line of said tract a distance of 2579.08 feet to to northwest corner of said tract, said point lying in the south boundary line of a county roadf THENCE north 89'17' east along the north boundary line of said tract same being the south boundary line of said county road, a distance of 1444.17 feat to a point for a corner; THENCE south 0'05' west a distance of 2255.94 feet to a point for a corners THENCE west a distance of 15 feet to a point for a cornea THENCE south 0105' west a distance of 1724,77 feet to a point for a corner said poir,t lying 250 feat south of and oerpen- didular to the centerline of F. M. 426 (McKinney Straet)o THENCE westerly 250 feet south of and parallel to the centerline of F. M. 426 (McKinney Street) the following courses and dlstance4i (L) north 53043' west 444,06 feat to the beginning of ~ curve 0439' andoatchord fof north 58 32 343.76 fee, west 407t02 cfeetal(1)9north 67129' west 339.34 feotr (4) north 70'37' west 393.20 £eat~ (5) north 73'10' west 490.44 feet to the beginning of a curve to the lsiti (6) westerly 828,34 feet along said curve to the left with a radius of 11211,16 feet, central angle of 4'14' and a chord of north 75111' west 828.15 foot (7) north 77124' west 402,88 feet to a point for a corner in the west boundary line of the said M. Forrest Surveys THENCE north along the west boundary line of said si:vey $09,10 feet to the place of beginning and containing 130.5 acres rf land, more or lees. SECTION IX. The above described property is hereby classified as Agricultural "A" District and shall so appear on the official 2-L390-PAOE "r10 zoning map of the City of Denton, Texas, which mop is hereby amended accordingly, SECTION III. This ordinance shall be effeotive immediately upon its passage. Introduced before the City Council on the 11th day of October, 1963, PASSED AND APPROVED by the City Council on the day of , 1963, AIC RD T A , .,1A OR CITY OF DENTON, TEXAS ATTESTi CHARLO E LiN, CITY SE RE Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY 1 C dcd"&-a- 1;7- 2-1590-PAGE THREE PLANNING AND ZONING COMMISSION Recommendation to the city Counoil Tot City Council Case No. 5-174 Meeting Date; November 150 1983 GENERAL INFORMATION Applicant: Champion Home Communities, Inc, 5.573 E, North Street Dryden, Michigan 48428 Status of Applicant: Owner and prospective developer Requested Action) Specific Use Permit to operate a mobile home park in an agricultural (A) zoning district Purpose., Development of a 652 unit: mobile home rental park Location and Size: 104.28 acres located adjacent and north of F.M. 426 (E, McKinney) and adjacent and south of Mills Road (Property is presently in the extra territorial jurisdiction Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Single family, vacant) agricultural; C,T.J, South - E. McKinney, agricultural; E.T.J . East Brown Crest Arabian Farm, single family, mobile home } park agriculturali E.T,J. West - Singe family, agr cultural, vacant; Agricultural Denton Development Guide: Area is designated as low intensity. r ~S-174) age 2 4 SPECIAL INFORMATION Public Otilittesi City of Denton electrical service can be provided to this site, but the owner has the option of choosing Texas Power. & bight services, The petition- ers indicated that City of Denton electrical service will be provided, Extension of city water and sewer service was approved for the site in June, 19830 The developer must extend a minimum 8" off-site water line (staff is recommending city participation on a 12 line) for a distance of appgroximately 4,560 feet. The line must be extended at the developer's expense (with exception of oversizing cost), Sewer is available for extension to the site and should be routed overland to the southwest directly to a 33" outfall line, A gas main would have to be extended from Mayhill Road for gas service. Telephone service is available, Drainage: Detailed plans for required drainage improvements must be submitted for approval during the final platting stage, Several persons appearing in opposition to this request cited drainage as a concern during Planning and Zoningg Commission action on November 9, 1983, The engineering department has reviewed a preliminary drainage study and feels that a proposed retention and detention system will adequately handle runoff generated by the proposed development. Transportation: F.M. 426 (E. McKinney) is part of the state highway system, thus, no perimeter street improvements are required. Mills Road is not being annexed, therefore, no improvements are required for, it either. Ingress- egress is proposed from both Mills Road and E. McKinney. Internal streets must be a minimum 30 feet in width and must be built to standards prescribed in the City of Denton Mobile Home Park and Travel Trailer Ordinance. Internal streets will be privately maintained and are not dedicated or accepted for use by the public. S8^174) Page 3 SPECIAL INFORMATION - continued The City of Denton Transportation Engineer advised the Planning and Zoning Commission that the carrying capacity of F.M. 426 will be exceeded if this development occurs based on existing conditions, However, two things to keep in mind with respect to traffic are1 (1) The analysis of traffic should take into account both the existing two lane road and ultimate plans for F.M. 426 which shows a four (4) lane state highway; and ('l) Re ardless of the tyype of development, F,M. 426 will be impacted by anticipated kuture uses. Widening and improvements to F.M. 426 will not occur until it is justified by traffic generation. Physical Chgracteristicst Rolling terrain that slopes upward towards the west and north. Vegeta- tion consists of grass and trees. BACKGROUND Beginning in Spring, 1983 and prior to official contact with the City of Denton, staff began hearingg rumors that the proposed 104 acre mobile home community was to be built at the site in question, On May 5, 1983, e. local attorney representing Champion Home Communities, Inc. submitted a letter to the Water and Sewer Dijision of the City of Denton Utilities Department requesting permission to extend and tie onto Denton's public water and sewer system. At some point afterwards a land planner and engineer, representing Champion Home 6ommunities, and Mr. Phil Phillips met with members of the Planning and Community Development and Public Works Departments to discuss development requirements and assorted city procedures. Initially, Champion's representatives informed staff that approximatelyy 800 units were proposed and plans for streets and other minor Facilities and amenities would not meet City of Denton standards. Staff advised the developers of annexation policies, zoning requirements and platting requirements and expressed concerns about plans for density and streets, particularly. SS-174) ' Yago 4 BACKGROUND - continued Champion Home Communities then expressed a desire to compromise with the City of Denton in satisfying certain requirements if annexation occurred; however, it appeared during the early discussion stages that density and streets were to become a major point of dial reement, Following subsequent meetings during the Summer, initiation of annexation proceedings and submission of a preliminary plat, Champion Home Communities agreed to comply with all applicable City of Denton requirements and the proposed number of units was reduced from approximately 800 to 652, The Public Utilities Board recommended approval of Champion's request for oity water, and sewer service at its meeting of May 250 1983. The City Council subsequently approved the request for utility service on June 7, 1993, Annexation action began on this tract and surrounding proper,t,) on August 16, 1983; final action is scheduled for November 15, 1983. A ppreliminary plat of the proposed mobile home park was approved by the Planning and Zoning Commission and City Council on October 12 and October 18, 1983, respectively. A final plat and accompanying engineer- ing plans for utilities, drainage and other required public facilities have not been submitted for review and approval. In the past few weeks, Champion representatives have expressed considerable concern over the prospect of investing considerable time and dollars in an attempt to meet city re uirements, yet once annexed, having their request for a specific use permit denied by the Planning and Zoning Commission and/or City Council, The abutting landowner to the east has been on record as being strongly opposed to the proposed development since prior to approval of the request for city utility service. Mobile home parks in general have received a great deal of media attention recently and negative sentiments towards mobile homes have been expressed throughout the annexation process, As a reaction to the fear of being denied zoning, Champion representatives recent- ly advised staff that they would begin construction of the mobile home park without final plat approval and prior to final annexation and zoning action with the obvious hope that if denied zoning, the courts will decide that the development may continue. At this time construction at the site is limited to the cutting and grading of streets. Staff has consulted the legal department on this matter in an attempt to determine if the City of Denton can take any actions to prevent construction of the mobile home park before final plat approval is granted. No firm answers have been provided. This case perfectly dramatizes the difficulty of controlling development in extra territorial jurisdiction areas. (5.174) Page 5 . ANALYSIS kvaluotion of mobile home park requests has become a difficult task largely because most are proposed in extra territorial Jurisdiction areas, Also, no specific policies have been adopted by the City of Denton to cover this type of develop- ment. Mobile home parks are similar to multi-family develop- ments in some ways but drastically different in others. For example, though rental in orientation and more dense than traditional single family housing application of the multi- family 500 unit concentration pol~oy to mobile home parks is probably not appropriate. Multi-family development typically concentrates 15-30 units or more per acre of land, whereas, though In excess of 500 total units, the Champion proposal is located on 104 acres which results in an average density of approximately 6.2 units per, acre, Potential population increase and concentration is considerable, however, previously refer- enced 6.2 unit per acre density level in this proposal is con- sidered respectable. Streets in multi-family developments and mobile home parks are both privately maintained, but construc- tion standards for mobile home parks are cleanly outlined and substantial as opposed to a general hard surface requirement for multi-family, In both the typical mobile home park and apart- ment complex the resident does not own the land, but the majority of mobile home park dwellers own their individual living units. factnthatemobiiWmanufactured inteided to viableuforceethat is significantly impacting the City of Denton and the housing market as a whole, yet there is little available for use as a specific evaluation tool, Champion Home Communities, Inc. has reduced the number of units in this request from 800 to 652 and has complied with a staff recommendation that average density not exceed 6-7 units per acre. Research of national trends in various planning related journals has revealed that the 6-7 unit per acre density level s considered an acceptable model or guideline for mobile home communities, The petitioners have also modified an earlier plan that proposed streets and turnarounds that were not in compliant with City of Denton standards. Essentially, the proposed mobile home park will comply with applicable City of Denton development codes and standards. Compliance with city standards is a major factor associated with this request. Provisions for this type of affordable and alternative housing is also considered positive, however, there is a growing concern over the fact that the overwhelming majority of mobile home parks and low to moderate income housing in general is being concentrated in the eastern quadrant of the city. The City of Denton has approved requests for alternative forms of housing in several recent actions and more is needed however, control of developments in the extra territorial Jurisdiction invariably places decision makers in a reactive rather than proactive situation. r (S«174) Page 6 CONCLUSION T mpion Home Communities has addressed major technical site ign concerns. Final plans for streets drainage utilities and other, public facilities cannot be evaluated until the final platting stage. The idea to begin construction before fearxofiinvestiing timelinrmmeeting citynraqduiiremep elegitimate dollar,s protectionsof and pan and`'auksrounding properties Qe but das stated many times severe legal deficiencies exist in the area of land use control in the extra territorial jurisdiction area. PLANNING AND ZONING COMMISSION HEARING The Planning and Zoning Commission field an extensive public heariq for this request at its meeting of November 9, 1983 (duration was approximately three hours for this item alone). Approximately 35-40 residents in the area appeared in opposi- tion. The vas majority of those present intimated biases against mobile manufactured housing and parks in general. Several people including a roperty owner to the north across Mills Road cited concerns about traffic and drainage, police protection fire protection and impact on the school district were additional issues that enerated considerable discussion and questions. The school district owns approximately 77 acres adjacent to this site to the west and they have requested in enclosed correspondence that traffic and other issues be reviewed with the potential high school in mind. Only those property owners within 200 feet and in the city limits are required to be notified by direct mail and provided with a reply form. Outside of Champion the only other property owners meeting the above conditions are Denton Independent School District and Mr. Felix Callahan. Mr. Callahan also appeared in opposition to the request. If owners of 20 percent or more of the property within the required 200 feet area file written protest to the request, the favorable vote of 3/4 of all members of the City Council is required to approve the petition. Staff will advise the City Council of the 3/4 vote implications at the November 15, 1983 public hearing. Planning and Zoning Commmission minutes will also be provided at the meeting. (8.174) Page 7 PLANNING AND ZONING COMMISSION HEARING - continued Finally, Mr, W. Lamont Brown owns property adjacent and east of the proposed mobile home site. He has been a visible, and considering his personal connection, an objective opponent of the development since the inception of any official action. Mr, Brown cited concerns about traffic impact of the development on his family's lifestyle and business and several development guide policies with varying, but generally not acceptable application request, Mr * Brown s pro terms eof the 20 percent rule, RECOMMENDATION The Planning and Zoning Commission recommends approval of 5-174 with the following conditions by a vote of 4-21 1) Development shall conform with approved site plan and all Mobile Home Park and Travel Trailer Ordinance requirements of the City of Denton, 40 2) Final City of Denton lot of record approval must be granted before issuance of building permits. 