HomeMy WebLinkAboutMay 02, 2000 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
May 2, 2000
Agenda
Agenda Item
After determining that a quorum is present and convening in an open meeting, the City Council
will convene in a Special Called Meeting of the City of Denton City Council on Tuesday, May 2,
2000 at 11:00 a.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas
at which the following item will be considered:
1. Receive and open bids regarding City of Denton General Obligation Bonds, Series 2000.
Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of
Denton General Obligation Bonds, Series 2000, and approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
o
Receive and open bids regarding City of Denton Certificates of Obligation Bonds, Series
2000.
Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of
Denton Certificates of Obligation Bonds, Series 2000, and approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the .day of ,2000 at o'clock (a.m.)
(p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA
CITY OF DENTON CITY COUNCIL Agendaltem --~--
May 2, 2000 Date ,q//~,,/~)
After determining that a quorum is present and convening in an Open Meeting, the City Council
will convene in a Closed Meeting of the City of Denton City Council on Tuesday, May 2, 2000
at 5:15 p.m. in the City of Denton Council Work Session Room, Denton City Hall, at 215 East
McKinney, Denton, Texas to consider specific items when these items are listed below under the
Closed Meeting section of this agenda. When items for consideration are not listed under the
Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at
5:15 p.m. and will convene at the time listed below for its regular or special called meeting. The
City Council reserves the right to adjourn into a Closed Meeting on any item on its Open
Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set
forth below.
Agenda No. ~...ff_l~_~
1. Closed Meeting:
[**Before the Denton City Council may deliberate, vote, or take final action on each of
the agenda items posted as a competitive matter in a Closed Meeting under the provisions
of TEX. GOV'T. CODE Section 551.086(c), the City Council must first make a good
faith determination, by majority vote of its members, that the particular agenda item is a
competitive matter that satisfies the requirements of Section 551.086(b)(3). The vote
shall be taken during the Closed Meeting and shall be included in the certified agenda of
the Closed Meeting. If the City Council fails to determine by a majority vote that the
particular agenda item satisfies the requirements of Section 551.086(b)(3), the City
Council may not deliberate or take any further action on that agenda item in the Closed
Meeting.]
AD
Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV'T. CODE Section 551.086.** '
Receive information from Staff pertaining to several issues respecting the
present and future efficient maintenance, repair, and operation of the
Spencer Generation Plant, and discuss, deliberate, consider, and provide
Staff with direction respecting such issues.
Consider final action regarding the lifting and cancellation of the condition
expressed and set forth in Ordinance No. 2000-152, as enacted by the
Council on April 18, 2000; and final action unconditionally approving the
Agreement and Purchase Order entered into by and between the City of
Denton and Applied Utility Systems, Inc. for the purchase of combustion
technology equipment and related professional engineering services;
authorizing the expenditure of funds therefor; and providing an effective
date.
Receive a presentation and information from Staff respecting valuation
issues related to electric transmission and distribution assets owned by
Denton Municipal Electric; and discuss, deliberate, consider, and provide
Staff with direction respecting such issues.
Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section
551.072.
City of Denton City Council Agenda
May 2, 2000
Page 2
Consider possible real property acquisition including value for relocation
of Edwards and Mayhill Roads near State School Road, in the D. Lambert
Survey, Abstract 784, in the M.E.P. & P.R.R. Co. Survey, Abstract 950,
and in the G. Walker Survey, Abstract 1330 in the City of Denton.
C. Consultation with Attorney - Under TEX. GOV'T. CODE Section 551.071
Receipt of legal advice from the City's attorneys regarding contemplated
or threatened litigation concerning the RNW Addition and the rezoning
thereof under Zoning Case 00-03, being an approximate 8.3 acre site
located on the comer of Teasley and Teasley including discussion with the
City's attorneys of the legal aspects of such a rezoning under
circumstances where the duty of the City's attorneys under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas
requires such discussions to be held in private.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF SECTION 551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC
POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A
CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE,
SECTIONS 551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN
MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING
ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071-551.086 OF
THE TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, May 2, 2000 at 6:30 p.m. in the
Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following
items will be considered:
1. Pledge of Allegiance
U.S. Flag
Texas Flag
"Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible."
2. Consider approval of the minutes of April 4, and April 11, 2000.
PROCLAMATIONS/PRESENTATIONS
Proclamations
A. Days of Remembrance
B. Arson Awareness Week
C. TWU Gymnastics Day
D. Drinking Water Week
City of Denton City Council Agenda
May 2, 2000
Page 3
4. Presentation for Drinking Water Week
CITIZEN REPORTS
5. Receive a report from Willie Hudspeth regarding tree removal from his property.
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the Consent
Agenda (Agenda Items 6-18). This listing is provided on the Consent Agenda to allow Council
Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items
are pulled, Consent Agenda Items 6-18 below will be approved with one motion. If items are
pulled for separate discussion, they will be considered as the first items under "Items for
Individual Consideration".
Consider approval of a tax refund to Stewart Title for TMI, Inc. The 1999 tax was paid
twice, resulting in an overpayment.
Consider approval of a tax refund to Extraco Mortgage for Mark & Terry Krantz. The
1999 tax was paid twice, resulting in an overpayment.
Consider approval of a tax refund to First American Tax Service for John & Linda
Yarbrough. The 1999 tax was paid twice, resulting in an overpayment.
Consider approval of a tax refund to First American Tax Service for Doyle Davis. The
1999 tax was paid twice, resulting in an overpayment.
10.
Consider approval of a tax refund to First Denton Ltd. The 1998 taxable amount was
lowered per court order of 12/29/99, resulting in an overpayment.
11.
Consider adoption of an ordinance authorizing the City Manager to execute the First
Amendment to the Delinquent Tax Attorney Contract with the law firm of Linebarger,
Heard, Goggan, Blair, Graham, Pefia & Sampson, L.L.P., and the law fimi of Gregory &
Bradshaw, P.C. extending the contract for an additional one year term ending on June 30,
2001; authorizing the City Manager to give written notice to the firm of its desire to
extend this contract; amending the firm name and making additional changes to the
contract; authorizing the expenditure of funds; and providing an effective date.
12.
Consider approval of a resolution approving thc transfer of duti~ a~ Vital Statioti~
Registrar from the City of Denton to the County Clerk of Denton County, Texas; and
providing for an effective date.
City of Denton City Council Agenda -
May 2, 2000
Page 4
13.
Consider adoption of an ordinance authorizing the withdrawal of a bid and cancellation
of an award of a contract from and to Smith Landscapes for the annual contract for
mowing services; providing for a new award to the second lowest responsible bidder; and
providing an effective date. (Bid 2467 - Annual Mowing Contract Section B awarded to
Blagg Lawn Service in the estimated annual amount of $25,000)
14.
Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Agreement with the City of Coppell relating to participation in the City of Denton
contract which provides for the purchase of office supplies and similar material; and
declaring an effective date. (File 2502 - Interlocal Agreement with City of Coppell)
15.
Consider adoption of an ordinance accepting competitive bids and awarding a service
contract for the construction of miscellaneous traffic signal installations; providing for
the expenditure of funds therefore; and providing an effective date. (Bid 2492 -
Construction of Traffic Signals awarded to the single respondent Durable Specialties, Inc.
in the estimated annual amount of $110,000)
16.
Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the sale of scrap transformers; and providing an effective date. (Bid 2493 -
Sale of Scrap Transformers awarded to Sesco, Inc.)
17.
Consider adoption of an ordinance accepting competitive bids and awarding an annual
contract for the supply of Lime and Aggregate, providing for the expenditure of funds
therefore; and providing an effective date. (Bid 2494 - Lime and Aggregate awarded as
listed)
18.
Consider adoption of an ordinance authorizing the City Manager to execute an Inteflocal
Agreement with the City of Dallas for the Lake Ray Roberts Growth Management Plan;
authorizing the City Manager to expend funds as required by such agreement, and
providing an effective date.
PUBLIC HEARINGS
19.
Hold a public hearing and consider rezoning approximately 8.3 acres, commonly known
as RNW Addition from a Planned Development (PD-16) zoning district to Conditioned
Neighborhood Service (NS) zoning district. The property is located at the southwest
comer of Teasley Lane and Teasley Lane. The Planning and Zoning Commission's
motion to recommend approval failed (2-5). (Z-99-00-03, RNW Addition)
ITEMS FOR INDIVIDUAL CONSIDERATION
20.
Consider an appointment by the City Manager of a new member to the Civil Service
Commission.
21.
Consider and take action on a request for relief from the Residential Interim Regulations,
Ordinance 2000-069, for Regency Oaks Phase II. The 10.2+ acre site is generally located
on the east of FM 1830 and south of Hobson Lane. Twenty-two (22) SF-16 residential
lots are proposed. (RR-00-11, Regency Oaks)
City of Denton City Council Agenda
May 2, 2000
Page 5
22.
Consider and take action on a request for relief from the Residential Interim Regulations,
Ordinance 2000-069, for Eagle Place Apartments. The 0.35+ acre property is located at
317 Bernard Street. Fourteen (14) efficiency apartments are proposed. (RR-00-12, Eagle
Place Apartments)
23.
Consider and take action on a request for relief from the Residential Interim Regulations,
Ordinance 2000-069, for the 420 acre Preserve at Pecan Creek Subdivision and a 42 acre
parcel adjacent to The Preserve and south of Pockrus Page Road, (RR-00-13, The
Preserve)
Relief to proceed with zoning and platting on a 42 4- acre parcel located adjacent
to The Preserve at Pecan Creek and south of Pockrus Page Road. Single-family
development is proposed.
Relief to proceed with an application to amend the Detailed Plan for PD-132 (The
Preserve) to revise lot coverage.
24.
Continue consideration of and take action on a Non-residential Project Plan request for
Oak Tree Plaza Shopping Center. The 7.44-acre site is located at the southeast comer of
Loop 288 and Spencer Road. (SP-00-001, Oak Tree Plaza)
25.
Consider and take action on a request for relief from the Non-Residential Interim
Regulations, Ordinance 2000-069, for a 1+ acre property located at 319 East Prairie. The
proposal is for wheat processing and storage. (RN-00-25, Morrison Milling)
26.
Consider approval of a recommendation from the 2000 Oversight Committee to use
parkland acquisition funds to cover additional costs on the Denton Rail Trail Project.
27.
Consider approval of a resolution of the City of Denton, Texas supporting the
simplification of state and local sales and use taxes, and urging states to move
expeditiously to develop and approve model simplification legislation that allows state
and local sales and use taxes to be applied equitably to traditional retail and remote sales;
and providing an effective date.
28. Consider nominations and appointments to the City's Boards and Commissions.
29.
New Business
This item provides a section for Council Members to suggest items for future agendas.
30.
Items from the City Manager
A. Notification of upcoming meetings and/or conferences
B. Clarification of items on the agenda
31.
Possible continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
32.
Official Action on Closed Meeting under Sections 551.071-551.086 of the Texas Open
Meetings Act.
City of Denton City Council Agenda
May 2, 2000
Page 6
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ., 2000 o'clock (a.m.)
(p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY'S OFFICE.
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Fiscal Operations
Kathy DuBos¢, Assistant City Manager
Fiscal and Municipal Services
genda 15,1o. __
Agenda Item ] ....
SUBJECT
Receive and open bids regarding City of Denton General Obligation Bonds, Series 2000.
BACKGROUND
On May 2, 2000, David Medanich of First Southwest Co., and Ted Brizzotara III of McCall,
Parkhurst and Horton will deliver and open the bids regarding the City of Denton's General
Obligation Bonds, Series 2000. The process of opening the bids publicly and tabulating them
before the City Council is required by City Charter.
These Bonds will provide funding of $3,750,000 for the following projects and
improvements:
$2,100,000
$1,000,000
$ 650,000
Transportation (streets, traffic control, bikeways and sidewalks)
North Branch Library (partial)
Parks and Recreation/Beautification
PRIOR ACTION/REVIEW (Council, Boards, Commission)
All of these projects were approved in the 2000-2004 Capital Improvement Program and
approved in the bond election on January 15, 2000. This was reviewed by the Debt
Management Committee at the February 8, 2000 meeting. They approved to proceed with the
sale of the bond funds.