3) ffl acent landowners should have protection of adequate eight (8 foot wood+/masonry soreening along east-west property line with ratio of wood-masonry content to be determined by staff. ALTERNATIVES 1, Approve petition with conditions. 2. Approve petition without conditions. 3. Approve petition with additional conditions. 4, Deny petition. ATTACHMENTS 1. Aerial 2. Site plan 3. Reply form total 4. Property owner list 5. Correspondence from Denton Independent School District t A , ll~~ ~ * ~1c1 tr5~ 71 l+ vii. { ~)'1 ~p`~, ~ a v♦ ~+r~4 + lY" r ~;;L,c ti J4~i p~1 ~,,C. Z) fM+ ~ r ' , 4.-. ~.1 • p~1 t 41 fQM'~~ fy~\ ~A. V A V JAI • 4 ~ p e ~x k J Vr ' ~ i~ ~ ~3v1! r. w J ~ ► e 4o 1 ~~a~ >!~~f +r+t~. A to a 1 v Pit o, 1A ko! x;(r j 'jFN„~ ~ r ',i 11,.,~cr ~lr.l,~ v{ v i."1°' J Al'1'~I r 1 1 J ' • tiool At, Pt A, k' 1 1,; It ~ ~ 'ra$ 1' r I t IPA `,s,. .14 r It It V 'i ` ► , c+~ 1 W H k t S 'r t p 1•roq\ r All ` y • ...,ice., • I ~ ' 1 f~ f~ k'` Nf i t + i • + k , /i Ike. I I-T I !II'I s`A , ~\sY,t.k~~V,!',+ • l';Ir~~. ' ~is~Y. Y C ~I f\r~; ,1`11+3 ;k31!',`~~~,R y1x11' I ~ i 1 r r+ la" t I 1~~11ti,1 1'd''j~} ~ 1 S~1 ~~'S,yl tis't'f1,i + t' 9 a1 I x t + a t k 1 l f "r 1; t~ rd~ia I•+ t ,~t 0 1~, R~ An f r 1'i l0 1 1-j ji ~,`~R~Af~j ~ ~ ~ II~-~ -{j'f f~l ~r IS1ZI1~11y1~'y + tl r Is t'= {I~+'L~i ;IRS?4~~i~9;1.1' ~"41~'isrr 't1rtLl1~1~/l I ► . Z • 1 t 1 x,113 E 5V41 ,y\ ~r j11 3 ~l1~i 3 sr~J3 Y IIC1t 'Ik t+~ ~ r \ S mis a! _ k d 1 y R 41k S~ k I a ''L• Y tS 1", I w•r~~ 4 i k 7 I I ~ r ~,~s PROPERTY 04fiI3ER REPLY FORX$ 4 CITY COMICIL S-174 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received 1 , 1 t i r Denton Independent (School .Di8tricf. *Mcc m ,Nt AS61VAN, 1Vrt ANrr,NOt M, 'OA OWNM MAiA1 > o e0x 9387 DENTON, TEXA$ 16202 CictOber 17. I5'E: Hr, Jeff Me>,er, Director c,f F'far,rin,? and Commur,ity DeveIopmert C•i t, c.f Par ton Ger ton, Tx, 762, 0+1 Gear :feff t It h.y.v Baer t,rcuQht to ciur a.tter,tIor th5.t a motile hotr,e garb: Is n l kr,r, ed ir,r. Eat t HcV. i r ne , We h.4,k,e herd that the p I a. r, I x. to corstruct Rr,proxImat~;-iv eight hurdred (.:(ii) urits, the Denton ]nde r,er,de nt cl:choc,l Diatrict kiln c.!.dns lard on E.k.it HcKinrrev, The a.chooI dl3.trict plar,a t-~ construct a high a.cht.c.l one day oh I t a. 77 kcr•e s i to , Th 1 s. maY ti :,t occur ur t I 1 the end of the dr,cade, t am not £ur•e hov, our site relate4 ir, or-,:,ximity tc. the pr•C,posed rnat,lle home cors.tructIon , 1f the sites are adjiaceot, then the density Involved in the mobile home park may create a traffic problem wher, A. now, hi Ph schoc,l l S. cOn struc ted, In Your future pIan nIrrd s.ess.fc,ns.I pleaie review RI l prC.pc,;cd trr.kff 1 pr•ocedut, -a street develaprrer,t, kr,d traffic cor~jestIon with the pos.s.ibIIIty of a new high school 1r, mir,d, Thank you for vour help in this matter, Sincerely, Gilbert Be rrs.telr, R~CEIVEDOCT 1 81983 1 i i lQ r NDA l BN~UI Rh h'E M4ETING DATEi November. 15, 1983 CITY COUNCIL AGgNDA ITEM # SUBJRCTI Approve the request of Mr.. Paul Berry to .tmatelyi4,39eacresnolfrianddlocat on al~on$X~ the east side of Highway 377 gust north of brush Creek Road. SUMMARYi Mr., Paul Berry appeared before the City Council on January 1983 re nesting disannexation due to tax considerations and because he was receiving no city services. Mr., Berry~s request was tabled pending the outcome of his application for agr.iculr.ural tax exemption. Mr. Berry now says that he only saves $4.00 per year with the agricultural tax exemption and is again requesting disannexation. ACTION REQUIRED: 1. To initiate disannexation proceedings adopt the accompanying ordinance, 2. Disapprove the accompanying ordinance to retain the property within the city. RECOMMENDATION; When the Planning and Zoning Commission heard this request in December 1982 they unanimously recommended dental of the disannexation request. EXHIBITS: 1. Map 2. (2J notices of app raised value 3. City Council Back-Up for January 4, 1983 4. City Council minutes of January 4, 1983 5. Ordinance setting date, time and place for public hearings b. Notice r o.. C a .ea at c ns ~ Senior Planner tl+ ' , Ifil rly~ , V.W .44 r~1. 1 PROPOSIED7 DISANNIIXA710N ' 1 ` a r 1~ a K F I ` a J n r n y! T~ . iw ;v.r ' IY. I. pp " r, ; r { r, { I e a l i r~ ~ ~ ~ ~ I c O I IC C j F, ~ _ l~ _ C `7 Z S ~ fP IIYy~•_}'.-1-~'_ :-..._.J y.. 31 r p'IV m L n I r. R N V Y k- i _ 01 z ' 60 It 1, G 3 C C IA m t x ~ -1 n} III ~o;``I~ tr u 2 Ir ~ ! Ufa m~ C ~G. ~.V r~ti e pa m t! ~ta'N y Ga r3 Oj r-t `So u) t u) r S. IM , `I G j n• I IJ -t r. x R I o tm" tsar . s r '{o c ~y ~ coc ~ d k >t D O N ~ ~ C ~ tg ~ J < ~ R r C k .t ~ah1 F i I~ C G V+ ti I ` m z ~u a z Z CD w O4 I m b 1 y J L n N N Mfj ~ D to y i ~ Ut ~ e-l ] ~ r l i t j - ~ l ~ S i '.I 1 I •C ~ y Y p j~~S nn 4 ti J~ 4C 4 ' ] 1•':R r ~ ~ T x it y T P > w ~ y r j ^~Z rn Crrr 02 ~ 3 ''yi~l ~ j ~ t•• 15 r (11 ld) > 1 19.1 ij' yp v ~ V 5 :j ~ v ~ O 1 n, z3 n I o c cai jj z' O yy'. u 'd .5', ,U ti .V r !,0 J` _ f `yyry O 5yyv~ h 1` C. G 4'i', C rn h ~i I Y A C Y l.~ I ..1 O P., z U. 0 ~yl Sd .ro ,~~n Gf~ ~~'~S ~~I ~'I~W R F• 11 x a° OCT or a R y . ` ti x u C4tv NO ; a m m n° /V • b V J V 3 O y '~tl V A l/l lj~ -a -q . iJ ~ ~~Qj J 111 O of ~ `88~ ~ D y o ~3. y, S r ~ r. L o S a m c H rm, ~ •~u.p' ~ j 1 CITY COUNCIL AGENDA BA T Meeting Date; January 4, 1983 City Council Agenda item # Subject; Approve the request of Mr, Paul Berry for disannexation of approximate) four (4) acres of land located along the east side of Highway 377 just north of Brush ,Creek Road, Summary; Mr, Paul Berry owns approximately five (5) acres of and on the east side of Highway 377, a proximately four (4) acres is inside the ity as a result of a strip annexation which took place in 1969. Mr, Berry indicates that he receives 'no city services but must pay city taxes, The'enclosed memorandum has been sent to relevant City Departments' to advise them of Mr, Berry's right to city services, The strip annexations were accomplished for the following reasons; 1. The annexation strips would more nearly define the ultimate Denton Corporate 11.1,i;:a for twenty (20) year development, 2. Greater control could be exercised over' development which occur's on major highways leading into Denton. 3, The City would have a stronger voice in reviewing subdivisions which occur near Denton, 4. The incorporation of additional small communities near Denton would be dis- couraged, 5. Future residents of this area should be citizens of Denton and should re- ceive the services and benefits from such an association. ' Cit>~ Council Agenda BaN Up Summary Sheet Mr, Paul Berry January u, 1983 Page 2 6, The annexations to the south axa'oon- sistent with our agreements with Argyle and Corinth, Action Required; To execute disannexation the City Council should move approval of the request. The scaf£ would then prepare the necessary legal documents for subsequent action, Alternatives; 1, Approve the request, 2, Denyy the request, 3. Tab 1e the 'request, Recommendation; The Plannin8 and Zoning Commission unani- mbusly recommends denial of the disannexa- tion request, Exhibits; 1. Map 2. Memorandum of November 29, 1982 3, Minutes - tIL Charles Watkins Senior Planner A Y t MEMORANDUM DAM November 29, 1982 M Rick Svehla, Public Works Jack Gentry, Fire Department Hugh Lynch, Police Department Cotton Bland, Solid Waste Division FROMr Charles' Watkins, Senior Planner SUBJEM City Services Mr. Paul Berry, whose address is Route 2, Box 298, Argyle, Texas 76226; $17-382-2138, owns and resides on a tract of land approximately five (5) acres in size located on the east side of Highway 377 near Brush Creek Road, Approximately four (4) acres of Mr. Berry's property is inside the Denton City limits. After receiving his latest tax statement Mr, Berry is beginning the process of requesting disannexation from .the City because he receives no City services, As Iong as Mr. Berry's property ramains in the City he is entitled to Fire and Police service as well as Solid Waste Pickup and any other services provided for City residents, He currently is not receiving solid waste pickup., I will. advise you if his property is disannexed, but in the meantime he is entitled to all City services. 'CW : c s Minutes Planning and Zoning Commission Deoemb3r l5, 1982 Page 11 1V, Considerations A. Consider disannexation of approximately four (4) acres of land located on the east side of Highway 377 near Brush Creek Road. (UNAPPROVED) Mr. Watkins explained that City of Denton has 500 feet along highway, that Mr. Paul Berry owns a five acre tract, four acres of which is located in the City of Denton. Mr. Berry is requesting disannexation of that four acre tract stating that he receives no city servi- ces. Mr, Watkins continued that after Mr. Berry called it to his attention, he advised relevant city departments of Mr. Berry's right to city services. Mr. Berry said that his is the only family affected, that no other people live in that 500 foot strip, On ques- ,tion, he said he has lived there five years, that prop- erty was annexed in 1969 but he was not aware that he was in the city limits at the time he bought property. He said the main reason he is requesting disannexation is the assessment of recent countywide evaluation. He said he thought he was in Argyle. On question, he said he doesn't work in Denton, that his children did attend high school in Denton, that the only thing he has in common with Denton is telephone and he pays mileage for that s a r v i c a Mr. Watkins said that Planning and Community Development Department is opposed to disannexation because of possi- bility of setting a precedent. Mr. Juren stated he felt it would be setting a precedent and moved to disapprove any disannexation.,, Seconded by Mr. Sidor and unanimously carried. (6-0) B. Approval of the preliminary plat of lot 4A, block B, Teaaley Mall Addition. Mr. Ellison explained this is the site of the requested PD for laundromat/dry cleaners on Londonderry Lane. He advised that technical requirements have been met and Development Review Committee recommends approval of pre- liminary plat; drainage will be a concern of the final plat. Mr. Juren moved to approve the preliminary plat of lot 4A, block B, Teasley Mall Addition. Seconded, by Mr. Sidor and unanimously carried. (6-0) C, The Cauncil considered the introduction of an ordinance instituting annexation proceedings on a tract consisting of approximately 121,12 a.!res of 'land beginning in the centerline of EdvarGs Road approximately 1,800 feet east of Mayhill Road. (Z-1549) Stephens motion, Barton second to continue, with annexation proceedings, on roll call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye", Riddlespperger "ayeChew "aye", and tray y o rr' d u animously. A, The Council considered the i,nkraduction of n 7ordr' nance ins tituting annexation proceedings on a parcel of land oximately 24,065 acres in size located immediately east of the on Sewer Treatment Plant. (Z-1550) Chew motion, U ford second to continue with annexation proceedings. On roll. call vote Barton "aya Hopkins "aye", Stephens "aye Alford "ayeRiddlesperger "ayeChew "aye", and Mayor "aye". Notion carried unanimously, 6, The Cauncil considered approval of the request of Mr. Paul Berry for disannexation of approximately four (4) acres of land located along the east side of Highway ;,77 just north of Brush Creek Road, (The Planning and Zoning commission recommends denial,) Watkins of the staff reported that the area in question. had been inside the city limits since 1969 and referred to the City Council minutes for the reasons why this area was originally annexed, Mr. Paul Berry appeared and told the Council when he moved onto the property 5 years ago, he thought he was outside the City limits, Mr.' Berry stated Oat he was not receiving any city services and that the taxes were too high. Council Member Aiddlesperger asked Mr. Berry if the property was zoned agricultural. Mr. Berry replied that he thought it was. Council Member Hopkins asked Nr. Berry what 'nis City taxes were for last year. Mr. Berry replied the taxes were approximately $400. City Attorney C. J, Taylor reported that the zoning did not have a bearing on the tax rate and land must be being farmed to qualify for agricultural tax deduction. City Manager Chris Hartung stated that Mr. Berry needed to appear before the Tax Appraisal District and file for an agricultural exemption, Hopkins motion, Alford to table the disannexation request and have the Staff report back to the Council at a later date. Motion carried unanimously, w. , , NO, AN ORDINANCE JETTING A DATE( TIME AND PLACE ON THk PROPOSED DISANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXA8, AND AUTHORISING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSr SECTION I. On the 6th day of December, 1983, at 7100 o'olook in the City Council Chamber of the Municipal Suilding the City Council of the City of Denton, Texas, will hold a pubito hearing giving all interested persons the right to appear and be heard on the proposed disannexation by the City of Denton, Texas, Of the property described below, On the 20th day of December, 1983, at 7100 o'clock p.m, in the City Council Chamber of the Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giving all Interested persons the right to appear and be heard on the proposed disannexation by the Ci'sy of Denton, Texas, of the following described property, to-wits All that certain lot, tract or parcel of land lying and being situated in the county of Denton, State of Texas, and being part of the J, Severe Survey, Abet, No, 1164 and more pa etioularly described as follows) BEGINNING at a point in the prosent city limits, said city limits being established by Oralnanoe No, 69-40, Tr, III, said point lying in the north boundary line of a tract of lnnd conveyed to Paul S, Berry and wife, Elizabeth P, Berry by dead recorded in Volume 066, Page 299, of the Deed Records of Denton County, Texas) THENCE south 270281 west, 5^0 feat east of and parallel with the centerline of U,S, Hwy, 371, a distance of 434.16 feet to a point for a corner in the south boundary line of said traotr THENCE north 89059141" west, along the south boundary line of said tract, a distance of 495.87 foot to the southwest oorner of said tract, said point lying in the southeast right-of-way line of U,S, Hwy, 377) THENCE north 27028" east, along the west boundary line of said traot, same being the southeast right-of-way line of said hi hway, a distance of 435,19 feet to the northwest ootner of said trootl THENCE south 89°53121" east, along the north boundary line of said tract, a distance of 495.40 feet to the place of beginning and containing 4.39 acres of land, more or less. SECTION 11, The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public nearing to be published once in a newspap,r having general circulation in the City and in the above described territory not more than forty days not less than twe.~ty days prior to the date of such public hearing, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes), PAGE ONE y SECTION III, This T inanoe ahail ba In full Cocoa and effaot tmmadlataly following its passage and approval, PASSED AND APPROVED this day of 1984, CITY OF A MWARTt MAYOR TEXAS ATTESTi CHARLOTTE ALL N+ CITY SWAM CITY OF DENTON, TEXAS APPROV90 AS TO LEOAL FORMi Cl J, TAYLOR, JR „ CITY ATTORNEY CITY OF DENTON, TEXAS SYi 1 PAVE TWO v ti0~ ICE OF PUlil.lC NEAR_ [N0~ t~COZjTEMYLAT D DISUNEKAT14N NOTICE 10 HHAM GIVEN TO AW, INTERESTED PERSONS THATi The City of pent>n, T@Xas, proposes Cpv inatltuto disannexation proceed nga to alter the boundary limits of said City to delete the following described territory from the corporate limits of the City of Denton, to-wits All that certain lot, tract or parcel of land lying and being situated in the county of Denton, State of Texas, and being part of the J. severe survey, Abet, No, 1164 and morn partioularly described tie follower BEOINNINO at a point in the present city limits, said city limits being established by Ordlnanoe No, 69.40, Tr, III, said point lying in the north boundary line of a tract of land conveyed to Paul 8, Berry and wife, Elisabeth P. Berry by aced rooorded in Volume 866, Page 293, of the peed Records of Denton County, Texaal THENCE south 27"28' west, $00 feet east of and parallel with the centerline of U.S, Hwy, 377, a distance of 434,16 feet to a point for a corner in the south boundary line of said tract) THENCE north 89459141" west along the south boundary line of said tract, a distance of 49 ,87 feet to the aouthweet corner of said tract, said point lying in the southeast eight-ofoway line of U,S, Hwy, 3771 THENCE north 27428" east, along the west boundary line of said traot, same being the southeast right-of-way line of said t,ighway, a distance of 439,19 feet to the northwest corner of said traotl THENCE south 89153121" east, along the north boundary line of said tract, a distance of 495,40 feet to the place of beginning and containin7 4,39 acres of land, mor$ or less, A Public Hearing will be hold by and before the City Council of the City of Denton, Texas, on the 6th day of December, 1983, at 700 o'clock in the City Council Chamber of the Municipal Building, for all persons interested in the above proposed disannexation, At said time and place all such persons shall have the right to appear and be heard. Of all said matters and thin ye, all persons interested in the things and matters herein mentioned, will take notioe, A Public Hearing will be hold by and before the City Council of the City of Denton, Texas, on the 20th day of Deoember, 1983, at 7100 o'clock P.M, in the City Council Chamber of the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed disannexation. At said time and plane all such portions shall have the right to appear and be heard, Of all said matters and things, all persona interested in the things and matters herein mentioned, will take notice, RICHARD 0, STEWART, MAYOR CITY OF DENTON, TEXAS ATTE5T1 !DM CIiTYOI DENTON, TEXAS MUNMPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 5668200 M E9MO RAN DUD! TO: Betty McKean, Assistant City Manager FROM: Stove Brinkman, Diroctor, Parks and Recreation DATE: November 1983 SUBJECT: Grant Application for McKenna Park We are submitting a grant application to help us fund the construction of a largo picnic shelter and supporting facilities at McKenna Park. The supporting facilities will include grills, tables and an expanded and improved parking • aroa. Total cost of the project will be approximately $50,000, and the State will pick up 50% of the cost if our application is approved. Our portion of the funds will be coming from.the McKenna Park trust fund and the Parks and Recreation Department budget. The grant application must include a resolution approving the grant from our City Council. It would be nice if that could be approved at the Council meeting on November 15, 1983, id ' Steve Br n man MEM00007 PARKS AND RECREATION DEPARTMENT / 817.387.6146, 566.8270 R N S O L U T I O CJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DSNTON DESIUNATINO CERTAN CITY OFFFICIALS AS BEING RESPONSIBLE FOR, ACTINU FOR, AND ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 19691 CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROORAM. WHEREAS, the United States Congress has passed the Lana and Water COnaervdtiuon Fund Act of 1469 (Public Law 88.978), authoriztng the Secretary o° the interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposed and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S., for the purpose of allowing the State of Texas, and Its political subdivisions, to participate in the Federal program established under said Public Law 88-5780 or such other programs as are hereinafter established by the Federal Governments and WHEREAS, the City of Denton is fully eligible to receive assistance under this Programs and WHEREAS, the City Council of the City of Denton is desirous of authorizing its administrative staff to represent and act for the city in dealing with Texas Parks and Wildlife Department concerning this Programs BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXASI Section 11 That the City Council of the City of Denton hereby certifies that the City of Denton is eligible to receive assistance under Public 88-3701 as augmented by Article 6081x, V.A.C.S, Section 21 That the City Council hereby authorizes and directs its City Manager to represent and act for the City of Denton in dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby officially designated as the City's representative in this regard, PAGE ONE 1 Section Ji The City Sounoil hereby designated its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for purposos of this program. Section 41 The City Council hereby specifically authorizes the City officials herein designated to make application to tho Texas Parks and Wildlife Department concerning the tract of land known as McKenna Park in the City of Denton. INTRODUCED, READ AND PASSED by the affirmation Vote of the City Council of the City of Denton, on this i clay of 1983. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TUAS ATTESTi CHARLOTTE ALLEN, CITY SSCRETKRY- DENTON, TEXAS APPROVED AS TO FORMt C. TAYWR,JR.s ATTORNB7 PAGE TWO Q A cirvat yENToN, TBXA$ MUNICIPAL BUILDING i DENTON, TEXAS 76201 ! TELEPHONE (817) 5668200 M E M U R A N U Of oo of tho City Manager U M T0i C. Chris Hartung, City Manager FROM; Rink Svehla, Assistant City Manager DATE, November 10, 1983 SUBJECT; Amendment to the GTE Franchise Agreement At the and of last week, Joann Dean contacted me. She indicated that GTE had a problem with part of the franchise that was passed by the Council about a month ago. GTE would like to omit the last six lines of paragraph one in section XVIII. These last six lines require that GTE pay for any consultants or other experts that the City may want to hire in reviewing rate increase requests, The staff sees no problem with this removal since all rate requests are now forwarded to the PUC, who, as we understand it, does the rate investigation and bears the cost of it. The City Attorney has advised us that an amendment to this franchise agreement should not be put on the agenda at this time. He feels that a discussion of the item should be held first. Then, if the Council so directs, an amendment could be drawn. C.J. is also concerned that if thti PUC is eliminated by future legislation, then this provision could be enforced and it would allow us to fund consultants or experts to look into the rate cases. C.J. has also further advised that timing on the ordinance in terms of acceptance is not a specific problem. If you or the Council have any further questions, I will be available at the meeting to discuss them. A a) Rick Svehla Assistant City Manager 04738 1 1 G VITY OF DENTON, TEXAS [OFFICE OF THE CITY ATTORNEY ~f E~bf O R A NDPjW C.J. Taylor, Jr„ City Attorney Joe D, ;Morris, Assistant Clty,Attorney J Robert B. Hunter, Assistant City Attorney .DATI3: July 14, 1983 JUL 4 TO: G. Chris Hartung, City Manager FROM: C. J, Taylor, Jr,, City Attorney SUBJECT: General Telephone Franchise Ordinance Attached is the final draft of the telephone company franchise ordi- nance which has been changed from the original first draft as follows: Section II, Has been changed to provide that all construction plans be submitted to the City prior to commencing construction, Section IV, Was amended to provide that the telephone company shall maintain the system in reasonable operating condition in accordance with the Texas Public Utility Service and Transmission Standards. Section X, Was amended to provide for the sharing of cable trenches and to provide for oint use of poles by the telephone company and the City of tenton. Ms. Dean from deneral Telephone Company requested that we delete the last six lines of the first paragraph of Section XVIII which provides for the telephone company to reimburse the City reasonable fees and expenses in connecton with rate changes, We did not delete this from the present draft as the City Council should be the one to make this deletion. C. JI TAYLOR / CJTJR:js xc: Ms. Joann Dean, General Telephone Company }tick Svehle, Assistant City Manager Robert Nelson, Director of Utilities Gr I J I ~n NO, ~i AN ORDINANCE w'HBR8BY THE CITY OF DENTON, TEXAS GRANTS THE RIGHT, PRIVILEGE AND FRANCHISE TO GENERAL TELEPHUB COMPANY UP THB SOUTHh'BST, GRANTEE, ANNt ITS SUCCESSORS ApNNDpp ASSIGNS, 'FO AOOH "JIDBRRE000BRUA,tU RCROSS THE PUBLICI SAHTS,~BAV8 DES ALLEYS, UUBRIDGES, VIADUCTS AND PUBLIC GROUNDS OF SAID CITY, SUCH STRUCTURBSLANb F~II\RTURbSCNfiCESS)ARYOORU~OTS A NVHNIBNTTFOR REENDITON BO~ TELEPHONE AND OTHER COKWNICATION SERVICE AND FOR CONDUCTING A GENERAL LOCAL AND LONG DISTANCE TELEPHONE BUSINESS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHIS81 PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF CERTAIN OTHER PAYMENTS; PROVIDING FOR REGULATION AND USE OF THE TEL8PHONE SYSTEM'i AND PROVIDING FOR THE REPEALING OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY, WHEREAS, 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 tno State of Texas and within the 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 antored Into between the parties establishing the conditions under which the Telephone Company shall operate within the Cityi Now, Therefore, BE IT ORDAINED BY THB CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT; SECTION 1, GRANT OF RIGHT, PRIVILEGE AND FRANCHISE FOR CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE There is hereby granted by the City to the Telephone Company and Its successors or assigns, the right and privilege to construct, erect, build, equip, own, maintain and operate in, along, under, over and across the streets, alleys, avenues, bridges, viaducts and public grounds now within the present limits of the City and within said limits as the same from time to time may be extended,, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures' necessary or convenient for rendering telephone and other communication ,ercicos and :or conducing a general local and tong distance :e:e,hona dusinoss, irtvc i i6CTIU5 Ii. SUPERYISIO,1 41' CITY OF LOCATION OF POLES AND CONDU I T That all poles to be placed shall be of sound material and reasonably straight, and shall be so set that they will not Interfere with the flow of water in any gutter or drain, and so that the same will Interfere as little as practicable with the ordinary travel on the street or sidewalk, The location and route of all poles, stubs, guys, anchors, conduits and 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 the Telephone 4ompany within the 1;,mits of the City under this ordinance, shall be subject t 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 the City for review, prior to commencing construction, SECTION III. 