FISCAL INFORMATION
The General Obligation Bonds have an estimated average annual debt service requirement of
$300,000.
Respe. ctfully submitted:
Director of Fiscal Operations
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Fiscal Operations
Kathy DuBose, Assistant City Manager ~
Fiscal and Municipal Services
Agenda
Agendaltem
Date
SUBJECT
Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of
Denton General Obligation Bonds, Series 2000, and approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
BACKGROUND
On May 2, 2000, David Medanich of First Southwest Co., and Ted Brizzolara III of
McCall, Parkhurst and Horton will deliver and open the bids regarding the City of
Denton's General Obligation Bonds, Series 2000. The process of opening the bids
publicly and tabulating them before the City Council is required by City Charter.
These Bonds will provide funding of $3,750,000 for the following projects and
improvements:
$2,100,000
$1,000,000
$ 650,000
Transportation (streets, traffic control, bikeways and sidewalks)
North Branch Library (partial)
Parks and Recreation/Beautification
RECOMMENDATION
Management staff recommends approval of this ordinance.
PRIOR ACTION/REVIEW: (Council, Boards. Commission)
All of these projects were approved in the 2000-2004 Capital Improvement Program and
approved in the bond election on January 15, 2000. This was reviewed by the Debt
Management Committee at the February 8, 2000 meeting. They approved to proceed
with the sale of the bond funds.
FISCAL INFORMATION
The General Obligation BOnds have an estimated average annual debt service
requirement of $300,000.
Director of Fiscal Operations
DRAFT: 4/27/2000
]ORDINANCE NO. 2000-__
ORDINANCE
AUTHORIZING THE ISSiUANCE, SALE, AND DELIVERY OF CITY OF DENTON
GENERAL OBLIGATION BONDS, SERIES 2000, LEVYING THE TAX TO PAY
SAME, AND APPROVINGAND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE.
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, an election
issue certain of the bonds hereinaffe
WHEREAS, at said electio
Prop. Amount
No. Authorized
1 $17,045,000
2 6,800,000
3 10,175,000
WHEREAS, the bonds her,
and delivered pursuant to Chapter
s held on January 15, 2000 at which the City Council was authorized to
authorized; and
the following bonds were authorized to be issued:
Amount
Amount Being Previously Voted
Issued Issued But Unissued
$2,100,000 $ -0- $14,945,000
1,000,000 -0- 5,800,000
650,000 -0- 9,525,000
;inafter authorized and designated were voted and are to be issued, sold,
33 l, Texas Government Code, and Article IX of the City's Home Rule
Charter, and other applicable laws;'and
WHEREAS, it is considere t to be in the best interest of the City that said interest beating bonds be
issued, NOW, THEREFORE
THE COUNCIL OF THE ;ITY OF DENTON HEREBY ORDAINS:
Section 1. AMOUNT AN[, PURPOSE OF THE BONDS. The bond or bonds of the City of Denton,
Texas (the "Issuer") are hereby au horized to be issued and delivered in the aggregate principal amount of
$3,750,000, FOR THE PURPGSE OF THE ACQUISITION OF PROPERTY AND MAKING
IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: STREET AND TRAFFIC
CONTROL IMPROVEMENTS, pUBLIC LIBRARY IMPROVEMENTS AND PARK IMPROVEMENTS.
Section 2. DESIGNATIOI~I OF THE BONDS. Each bond issued pursuant to this Ordinance shall
be designated: "CITY OF DENTON GENERAL OBLIGATION BOND, SERIES 2000, and initially there
shall be issued, sold, and delivered t~ereunder a single fully registered bond, without interest coupons, payable
in installments of principal (the "Initial Bond"), but the Imtial Bond may be assigned and transferred and/or
converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest
coupons, having serial maturities, a~d in the denomination or denominations of $5,000 or any integral multiple
of $5,000, all in the manner hereinafter provided. The term "Bonds" as used in this Ordinance shall mean and
include collectively the Initial Bond
bonds and replacement bonds issue~
Section 3. INITIAL ]
REGISTERED OWNER, AND C!
(a) The Initial Bond is here
registered Bond, without interest cc
amount of $3,750,000, numbered R
thereof, to-wit:
DRAFT: 4/27/2000
md all substitute bonds exchanged therefor, as well as all other substitute
[pursuant hereto, and the term "Bonds" shall mean any of the Bonds.
)ATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
IARACTERISTICS OF THE INITIAL BOND.
~y authorized to be issued, sold, and delivered hereunder as a single fully
upons, dated May 1, 2000, in the denomination and aggregate principal
.1, payable in annual installments of principal to the imtial registered owner
or to the registered assignee or ass: gnees of said Bond or any portion or portions thereof (in each case, the
"registered owner"), with the annu~tl installments of principal of the Initial Bond to be payable on the dates,
respectively, and in the principal a~aounts, respectively, stated in the FORM OF INITIAL BOND set forth in
this Ordinance. /
(b) The Initial Bond (i) n~ay be prepaid or redeemed prior to the respective scheduled due dates of
installments of principal thereof, (i) may be assigned and transferred, (iii) may be converted and exchanged
for other Bonds, (iv) shall have the :haracteristics, and (v) shall be signed and sealed, and the principal of and
interest on the Initial Bond shall b, payable, all as provided, and in the manner required or indicated, in the
FORM OF INITIAL BOND set fl
Section4. INTEREST. q
date of the Initial Bond to the res
redemption, of the installments of
manner provided and at the rates
Ordinance.
Section 5. FORM OF
Registration Certificate of the C~
Initial Bond, shall be substantiall
NO. R-1
CITY
THE CITY OF DENTG
the State of Texas, h~mby promi
rth in this Ordinance.
he unpaid principal balance of the Initial Bond shall bear interest from the
~eetive scheduled due dates, or to the respective dates of prepayment or
~mcipal of the Initial Bond, and said interest shall be payable, all in the
ad on the dates stated in the FORM OF INITIAL BOND set forth in this
NITIAL BOND. The form of the Initial Bond, including the form of
mptroller of Public Accounts of tho State of Texas to be endorsed on the
.as follows:
FORM OF INITIAL BOND.
$3,750,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
DENTON GENERAL OBLIGATION BOND
SERIES 2000
Issuer ), being a political subdivision of
in Denton County, Texas (the .... '
~s to pay to
or to the registered assignee or assi
"registered owner") the aggregate pr
(THREE MILLION
in annual installments of principal d~
principal amounts, as set forth in ti
hereinafter stated, on the balance ~
remaining unpaid, at the rates per a~
PRINCIPAL II~
YEAR . AMOUNT
2001 190 000
2002 190 000
2003 190 000
2004 190 000
2005 190 000
2006 190 000
2007 190 000
2008 190 000
2009 190 000
2010 190 000
Interest shall first be due an
and August 15 thereafter while this
be calculated on the basis of a 360-
THE INSTALLMENTS O'.
lawful money of the United States c
principal and the interest on this Bon~
ONE, TEXAS, N.A., FORT we
Payment of all principal of and int~
registered owner hereof on each prin
by the Paying Agent/Registrar on,.
authorizing the issuance of this Bom
for such purpose as hereinafter provi
States mail, first-class postage prep~
owner hereof, at the address of the r
the month next preceding each such
Agent/Registrar, as hereinafter desc
on or before each principal and/or J
Agent/Registrar, from the "Interest
to provide £or the payment, in inunae~
due.
DRAFT: 4/27/2000
gnees of this Bond or any portion or portions hereof (in each case, the
mcipal amount of
$3,750,000
;EVEN HUNDRED FIFTY THOUSAND DOLLARS)
e and payable on February 15 in each of the years, and in the respective
te following schedule, and to pay interest, from the date of this Bond
~f each such installment of principal, respectively, from time to time
num as follows:
[TEREST PRINCIPAL INTEREST
RATE(%) YEAR AMOUNT RATE(%)
2011 185000
2012 185000
2013 185 000
2014 185000
2015 185 000
2016 185 000
2017 185 000
2018 185 000
2019 185 000
2020 185 000
I payable on February 15, 2001, and semiannually on each February 15
lend or any portion hereof is outstanding and unpaid. Said interest shall
[ay year composed of twelve 30-day months.
~ PRINCIPAL OF AND THE INTEREST ON this Bond are payable in
f America, without exchange or collection charges. The installments of
I are payable to the registered owner hereof through the services of BANK
?,TH, TEXAS, which is the "Paying Agent/Registrar" for this Bond.
:rest on this Bond shall be made by the Paying Agent/Registrar to the
:ipal and/or interest payment date by check, dated as of such date, drawn
md payable solely from, funds of the Issuer required by the ordinance
(the "Bond Ordinance")to be on deposit with the Paying Agent/Registrar
fled; and such check shall be sent by the Paying Agent/Registrar by United
fid, on each such principal and/or interest payment date, to the registered
~'gistered owner, as it appear~ at the close of business on the last day of
date (the "Record Date") on the Registration Books kept by the Paying
ribed. The Issuer covenants with the registered owner of this Bond that
nterest payment date for this Bond it will make available to the Paying
md Sinking Fund" created by the Bond Ordinance, the amounts required
liately available xeunds, oxe all principal oxe and interest on this Bond, when
IN THE EVENT of a non[
thereafter, a new record date for su.
Paying Agent/Registrar, if and whey
Notice of the Special Record Date m
Date", which shall be fifteen (15) d
days prior to the Special RecOrd Dal
Holder of a Bond appearing on the
on the 15th business day next prec¢
IF THE DATE for the pa'.
Sunday, a legal holiday, or a day or
is located are authorized by law or
succeeding day which is not such a i
authorized to close; and payment o~
date payment was due.
THIS BOND has been autt
FOR THE PURPOSE OF THE AC
PUBLIC PURPOSES IN SAID CFI
PUBLIC LIBRARY IMPROVEM
ON FEBRUARY 15, 2010
of this Bond may be prepaid or red
funds derived from any available s.
Bond to be prepaid or redeemed she
Bond may be redeemed only in an i
par or principal mount thereof, pl~
AT LEAST 30 days prior
of such prepayment or redemption sl
By the date fixed for any such preg
Paying Agent/Registrar for the pay
DRAFT: 4127/2000
ayment of interest on a scheduled payment date, and for thirty (30) days
:h interest payment (a "Special Record Date") will be established by the
funds for the payment of such interest have been received from the Issuer.
d of the scheduled payment date of the past due interest ("Special Payment
ays after the Special Record Date) shall be sent at least five (5) business
e by United States mail, first class postage prepaid, to the address of each
:egistration books of the Paying Agent/Registrar at the close of business
ding the date of mailing of such notice.
maent of the principal of or interest on this Bond shall be a Saturday,
which banking institutions in the City where the Paying Agent/Registrar
:xecutive order to close, then the date for such payment shall be the next
;aturday, Sunday, legal holiday, or day on which banking institutions are
t such date shall have the same force and effect as if made on the original
orized in accordance with the Constitution and laws of the State of Texas
~UISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR
Y, TO-WIT: STREET AND TRAFFIC CONTROL IMPROVEMENTS,
]NTS AND PARK IMPROVEMENTS.
or on any date whatsoever thereafter, the unpaid installments of principal
,~emed prior to their scheduled due dates, at the option of the Issuer, with
~urce, as a whole, or in part, and, if in part, the particular portion of this
11 be selected and designated by the Issuer (provided that a portion of this
~tegral multiple of $5,000), at the prepayment or redemption price of the
ts accrued interest to the date fixed for prepayment or redemption.
~o the date fixed for any such prepayment or redemption ia written notice
~all be mailed by the Paying Agent/Registrar to the registered owner hereof.
ayment or redemption due provision shall be made by the Issuer with the
anent of the required prepayment or redemption price for this Bond or the
portion hereof which is to be So 1; repaid or redeemed, plus accrued interest thereon to the date fixed for
prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision
for such payment is made, all as plovided above, this Bond, or the portion thereof which is to be so prepaid
or redeemed, thereby automaticallYlshall be treated as prepaid or redeemed prior to its scheduled due date, and
shall not bear interest after the datelfixed for its prepayment or redemption, and shall not be regarded as being
outstanding except for the right ot~the registered owner to receive the prepayment or redemption price plus
accrued interest to the date fixed f~r prepayment or redemption frOm the Paying Agent/Registrar out of the
funds provided for such payment. ]'he Paying Agent/Registrar shall record in the Registration Books all such
prepayments or redemptions of principal of this Bond or any portion hereof.