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, cohstructing, renewing or maintaining its telephone plant and system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work and maintained to the I 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 or maintenance work, after which time the responsibility for the maintenance shall become the duty of the City. No such street, alley, .r highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. SECTION IV. OPERATION AND SIAINTENANCE OF TELEPHONE PLANT That the Telephone Company shall maintain its system in reasonable operating condition In accordance with I'esas publl; PAdB i 14 w Utility Commission Service and Transmission Standards at all normal times during the continuance of this agreement, An exception to this condition is automatically in effect when service furnished by the Telephone 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 AIRES That the 'felephone Company on tl.e 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 A structures, The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited patty or parties, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight (48) 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 erection thereof, SECTION VI, TREE TRIMMING That the right, license, 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, SECTIO,\ VII, ANNUAL CASH CO,NSIULKA'rlu,N 'I'0 BE PAIU BY THE ThL011UNh CUAPA,11 'Chat to lodentnIfy the City for vn) '111,1 all possible damages 1 1 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 componsate the City for Its superintendence of this agreement, and as the cash consideration for the same, the Telephone Company agrees to pay to the City 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 recuived 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 (2t) of the gross receipts received from the date of January 1, 1983 to December 31, 1985; and thereafter payment shall be made annually on March 31st, as herein provided. SECTION VIII. PAYMM OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREM TAXES That the City agrees that the consideration net t'orth in the preceding section hereof shall be paid and received in lieu of 4 any tax, Ilcense, charge, fee, street or alley rental or any other character or charge for use and occupancy of the streets, alleys, and public places of the City; in lieu of any pole tax or inspection fee tax; in lieu of any earament 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 USVA1 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 of 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 Company's ~I tgations, if any, to pay any suer taxes, licenses, cnarges, Ee c3, re ns, and ea se me it 45r franchise to xes t SECTION IN PACILITIHS TO Bb PURNISHBD CITY AS ADDITIONAL CONSIDERATION That in addition to the cons iderattort sot ?orth In Section VII, the Tulephone Company shall hold itself reaiy to furnish, subject 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 pole, The location on the poles of this fire and police wire space shall be determined on spec Iflc applications for space, at the time the applications are received from the City; and will be allotted in accordance with the considerations for oloc'trical construction of the United States Department of Commerce, Bureau of Standards. In its wire construction on the Telephone Company's poles, the City will follow the suggestlona 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 such manner as not to Interfere with, nor create undue hazard in, the operation of the telephone system of the Telephone Company, The Telephone Company shell not be responsible to the City for any cla..ms, demands, losses, suits, judgments for damages or Injuries 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 HERB 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 ongineeringly feasible, If light or power attachments are desired by the City or for the City, then a further separate noncontingent agreement shall be a prerequisite to such attachments by the City; however, joint use u: doles unwar a separate agreement lust be permitted. Nothing ue 5 '7' ' .t herein contained shall obligate or restrlat the Telepone CoMp,,ny in exercising its right voluntarily to enter into pole attach. mant, pole usage, point ownership, and other wire space and facilities agreements with the Ilght and power companies and with otherwise using companies which may be privileged to operate within the City. SECTION X1, No EXCLUSIVE PRIVILEGES CON-PERR80 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 the f Charter of the City of Denton 'SS TION M. SUCCESSORS AND ASSIGNS That the rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns, SECTION M i. LIABILITY OF CITY That during the period this ordinance is in existence and enjoyed by the Telephone Company, the Telephone Company shall indemnify and hold harmless the city from any and all claims for losses, damages and injuries occasioned to or sustained by any persons, firms or corporations, or their property by reason of the existence, maintenance, operation or continuance of this ordinance and the exArcise of all rights herein contracted for, except as herein othorwise provided, SECTION XIV, PERIOD OF FRANCHISE That the right, privilege and franchise hereby granted shall be for a period of twenty (20) years from and after its effective date herein after provided, SECTION XV, BRBACH OF ACREEMENT If the City shall believe that the Telephona Company has js breached any provision hereof, the City shall give written notice thereof to the Telephone Company specifically pointing nut the breach complained of and the City shall take no further dLtlon, leg.;: or otilerMise, by reason of any Suca ureac,+ unies. ;.J noo T ahJ wl:ii tun Calaplti0ne company shall have fallod to take atape to aliminato sucn breach Cora poriod of sixty (60) days after said written notice is given, SECTION SVI, PARTIAL INVALIDITY AND REPEAL PROVISION That if any section, sentence, clause, or phrase of this ordinance is for any reason hold to be illegal, untre viros or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this ordinance and agreements in conflict herewith are hereby repealed SFCTION YVII, DELEGATION OF AUTHORITY That the City may delegate to a designated official or officials the exercise of any and all of the powers conferred upon the City hereby or by applicable State statutes and laws which relate to the supervision and regulati* of the Telephone Company in its exercise of the rights and franchises herein conferred, but the governing body of the City shall reserve to Itself exclusively and to the full extent possessed, all powers, if any, to fix and regulate charges and rates of the Telephone Company givor, the City by law and this franchise, All lawful r-owors not delegated by the governing body of the City are reserved to, and shall be exercised 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 open 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 Qf the United States or of the State of Texas or under ~r pursuant to the authority of any such law shall be deemed proper and sufficient accounting as to all matters covered thereby,. SECTION AU1I1, RATE REGULATION ?hat it Is mutually understoo,. and agreed that any regulatlon or fixing of rates to us charged by the Telephone PAGb 7 F Gemp.,:;y to the Innaoit all ts of the City 511411 U0 pursuant to autn~rtty grantec oy the Public Utility Commission of the State of Texas, and in accordance with the laws of said State in offect at such times provided, however, that if the Telephone Company makes an application to change vxlsting rates `tTie Telephone Company agrees to reimburse the CItZ of Der to or E nd r e as on a b exp enses of any independent study and g le evaluation e~ f the nrnp rates by consultants, engineers, and attorneys specially employed by the C1tY r That 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 AOREBMIiNT That the Telephone Company shall have sixty (60) days from and after the passage and approval of this ordinance to file its Written acceptance thereof with the City Secretary, and upon such acceptance being filed, this ordinance shall take effer.t and be in force from and after the date of its passage ands approval by the Mayor, and shall effectuate and make binding the agreement provided by the terns hereof. PASSED AND APPR(VED this the _lt!day of A f lug L 1983. PASSED AND APPROVED this the day of 0 0983. PASSED AND APPROVED this the day of 1983, s R CI Y OF D NTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORME C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY. PALL s i CITY OF DENTON MEMORANDUM Tot The Mayor and the Members of the city council FROM4 Bill Angelo, Senior Administrative Assistant DATEi November 9, 1983 SUI3JECTt AGREEMENT WITH THE 'T'OWN OF LITTLE FILM I have attached for your consideration a copy of a proposed agreement between the Town of Little Elm and the City of Denton for the holding of animals impounded in the Town of Little Elm at the C.iLy of Denton's Animal Control Center. This agree- ment was drafted at the request of the Town council of Little Elm in order to aid them in solving a serious stray animal problem in their community. At the present time, Little Elm does not have the facilities to hold animals impounded in that community. This agreement will allow their animal conLrol officer to bring animals to our Center for holding until they are reclaimed. This agreement will also allow Little Elm to use our facility and staff for animals quarantined as rabies suspects, Since our Animal Control Division is subsidized by tax dollars, we have established a fee schedule which is somewhat higher than the fees charged to City residents, These fees will allow the city to recover the full cost of the services provided and realize a small profit, The additional workload we would experience as a result of this agreement would be s).J.ght and would not significantly affect our current operations, In addition, this arrangement will allow us to assist our neighboring community in solving a fairly serious problem. We would, therefore, recommend the approval of this agreement. should you have any comments or questions on this matter, please let us know. Respectfully submitted, sill Angelo BA/sc Attachment THE STATE OF TEXAS S COUNTY OF DENTON 5 R ENT wHERSAS, the City of Denton, Texas and the Town of Little Elm, Texas, municipal corporations with the authority and power to contract, do hereby enter into this Agreement oonoerning the holding of impounded dogs from the Town of Little Elm at the City of Denton Animal Control Center and in consideration of the mutual covenants set out herein agree as follows, A. Covenants of the City of Denton, 1. Holding of Impounded Dogs The City of Denton agrees to accept and hold dogs lawfully impounded by the Town of Little Elm or its authorized agent at the City of Denton Animal control renter. 2. Holding Period for Impounded Dogs The City of Denton agrees to hold such dogs for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal, If the animal is not reclaimed within the ninety-six (96) hour period the ownership of the animal shall revert to the City of Denton and the animal will be held for adoption or humanely destroyed, 3, Holding Fees for Impounded Dogs For the purposes of this Agreement the City of Denton will charge a five dollar ($5.00) per day holding fee for each day that an animal is held at the Center. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal 0.11 be released until all applicable fees are pair in full, 4. Holding of Ouarantined Animala The City of Denton agrees to accept and hold rabies suspects in quarantine for the Town of Little Elm when conditions permit, 5. Holding Fees for Ouarantined Animals The holding fee for quarantined animals shall be established at six dollars ($6,00) per day for each day that the animal is held. PAGE ONE OPEN t 6, Head Shipments agd Rabies Testlnc V on request of the Town of Little E1 , the City Q Denton will provide for the removal and ship- ment of the heads of rabies suspects for clinical rabies testing at the Texas Department of Health, The fee for this ahrvioe shall be established at thirty five dollars ($35.00) for each head shipped, B. Covenants of the Town of L'ttlg Elmi 1, Financial Responsibility in order to reimburse the City of Denton for its costs incurred under this Agreement, the Town of Little Elm will be responsible for the holding fees and euthanasia fees on all cogs received from the Town of Little Elm or its authorized agent if the animal (S) is not reclaimed by its owner, These fees will be assessed on the following basisi (a) Euthanizea Animal $5,00 per day holding fee for four (1) days $20400 $6,00 Euthanasia Fee 6100 Total Fee $26.00 (b) Adopted Animal $5,00 per day holding fee for four (4) days $20.00 (o) Head Shipments $35,00 2. 'tndennificatione The Town of Little Elm agrees to protect, defend, indemnify and save the City of Denton, its officers, directors, employees from and against all claims, demands and causes of action of every kind and character, without limit and without regard to the cause or abuses thereof, that may arise as the result of the performance of this contract, 'C. Term of Agreement, The term of this Agreement shall be for a period of one (1) year from the date of execution hereof. Either party may terminate this Agreement, without cause, upon, thirty (30) days written notice to the other. EXECUTED this the day of 1983, CITY OF DENTON, TEXAS RIUHARD . A , MAYOR PAGE Two k ATTESTI CHAAE V' LL A Z TV- LAY CITY 0? DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J, TAYLOR, JR „ CITY ATTORNEY CITY OF DENTON, TEXAS 8Yi EXECUTED this the day of , 1983, r TOWN OF Ul = ELM, TEXAS MAYOR~ ATTESTi TOWN SECRETARY TOWN OF LITTLE ELM, TEXAS PAGE THREE November 15, 1983 CITY COUNCIL AGENDA ITEM SUHJECTI Consider Providing Water,/Sewer Service for Mr.. R, 0, McDonald Outside Denton's City Limits to Serve a Single Family Residential Subdivision, SUMMARY; Mr. McDonald plans to build a five hundred fifteen (515) lot residential subdivision on a one hundred twenty-nine acre parcel of land which is located on the east side of Grissom Road about 1.5 miles east of the Denton City limits, Mr. McDonald is requesting water and sewer service from the City of Denton for this development, if this request is approved, the Developer would extend a IV waterline from the proposed waterline that will serve the Champion Mobile Home Development on East McKinney Street (FM 426). The exact routing of this waterline has not yet been determined and is subject to availability of easements and the Utility Department's approval of the proposed routing. The Developer is aware that a 10" waterline will be required to serve his development. oversizing cannot be addressed until the final routing of this 10 line is determined. It should be noted that this water line will be an extension of an existing dead end line. Even after the completion of the Loop water line project, both Champion Mobile Home Park and Mr. McDonald s development will be served by a non-looped water, system. To provide sewer service, the Developer would have to build two lift stations on his property and run a force main to one of two proposed loontions. The first option would be to discharge to an existing lift station on Grissom Road. This would require significant improvements ,to this existing lift station and the Developer is willing to bear this expense. The second option would be to discharge into the nearest available gravity sewer which, in this case, is a 10" line on FM 426 referred to as the "Vacation Village-Royal Oaks Outfall Line", a distance of approximately 3500 feet. It should be noted that in any case, this proposed development is of such maggnitude that it will require approximately 50% of the existing capacity of this outfall lines. This capacity is currently available. However, any significant future growth in this watershed would require ad&Ltional outfall capability to serve it. 2644U/15 FISCAL SUMMARY1 All installations to be at Developer expense, ALTE;RNATIVgS1 1, Approve request for water and sewer service, 2. Deny the request and allow the Developer to use septic tanks or package wastewater treatment system and install his own well. ACTION REQUIREDI Recommendation from the City Council of approval or disapproval of subject request for water/sewer service outside the Denton city limits. RECOMMENDATION; The Staff recommends approval of Mr.. McDonald's request for such water/sewer service outs' a Denton city limits, so long as all plans and speci.fl., <tions are submitted to the City for review, and all installations are done according to City of Denton specifications and ordinances, This item will be reviewed by the Public Utilities Board at their meeting of November 14, 1983. Any recommendations and comments received will be presented to the City Council at their meeting of November 15, 1983. Respectfully, R. E. Nelson Director of Utilities EXHIBIT I Letter of Request dated 10/10/83 II Location Map 2644U/16 ~asua oHRIST Is LoRp BURKE ENGINEERING MAN SURKE, P.M OONSULTINO 01VIL aNOINNIR 10 October 1983 Mr. Tim Fisher City of Denton Utilities Department Service Center Denton, Texas REt 1,Akevlew Oaks Dear Mr, Fishers A am writing to ask that we be placed on the agenda of the Denton Utility Board at the next appropriate meeting in order to request water and sewer service from the City of Denton to serve an anticipated 500 lots at the referenced project, which is located on the East side of Grissom Rd, about 1,5 miles East of the Denton City Limits. The nature of the project is a single family residential subdivision with water and sower systems that meet current City of Denton design criteria and construction specifications. The property is owned by Mr, R. 0. McDonnell of Whiteaboro, who plans to construct the improve- ments himself. Current plans are to construct lots from 60' to 80' wide with 100' minimum depth, We propose to construct gravity sewer lines to serve as much of the property as possible. However, due.to the topography, two lift sta- tions may ultimately be required to provide sewer service for the entire tract. The most feasible out£all for the Lakeview Oaks trunk line appears to be the wet well at the lift station on Grissom Rd. near the center of the tract. We would expand the pump and/or wet well capacity at this lift station if needed to meet the demand of the new development. I have examined the capacity of the 10" gravity line at the end of the force main from this lift station and it appears that current peak demand is about 29% full capacity, whereas with the Lakeview Oaks load imposed on this line it would have a peak demand at about 81% of full capacity. 00 W. HICKORY $T. (117111b3714 DENTON, TEXAS 78201 a 1 -2- 140 propose to extend a City of Denton water line to the property for water service, At present we are not sure whether the best route for this exten- sion would be Eastward along McKinney St, to Grissom Rd, or E:iatward to Grissom Rd, from some other point, but we will work to satisfy the Utilitl.es Department staff of the City of Denton on this matter. We anticipate a 14 diameter water line may be required for the extension, I have enclosed a preliminary plan of the project, and T will also be glad to answer any specific questions that may come up, Respectfully, Brian Rurke 7 11 1.ti 1' 1'111.f~~ KVKU ri, a po IN Oil, t!! 1Ji a'_ " ' .10 ;4m , ~ I I ? qi Y1wR MAf~.I ~ 1 Q C g ~ ill Y ,i G~ t, L P"61 F. "m 1 ,r ~ I 1 lei/ ~ ~ Tlry~ ~~r. J' ~ 1 JI• 1'o ik m T sd IN ii,,11 •.I 10 ERSH J. ,F ararl All S \ r' PINTH 0 Tfdl~ a~ pow'38'' w'' J' I• o,,, o y7(/i b f'~ 1'31~W ; ,39 .;;5' :a a . , F T N r \ 1 r t November 150 1983 CITY COUNCIL. AUENDA ITEP! SUBJECT Consider Extension of Option Agreement with P & 8 Contractors, Inc., for Diesel Plant Sale. SUMMARYi The Option Purchase Agreement with P&B Contractors expired September 1, 1983. This Agreement has a rider that gives P&B the right of first refusal for a six (6) month period beginning September 1, 1983. The Public Utilities Board, on September 13, 1983, and the City Council, at their meeting of September 20, 19830 approved a renewal option Purchase Agreement with P&B Contractors with the following terms; 14 A 60 da extension which would negate the subsequent right of first refusal for, six (6) months. P&B would pay $10,000 which would be applied toward the purchase price of any engine gonerator sale consumated during the extension period. The $10,000 was received and applied to the appropriate account. on October 4, 5, and 6, 1983, P&B and their prospective purchasers with their mechanics came to Denton to inspect the units. Mr. Pinkham has advised the City that it seems certain that the prospective purchaser will finalize their tTans, but not earlier than November 21, 1983, or later han January 1984. The attached Option Extension P&B has requested is similar to the first extension and extends the option to December 31, 1983, with an additional $10,000 to be applied toward the purchase of the units. FISCAL SUMMARY: $10,000 additional revenue. ACTION REQUIRED: City Council to acceptance or rejection of subject Renewal Option Agreement. 2644U/9 RECOMMENDATION; The Staff recommends that the Option Aggreement be extended to December 310 1983, The Staff believas that P&9 will purchase the two Fairbanks to protect their, option investment regardless of the pr)speotive customers' actions, The Public Utilities Board will be considering this item at their meeting of November 14, 1983, and their recommendation will be presented to the Council at their meeting of November. 150 1983. Respectfully, S I 6Z R, E. Nelson Director of Utilities EXHIBIT I P&B Original option Agreement- 3/1/83 P&B Renewal Option Agreement-9/20/83 P&B Proposed Option Agreement-11/83 2644U/10 OQQOaP o4 oac~wBaUU P & e caNrpacrnRs, INC, Na 730 N 17 TM., A.0 %0x In >AI 70{N0. 11 aoooUA~,O KANSAS arils i ~'3• All W IIbN "HONR 41:31 $09.3 oil (r. Ernie Tullos ae option on cower plant engines TO 14unic.ipal Building +I Denton, Texas 76201 - GENTIEMENI WE ARE SENDING YOU O Attached 0 Under separate cover via ._the following items, ❑ Drawings O Prints O Plans O Samples O Speciflcatlons O Copy of letter O Change order O COPIES OA TB NUMBER 0!$CRIPTION i i I i THESE ARE TRANSMITTED as checked below? O for approval REMARKS Dear Nr. Tullos. O For your use Enclosed are two copies of the option renewal 0 As requested f , agreement on the power plant enlzineogeneratars O Approved as submitted O Approved as noted _ I wish to thank you personally, and all the other O Returnedforeorrectlons Denton personnel for their cooperation and assistance O Resubmit...._.-copies for approval on this protect. Cl Submit copies for distribution If there az a any questions about the renewal agree- CJ Return corrected prints ment, please give me a call. !0 For review and comment Sincerely, ❑ For bids due 19 P dAtb 8 CONTRACTORS, '4 C' O Prints returned after loan to us C] SIGNEDf I gob D. Pin am lI ontloW/p on M! of "todo kindly notify w of ones. ti P&B 3X WRV ,7TH START _1- FPM OPFICB BOX 30 TMAPHOW 013) , ACRE EKE N T (RENEWAL OF OPTION TO PURCHASE PERSONAL PROPERTY) AGREEMENT, made and entered into this day of , 1983) by and between the CITY OF DENTON, TEXAS, hereinafter referred to as the "City" and P AND 8 CONTRACTORS, INC., a Kansas corporation, here- inafter referred to as the "Contractor", witnesseth: W EREAS, the City and the Contractor have entered into an agreement dated march 1, 198" providing for an option to purchase certain personal property; and an agreement dated September 20, 1983 to renew said option to purchase: Five dual fuel engine-generators as described in the agreement dated March 10 1983. 'Whoteas, the te.•,u of the original agreement and renewal agreement is due to expire, and the Contractor wishes to extend the agreement, now therefore: In consideration of the sum of Tan Thousand and 00/100 Dollars ($10,000.00) cash in hand paid, receipt of which is hereby aaknowiedged, I/we hereby bargain, sell, grant and give unto P AND 8 CONTRACTORS, INC. of Coodland, Kansas, all heirs, assigns, or representatives, the EXCLUSIVE option and right to purchase, for an additional period extending through December 31, 1983, upon the terms and conditions as set forth in the original agreement dated March 1, 1983, as modified herein and in the renefhl option dated September 20, 1983. WITNESSETH, that the Contractor under the terms of the agreement dated September 20, 1983 does relinquish all right and privilege to exercise his right of first refusal to meet and match any option or purchase agreement offered to any other party or parties for a period of six (6) months past the expiration date, and; That if a purchase agreement for any or all of the engine- generator units, as described, is entered into under the terms of this agreement; then the amount of monies extended under the agreement dated ;larch It 1983 shall be applied toward the purchase price of the units as set forth in that agreement; the monies extended under the renewal agreement dated September 20, 1983 shall be applied as speci- fied in that agreement; and the monies extended under this renewal agreement, dated this day of , 1983 shall not be pro-rated among the units, but shall be applied against the purchase price of any or all of said units, ind'vidually or collectively. INMW SAL98 ANO IN/TALLATION - i - pOW!!1 PLANT 9QUMM(NT PLAID SOWN rICHMMANS 4 P B (013) 011-WI , Page 2 of 2-- This agreement shall inure to and be, binding upon the parties hereto, their respective heirs, executors, administrators, successors, and assigns, WITNESS the hands and seals of the City and the Contractor this day of , 1983, P AND 8 CONTRACTORS, INC. CITY OF OENTON, TEXAS Bob D: yPinicham' y Attesti (Title or position of signer Attest; (SEAL) IMMM $ALI$ AND OWAUAIM ►OWtA nANr &QUOWNT A LD URWO TtCNNkfANA I T*- R P AND 8 CONTRACTORS, INC, ago WOST 17TH Box 34 8 00001,ANO, KANSAS 67736 , OHR(:K lI !PTIQN I I _ I 1~ . . dal oiu,11 FIRST NATIONAL BANK J I i'x „,I' n IN OOODIAND, KANSAS I. 160 i 40 2 S48441 0 4 0 28 2114 C 330 WEST 177H SIREEI POST OFFICE BOX 30 , TEUPHONE 1813! 898,96!1 P&B. ;!!WNTRADLAND, C100KANSAS srr3S4= CTORS INC. A G R E E M E N T O~ (RENEWAL OF OPTION TO PURCHASE PERSONAL PROPERTY) AGREEMENT, made and entered into this 20th day of September 1983) by and between the CITY OF DENTON, TEXAS, hereinafter referred to ds the "City" and P AND 8 CONTRACTORS, INC., a V.=sas oorporatiaa, hare-. inafter referred to as the "Contractor", witnessetht WHEREAS, the City and the Contractor have entered into an agreement dated March 1, 1983 providing for an option to purchase certain personal property, to-Witt Five dual fuel engine-generators as described in the agreement dated March 1, 1983. W71EREAS, the term of the original agreement is due to expire, and the Contractor wishes to extend the agreement, now therefore; In consideration of the sum of Ten Thousand and 00/100 Dollars ($10,000,00) cash in hand paid, receipt of which is hereby acknowledged, T/we hereby bargain, sell, grant and givs unto P AND B CONTRACTORS, INC. of Goodland, Kansas, all heirs, assigns, or representatives, the EXCLUS VE option and right to purchase, for an additional period of two (2) calendar months from the date hereof, upon the terms and conditions as set forth in the original agreement dated March 1, 1983, as herein modified. WITNESSETSl that the Contractor under the terms of this agree- ment, relinquishes all right and privilege to exercise his right of first refusal to meet and match any option or purchase agreement offered to any other party or parties for a period of six (6) months past the expiration date of the option agreement as set forth in the agreement dated March It 1983, and; That if a purchase agreement for any or all of the engine- generator units, as described, is entered into under the terms of this agreement; then the amount of monies extended under the agreement dated March It 1983 shall be applied toward the purchase price of the units as set forth in that agreement; but the amount of monies extended under this renewal agreement dated this 20th day of September , 1983 shall not be pro-rated among the units, but shall be applied against the purchase price of any or all of said units, individually or collectively. ENGINE SALES AN0 INSTALLATION POWER PLANT MOMENT relP►oNe 19* 1 f OOODIAND, ►ANSAS 67735-0094 10 CONTRACTORS INC. page 2 of 2 This agreement shall inure to and be binding upon the parties hereto, their respective heirs, executors, administrators, successors, and assigns. WITNESS the hands and seals of the City t9B3nd the Contractor this 20th day of Seotembsr, , e AND B CONTRACTOM, INCA CM OF DENTON, TEXAS ~.r Z B ~ D, finkham (Title or position of signer) Attest / Attest: ( SEAL) (SEAL) t ENGINE SALES AND INSTALLATION POWER PLANT EQUIPMENT FIELD SERVICE TECHNICIANS 330 WEST 17TH SMWo POST OFFICE SOX 30 TELEPHONE 18131 89936/1 I'P&B 6 GOODL4NO, KANSAS 67735-= A G R E E M E N T (OPTION TO MCBASE PERSONAL PROPERTY) AGR M-n=, made and entered into this ISt day of MARCH 83 1983, b7 and between the CITY OF DENTON, T.tTC2.S~, hareina tar refarred to as the "Cit7" and P AND B CONTRACTO&S, INC., a Kansas Corporation, her t inaftar raf arred to as tha "Contractor", Vitaeaaatht WEEREAS, the City owns and oparates a municipal elactrical gan- eration system, and WIiRRE-~.S, the City has determined that five engine-ganarators are not n6cessa:7 to said generation system and ought to be sold, and WRER".AS, the Contractor desires the opportunity to purchase one or more of said engine-gene.