1
THIS BOND, to the extenl~ of the unpaid or unredeemed principal balance hereof, or any unpaid and
unredeemed portion hereof in any i~tegral multiple of $5,000, may be assigned by the initial registered owner
in the Registration Books of the Issuer kept by the Paying Agent/Registrar
hereof and shall be transferred only
acting in the capacity of registrar fo
Among other requirements for su(
Agent/Registrar for cancellation, t¢
the Bonds, upon the terms and conditions set forth in the Bond Ordinance.
h transfer, this Bond must be presented and surrendered to the Paying
gether with proper instruments of assignment, in form and with guarantee
of signatures satisfactory to the Payi
of this Bond, or any portion or porti,
in whose name or names this Bond
registered. Any instrument or instn
used to evidence the assignment of'
owner hereof. A new bond or bet
registered owner or owners of such ~
this Bond which is not being assigne
Paying Agent/Registrar in conversi,
solely in the form and manner as pro
Bond or any portion hereof. The ret
the Paying Agent/Registrar as the a[
liability upon this Bond to the extent
be affected by any notice to the con
AS PROVIDED above a~
unredeemed principal balance here{
amount of fully registered bonds, wit
in writing by the initial registered oK
which is not being assigned and
denominations in any integral mull
substitute bond issued in exchange
date), upon surrender of this Bond l
form and procedures set forth in th
transferred or converted each bond k,
maturity date corresponding to the ~
which the substitute bond is being ex
installment of principal or portion t~
maturity on the same dates and for 1
or portion hereof for which they are
have only one stated principal matra
IN ITS PRESENT FORM MAY BI:
and to one or more assignees, but
hereof may be assigned and transfe~
Issuer shall pay the Paying Agenl
convening, and exchanging this Bo~
and exchange shall pay any taxes or
Agent/Registrar shall not be requir
period commencing with the close o
the next following principal or inter{
for prepayment or redemption prio~
IN THE EVENT any Pay
otherwise ceases to act as such, the
a competent and legally qualified
mailed to the registered owner of ~
DRAFT: 4/27/2000
ag Agent/Registrar, evidencing assignment by the initial registered owner
)ns hereof in any integral multiple of $5,000, to the assignee or assignees
or any such portion or portions hereof is or are to be transferred and
anents of assignment satisfactory to the Paying Agent/Registrar may be
his Bond or any such portion or portions hereof by the initial registered
ds payable to such assignee or assignees (which then will be the new
tew Bond or Bonds) or to the imtial registered owner as to any portion of
t and transferred by the initial registered owner, shall be delivered by the
m of and exchange for this Bond or any portion or portions hereof, but
/ided in the next paragraph hereof for the conversion and exchange of this
;istered owner of this Bond shall be deemed and treated by the Issuer and
solute owner hereof for all purposes, including payment and discharge of
of such payment, and the Issuer and the Paying Agent/Registrar shall not
rary.
d in the Bond Ordinance, this Bond, to the extent of the unpaid or
,f, may be converted into and exchanged for a like aggregate principal
~out interest coupons, payable to the assignee or assignees duly designated
ncr hereof, or to the initial registered owner as to any portion of this Bond
transferred by the initial registered owner, in any denomination or
iple of $5,000 (subject to the requirement hereinafter stated that each
~or any portion of this Bond shall have a single stated principal maturity
, the Paying Agent/Registrar for cancellation, all in accordance with the
, Bond Ordinance. If this Bond or any portion hereof is assigned and
sued in exchange for any portion hereof shall have a single stated principal
lue date of the installment of principal of this Bond or portion hereof for
:hanged, and shall bear interest at the rate applicable to and borne by such
tereof. Such bonds, respectively, shall be subject to redemption prior to
he same prices as the corresponding installment of principal of this Bond
)eing exchanged. No such bond shall be payable in installments, but shall
ity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND
ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY,
Ne bonds issued and delivered in exchange for this Bond or any portion
'ed, and converted, subsequently, as provided in the Bond Ordinance. The
/Registrar's standard or customary fees and charges for transferring,
td or any portion thereof, but the one requesting such transfer, conversion,
;ovemmental charges required to be paid with respect thereto. The Paying
rd to make any such assignment, conversion, or exchange (i) during the
3business on any Record Date and ending with the opening of business on
st payment date, or, (ii) with respect to any Bond or portion thereof called
to maturity, within 45 days prior to its prepayment or redemption date.
ng Agent/Registrar for this Bond is changed by the Issuer, resigns, or
issuer has covenanted in the Bond Ordinance that it promptly will appoint
ubstitute therefor, and promptly will cause written notice thereof to be
is Bond.
IT IS HEREBY certified, 1
authorized, issued, sold, and deliver~
exist, and be done precedent to o~
performed, existed, and been done i~
issued on the full faith and credit
payment of the interest on and princ
have been levied and ordered to be
irrevocably for such payment, withi
BY BECOMING the regist,
the terms and provisions of the
acknowledges that the Bond Ordma
records of the governing body of the
Ordinance constitute a contract bee
IN WITNESS WHEREOF
signature of the Mayor of the Issuer
the City Secretary of the Issuer, ha,,
facsimile, on this Bond and has cau
DRAFT: 4/27/2000
ecited, and covenanted that this Bond has been duly and validly voted,
',d; that all acts, conditions, and things required or proper to be performed,
in the authorization, issuance, and delivery of this Bond have been
accordance with law; that this Bond is a general obligation of the Issuer,
thereof; and that annual ad valorem taxes sufficient to provide for the
ipal of this Bond, as such interest comes due and such principal matures,
levied against all taxable property in the Issuer, and have been pledged
a the limit prescribed by law.
:red owner of this Bond, the registered owner thereby acknowledges all of
lond Ordinance, agrees to be bound by such terms and provisions,
ice is duly recorded and available for inspection in the official minutes and
Issuer, and agrees that the terms and provisions of this Bond and the Bond
veen the registered owner hereof and the Issuer.
the Issuer has caused this Bond to be signed with the manual or facsimile
and countersigned and attested with the manual or facsimile signature of
~ caused the official seal of the Issuer to be duly impressed, or placed in
zed this Bond to be dated May 1, 2000.
ATI'EST:
By:
Jennifer Walters
City Secretary, City of Denton,
(CITY SEAL)
(INSER
FORM O
texas
CITY OF DENTON, TEXAS
By:
Jack Miller
Mayor, City of Denton, Texas
BOND INSURANCE LEGEND, IF ANY)
REGISTRATION CERTIFICATE OF THE
CON
COMPTROLLER'
I hereby eertifythat this Bo~
General of the State of Texas, and~
of the State of Texas.
Witness my signat
(COMPTROLLER'S SEAL)
[PTROLLER OF PUBLIC ACCOUNTS:
'To be attached to Initial Bond only)
REGISTRATION CERTIFICATE: REGISTER NO.
[has been examined, certified as to validity, and approved by the Attorney
hat this Bond has been registered by the Comptroller of Public Accounts
~re and seal this
Comptroller of Public Accounts
of the State of Texas
Section 6. ADDITIONAL ~
The Issuer shall keep or cause to be l
FORT WORTH, TEXAS (the "Pa5
the Bonds (the "Registration Books'"
and transfer agent to keep such bl
reasonable regulations as the Issuer ~
shall make such transfers and regist
record in the Registration Books th
respect to the Bonds shall be maile~
notify the Paying Agent/Registrar in
payments shall not be mailed unless
Registration Books during regular
Agent/Registrar shall keep the Regis
permit their inspection by any other
Books only upon presentation and
registration and cancellation, toge
guarantee of signatures satisfactory
or any portion thereof in any integra
of such assignee or assignees to ha
assignee or assignees. Upon the ass
Bond or Bonds shall be issued in co~
Bond, to the extent of the unpaid or ~
the imtial registered owner thereofc
· registered owner thereof. All Bond
shall be in any denomination or den
hereinafter stated that each substitu
form prescribed in the FORM Ot
characteristics, and may be assign¢
or any portion thereof is assigned i
Paying Agent/Registrar for cancelh
shall have a single stated principal r
shall have a principal maturity dat{
thereof for which the substitute Bm
rate applicable to and borne by sucl~
If only a portion of the Initial Bond
name of the initial registered owner
in the same manner as if the initial ~
other than the Initial Bond is assigne
have the same principal maturity d~
A form of assignment shall be prin
executed by the registered owner o:
thereof. Upon surrender of any [
authorized representative of the Pa
and shall deliver a new fully regime
payable to such assignee or assign,
or Bonds), or to the previous reg
transferred, all in conversion of a~
thereof, in the same form and man
DRAFT: 4/27/2000
;HARACTERISTICS OF THE BONDS. (a) Registration and Transfer.
:ept at the principal corporate trust office of BANK ONE, TEXAS, N.A.,
lng Agent/Registrar") books or records of the registration and transfer of
, and the Issuer hereby appoints the Paying Agent/Registrar as its registrar
.oks Or records and make such transfers and registrations under such
nd Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar
~ations as herein provided. The Paying Agent/Registrar shall obtain and
~- address of the registered owner of each Bond to which payments with
l, as herein provided; but it shall be the duty of each registered owner to
writing of the address to which payments shall be mailed, and such interest
such notice has been given. The Issuer shall have the right to inspect the
~usiness hours of the Paying Agent/Registrar, but otherwise the Paying
ration Books confidential and, unless otherwise required by law, shall not
entity. Registration of each Bond may be transferred in the Registration
surrender of such Bond to the Paying Agent/Registrar for transfer of
:her with proper written instruments of assignment, in form and with
to the Paying Agent/Registrar, (i) evidencing the assignment of the Bond,
[ multiple of $5,000, to the assignee or assignees thereof, and (ii) the fight
ye the Bond or any such portion thereof registered in the name of such
ignment and transfer of any Bond or any portion thereof, a new substitute
~version and exchange therefor in the manner herein provided. The Initial
m_redeemed principal balance thereof, may be assigned and transferred by
ncc only, and to one or more assignees designated in writing by the imtial
issued and delivered in conversion of and exchange for the Initial Bond
~minations of any integral multiple of $5,000 (subject to the requirement
: Bond shall have a single stated principal maturity date), shall be in the
SUBSTITUTE BOND set forth in this Ordinance, and shall have the
ri, transferred, and converted as hereinafter provided. If the Initial Bond
ad transferred or converted the Imtial Bond must be surrendered to the
tion, and each Bond issued in exchange for any portion of the Initial Bond
~aturity date, and shall not be payable in installments; and each such Bond
: corresponding to the due date of the installment of principal or portion
d is being exchanged; and each such Bond shall bear interest at the single
installment of principal or portion thereof for which it is being exchanged.
s assigned and transferred, there shall be delivered to and registered in the
mbstitute Bonds in exchange for the unassigned balance of the Initial Bond
egistered owner were the assignee thereof. If any Bond or portion thereof
d and transferred or converted each Bond issued in exchange therefor shall
te and bear interest at the same rate as the Bond for which it is exchangedl
ted or endorsed on each Bond, excepting the lmtial Bond, which shall be
' its duly authorized attorney or representative to evidence an assignment
onds or any portion or portions thereof for transfer of registration, an
hng Agent/Registrar shall make such transfer in the Registration Books,
red substitute Bond or Bonds, having the characteristics herein described,
~es (which then will be the registered owner or owners of such new Bond
istered owner in case only a portion of a Bond is being assigned and
td exchange for said assigned Bond or Bonds or any portion or portions
aer, and with the same effect, as provided in Section 6(d), below, for the
conversion and exchange of Bonds
Agent/Registrar's standard or custo~
Bond or Bonds, but the one requesti~
to be paid with respect thereto, ri
registration of any Bond or any port
any Record Date and ending with ~
date, or, (ii) with respect to any Bon
days prior to its redemption date.
(b) Ownership of Bonds.
Books at any time shall be deemed
whether or not such Bond shall be o~
by any notice to the contrary; and p~
on any such Bond shall be made onl,
to satisfy and discharge the liabilit,
(c) Payment of Bonds ant
to act as the paying agent for pa3&
convert and exchange or replace Bo
keep proper records of all payment
Bonds, and of all conversions and
Ordinance. However, in the event
days thereafter, a new record date fl
the Paying Agent/Registrar, if and,
Issuer. Notice of the Special Recorc
Payment Date", which shall be
business days prior to the Special Re
of each Holder of a Bond appearln
business on the 15th business dayr
(d) Conversion and Excl
pursuant to this Ordinance, to the e
thereof, may, upon surrender ofsuc[
together with a written request the:
thereof, or its or their duly authoriz
to the Paying Agent/Registrar, ma
appropriate, be converted into and e
prescribed inthe FORM OF SUBSl
or any integral multiple of $5,000 (s
have a single stated maturity date]
assignees, in an aggregate principal
amount of any Bond or Bonds so s~
assignees, as the case may be. If thc
issued in exchange for any portion
shall not be payable in installment,,
to the due date of the installment
exchanged; and each such Bond sha
of principal or portion thereof for ~
DRAFT: 4/27/2000
by any registered owner of a Bond. The Issuer shall pay the Paying
~ary fees and charges for making such transfer and delivery of a substitute
such transfer shall pay any taxes or other governmental charges required
he Paying Agent/Registrar shall not be required to make transfers of
on thereof(i) during the period commencing with the close of business on
opening of business on the next following principal or interest payment
or any portion thereof called for redemption prior to maturity, within 45
'he entity in whose name any Bond shall be registered in the Registration
td treated as the absolute owner thereof for all purposes of this Ordinance,
erdue, and the Issuer and the Paying Agent/Registrar shall not be affected
~,yr~n~, ent of, or on account of, the principal of, premium, if any, and interest
to such registered owner. All such payments shall be valid and effectual
upon such Bond to the extent of the sum or sums so paid.
Interest. The Issuer hereby further appoints the Paying Agent/Registrar
tg the principal of and interest on the Bonds, and to act as its agent to
ads, all as provided in this Ordinance. The Paying Agent/Registrar shall
~ made by the Issuer and the Paying Agent/Registrar with respect to the
:xchanges of Bonds, and all replacements of Bonds, as provided in this
'a nonpayment of interest on a scheduled payment date, and for thirty (30)
~r such interest payment (a "Special Record Date") will be established by
vhen funds for the payment of such interest have been received from the
Date and of the scheduled payment date of the past due interest ("Special
m (15) days after the Special Record Date) shall be sent at least five (5)
cord Date by United States mail, first class postage prepaid, to the address
; on the registration books of the Paying Agent/Registrar at the close of
ext preceding the date of mailing of such notice.
rage or Replacement; Authentication. Each Bond issued and delivered
~tent of the unpaid or unredeemed principal balance or principal amount
Bond at the principal corporate trust office of the Paying Agent/Registrar,
efor duly executed by the registered owner or the assignee or assignees
:d attorneys or representatives, with guarantee of signatures satisfactory
~, at the option of the registered owner or such assignee or assignees, as
xchanged for fully registered bonds, without interest coupons, in the form
'ITUTE BOND set forth in this Ordinance, in the denomination of $5,000,
abject tothe requirement hereinafter stated that each substitute Bond shall
, as requested in writing by such registered owner or such assignee or
amount equal to the unpaid or unredeemed principal balance or principal
trrendered, and payable to the appropriate registered owner, assignee, or
Imtial Bond is assigned and transferred or converted each substitute Bond
of the Initial Bond shall have a single stated principal maturity date, and
; and each such Bond shall have a principal maturity date corresponding
of principal or portion thereof for which the substitute Bond is being
[1 bear interest at the single rate applicable to and borne by such installment
hich it is being exchanged. If a portion of any Bond (other than the Imtial
Bond) shall be redeemed prior to its
the same maturity date, bearing inte
multiple of $5,000 at the request (
unredeemed portion thereof, will be
any Bond or portion thereof (other t
issued in exchange therefor shall hz
the Bond for which it is being excha~
it from each other Bond. The Payin~
herein, and each fully registered ben
or portion thereof as permitted or re~
for all purposes of this Ordinance,
provided that any Bond authentica
or prior to the first scheduled Reco~
Bond, but each substitute Bond so a~
the interest payment date next prece
such Bond is authenticated aider an
in which case it shall bear interest f
at the time of delivery of any substi
but has not been paid, then such Bo~
full. THE INITIAL BOND issued,
be, authenticated by the Paying At
exchange for or replacement of any
in the form substantially as follows
"PAYING AGEN~I
It is hereby certified that
described in this Bond; and that thi~
of a bond, bonds, or a portion ora
General of the State of Texas and
Dated
An authorized representative of the
and manually sign the above Bond,
Bond is so executed. The Paying A
and exchange or replacement. No;
the governing body of the Issuer or ~
exchange or replacement of any Bo
printing, execution, and delivery of
be of type composition printed on p
strength. Pursuant to Chapter 1~
DRAFT: 4/27/2000
scheduled maturity as provided herein, a substitute Bond or Bonds having
'est at the same rate, in the denomination or denominations of any integral
,f the registered owner, and in aggregate principal amount equal to the
issued to the registered owner upon surrender thereof for cancellation. If
nan the Initial Bond) is assigned and transferred or converted, each Bond
ve the same principal maturity date and bear interest at the same rate as
ged. Each substitute Bond shall bear a letter and/or number to distinguish
Agent/Registrar shall convert and exchange or replace Bonds as provided
:l delivered in conversion of and exchange for or replacement of any Bond
[uired by any provision of this Ordinance shall constitute one of the Bonds
ad may again be converted and exchanged or replaced. It is specifically
:d in conversion of and exchange for or replacement of another Bond on
d Date for the Initial Bond shall bear interest from the date of the Initial
~thenticated a~ter such first scheduled Record Date shall bear interest from
:ting the date on which such substitute Bond was so authenticated, unless
~ Record Date but on or before the next following interest payment date,
'om such next following interest payment date; provided, however, that if
~ute Bond the interest on the Bond for which it is being exchanged is due
rd shall bear interest from the date to which such interest has been paid in
nd delivered pursuant to this Ordinance is not required to be, and shall not
ent/Registrar, but on each substitute Bond issued in conversion of and
Bond or Bonds issued under this Ordinance there shall be printed a bond,
CREGISTRAR'S AUTHENTICATION CERTIFICATE
his Bond has been issued under the provisions of the Bond Ordinance
Bond has been issued in conversion of and exchange for or replacement
,end or bonds of an issue which originally was approved by the Attorney
~gistered by the Comptroller of Public Accounts of the State of Texas.
BANK ONE, TEXAS, N.A.,
FORT WORTH, TEXAS, Paying Agent/Registrar
By¸
Authorized Representative"
Paying Agent/Registrar shall, before the delivecv of any such Bond, date
and no such Bond shall be deemed to be issued or outstanding unless such
~,ent/Registrar promptly shall cancel all Bonds surrendered for conversion
~dditional ordinances, orders, or resolutions need be passed or adopted by
a~y other body or person so as to accomplish the foregoing conversion and
ad or portion thereof, and the Paying Agent/Registrar shall provide for the
the substitute Bonds in the manner prescribed herein, and said Bonds shall
~per with lithographed or steel engraved borders of customa~ weight and
01, Texas Government Code, the duty of conversion and exchange or
replacement of Bonds as aforesaid is
of the above Paying Agent/Registr~
Bond shall be valid, incontestable, a
Bond which originally was issued pu
by the Comptroller of Public Acc~
customary fees and charges for tran~
the one requesting any such transfe~
required to be paid with respect then
and exchange. The Paying Agentfl~
or replacement of Bonds or any port
any Record Date and ending with th
date, or, (ii) with respect to any Bom
prior to its redemption date.
(e) In General. All Bonds
portion thereof, (i) shall be issued ir
interest on such Bonds to be payabl~
scheduled maturities, (iii) may be t:
Bonds, (v) shall have the characteri:
on the Bonds shall be payable, all;
SUBSTITUTE BOND set forth in~
(f) Payment of Fees and
Bonds that it will (i) pay the stand~
services with respect to the paymen
fees and charges of the Paying Ag,
Bonds, and with respect to the corn
Ordinance.
(g) Substitute Paying Ager
that at all times while the Bonds are,
trust company, financial instituti
Agent/Registrar for the Bonds und{
The Issuer reserves the right to, an¢
120 days written notice to the Payi~
principal or interest payment date,
Agent/Registrar (or its successor b}
act as such, the Issuer covenants tt
company, financial institution, or o
any change in the Paying Agent/l~
deliver the Registration Books (or a
the Bonds, to the new Paying Agent
Paying Agent/Registrar, the Issuer
Agent/Registrar to each registered
which notice also shall give the ad,
performing as such, each Paying J
Ordinance, and a certified copy of
DRAFT: 4/27/2000
aereby imposed upon the Paying Agent/Registrar, and, upon the execution
r's Authentication Certificate, the converted and exchanged or replaced
ad enforceable in the same manner and with the same effect as the Initial
· suant to this Ordinance, approved by the Attorney General, and registered
,unts. The Issuer shall pay the Paying Agent/Registrar's standard or
.ferring, converting, and exchanging any Bond or any portion thereof, but
conversion, and exchange shall pay any taxes or governmental charges
:to as a condition precedent to the exercise of such privilege of conversion
egistrar shall not be required to make any such conversion and exchange
on thereof(i) during the period commencing with the close of business on
opening of business on the next following principal or interest payment
or portion thereof called for redemption prior to maturity, within 45 days
issued in conversion and exchange or replacement of any other Bond or
fully registered form, without interest coupons, with the principal of and
.. only to the registered owners thereof, (ii) may be redeemed prior to their
'ansferred and assigned, (iv) may be converted and exchanged for other
~tics, (vi) shall be signed and sealed, and (vii) the principal of and interest
is provided, and in the manner required or indicated, in the FORM OF
his Ordinance.
harges. The Issuer hereby covenants with the registered owners of the
;rd or customary fees and charges of the Paying Agent/Registrar for its
I of the principal of and interest on the Bonds, when due, and (ii) pay the
~nt/Registrar for services with respect to the transfer of registration of
ersion and exchange of Bonds solely to the extent above provided in this
t/Registrar. The Issuer covenants with the registered owners of the Bonds
>utstanding the Issuer will provide a competent and legally qualified bank,
~n, or other agency to act as and perform the services of Paying
r this Ordinance, and that the Paying Agent/Registrar will be one entity.
may, at its option, change the Paying Agent/Registrar upon not less than
g Agent/Registrar, to be effective not later than 60 days prior to the next
f~er such notice. In the event that the entity at any time acting as Paying
merger, acquisition, or other method) should resign or othen,dse cease to
at it will promptly appoint a competent and legally qualified bank, trust
her agency to act as Paying Agent/Registrar under this Ordinance. Upon
gistrar, the previous Paying Agent/Registrar shall promptly transfer and
copy thereof), along with all other pertinent books and records relating to
Registrar designated and appointed by the Issuer. Upon any change in the
~romptly will cause a written notice thereof to be sent by the new Paying
owner of the Bonds, by United States mail, first-class postage prepaid,
lress of the new Paying Agent/Registrar. By accepting the position and
~gent/Registrar shall be deemed to have agreed to the provisions of this
his Ordinance shall be delivered to each Paying Agent/Registrar.
l0
Section 7. FORM OF SU
exchange or replacement of any oth~
Bond to be printed on each of such
shall be, respectively, substantially
are permitted or required by this Ot
NO.
(B
CITY OF
DRAFT: 4/27/2000
]STITUTE BONDS. The form of all Bonds issued in conversion and
:r Bond or portion thereof, including the form of Paying Agent/Registrar's
Bonds, and the Form of Assignment to be printed on each of the Bonds,
as follows, with such appropriate variations, omissions, or insertions as
inance.