~ators, now therefore; In consideration of the sum of Five Thousand and 00/100 Dollars ($5,000.00) cash in hand paid, receipt of which is hereby acknowledged, Y/we hereby bargain, se11, grant, and give unto P FidD B CONTP.ACTOR3, ZNC. of Goedland, Kansas, all heirs, assigns, or representatives, the = CLCS.IPE option and right to purchase, for a period of six (6) calen- dar months from the date hereof, upon the terms and conditions set out herainbelow, the foi?owing-described personzl property located in the Cit7 of Denton, Denton County, State of Texas, to-wits 1--Fairbanks-114orse Model 31AD18 engine, serial number 955148 and its attached generator, serial number 597649. A purchase price of Sevent7 Thousand and 00/100 Dollars ($70,000,00) has been established for this combined unit, as is, where is. 1-Fairbanks-Morse Model 31AD18 engine, serial number 967806, and its 'attached generator, serial number 599467, A purchase price of Sev ent7 Thousand and 00/100 Dot?ars ($70,000.00) has been established for this combined unit, as is, where is, 1 -Nordberg Model TSG engine, serial number 2012-0014A and its attached generator, serial number 1458. A purchase price of Fifty Thousand and 00/100 Dollars ($50,000.00) has been established for this combined unit, as is, where is. 1--Nordberg Model TSG engine, serial number 2012-0014B and its attached generator, serial number 1457, A purchase price of Imo.-----, .r EfVGik[ SALlS ANC INSTALLATION tpWEf. ►UM fGUIMdeNT a Mft_b rkv,LS iF HHI f..IS. ' IP&B 330 WEST 17TH MEFr nV OFMC6 SOX 30 TEL$PHONE (9131 04M GOODL4ND, KANSAS 67736=0 page 2--Denton, Texas Fifty, Thousand and 00/100 Dollars ($$0,000,00) has been established for this combined unit, as is, where is, 1--Nordberg engine, serial number 2012-•0491 and its attached generator, serial number 152642. A purchase priea of Sixty, Thousand and 00/100 Dollars ($60,000.00) has been established for this unit, as is, where is. The purchase shall include all valves, accessories, piping, fittings, special tools, spare parts, operating manuals, parts books, blueprints, schematic drawings, diagrams, gauges, gauge boards sad switch Saar, or any, items, wherever stored or housed, now owned or controlled by the City o! Denton, Texas, whether specifically called out or named or not, pertaining to the above engine-generators and/or necessary to maintain them'as individual operable units. °xcepting that, (a) When any system is shared in common by more than cts (1) generating unit; specifically, but not limited to the starting air system; the cot:mon equipment, or accessories shall be divided as equally, as possible among the shared engine-generators; (b) That if a purchase agreement for any engine-generator is entered into under the tar= of this option, an amount equal to one-fifth ,(1/5) of the option amount shall be subtracted from the purchase pries of each engine purchased, (c) That if the Contractor shall exercise his right of purchase of all five before-described engine-generators, the bridge crane presently installed in the building housing these units sha11 be included in the sale as as accessory item. It being specifically understood that if the Contractor shall exercise his right of put asase for fewer than the described five engines, no part or portion of the bridge crane shall be included in the purchase, excepting that any -portion of alzatrical gear shared in common by the bridge crane and the engine-generators purchased shall be considered as part of the engine-generators. the purchase of less than five engine-ganerator units she.11 not preclude the, right of the City and the Contractor to negotiate the sale of said bridge crane under a separate agreement, ENGINE SALES AND INSTALLATION POWER nA,r EQUIPMENT FIELD SERVICE TECHNICLANS t IP&B 330 wur-r i7rH sT aT POST QMC2 Sox 30 TE2.4PHON8 19191 8933671 GOOOWNO, KANSAS 6n3S-= page 3-Denton, Tnxaa All engines shall be sold at the purchaser's rink on an as is, where is basis, The City rakes no warranty or guarantee, expressed or implied, on any of the above-described angine-generators. A11 payments between the Contractor and the City of Denton shall be made is lawful and legal tender of the United Statas of Amarica, Twenty'pereent (20X) of the purchase price of any engine--generator purchased under the terms of this 'agreement shall become due and payable when removal operations begin. The balance of the purchase price shall become due and payable before the engine-generator is removed from the premises of the Denton Power Plant. This option =7 be exercised only by the Contractor by full performance of each and all of the following) (1) The Contractor shall notify the City that the contractor is ready, will:ag and able to commence removal operations... (2) The Contractor shall deliver to the City an amount equal to rwenty percent (20X) of the purchase price of the engine-generator in cash or aartifiad :ands. (S) The Contractor shall execute and deliver his promissory note in at amount equal to the balance of the agreed purchase price, payable on demand -.rithout interest. (4) The Concraetcr shall deliver insurance certificates covering the performance of the work of removal of said engine- generator in as amount of One Rundred Thousand Dollars ($100,000.00) Should the Contractor fail to exercise his right of purchase under the terms of this option agreement, the City may, at its discretion, offer the Contractor the opportunity to renev the option upon mutually agreeable tarms"' Recogmizing the City's right to accept or decllae a renewal of this•option, both the City and the Contractor mutually agree that P and B Contractors, Inc. shall be guaranteed the right of first refusal to meet and match amp option or purchase agree- ment offered to any other party or parties for a period of six (6) calendar months past the expiration date of this option agreement. ENOINE SALtS AND INSTALLATION - - POWER PLANT EGUIMAENT ~I FIELD SERVICE TECHNICIANS . 1 P &B 330 WEST i7TH SMS7 POSY OFF C$ Box 30 7ElPAH6NE 19131 8393671 ;rXL OOODIANDO KANSAS 67735-0030 page 4w--Denton, Texas This agreement shall inure to and be binding upon the parties hereto, their respective heirs, executors, administrators, sueaassors, and assigns, WtxNExN ; . tha bands and seals of the Citq and the contractor this daq 'of &,Y e 2983 P AND B COA"TRACiORS, LAIC... CITT OF DEMON, Bob D, Pinkham`. or po on of signer) ASTESTi (Tit-la- ATTEST: (SLIL) (SEAL) ~I Nove4dor 15, 1983 CITY COUNCIL AGENDA ITEM 1 SUBJECT: Consider Participation in Oversize Waterline (12") for Cha inn Mobile Home Park (E. McKinney Street near Mayhill Road). SUMMARY; On May 250 1983, the Public Utilities Board approved the request from Mr. William P. Phillips, Jr., on behalf of Champion Rome Communities to be served with water/sewer service outside the City limits. This recommendation was ubsequently approved by the City Council op June 7, 1983. See Exhibit I- Minutes from PUH Mtg. of 5/25/83 and City Council meeting of 6/7/83) Since that time, there has been an increase in proposed development in this general area which demands a larger water line than that which previousIX was recommended. The line that was recommended was an 8 water line tieing in with an 8" at Mayhill Road. It is now, however, believed by the Utility Engineering Staff that a 12" water line should be placed in this location with a subsequent 12" from Mayhill Road to Loop 288 where it will tie into a . larger water line presently in the 1983-84 Capital Improvements Program. The addition of this 12" water line proceeding east on McKinney Street will ultimately afford better fire protection, water pressure and quantity of service to residents in east Denton. FISCAL SUMMARY- 4,5601 of 12" Water Line Total Project Cosp, $1180560 98 040 Developer Share 8' 120,'520 City Share Source of Funds: Bond funds Account #623-008-0461-9114 ($75,000 was budgeted in FY 1983-84 Budget for oversizing and no projects have yet been funded.) ACTION REIIJIRED: Approval or disapproval by the City Council of subject.. participation in oversize of water line to 12" diameter and authorization of staff to advertise for bids for the City's share of the oversize line. 2644U/3 ALTERNATIVESt Allow Developer to install 8" water line at no extra cost to the City which may necessitate the Clay having to replace this line for a larger water line in the near future. RECOMMENDATION: The Staff recommends that the oversize of this water line to 12' diameter be approved and that the City be authorized to go out for bids on this project. The Public Utilities Board will be considering this item at their meeting of November 14, 19830 and their recommendation will be presented to the Council at their meeting of November 150 1983. Respectfully, R. E. Nelson Director of Utilities EXHIBIT I Minutes PUB & CC Meetings II Letters between the City and Developer Attorney III Location Map IV Participation Agreement-Wtr/Swr Lines 2644U/4 City of Denton City Council Minutes Meeting of June 7, 1983 Page Fourteen Council Member Hopkins asked to hear from the Beards, Ms, Lois Beard stated that they have been in the area for 10 years and have 7 people living in the home, They are having to haul water in now, Mayor Stewart asked Nelson if the Beards would have to pay the pro rata share, Nelson replied yea, Council Member Stephens asked if there was any proposed development in this area, Nelson responded that he did not believe so, Council Member Hopkins asked to be kept informed, Hopkins motion, Alford second to approve the request for water service, Motion carried unanimuusly, 11, The Council considetod approval of a request from William P, Phillips, Jr„ on behalf of Champion Home Communities to be served with water and sewer service outside of the City limits. (The Public Utility Board recommends approval,) Mr, William Phillips, representing Champion Home communities, stated thar his client, had bought property for a mobile home park and was now requesting water and sower service, The park property is outside of the City Limits, Mt, Phillips stated that the Council was aware that most people cannot buy a home and that there was a need for this type of housing, Mr. Phillips also stated that Mr. Kellogg, engineer for Champion Homes, was available to answer questions. Council Member Hopkins requested to hove Mr. Kellogg appear, Mr. Kellogg stated that this park was in the preliminary stages, Council Member Hopkins asked what types of facilities would be available, Mr, Kellogg responded that there would be 800 pads built in three phases and a modest club house was to be built, Council Member Barton asked if Champion Home communities had built any other parks that the Council might know, Mr, Kellogg responded that the firm had built other parks in hi, chigan, Council member Batton stated that the Council was not against mobila home parka, Council Member Stephens asked about the timetable for completion of the park. Mr. Kellogg responded that 200 pads would be completed each year and that the total project would be completed in 4 or 5 years. gob Nelson, Director of Utilities, reported that the City has the right and responsibilty to serve this area and that the developer had agreed to pay, , Mr, Lamont Brown stated that he owned property which was contiguous to the proposed mobile home park, Mr, Brown Stated that he was not against mobile home living but was asking the Council to table this request, 4 s meeting of Denton City Council Minutes eeting of June 7, 1983 Page Fifteen ?1r, Brown 'handed out information to the Council on the Champion Home Communities firm. mt. grown cited that the developer would put in 200 pads immediately and he felt that if the City was pro owing annexation of the area, the area should be within the City limits so the developer would come under the City codes, Mr. Brown also stated that the Denton Development Guide galled for low intensity land use in the area and he felt that the mobile home park would be high intensity. Mr. Brown reported that he had been involved in discussions regarding developing his property but the other party had ended the discussions when informed of the mobile home park. Council Member Riddlesperger asked how long Mr. Brown thought the Council could delay the request for water and sewer service; Mr. Brown responded that, according to the annexation guidelines, he felt the request could be tabled for 30 to 60 days, Chew motion, Stephens second to approve the to cost for water and r sewer service. ,lotion carried 5 to 2 with Council Member Riddlesperger and Mayor Stewart casting the opposing votes, 12. The Council considered approval of reduction of retaina e for Cullum Construction Company, Contract C-48.1188-23, Bid ! 9202. (The Public Utility Board recommends approval,) Bob Nelson, Director of Utilities, stated that this reduction of retainage was allowed by the EPA, The City had been holding a 5% retainer and CL41um was requesting a reduction from 5% to 1%. Hopkins motion, Chew second to approve the cedudtion of retainage, motion carried unanimously. 13, The Council considered approval of Change Order 114,, Contract C-48-1188.03, Wastewater Treatment Plant, from Gracon Construction Company and Freese and Nichols, Inc., Bid 1 6753, (The Public Utility Board recommends approval.) M Nelson Director of Utilities, reported that there were six ferent items on this change order, The Wastewater Treatment Plant is effectively finished and these change orders would clean up the project and get these items off of the EPA's books. Hopkina motion, Chew second to approve Change Order F14 from Gracon and Freese and Nichols. notion carried unanimously. 14, The Council considered approval of final payment of estimate 112, Contract C-48-1188-03 effluent filters for Gracon Construction Company, (The Public Utility Board recommends approval.) Bob Nelson, Director of Utilities, reported that the effluent filters were completed and working very well. This would be the final payment for the filters. Barton motion, Hopkins second to approve the final payment for Gracon for the affluent filters, Motion carried unanimously. 