?ORM OF SUBSTITUTE BOND
~ok-Entry Only Legend, if appropriate)
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
DENTON GENERAL OBLIGATION BOND
SERIES 2000
INTEREST RATE
M ~.TURITY DATE
ORIGINAL DATE
OF ISSUE
ON THE MATURITY
(the "Issuer"), being a political
hereof (either being hereinafter call,
and to pay interest thereon, calculat{
May 1, 2000, to the maturity date s
rate per annum specified above;,
semiannually on each August 15 m
Bond is later than the first Record ]
the interest payment date next prec~
any Record Date (hereinafter define
such principal mount shall bear in
THE PRINCIPAL OF AN
States of America, without exchar
registered owner hereof upon prese~
redemption prior to maturity, at the
WORTH, TEXAS, which is the
shall be made by the Paying Agent/
check, dated as of such interest pa
from, funds of the Issuer require
Ordinance") to be on deposit with
such check shall be sent by the Pay
each such interest payment date, tc
appeared at the close of business c
PRINCIPAL AMOUNT
$
d on the basis of a 360-day year composed of twelve 30-day months, from
Decified above, or the date of redemption prior to maturity, at the interest
vith interest being first due and payable on February 15, 2001, and
d February 15 thereafter, except that if the date of authentication of this
)ate (hereinafter defined), such principal amount shall bear interest from
ding the date of authentication, unless such date of authentication is after
t) but on or before the next following interest payment date, in which case
:crest from such next following interest payment date.
D INTEREST ON this Bond are payable in lawful money of the United
ge or collection charges. The principal of th/s Bond shall be paid to the
ttation and surrender of this Bond at maturity or upon the date fixed for its
; principal corporate trust office of BANK ONE, TEXAS, N.A., FORT
ying Agent/Registrar" for this Bond. The payment of interest on this Bond
Registrar to the registered owner hereof on each interest payment date by
anent date, drawn by the Paying Agent/Registrar on, and payable solely
t by the ordinance authorizing the issuance of the Bonds (the "Bond
he Paying Agent/Registrar for such purpose as hereinafter provided; and
ng Agent/Registrar by United States mail, first-class postage prepaid, on
the registered owner hereof, at the address of the registered owner, as it
n the last day of the month next preceding each such date (the "Record
11
.TE specified above the CITY OF DENTON, in Denton County, Texas
subdivision of the State of Texas, hereby promises to pay to
, or to the registered assignee
xt the "registered owner") the principal amount of
CUSIP NO.
Date") on thc Registration Books ke
payment of such interest may be m
requested by, and at the risk and ex1
redemption of this Bond prior to rr
principal corporate trust office of the
redemption and payment at the princ:
nants with the registered owner of tl
date, and accrued interest payment,
from the "Interest and Sinking Fund
payment, in immediately available f
IN THE EVENT of a nonp
thereafter, a new record date for su~
Paying Agent/Registrar, if and when
Notice of the Special Record Date an
Date", which shall be fifteen (15) &
days prior to the Special Record Dat
Holder of a Bond appearing on the
on the 15th business day next preee
IF THE DATE for the pa~
Sunday, a legal holiday, or a day on
is located are authorized by law or ~
. succeeding day which is not such a:
authorized to dose; and payment or
date payment was due.
THIS BOND is one of an i:
the Constitution and laws of the Stal
OF THE ACQUISITION OF PROt
IN SAID CITY, TO-WIT: STREE~
IMPROVEMENTS AND PARK Il
ON FEBRUARY 15, 201£
redeemed prior to their scheduled m:
and lawful source, as a whole, or:
DRAFT: 4/27/2000
~t by the paYing Agent/Registrar, as hereinafter described. However, the
adc by any other method acceptable to the Paying Agent/Registrar and
,ense of, the registered owner hereof. Any accrued interest due upon the
atufity as provided herein shall be paid to the registered owner at the
Paying Agent/Registrar upon presentation and surrender of this Bond for
pal corporate trust office of the Paying Agent/Registrar. The Issuer cove-
tis Bond that on or before each principal payment date, interest payment
late for this Bond it will make available to the Paying Agent/Registrar,
' created by the Bond Ordinance, the amounts required to provide for the
rods, of all principal of and interest on the Bonds, when due.
tyment of interest on a scheduled payment date, and for thirty (30) days
:h interest payment (a "Special Record Date") will be established by the
funds for the payment of such interest have been received from the Issuer.
:l of the scheduled payment date of the past due interest ("Special Payment
.ys after the Special Record Date) shall be sent at least five (5) business
: by United States mail, first class postage prepaid, to the address of each
'egistration books of the Paying Agent/Registrar at the close of business
ling the date of mailing of such notice.
ment of the principal of or interest on this Bond shall be a Saturday,
which banking institutions in the City where the Paying Agent/Registrar
xecutive order to close, then the date for such payment shall be the next
;aturday, Sunday, legal holiday, or day on which banking institutions are
such date shall have the same force and effect as if made on the original
sue of Bonds initially dated May 1, 2000, authorized in accordance with
: of Texas in the principal amount of $3,750,000, FOR THE PURPOSE
ERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES
'AND TRAFFIC CONTROL IMPROVEMENTS, PUBLIC LIBRARY
/IPROVEMENTS.
, or on any date whatsoever thereafter, the Bonds of this Series may be
rarities, at the option of the Issuer, with funds derived from any available
n part, and, if in part, the particular Bonds, or portions thereof, to be
redeemed shall be selected and desiI ~nated by the Issuer (provided that a portion of a Bond may be redeemed
only in an integral multiple of $5,0~ ~0), at the redemption price of the par or principal amount thereof, plus
accrued interest to the date fixed fot redemption.
/
AT LEAST 30 days prior t~ the date fixed for any redemption of Bonds or portions thereof prior to
maturity a written notice of such red{mption shall be sent by the Paying Agent/Registrar by United States mail,
first-class postage prepaid, to the registered owner of each Bond to be redeemed at its address as it appeared
on the 45th day prior to such redemg tion date; provided, however, that the failure to send, mail, or receive such
notice, or any defect therein or in t} e sending or mailing thereof, shall not affect the validity or effectiveness
of the proceedings for the redemptk n of any Bond. By the date fixed for any such redemption due provision
shall be made with the Paying Agen]/Registrar for the payment of the required redemption price for the Bonds
or portions thereof which are to be s ~ redeemed, plus accrued interest thereon to the date fixed for redemption.
12
If such written notice of redemptior
above, the Bonds or portions therec
redeemed prior to their scheduled ma
and they shall not be regarded as be
redemption price plus accrued inte~
payment. If a portion of any Bond
date, bearing interest at the same rat~
at the written request of the registe
portion thereof, will be issued to the ~
of the Issuer, all as provided in the
THIS BOND OR ANY P£
OF $5,000 may be assigned and sba
Paying Agent/Registrar acting inthe
in the Bond Ordinance. Among o
presented and surrendered to the Pa
form and with guarantee of signam
this Bond or any portion or portion~
whose name or names this Bond (
registered. The form of Assignment
or its duly authorized attorney or n
payable to such assignee or assignee
or Bonds), or to the previous regist~
this Bond, may be delivered by the
in the form and manner as provido
Bonds. The Issuer shall pay the Pa!
DRAFT: 4/27/2000
is given and if due provision for such payment is made, all as provided
f which are to be so redeemed thereby automatically shall be treated as
turities, and they shall not bear interest afmr the date fixed for redemption,
ng outstanding except for the fight of the registered owner to receive the
:st from the Paying Agent/Registrar out of the funds provided for such
shall be redeemed a substitute Bond or Bonds having the same maturity
, in any denomination or denominations in any integral multiple 0f$5,000,
red owner, and in aggregate principal amount equal to the unredeemed
egistered owner upon the surrender thereof for cancellation, at the expense
~iond Ordinance.
~RTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE
[11 be transferred only in the Registration Books of the Issuer kept by the
capacity of registrar for the Bonds, upon the terms and conditions set forth
~aer requirements for such assignment and transfer, this Bond must be
hng Agent/Registrar, together with proper instruments of assignment, in
'es satisfactory to the Paying Agent/Registrar, evidencing assignment of
. hereof in any integral multiple of $5,000 to the assignee or assignees in
~ any such portion or portions hereof is or are to be transferred and
>tinted or endorsed on this Bond shall be executed by the registered owner
~resentative, to evidence the assignment hereof. A new Bond or Bonds
(which then will be the new registered owner or owners of such new Bond
red owner in the case of the assignment and transfer of only a portion of
?aying Agent/Registrar in conversion of and exchange for this Bond, all
I in the next paragraph hereof for the conversion and exchange of other
ing Agent/Registrar's standard or customary fees and charges for making
such transfer, but the one requestinlt such transfer shall pay any taxes or other governmental charges required
to be paid with respect thereto. Th4 Paying Agent/Registrar shall not be required to make transfers of regis-
tration of this Bond or any portion l~ereof (i) during the period commencing with the close of business on any
Record Date and ending with the op~nmg of business on the next following principal or interest payment date,
or, (ii) with respect to any Bond or ,[ny portion thereof called for redemption prior to maturity, within 45 days
prior to its redemption date. The re ;istered owner of this Bond shall be deemed and treated by the Issuer and
the Paying Agent/Registrar as the al ~solute owner hereof for all purposes, including payment and discharge of
liability upon this Bond to the exten
be affected by any notice to the co~
ALL BONDS OF THIS
coupons, in the denomination of ar
Bond, or any unredeemed portion [
signees hereof, be converted into an(
without interest coupons, payable u
be, having the same maturity date, a
in any integral multiple of $5,000 ~
assignees, as the case may be, upon
in accordance with the form and pn
Agent/Registrar's standard or cust
Bond or any portion thereof, but the
or governmental charges required tc
: of such payment, and the Issuer and the Paying Agent/Registrar shall not
ERIES are issuable solely as fully registered bonds, without interest
t integral multiple of $5,000. As provided in the Bond Ordinance, this
~reof, may, at the request of the registered owner or the assignee or as-
[exchanged for a like aggregate principal amount of fully registered bonds,
~the appropriate registered owner, assignee, or assignees, as the case may
ad beating interest at the same rate, in any denomination or denominations
rs requested in writing by the appropriate registered owner, assignee, or
surrender of this Bond to the Paying Agent/Registrar for cancellation, all
cedures set forth in the Bond Ordinance. The Issuer shall pay the Paying
~mary fees and charges for transferring, converting, and exchanging any
one requesting such transfer, conversion, and exchange shall pay any taxes
be paid with respect thereto as a condition precedent to the exercise of such
13
privilege of conversion and exchant
conversion and exchange (i) during 1
ending with the opening of busines
respect to any Bond or portion the:
redemption date.
IN THE EVENT any Payi
otherwise ceases to act as such, the ]
a competent and legally qualified s
mailed to the registered owners of ti
IT IS HEREBY certified, ~
authorized, issued, sold, and deliver,
exist, and be done precedent to o~
performed, existed, and been done h
issued on the full faith and credit
payment of the interest on and princ
have been levied and ordered to be
irrevocably for such payment, withJ
BY BECOMING the regist,
the terms and provisions of the
acknowledges that the Bond Ordinm
records of the governing body of the
Ordinance constitute a contract bet,
IN WITNESS WHEREOF
signature of the Mayor of the Issuer
the City Secretary of the Issuer, am
in facsimile, on this Bond.
AWl'EST:
By:.
Jennifer Walters
City Secretary, City of Denton,
(CITY SEAL)
DRAFT: 4/27/2000
;e. The Paying Agent/Registrar shall not be required to make any such
he period commencing with the close of business on any Record Date and
I on the next following principal or interest payment date, or, (ii) with
'eof called for redemption prior to maturity, within 45 days prior to its
ng Agent/Registrar for the Bonds is changed by the Issuer, resigns, or
ssuer has covenanted in the Bond Ordinance that it promptly will appoint
abstitute therefor, and will promptly cause written notice thereof to be
Bonds.
ecited, and covenanted that this Bond has been duly and validly voted,
:d; that all acts, conditions, and things required or proper to be performed,
in the authorization, issuance, and delivery of this Bond have been
t accordance with law; that this Bond is a general obligation of the Issuer,
thereof; and that annual ad valorem taxes sufficient to provide for the
ipal of this Bond, as such interest comes due and such principal matures,
levied against all taxable property in the Issuer, and have been pledged
a the limit prescribed by law.
~red owner of this Bond, the registered owner thereby acknowledges all of
3ond Ordinance, agrees to be bound by such terms and provisions,
tee is duly recorded and available for inspection in the official minutes and
Issuer, and agrees that the terms and provisions of this Bond and the Bond
veen each registered owner hereof and the Issuer.
the Issuer has caused this Bond to be signed with the manual or facsimile
and countersigned and attested with the manual or facsimile signature of
has caused the official seal of the Issuer to be duly impressed, or placed
CITY OF DENTON, TEXAS
rexas
By:
Jack Miller
Mayor, City of Denton, TeXas
14
FORM OF PAYING AC
DRAFT: 4/27/2000
PAYING AGENT~
(To be executed ift
Certificate of the
It is hereby certified that t
described in this Bond; and that thh
ora bond, bonds, or a portion ora t
General of the State of Texas and r
Dated
ENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
REGISTRAR'S AUTHENTICATION CERTIFICATE
tis Bond is not accompanied by an executed Registration
Comptroller of Public Accounts of the State of Texas)
ais Bond has been issued under the provisions of the Bond Ordinance
Bond has been issued in conversion of and exchange for or replacement
ond or bonds of an issue which originally was approved by the Attorney
:gistered by the Comptroller of Public Accounts of the State of Texas.
BANK ONE, TEXAS, N.A.,
FORT WORTH, TEXAS, Paying Agent/Registrar
By
Authorized Representative
(INSER
FOR VALUE RECEIVEI
representative or attorney thereof,
/ /
(Assignee's Social
Security or Taxpayer
Identification Number)
BOND INSURANCE LEGEND, IF ANY)
FORM OF ASSIGNMENT:
ASSIGNMENT
the undersigned registered owner of this Bond, or duly authorized
ereby assigns this Bond to
(print or typewrite Assignee's name and
address, including zip code)
and hereby irrevocably constitutes ;md appoints
attorney to transfer the registration, )fthis Bond on the Paying Agent/Registrar's Registration Books with full
power of substitution in the premis,
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be gu
an eligible guarantor institution par
a securities transfer association
signature guarantee program.
~ranteed by
icipating in
recognized
Registered Owner
NOTICE: This signature must correspond with
the name of the Registered Owner appearing on
the face of this Certificate in every particular
without alteration or enlargement or any change
whatsoever.
15
DRAFT: 4/27/2000
· ' ' "n r
Section 8. TAX LEVY. ~ ~ special Interest and S~nking Fund (the Ite est and Sinking Fund") is
hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and
maintained by the Issuer at an officlal depository bank of the Issuer. The Interest and Sinking Fund shall be
kept separate and apart from all oth~r funds and accounts of the Issuer, and shall be used only for paying the
interest on and principal of the Bo~ds. All ad valorem taxes levied and collected for and on account of the
Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while
any of the Bonds or interest there¢ n are outstanding and unpaid, the governing body of the Issuer shall
compute and ascertain a rate and ax aount of ad valorem tax which will be sufficient to raise and produce the
money required to pay the interest ¢ n the Bonds as such interest becomes due, and to provide and maintain a
sinking fund adequate to pay the pr
the original principal amount of the
approved tax rolls of the Issuer, w
collection. Said rate and amount of
all taxable property in the Issuer fo~
unpaid; and said tax shall be assess~
Interest and Sinking Fund. Said ad
principal of the Bonds, as such int¢
payment, within the limit prescribex
Section 9. DEFEASANCI
be paid, retired, and no longer outst
to the extent provided in subsection
interest thereon to the due date (~
otherwise) either (i) shall have been
the giving of any required notice of 1
by irrevocably depositing with or m
money of the United States of Amer
mature as to principal and interest
reinvestment, of sufficient money to
by the Issuer with the Paying Agen
have become due and payable. At ~
aforesaid, such Bond and the intere
benefits of, the ad valorem taxes he
and interest shall be payable solely
(b) Any moneys so del
Issuer also be invested in Govemme
and all income from such Govern
required for the payment of the Bet
posited, shall be turned over to the
(c) The term "Govern
the United States of America, inclu,
guaranteed by the United States oft
and Local Government Series, whi~
(d) Until all Defeased i
perform the services of Paying Ag
ncipal of its Bonds as such principal matures (but never less than 2% of
Bonds as a sinking fund each year). Said tax shall be based on the latest
th full allowance being made for tax delinquencies and the cost of tax
~d valorem tax is hereby levied, and is hereby ordered to be levied, against
each year while any of the Bonds or interest thereon are outstanding and
d and collected each such year and deposited to the credit of the aforesaid
valorem taxes sufficient to provide for the payment of the interest on and
rest comes due and such principal matures, are hereby pledged for such
[ by law.
; OF BONDS. (a) Any Bond and the interest thereon shall be deemed to
mding (a "Defeased Bond") within the meaning of this Ordinance, except
(d) of this Section 9, when payment of the principal of such Bond, plus
ðer such due date be by reason of maturity, upon redemption, or
nade or caused to be made in accordance with the terms thereof(including
edemption), or (ii) shall have been provided for on or before such due date
ddng available to the Paying Agent/Registrar for such payment (1) lawful
ca sufficient to make such payment or (2) Government Obligations which
n such amounts and at such times as will insure the availability, without
provide for such payment, and when proper arrangements have been made
7Registrar for the payment of its services until all Defeased Bonds shall
uch time as a Bond shall be deemed to be a Defeased Bond hereunder, as
st thereon shall no longer be secured by, payable from, or entitled to the
rein levied and pledged as provided in this Ordinance, and such principal
from such money or Government Obligations.
,osited with the Paying Agent/Registrar may at the written direction of the
Obligations, maturing in the amounts and times as hereinbefore set forth,
nent Obligations received by the Paying Agent/Registrar which is not
ds and interest thereon, with respect to which such money has been so de-
Issuer, or deposited as directed in writing by the Issuer.
nent Obligations" as used in this Section shall mean direct obligations of
ling obligations the principal of and interest on which are unconditionally
anerica, which may be United States Treasury obligations such as its State
:h may be in book-entry form.
lends shall have become due and payable, the Paying Agent/Registrar shall
mt/Registrar for such Defeased Bonds the same as if they had not been
16
DRAFT: 4/27/2000
defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by
this Ordinance.
Section 10. DAMAGED. MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a)
Replacement Bonds. In the event a~y outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the
Paying Agent/Registrar shall causel to be printed, executed, and delivered, a new bond of the same principal
amount, maturity, and interest rate, ~ts the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement
for such Bond in the manner hereinafter provided.
/
(b) Application for Re1 dacement Bonds. Application for replacement of damaged, mutilated, lost,
stolen, or destroyed Bonds shall be
every case of loss, theft, or destruct
furnish to the Issuer and to the Payb
to save each of them harmless from
or destruction of'a Bond, the regk,
evidence to their satisfaction of the ]
of damage or mutilation of a Bond
cancellation the Bond so damaged ~
(c) No Default Occun
of any such Bond shall have mature
the principal of, redemption premit
of the same (without surrender ther,
a replacement Bond, provided secu
(d) Charge for Issuin
Paying Agent/Registrar shall chat
expenses in connection therewith.
by virtue of the fact that any Bond
Issuer whether or not the lost, stol
anyone, and shall be entitled to all t
other Bonds duly issued under this
(e) Authority for Issl
Government Code, this Section of
replacement bond without necessit~
person, and the duty of the replac~
Agent/Registrar, and the Paying A
manner and with the effect, as prov
exchange for other Bonds.
Section 11. COVENANTS
taking any action which would ad~
as obligations described in section
interest on which is not includable i~
In furtherance thereof, the Issuer c.
made by the registered owner thereof to the Paying Agent/Registrar. In
on of a Bond, the registered owner applying for a replacement bond shall
tg Agent/Registrar such security or indemnity as may be required by them
any loss or damage with respect thereto. Also, in every case of loss, theft,
tered owner shall furnish to the Issuer and the Paying Agent/Registrar
oss, theft, or destruction of such Bond, as the case may be. In every case
. the registered owner shall surrender to the Paying AgentJRegistrar for
~r mutilated.
~. Notwithstanding the foregoing provisions of this Section, in the event
d, and no default has occurred which is then continuing in the payment of
m, if any, or interest on the Bond, the Issuer may authorize the payment
:of except in the case ora damaged or mutilated Bond) instead of issuing
Sty or indemnity is furnished as above provided in this Section.
Replacement Bonds. Prior to the issuance of any replacement bond, the
;e the registered owner of such Bond with all legal, printing, and other
2very replacement bond issued pursuant to the provisions of this Section
is lost, stolen, or destroyed shall constitute a contractual obligation of the
eh, or destroyed Bond shall be found at any time, or be enfomeable by
~e benefits of this Ordinance equally and proportionately with any and all
~rdinance.
ng Replacement Bonds. In accordance with Chapter 1201, Texas
this Ordinance shall constitute authority for the issuance of any such
of further action by the governing body of the Issuer or any other body or
ment of such bonds is hereby authorized and imposed upon the Paying
lent/Registrar shall authenticate and deliver such Bonds in the form and
ided in Section 6(d) of this Ordinance for Bonds issued in conversion and
REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from
ersely affect, or to take such action to assure, the treatment of the Bonds
103 of the Internal Revenue Code of 1986, as amended (the "Code"), the
i the "gross income" of the holder for purposes of federal income taxation.
~venants as follows:
17
(a) to take any
or the projects financed the:
"private business use", as d
proceeds or the projects fin~
Issuer, with respect to suct
underlying arrangement, (ti
percent of the debt service,
(b) to take an:
in subsection (a) hereof ex
therewith (less amounts dep
is used for a "private busm{
of section 141 (b)(3) of the
(c) to take an
$5,000,000, or five percent
if any) is, directly or indirec
umts, m contravention of s~
(d) to refrain
treated as "private activity
(e) to refrain
guaranteed" within the mca
(f) to refrain
to acquire or to replace fun
(as defined in section 1481
of the Bonds, other than h
(1) pr
or less, or in the c~
are needed for the'
(2) ar
section 1.148-1(b)
(3) ar
to the extent such,
case of a discount
(g) to otherw
proceeds of the Bonds, as
requirements of section 14
to hedge bonds), and, to
refundings); and
DRAFT: 4/27/2000
action to assure that no more than 10 percent of the proceeds of the Bonds
'ewith (less amounts deposited to a reserve fund, if any) are used for any
:fined in section 141(b)(6) of the Code, or if more than 10 percent of the
need therewith are so used, such amounts, whether or not received by the
private business use, do not, under the terms of this Ordinance or any
rectly or indirectly, secure or provide for the payment of more than 10
m the Bonds, in contravention of section 14 l(b)(2) of the Code;
action to assure that in the event that the "private business use" described
:eeds five percent of the proceeds of the Bonds or the projects financed
~sited into a reserve fund, if any) then the amount in excess of five percent
ss use" which is "related" and not "disproportionate", within the meaning
2ode, to the governmental use;
action to assure that no amount which is greater than the lesser of
of the proceeds of the Bonds (less amounts deposited into a reserve fund,
:ly, used to finance loans to persons, other than state or local governmental
~.ction 141(c) of the Code;
kern taking any action which would otherwise result in the Bonds being
>ends" within the meamng of section 141(b) of the Code;
5'om taking any action that would result in the Bonds being "federally
aing of section 149(b) of the Code;
rom using any portion of the proceeds of the Bonds, directly or indirectly,
ts which were used, directly or indirectly, to acquire investment property
(2) of the Code) which produces a materially higher yield over the term
estment property acquired' with --
)ceeds of the Bonds invested for a reasonable temporary period of 3 years
;e of a refunding bonds, for a period of 30 days or less until such proceeds
~urpose for which the Bonds are issued,
tounts invested m a bona fide debt service fund, within the meaning of
>fthe Treasury Regulations, and
ounts deposited in any reasonably required reserve or replacement fund
mounts do not exceed l0 percent of the stated principal amount (or, in the
the issue price) of the Bonds;
se restrict the use of the proceeds of the Bonds or amounts treated as
may be necessary, so that the Bonds do not othen~ise contravene the
t of the Code (relating to arbitrage), section 149(g) of the Code (relating
the extent applicable, section 149(d) of the Code (relating to advance
18
(h) to pay to
(beginning on the date of d~
"Excess Earnings", within
of America, not later that 6
then required to be paid as
For purposes of the forego:
"disposition proceeds" as defined in
proceeds (if any) and proceeds of ti
is the understanding of the Issuer th
the Code and any regulations or rulh
In the event that regulations or ruli~
Code, as applicable to the Bonds, th
to the extent that such failure to ~
adversely affect the exemption fro~r
Code. In the event that regulations c
winch am applicable to the Bonds, 1
necessary and reasonably possible, ~
tion from federal income taxation e
such intention, the Issuer hereby au
reports required by the Code and tc
the Code as are consistent with the p
the covenants in this section after d
In order to facilitate compl
by the Issuer for the sole benefit of
claim of any other person, includinl
the additional purpose of compliant
Section 12. ALLOCATIO1
The Issuer covenants to account fo
the purposes described in Section
with the requirements of the Inten
be considered used for the reimbun
months of the later of the date that ~
later than three years after the date
the Issuer recognizes that in order
DRAFT: 4/27/2000
he United States of America at least once during each five-year period
..livery of the Bonds) an amount that is at least equal to 90 percent of the
he meaning of section 148(0 of the Code and to pay to the United States
days after the Bonds have been paid in full, 100 percent of the amount
result of Excess Earnings under section 148(0 of the Code.