15. The Council considered approval of a resolution appointing a representative to the texas Municipal Power Agency Board of Directors. The following resolution was presented; R E S O L U T I O N WHEREAS, the term of office for Place 4 of the C1ty of Denton, Texas on the Board of bi:ectors of the Texas Municipal Power t.gendy will terminate July 1, 1933; and f+ 'i 1 , CJrYof Damrom TEXAS MONJCIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE ($17) $664200 June 13, 1983 Chain ion Home co=unities O~ tr wr ervice Outside enton City Limits C Mr. William P. Phillips Jr, Lawyers Building, 101 N. Elm St. Denton, Tx 76201 Dear Mr, Phillipsi Your request for water/sewer service outside the city limits was presented to the Denton City Council June 7, 1983, and subsequently apprpved, providing all City of Denton specifications and requirements for such installations and maintenance are met, Specifications and plans for this project must be submitted to the City Planning Department and the Utility Administration Department for review and approval prior to construction, Regards, C, David Liam, P.E. Asst. Dir. of Utilities Water/Wastewater Divisions CDH1cr cci Jerry Clark, Planning Department R.E. Nelson, Director of Utilities Earl Jones, CIP Coordinator file 2133U/3 June 7, 1983 CITY COUNCIL AGENDA ITEM ~ n SUBJECT; Consider Request from William P, Phillips, Jr., on Behalf of Champion home Communities to be Served with Water/Sewer Service Outside the City Limits. SMA"Y; Nr, Phillips states the developer plans to build on approximately 104 acres of land with approximately 800 units, he will pay all costs to extend water lines on McKinney Street trom Mayhill Roaa to the east property lines of his property. (See attached location map). rir. Phillips a)_so stated he will meet all City of Denton specifications and' requirements for the installation and maintenance of the proposed lines. FISCAL SUMMARY; Not applicable. ACTION .REQUIk1rL; Approve or disapprove subject request. ALTEPNATIVES; 11 Approvq subject request as long as the owner meets all City of Denton specifications and requirements for the installation and maintenance of the proposed lines. 2. Deny the request and allow the owner to drill a well and install septic tanks. RECUMhIENDATION; The Public Utilities boara, at their meeting of May 25, 1983, recommended to the City Council that the request for water ana sewer service outside the City limits be approved providing the Owner meets all City of Denton specifications and requirements. Respectfully, K,E. Nelson Director of Utilities EXH1131T I Location Map 2091U-7 7 A brief discussion followed regarding the Freese and Nichols final payment amount. Laney asked if the contract was on a not-to-exceed basis, Nelson explained the contract amount was without the effluent filters and the contract was amended, Herring asked if the $737 could be held until the final amount was known, Ham replied he would rather pay it now and figure the final amount later, Herring made a motion to recommend to the City Council the final payment to Gracon Construction Company in the amount of $61,135,05 and table the final payment to Freese and Nichols, Incorporated until the next meeting. Second by Cryan, four ayes, no nayes, motion carried, 8, ~CONSIDER REQUEST FROM MR. BEN PINNELL AND MR. JOHN H. KING FOR JF~1y1lHRY SEWER bERVICE UTS LE DENTON CITY LIMITS. Ham briefed the Hoard on this item stating Mr, King and Mr. Pinnell have requested sanitary sewer service outside the City Limits approximately 3 miles east of the Hickory Creek Lift Station on Highway 2181. If this request is granted, Mr. King and Mr. Pinnell have agreed to install a lift station on their property and a force main along Highway 2181 to the City's station at their expense and they will monitor and maintain this proposed lift station and force main as long as it is in use. A brief discussion followed. Coomes made a motion that the Staff look into this matter further and talk to the City of Hickory Creek about it. Second by Herring, four ayes, no nayes, motion carried. 9. CONSIDER REQUEST F OM WILLIAM P. P ILLIPS JR. ON BEHALF OF CHAMPION HOME COMMUNITIES TO BE SERVED WITH WATE EWER R CE 0 T IDE THE IT M 5. Ham briefed the Boarc on this item. Ham stated the map shows water/sewer would come from existing lines and the City would benefit from this and receive pro-rata. Ham also stated the developer will pay all costs to extend water lines on McKinney Street from Mayhill Road to the east property lines of his property and will meet all City of Denton specifications and requirements for the installation and maintenance of the proposed lines. After a brief discussion, Herring made a motion to recommend to the City Council the request for water and sewer service outside the City Limits be approved providing the owner meets all City of Denton specifications and requirements. Second by Cryan, four ayes, no nayes, motion carried. May 23, 19x3 PU8'LIC UTILITIES4HOARD ACZNDA ITEM #7 SUB.7E CT: Request from William P, Phillips, Jr., on Behalf of Champion Home Communities to be Served with Water/Sewer Service Outside the City Limits, SUMMARY: Mr, Phillips states the developer plans to build on approximately 109 acres of land with approximately 80.0 units. He will pay all costs to extend water lines on khc Kinney Street from Mayhill Road to the east property lines of his property, (See attached location map). Mr, Phillips also stated he will meet all City of Denton specifications and requirements for the installation and maintenance of the proposed lines, i' FISCAL SU!viMARY= Not applicable. ACTION REQUIRED: Make appropriate alternative recommendation, to the City Council. ALTS RNATI VE 5 : 1. Approve subject request as long as the owner meets all City of Denton specifications and requirements for the installation and maintenance of the proposed lines, 2. Deny the request and allow the owner to drill a well and install septic tanks. STAFF RECOMMENDATION: The Staff recommends the request for water and sewer service outside the City limits be approved providing the Owner meets all city of Denton specifications and requirements. Respectfully, C. David Ham Asst. Director of Utilities Water/Wastewater Divisions EXHIBIT I Location Map 2072U-6 :tD> CITY of DINMN, TEXAS MUNICIPAL BUILDING / OENTON, TEXAS 7620T / -rasPHONE (8171566-82C May 11, 1983 Your Latter of MA41 5,'1983, Champion Mobile Home Communities rnc. equest or water Sewer Service- E. DSc Kinney St, Mr. William P. Phillips Jr. Lawyers Building, 101 N. Elm St. Denton, Tx 76201 Dear Mr. Phillips: Since this property is located outside the city limits of Denton, ' Your request will need to be presented to the Public Utilities Board and to the City Council for review and final approval,. When such %pproval is received, the owners of the property would be required ,:o extend an 8" water line from Mayhill Road to the east property ine on E. McKinney Street, also, they would be requested to loop the water, system inside their park. A 10" sewer line could be extended from Grissom Road to the west property line, or from Mayhill Road to the east property line, whichever would give the proper grade and be the most feasible to install. Such installations will need to comply with the City of Denton specifications on materials and installation. Since McKinney Street is maintained by the Highway Department.. we would need a 16' easement off of the highway right-of-way. This would need to be an all-purpose utility easement granted to the, City of Denton. Your request will be presented to the Public Utilities Board May 25, 1983, and if approved, to the City Council approximately June 70 1983. rf you have any questions, please do not hesitate to contact me at 566-8202. Regards, C. David Ham ist. Director of Utilities ;qtr/wastewater Divisions CC. R. E. Nelson, Director of Utilities ~fieffon, v , c~°arrtea, ~!'vad c°f c~rr-cars 7 h11LLBR OAVIpOE, Jq. ATTOANBY$ ANO COUNULOA$ AT LAW M.P, OUNCAN, III LAWYERS 6UILOINO TEL6PHONOt (417) 6667010 R06EAT N. EAMES 101 N. ELM METRO: (214) 404.1176 MIKE OAIFFIN UNION. TEXAS 78201 WILLIAM P. PHILIPS, JA, 06CATUA OFFICEI OAAY W SHELTON fob W. MAIN ST, OAVIO C, WHITE May 5, 1983 OECATUA, TEXAS 76204 A. WILLIAM Woo() TELEPHONES 18171 6276946 City of Denton Department of utilities 21°5 E - McKinney Denton, Texas 76201 Attention: Mr. Dave Ham and Mr. Earl Jones Gentlemen: Please b advised that Home Co uni'ties,Inc, Myclient'sloffice firm located eat s 12886 pion Fairlane, Livonia, Michigan 48150, Our en is sius of chasing ares of situated aboutc3200tfeetdeastoof thepintersection4ofcMayhill:Road and East McKinney Street, the same being on the extension of East ~ScKinney Street and the north side of East McKirme Street, The property is not located within the city limits of Denton, tdy client is the-developer of mobile home communities and plans to develop the said 104 acres for a mobile home community, My client does not intend to sell any of the land, but merely develop the property for a mobile home community and rent the lots. It is anticipated that there will be about 800 units, The purpose of this letter is to advise that my client is willing to comply with all the requirements of the City of Denton in regard to extending the sewer and water facilities to the proposed property site. In other words, it is willing to bear the expense as required by the City of Denton. toy client would like to have assurance, i nossible,before it actually purchases the 104 acres of land, that the City of Denton will furnish sewer and water facilities to the property, of course with my client complying with the requirements of the City of Denton and paying for such extension of said utilities. I have been ied b Mr. es Watkins of e Denton that this letternshould be directedlto Mr. Ham andtMr.CJotyinesf and that you will in turn submit this request to the utility board and that ultimately this request will be submitted to the honorable City Council of the City of Denton. i 1 City of Denton l Mr, Ham and Mr, Jones May 5, 1983 Page Two We have talked with Mr, Earl Jones of the City of Denton and he has suggested that possibly the best place to tie in the sewer would be to the gravity sewer located near Royal Acres Mobile Home Park on the Mulkey property further down east on East McKinney Street, I want to state that Mr, Tom Kellogg, who is the engineer for Champion Home Communities, Inc,, has advised that this would certainly be acceptable, but if a study was conducted which re- flected that the sewer should be extended from the intersection of East McKinney Street and Mayhill Road, certainly the client would be willing to seriously consider the city's recommendation, In regard to the water, it appears that my client would be required to extend the water from the intersection of East McKinney Street and Mayhill Road on to the subject site, and of course, my client would be willing to do so, I look forward to hearing from you at your earliest pos- sible convenience concerning this matter. Your help is very much appreciated, Yours truly, William P. Philips, Jr, WPP/dd $Xr5'fiNG rC 5TV16R AU,S7'p/~' Ip MAY~~II L RQ~D /F. 41 W. PXrs7rhe s"WATER-- ' RISPN4 s M rr l r 1r t rr , r ~ r I ~ J ell" IAC a~ ,T , GTiUT / ~ I Y F2; ~ ~ II . f / f lr, ~ m g 3 N G~ i PARTIQ PATION AORFEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS1 COUNTY OF DENTON THAT WHEREAS, CWIP(ON HOME COMMUNITIES, 12886 Fairlans, Livonia, Michigan, 481$0, is the developer of certain property shown on the attached plat, which plat is incorporated herein ;is if sat forth in full, in the City of Denton, Denton County, Texas, and Curtner described as a 104 acre tract on the north side of E. McKinney St., Denton, Texas, and Developer desires to serve such property with 4560 fast of on and offsita water facilities; and, WHEREAS, The City of Denton desires that such on and offsita water facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of 83-70 of the Code of Ordinances of the City of Denton, Texas; NOW, TIIEREFORE, THIS AGREEMENT, made this day of_ 1983, by and between CHAMPION. HOME COMMUNITIES, Denton, Texas, hereinafter called "Developer", and the City of Denton, Texas, a Rome Rule municipal Corporation of the State of Texas, hereinafter called "city"; WITNESSETRi 1. The Developers will install) by contract or othervisa, a 1,2" Water line and aoourtenances to serve the property described on the attached plat in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said facilities shall be located as shown on the attached map which is made A part hereof for all intents and purposes. 2. The City's share of the estimated cost of said facilities is approximately 20 20.00. Upon complacion of construction and acceptance by the City of said facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. 2633U-1 1 3, The City shall pay for its share of the facilities within thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties, 4, Title to said facilities is hereby and shall at all times be vested in the City, S. The Developer shall and do hereby agree to indemnify and hold harmless the City from any and all damages, loss ox, liability of any kind whatsoever, by reason of injury to property or third person oocastoned by any act or omission, neglect or wrong-doing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard cc the performance of this contract, and Developer will, at its own Coat and expense, defend and protect against any and all such claims and demands, IN WITNESS WHEREOF, this instrument is executed in triplicate originals this day of_, A,D, 1983, CHAMPION HOME COMMUNITIES By CITY OF DENTON, mus ATTESTt CHARLOTTE CITY OF DENTON,'TECITY XM L APPROVED AS TO LE" FORMt ATT CITY O RNEY 2633U•2 November 15, 1983 CITY COUNCIL AGENDA ITEM SUBJECTi Consider, Participation in Oversize Waterline (2411) to Service Denton County Electric Cooperative, Inc. on Loop 288. SUMMARY: The Hogan and Rasor,~, Distribution Study has indicated the need for, a large 24 water line to transport more water from the Water, Treatment Plant to the north side of Denton. This segment being constructed by the Denton Count Electric Cooperative, Inc., would be economically ndvan~ageous to the City in that only the oversize cost would be chargeable to the City. The Denton County Eluctr.ic Co-op would pay for the equivalent 8" water line, Sanitary sewer exists adjacent to the site. No pro-rata or oversizing is required for the sanitary sewer line, FISCAL SUMMARY: 2070' feet of 24" Water Line & 750' feet of 8" Water. Line Total Project Cost $129,975 Denton Co. Elec. Co-op Share of project 159,750 City Share of oversize 24" Water Line $70,225 Source of Funds: Bond Funds Account #623,008-0461-9114 (175$000 was budgeted in 1983-84 Operating Budget for water. 