ng (a) and (b), the Issuer understands that the term "proceeds" includes
the Treasury Regulations and, in the case of refunding bonds, transferred
e refunded bonds expended prior to the date of issuance of the Bonds. It
at the covenants contained herein are intended to assure compliance with
tgs promulgated by the U.S. Department of the Treasury pursuant thereto.
gs are hereafter promulgated which modify, or expand provisions of the
,~ Issuer will not be required to comply with any covenant contained herein
omply, in the opimon of nationally-recognized bond counsel, will not
federal income taxation of interest on the Bonds under section 103 of the
r rulings are hereafter promulgated which impose additional requirements
he Issuer agrees to comply with the additional requirements to the extent
t the opinion of nationally-recognized bond counsel, to preserve the exemp-
t'interest on the Bonds under section 103 of the Code. In furtherance of
thorizes and directs the Mayor to execute any documents, certificates or
make such elections, on behalf of the Issuer, which may be permitted by
arpose for the issuance of the Bonds. The Issuer covenants to comply with
feasance of the Bonds.
race with the above covenant (h), a "Rebate Fund" is hereby established
the United States of America, and such fund shall not be subject to the
,. without limitation, the bondholders. The Rebate Fund is established for
;e with section 148 of the Code.
~ OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT.
: the expenditure of sale proceeds and investment earnings to be used for
of this Ordinance (the "Project") on its books and records in accordance
l Revenue Code. The Issuer recognizes that in order for the proceeds to
ement of costs, the proceeds must be allocated to expenditures within 18
l) the expenditure is made, or (2) the Project is completed; but in no event
m which the original expenditure is paid. The foregoing notwithstanding,
for proceeds to be expended under the Internal Revenue Code, the sale
proceeds or investment earnings rmst be expended no more than 60 days after the later of (1) the fifth
anniversary of the delivery of the B ~nds, or (2) the date the Bonds are retired. The Issuer agrees to obtain the
advice of nationally-recognized bold counsel if such expenditure fails to comply with the foregoing to assure
that such expenditure will not adve}rsely affect the tax-exempt status of the Bonds. For purposes hereof, the
Issuer shall not be obligated to con, ply with this covenant if it obtains an opinion that such failure to comply
will not adversely affect the excludability for federal income tax purposes from gross income of the interest.
/
Section 13. DISPOSITIOi~ OF PROJECT. The Issuer covenants that the property constituting the
, disposed in a transaction resulting in the receipt by the Issuer of cash or
Project will not be sold or otherwis
other compensation, unless the Issu
or other disposition will not advert
:r obtains an opinion of nationally-recognized bond counsel that such sale
ely affect the mx-exempt status of the Bonds. For purposes hereof, the
19
Issuer shall not be obligated to cot
comply will not adversely affect thc
interest.
Section 14. CUSTODY, A
OPINION, CUSIP NUMBERS, PR
ized to have control of the Initial Bc
to the Initial Bond pending its detivet
of the State of Texas, and its regist~
registration of the Initial Bond said
for said Comptroller) shall manuall
the seal of said Comptroller shall be
opinion of the Issuer's Bond Couns
printed on the Initial Bond or on any
of any Bond, but neither shall have
of the registered owners of the Bo
hereof for all purposes. If insurance
bear an appropriate legend concern
Section 15. SALE OF INI
thereon to date of delivery, plus
determined, and declared that the ]
interest cost, after receiving sealed
Official Statement dated April 18,
Bond. Said Official Notice of Sale:
ment, or amendment thereto have I:
sale of the Bonds is hereby approve¢
and representations contained in sai
material respects, to the best know]
Section 16. INTEREST 1~
investment of proceeds from the sa]
acquisition and construction of ti
completion of such improvements, i
be deposited in the Interest and Si~
bond proceeds which are required t~
in order to prevent the Bonds fron
earnings for the purposes of this S~
Section 17. DTC REGIST
that no physical distribution of th~
("DTC"), New York, New York, in
a limited purpose trust company ~
Federal Reserve System, a "clearin
Code, and a "clearing agency" regi
as amended, and the Issuer accepts,
by this Ordinance shall be deliverer
DRAFT: 4/27/2000
aply with this covenant if it obtains a legal opinion that such failure to
excludability for federal income tax purposes from gross income of the
?PROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S
EAMBLE AND INSURANCE. The Mayor of the Issuer is hereby author-
nd issued hereunder and all necessary records and proceedings pertaining
y and its investigation, examination, and approval by the Attorney General
ation by the Comptroller of Public Accounts of the State of Texas. Upon
Comptroller of Public Accounts (or a deputy designated in writing to act
y sign the Comptroller's Registration Certificate on the Initial Bond, and
impressed, or placed in facsimile, on the Initial Bond. The approving legal
,q and the assigned CUSIP numbers may, at the option of the Issuer, be
Bonds issued and delivered in conversion of and exchange or replacement
any legal effect, and shall be solely for the convenience and information
ads. The preamble to this Ordinance is hereby adopted and made a part
is obtained on any of the Bonds, the Initial Bond and all other Bonds shall
ng insurance as provided by the insurer.
I'IAL BOND. The Initial Bond is hereby sold and shall be delivered to
, for cash for the par value thereof and accrued interest
~ cash premium of $ . It is hereby officially found,
aitial Bond has been sold at public sale to the bidder offering the lowest
bids pursuant to an Official Notice of Sale and Bidding Instructions and
2000, prepared and distributed in connection with the sale of the Initial
ad Bidding Instructions and Official Statement, and any addenda, supple-
~.en and are hereby approved by the Issuer, and their use in the offer and
· It is further officially found, determined, and declared that the statements
t Official Notice of Sale and Official Statement are true and correct in all
edge and belief of the City Council.
ARNINGS ON BOND PROCEEDS. Interest earnings derived from the
, of thc Initial Bond shall be used along with other bond proceeds for the
e improvements for which the Bonds are issued; provided that alter
f'any of such interest earnings remain on hand, such interest earnings shall
king Fund. It is further provided, however, that any interest eamings on
~ be rebated to the United States of America pursuant to Section 11 hereof
being arbitrage bonds shall be so rebated and not considered as interest
ction.
~TION. The Bonds initially shall be issued and delivered in such manner
Bonds will be made to the public, and The Depository Trust Company
[tially will act as depository for the Bonds. DTC has represented that it is
tcorporated under the laws of the State of New York, a member of the
~ corporation" within the meaning of the New York Uniform Commercial
itered under Section 17A of the federal Securities Exchange Act of 1934,
but in no way verifies, such representations. The Initial Bond authorized
to and registered in the name of the Purchaser. However, it is a condition
20
of delivery and sale that the Purchas~
as provided for in this Ordinance, to
for each maturity of such Initial Bc
& CO., the nominee of DTC, and il
expected that DTC will hold the B~
and described in the Official Statem,
So long as each Bond is registered
deal with DTC in all respects the sa
DTC will maintain a book entry sys
pants in integral amounts of $5,000
DTC Participants pursuant to rules
deposited with DTC shall be immob
ter provided. The Issuer is not re!
paying any fees or charges with r
supervising, or reviewing the recon
the beneficial owners of the Bonds.
arrangements with DTC to establk,
method of paying the fees and chart
that the initial book-entry system e~,
the right and option at any time in t~
entry only registration requirement
any owner. If the Issuer exercises it
of such termination to the Paying,
shall, upon presentation and prope~
Notwithstanding the initial establisl
of the originally delivered substitu~
for transfer and substitution, as p~
provided in this Ordinance, and the
be maintained for such Bonds.
Section 18. CONTINUIb
annually to each NRMSIR and any
1999, financial information and ope
Official Statement authorized by S
hereto, which Exhibit is attached to
financial statements so to be prov
described in Exhibit A hereto, or sm
time to time pursuant to state law,
statements and the audit is complel
such financial statements is not eon
statements by the required time am
each NRMSIR and any SID, when
(ii) If the Issuer changes
of the date of the new fiscal year et
to provide financial information ar
operating data to be provided pursu
be included by specific reference to
DRAFT: 4/27/2000
immediately after such delivery, shall cause the Paying Agent/Registrar,
cancel said Initial Bond and deliver in exchange therefor a substitute Bond
ad, with each such substitute Bond to be registered in the name of CEDE
shall be the duty of the Paying Agent/Registrar to take such action. It is
~nds on behalf of the Purchaser and/or The DTC Participants, as defined
:nt referred to and approved in Section 15 hereof(the "DTC Participants").
ha the name of CEDE & CO., the Paying Agent/Registrar shall treat and
~ae as if it were the actual and beneficial owner thereof, k is expected that
:em which will identify beneficial ownership of the Bonds by DTC Partici-
with transfers of ownership being effected on the records of DTC and the
and regulations established by them, and that the substitute Bonds initially
.lized and not be further exchanged for substitute Bonds except as hereinaf-
~onsible or liable for any functions of DTC, will not be responsible for
,spect to its services, will not be responsible or liable for maintaimng,
s of DTC or the DTC Participants, or protecting any interests or rights of
It shall be the duty of the Purchaser and the DTC Participants to make all
t this book-entry system, the beneficial ownership of the Bonds, and the
Ds of DTC. The Issuer does not represent, nor does it in any way covenant
ablished with DTC will be maintained in the future. The Issuer reserves
e future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-
described above, and to permit the Bonds to be registered in the name of
; right and option to terminate such requirement, it shall give written notice
tgent/Registrar and to DTC, and thereafter the Paying Agent/Registrar
request, register any Bond in any name as provided for in this Ordinance.
anent of the foregoing book-entry system with DTC, if for any reason any
: Bonds is duly filed with the Paying Agent/Registrar with proper request
~vided for in this Ordinance, substitute Bonds will be duly delivered as
re will be no assurance or representation that any book-entry system will
G DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide
SID, within six months after the end of each fiscal year ending in or after
rating data with respect to the Issuer of the general type included in the final
~etion 16 of this Ordinance, being the information described in Exhibit A
md incorporated in this Ordinance as if written word for word herein. Any
ded shall be (1) prepared in accordance with the accounting principles
h other accounting principles as the Issuer may be required to employ from
Dr regulation, and (2) audited, if the Issuer commissions an audit of such
ed within the period during which they must be provided. If the audit of
tplete within such period, then the Issuer shall provide unaudited financial '
[ will provide audited financial statements for the applicable fiscal year to
and if the audit report on such statements become available.
s fiscal year, it will notify each NRMSIR and any SID of the change (and
.d) prior to the next date bY which the Issuer otherwise would be required
d operating data pursuant to this Section. The financial information and
ant to this Section may be set forth in full in one or more documents or may
any document (including an official statement or other offering document,
21
if it is available from the MSRB) fl
with the SEC.