1 ne oversize and no projects have yet been funded.) ACTION REQUIRED: 1. Approval or disapproval by the City Council of subject participation in oversize of water line to 24" diameter and authorize staff to advertise for bids for the City's share of the oversize line. 2. Approval or disapproval by the City Council of Pro-Rata Agreement between Denton County Electric Cooperative, Inc., and the City of Denton for water line to serve this development. ALTERNATIVES: 1. Approve participation of City in oversize of subject water line. 2644U/1 , 21 Disapprove of subject participation at this time and approve installation of 8" water line whiall will necessitate greater cost to the City when 24' waterline constructed, 3, No alternative to pro"rata agreements RECOMMENDATION1 it The Staff recommends that the over,sizo of this 24" water line be approved and that the City be authorized to go out for bids on this projects 21 The Staff recommends that a pro-rata agreement be approved so that Denton County Electric Co-op may recover a portion of their water line investment, The Public Utilities Hoard will be considering this item at their meeting of. November 14, 1983, and their recommendation will be presented to the Council at their meeting of November 15, 1983, Respor,tfu ly,, R, E. Nelson Director, of Utilities EXHIBIT I Location Map II Participation Agreement III Pro-Rata Agreement 2644U/2 I s 43 930 S f0 rr„~ f~lS9iOMIL,h(a u r4 ,5920 - 5BA S 594 5 / ,"y, `h //1V~rlN Ly f ~e~O 1 AGa• v ~ ~ OP ! ~ \ 1 /r l ` `l.✓ ~ io I ~~f1 i 1 1 ` 01, (6105 J ~ ~ f ~ r 1 4041 04, 104 01, _ e~ ~TIQ~P~TIGU AG~~NT ~ THE STATE OF TEUS KNOW ALL MEN SY THESE PRESENTS1 COUNTY OF DENTON X THAT WHEREAS, DENTON COUNTY ELECTRIC COOPERATIVE, INC., is the developer of certain property shown on the attached plat, which plat is incorporated herein as if sec forth .ln 401, in the city of Denton, Denton Councy, Texas, and turther dasortbad as property on west side of Highway Wop 288 and north of Spencer Road, and Developer desires to carve such property with 1750 feet of on and offsite water line facilities; and, WHEREAS, The City of Denton desires that such on and offstts water facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to the provisions of 89.10 of the Code of Ordinances of the City of Denton, Texas; NOW, THEREFORE, THIS AGREEMENT, made this day of_, 1983, by and between DENTON COUNTY ELECTRIC COOPERATIVE, INC., Denton, Texas, hereinafter called "Developer", and the City of Denton, Texas, O Homo Rule municipal Corporation of the State of Texas, hereinafter called "City"; WITNESSEM e 1. The Developers will install, by contract or otherwise, a 20" water line and aoourtanancas to serve the property described on the attached plat in ecoordance with all City of Denton ordinances, rules, regulations, policies and procedures, The said facilities shall be located as shown on the attached map which is made a part hereof for all intents and purposes, 2. The City's share oe the estimated cost of said facilities is 4l 12 .00. Upon completioc of construction and acceptance by the City of said facilities, the actual cost of the City's participation in said facilities shall be determined and certified to by the Director of Utilities and his certificate setting out the City's cost of said facilities shall be attached hereto and made a part hereof. 2dt9U•1 Tne City shall pay for its share of the 4acill4ta4 wich 0 tnirty ($0) days from the date of accaptanoo of the facilities, or under suoh terms and oooditiona that are mutually acoapcable to the parties, 4, Title to said faoilitias is hereby and shall at all times be vested in the City. 3. The Developer shall and do hereby agree to indamnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third pr,rson occasioned by any act or omission, neglect or wrong-doing of Dave lop or, its officers, agents, amp joyeas, invitees, oontraccors or other persona with regard to the performance of this contract, and Developer will, at tcs own ooat and expanse, defend and protect against any and all such Claims and demands IN WITNESS WHEREOF, this instrument is executed in criplioete originals this day of_, A.D. LM. DENTON COUNTY COOPERATIVE, INC. BY CITY OF DENTON, TEXAS MAYOR, CITY OF DEFTO ATTEST; CITY OF OENTONi, TU" ci APPROVED AS TO LEGAL FORM; CITY ATTORNEY M;TON 1COUN'TYOELECTRICkC00PEERATI'lE, INC, Tnk MITE Of TVkS COUNTY Of DENTON KNOW ALL MEN BY THESE PRESENTSI THAT WHEREAS, DENTON COUNTY ELECTRIC COOPERATIVE, INC., is thi,,~evoloper/proparcy owner of a pieoa of property on Highway Loop 288, and that the Developer/Property Owner is required to pay the )cost of 17$0' of 20" water line and 750' of 8" water line with bore, totaling $100,815, and desires to extend such water line to his property under the provisions of Section 83.10 of the Code of y~ Ordinances of the City of Denton, Texas, as passed and approved the 5th day of July, A.D, 1983; and WHEREAS, the said Dave toper/Prot arty Owner or his assigns desires to receive reimbursement for such costs under the provisions of said Section 83-70 of the Code of Ordinances of the City of Denton, Texas, and pursuant to the terms and conditions of this Oontrautl now, therefore, THIS ACREEMENT, made this the _day of A.D. 1983, by and between DENTON COUNTY ELECTRIC COOPERATIVE, INC., of the County of Denton, State of Texas, hereinafter called "Developer", and the CITY OF DENTON, TEXAS, a Municipal Corporation of the County of Denton, Stace of Texas, hereinafter called "City", wITNESSEM 1. That for and in consideration of the construction of a water maiu for the benefit of Developer, and in further consideration of the transfer to the City of all of Developer's right, title and interest in and to the afovasaid main extensions and all appurtenances thereto, and all easaments and right of way agreements secured by or for Developer for the purpose of locatinlt said main extensions, City shall accept said main upon final approval thereof, after inspection, and agrees to provide avatar service to Developer"s above-deacribad premises for such monthly ser-,tea charges as are, or may be, established by the City, .`I. That the City further agrees to reimburse Developer not to exceed the pro-rata cost of the construction of such main extension paid to the City under the provisions of Section 8310 of the Code of Ordinances of the City of Denton, Texas, as amended on the 5th day of July, A,D. 1983, with the following limitations. (a) After the 890tration of twenty (20) years from the date the water main extension is finally inspected and accepted by the City, no further raimwrsement shall be made to the Developer. (b) Said reimbursement shall not apply to service lines or main extensions constructed at the expense of the City of Denton, from any main constructed under the terms of this Agreement. (c) Raimbursemanu payments shall be made to the Developer or his assigns if designated in writing, and to no other person. (d) All tees and tapping charges incurred under the provisions of Section 83.70 shall be paid directly to City, and reimbursement shall be payable to Oeveloper within thirty (30) days of receipt by City III It is further agreed and understood that the total cost of the facilities described above eligible for pro•vaca reimbursemenc to the Developer and made the subject of this contract will be for 800' on Highway 288 and 630' on Karina Lane 4 $21.$0 per foot equals $30,745,00, Developer's share of said cost which is not reimbursed will be $7 30. . Such reimbursement will be based on the current cost per front foot ($21.50) of the property extending a service Line to the water main axtension as per City of Denton Ordinance N83.70. IV That for and in oonstderacion of the agreements to be performed by the City, as aforesaid, Developer hereby transfers to City all of its right, title and tntsrest in and to the main extensions described above, end any and all easements and right of way agreements secured by it for the purpose of loe')ating said main extension, and Developer further agrees cc execute any and all Ustruman;s of convayance deemed naoessary by City to convey said Loco to$ts cc City, WITNESS the hands of the Parties hereto on the day and year first above written. 7CMYTMaTM u INC. CITY OF DENTON, TEXAS o ATTEST; CHARLOITZ; ALLEN, Uil'i SECRET APPROVED AS TO LEGAL FORM: CITY OF DENTON, TEXAS + November ..5, 1983 CITY COUNCIL AQINDA ITRM SUBJLCTt Impact of Growth on Denton's Wastewater 'treatment Plant Capacity, SUMMARY j The City of Denton's Wastewater Treatment Plant is designed to treat 12 million gallons of wastewater per day, The present flows are approximately 7 million gallons per dray (MGD), and the plant serves a population of approximately 55,000 including Corinth and several mobile home parks outside of the City limits, The average wastewater flows are approximately 130 gallons per person per day. This amount also gives consideration to commercial and industrial wastewater flows plus sewer line inflows from ground or storm water. Using this average per capita flow, the present Wastewater Treatment Plant can serve a population of approximately 90,000, `I'here'ore, Denton's Wastewater 'T'reatment Plant can serve an add tional 35,000 people, Considering that the average popul tion per new household is between 2,5 to 3, the estimat d wastewater4 flow per household is approximately 400 gallons per day. The Wastewater 'treatment Plant can serve approximately 10-12,000 new housing units which includes the commercial and industrial development associated with such growth, provided that the industrial plants are not heavy wastewater dischargers. The recently completed Wastewater Treatment Plant cost was approximately $91000,000 for a 61000,000 gallon per day plant or $1,50 per gallon per day of capacity. it is estimated that lift stations and trunk seater line capital costs are approximately 50j6 to 75¢ per gallon per day of t capacity. These costs are based on contracts entered into several years ago. Therefore, considering inflation, today's capital cost for constructing wastewater trunk lines and treatment plant capacity is estimated to be $3.00 per gallon per day of capacity. Considering that each k household contributes approximately 400 gallons per day, the capital cost for new wastewater trunk lines and treatment capacity would be $1,200 per household, (An I' observation, aside from the main context of this report, is that the principle and interest payment alone on a $1,200 investment considering a 25 year bond at 108 is $10.90 per month, Denton's present total rate for an average household is only approximately $10-$11 per month,) 2644U/17 Reports prepared during the early to mid 1970's indicated that Denton's 12 million gallon per day plant would be adequate until the early 19901s, However, population projections for the 70's and 80's are more optimistic in those reports, Denton's Planning Department's recent population projections indicate that Denton will reach a p Cit opulation of 75,000 in the year 2000, considering the of Corinth WastewateraTreatmenth Plant other ohaveisufficient wastewater treatment plant capacity until the mid to :Late 1990's, However, if growth continues as it has in the past 12 months, Denton's population may approach the 90,000 level much sooner, in summary, each new household that is added to the system contributes approximately 400 gallons per days the Plant has the capacity to serve 10-12,000 new households, and the cost of replacement capacity is approximately $1,200 per household, Respectfully, R, E, Nelson Director of Uilities t 2644U/19 CITY OF DENTON MEMORANDUM TO= Mayor and Members of the City Council FROM,, G. Chris Hartung, City Manager DATE; November 10, 1983 5UBJECTi Proposal from Arthur Andersen and Company Attached for your information is a proposal from Arthur Andersen and Company to develop a fixed asset inventory system. As you will recall, the need for this inventory syystem was discussed in the presentation made by Dick Kreutzfeldt of Arthur Andersen to the Council on October 18. We believe the proposal is within the scope of those discussions. At the November 15 meeting, we will be asking for authorization to enter into an agreement with Arthur Andersen for Phase 1 of the program at a cost of $6,000. If I can provide any additional information, please let me know. , A r s rtung as 1087C/7 i 1 AnTituii ANf~Eii9! N & Co. Mr. 0, Chris Hartung November 9, 1983 experienced senior staff consultant, will perform the interviews and review work, Together, this group brings to this project practical experience in government services, the utility industry, fixed asset systems, and project management, As we have agreed, we will bill you $6,000 plus out-of-pocket expenses for this Fixed Asset System - Scope Definition project, We are sincerely pleased to have this opportunity to assist the City of Denton in this important project. We look forward to working with you and other City personnel, Should you have any questions regarding this proposal, please contact Wilbur Smither at (214) 741-2261, Very truly yours, Attachment f Management Dociaions End Peoduots pork Aativitios N ro IJ ~ K R " 9 F~ ~ n 0 ~ µ H V' " M "o D " G fiA fi n S n 0 " Yyt (~If y y C C R C ro n ~ f ~ b k ~ g ~ g„ 70 ! ~ ~ ~ R ~ ~ ~ I I Ian h ~ ~ ryM cpM ~ 0 i H fi H n n ~ M In n ~ K M N ~ R~ n y, I~yu {{I~WDyy M Oa0 N +t r pp W IN a I(+ tl ~f ~My~~ R 4 W ~ry 7~ ~n n r b ro n F h°nM n X mm a y~ w e~ ? m ~[~JI m n V 0 ppn' tl 0 "1V~~ I ~ (b'), .~M+ (rye) C V G M fl a 1+ IN O L"~ N 7 C 10 M N .Nr; tl 0n 19C I~~! 04 gQ~Q~ y~ tiw K~'ig F6' CS' yIA ~ Fwr (a N If µ N I M „ rt b D~ ~ M G ~ n p~1 ~ ~ I ~ n ~ p O 0 r, ~ ~ k O tFFi' 0 R R