(b) Material Event Notices
in a timely manner, of any of the fe
the meaning of the federal securitie
1. Principal
2. Non-payn
3. Unschedul
4. Unschedul
5. Substituti{
6. Adverse
7. Modificati
8. Bond calls
9. Defeasanc
10. Release, s~
11. Rating chi
The Issuer shall notify any SID and
the Issuer to provide financial infon
by the time required by such subse~
(c) Limitations, Disclaime]
perform the covenants specified m
"obligated person" with respect to ti
will give the notice required by Sut
to no longer be such an "obligated I
(ii) The provisions of this
owners of the Bonds, and nothing i
equitable right, remedy, or claim h
financial information, operating dar
pursuant to this Section and does m
or material to a complete present,
undertake to update any informatior
provided herein. The Issuer does m
usefulness to a decision to invest i~
DRAFT: 4/27/2000
.at theretofore has been provided to each NRMSIR and any SID or filed
The Issuer shall notify any SID and either each NRMSIR or the MSRB,
[lowing events with respect to the Bonds, if such event is material within
~ laws:
nd interest payment delinquencies;
ent related defaults;
:d draws on debt service reserves reflecting financial difficulties;
:d draws on credit enhancements reflecting financial difficulties;
o of credit or liquidity providers, or their failure to perform;
x opinions or events affecting the tax-exempt stares of the Bonds;
~ns to fights of holders of the Bonds;
tbstimtion, or sale of property securing repayment °fthe Bonds; and
nges.
either each NRMSIR or the MSRB, in a timely manner, of any failure by
aation or operating data in accordance with subsection (a) of this Section
tion.
s, and Amendments. (i) The ISsuer shall be obligated to observe and
~s Section for so long as, but only for so long as, the Issuer remains an
e Bonds within the meaning of the Rule, except that the Issuer in any event
section (b) hereof of any. Bond calls and defeasance that cause the Issuer
~erson".
Section are for the sole benefit of the registered owners and beneficial
t this Section, express or implied, shall give any benefit or any legal or
..reunder to any other person. The Issuer undertakes to provide only the
, financial statements, and notices which it has expressly agreed to provide
~ hereby undertake to provide any other information that may be relevant
tion of the Issuer's financial results, condition, or prospects or hereby
provided m accordance with this ~ection or otherwise, cxcep~ as enpressly
t make any representation or warranty concerning such information or its
or sell Bonds at any furore date.
22
(iii) UNDER NO CIRCUI
EMPLOYEES, BE LIABLE TO ~
BOND OR ANY OTHER PERS(
WHOLE OR IN PART FROM.
WITHOUT FAULT ON ITS PART
RIGHT AND REMEDY OF ANY ~
OF ANY SUCH BREACH SHALl
PERFORMANCE.
(iv) No default by the Iss
comprise a breach of or default um
Nothing in this Section is intended
under federal and state securities la
(v) The provisions of this S,
circumstances that arise from a ch:
nature, status, or type of operations
would have permitted an undevevri
compliance with the Rule, taking
offering as well as such changed
DRAFT: 4/27/2000
~ISTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND
liE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY
~N, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN
kNY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR
i OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY
,UCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT
~ BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
aer in observing or performing its obligations under this Section shall
[er the Ordinance for purposes of any other provision of this Ordinance.
Dr shall act to disclaim, waive, or othenvise limit the duties of the Issuer
NS.
~ction may be amended by the Issuer from time to time to adapt to changed
~age in legal requirements, a change in law, or a change in the identity,
of the Issuer, but only if(l) the provisions of this Section, as so amended,
~er to purchase or sell Bonds in the primary offering of the Bonds in
nto account any amendments or interpretations of the Rule since such
:ireumstances and (2) either (a) the registered owners of a majority in
aggregate principal amount (or an,. greater amount required by any other provision of this Ordinance that
authorizes such an amendment) of he outstanding Bonds consent to such amendment or (b) a person that is
unaffiliated with the Issuer (such as ~ationally recognized bond counsel) determined that such amendment will
not materially impair the interest or,he registered owners and beneficial owners of the Bonds. If the Issuer so
amends the provisions of this Section, it shall include with any amended financial information or operating data
next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason
for the amendment and of the impa~ :t of any change in the type of financial information or operating data so
nd or repeal the provisions of this continuing disclosure agreement if the
provided. The Issuer may also am{
SEC amends or repeals the applicab
such provisions of the Rule are inva
not prevent an underwriter from lax
(d) Definitions. As used in
below:
"MSRB" means the Munic
"NRMSIR" means each pex
municipal securities information re
"Rule" means SEC Rule 1
"SEC" means the United S
"SID" means any person ~
agency thereof as, and determined
meaning of the Rule from time to ti
~e provision of the Rule or a court of final jurisdiction enters judgment that
lid, but only if and to the extent that the provisions of this sentence would
rfully purchasing or selling Bonds in the primary offering of the Bonds.
this Section, the following terms have the meanings ascribed to such terms
~al Securities Rulemaking Board.
m whom the SEC or its~staffhas determined to be a nationally recognized
~ository within the meaning of the Rule from time to time.
c2-12, as amended from time to time.
ates Securities and Exchange Commission.
esignated by the State of Texas or an authorized depaxm~ent, officer, or
by the SEC or its staff to be, a state information depository within thc
23
Section 19. FURTHER P~
and all other officers, employees, ~
expressly authorized, empowered, ~
acts and things and to execute, ackm
of the Issuer all such instruments, u
to carry out the terms and provision
of Sale and Official Statement; and
of issuance of the Bonds to be paid
available funds of the Issuer. In ca:
such officer before the delivery of s
purposes the same as if such office:
Section 20. OPEN MEE'I
which this Ordinance is considered
the provisions of the Texas Open 1~
Section 2 I. EFFECTIVE I3
and approval.
DRAFT: 4/27/2000
.OCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer,
nd agents of the Issuer, and each of them, shall be and they are hereby
nd directed from time to time and at any time to do and perform all such
~wledge, and deliver in the name and under the corporate seal and on behalf
hether or not herein mentioned, as may be necessary or desirable in order
~ of this Bond Ordinance, the Bonds, the sale of the Bonds, and the Notice
the Assistant City Manager/Finance of the City shall cause the expenses
from the proceeds of sale of the Initial Bond or from any other lawfully
~e any officer whose signature shall appear on any Bond shall cease to be
ach Bond, such signature shall nevertheless be valid and sufficient for all
' had remained in office until such delivery.
INGS. The City Council has found and determined that the meeting at
s open to the public and that notice thereof was given in accordance with
leerings, Law, Tex. GoVt. Code, Chapter 55 l, as amended.
ATE. This Ordinance shall become effective immediately upon its passage
24
PASSED AND APPROV!
ATTEST:
Jennifer Walters, City Secretary
By:~
APPROVED AS TO LEGAL FOI~
Herbert L. Prouty, City Attorney
;D this the 2nd day of May, 2000.
Jack Miller, Mayor
m~
25
DRAFT: 4/27/2000
DESCRIPTI(
The following information
Annual Financial Statements and
The financial information
accordance with such Section are a!
Statement referred to) below:
Tables numbered 1 throu~
Requirements" and "Financial Info
Appendix B in the Official
Accounting Principles
The accounting principles
notes to the financial statements re:
DRAFT: 4/27/2000
EXHIBIT A
IN OF ANNUAL FINANCIAL INFORMATION
is referred to in Section 18 of this Ordinance:
Operating Data
and operating data with respect to the Issuer to be provided annually in
specified (and included in the Appendix or under the tables of the Official
;h 14, inclusive, under the captions "Tax Information", "Debt Service
marion" in the Official Statement.
Statement.
referred to in such Section are the account'mg principles described in the
~rred to in the paragraph above.
AGENDA DATE: May 2,
DEPARTMENT: Fiscal
ACM: Kathy
Fiscal
SUBJECT
Receive and open bids regar~
2000.
BACKGROUND
On May 2, 2000, David Meda
Parkhurst and Horton will
Certificates of Obligation Bon
tabulating them before the Cit
These Bonds will provide ft
projects and improvements:
$2,370,000 Facilitie
$ 405,000 Compre
$ 150,000 Commu
$ 100,000 Fleet Se
PRIOR ACTION/REVIEW,
All of these projects were ag
approved in the bond electi~
Management Committee at the
sale of bond funds.
FISCAL INFORMATION
The Certificates of Obligati,
requirement of $270,000.
AGENDA INFORMATION SHEET
:000
>erations
. ~.-~-~
12 xBose, Assistant City Manager ~x'V
mtd Municipal Services
agenda No.~
Agenda Item
Ling City of Denton Certificates of Obligation Bonds, Series
aich of First Southwest Co., and Ted Brizzolara III of McCall,
[eliver and open the bids regarding the City of Denton's
Is, Series 2000. The process of opening the bids publicly and
Council is required by City Charter.
~ding of $3,025,000 (plus cost of issuance) for the following
Renovation
~ensive Plan Rewrite
fication
Mces Facilities
'Council. Boards. Commission)
~roved in the 2000-2004 Capital Improvement Program and
n on January 15, 2000. This was reviewed by the Debt
February 8, 2000 meeting. They approved to proceed with the
Bonds have an estimated average annual debt service
Diana G. Ortiz
Director of Fiscal Operations
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Fiscal Operations
Kathy DuBose, Assistant City Manager ~
Fiscal and Municipal Services
Agenda
Agenda Item
SUBJECT
Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of
Denton Certificates of Obligation Bonds, Series 2000, and approving and authorizing
instruments and procedures relating thereto; and providing an effective date.
BACKGROUND
On May 2, 2000, David Medanich of First Southwest Co., and Ted Brizzolara III of
McCall, Parkhurst and Horton will deliver and open the bids regarding the City of
Denton's Certificates of Obligation Bonds, Series 2000. The process of opening the bids
publicly and tabulating them before the City Council is required by City Charter.
These Bonds will provide funding of $3,025,000 (plus cost of issuance) for the following
projects and improvements:
$2,370,000
$ 405,000
$ 150,000
$ 100,000
Facilities Renovation
Comprehensive Plan Rewrite
Communication
Fleet Services Facilities
RECOMMENDATION
Management staff recommends approval of this ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
All of these projects were approved in the 2000-2004 Capital Improvement Program and
approved in the bond election on January 15, 2000. This was reviewed by the Debt
Management Committee at the February 8, 2000 meeting. They approved to proceed
with the sale of bond funds.
FISCAL INFORMATION
The Certificates of Obligation Bonds have an estimated average annual debt service
requirement of $270,000.
Respectfully submitted: ~
Diana G. Ortiz
Director of Fiscal Operations
DRAFT: 4/27/2000
ORDINANCE NO. 2000-
ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF
DENTON CERTIFICATES OF OBLIGATION, SERIES 2000, AND APPROVING AND
AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND
PROVIDING AN EFFECTIVE DATE.
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, the Certificate of Obligation Act of 1971, as amended and codified (the "Act") and
Chapters 1207 and 1501 of the Texas Government Code, as amended, permit the City to issue and sell for cash
the Certificates of Obligation hereinafter authorized; and
WHEREAS, the City has duly caused notice of its intention to issue the Certificates of Obligation
hereinafter authorized to be published at the times and in the manner required by the Act and no petition has
been filed protesting the issuance thereof, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate or certificates
of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate
· principal amount of $2,505,000, for the purpose of paying all or a portion of the City's contractual obligations
incurred pursuant to contracts for the purchase of certain real and personal property, to-wit: (a) fuel facilities
at the City's airport, (b) upgrades to the City's communication system, (c) renovation to fire stations and-
acquisition of fire equipment, (d) fuel and maintenance facilities for the City's vehicles and (e) various
equipment for the City's landfill, and also for the purpose of paying all or a portion of the City's contractual
obligations for professional services of engineers, attorneys, and financial advisors in connection with the above
contracts and said Certificates of Obligation.
Section 2. DESIGNATION .OF THE CERTIFICATES. Each certificate issued pursuant to this
Ordinance shall be designated: "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 2000",
and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without
interest coupons, payable in installments of principal (the "Initial Certificate"), but the Imtial Certificate may
be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully
registered certificates, without interest coupons, having serial maturities, and in the denomination or denomi-
nations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term
"Certificates" as used in this Ordinance shall mean and include collectively the Initial Certificate and all
substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates
issued pursuant hereto, and the term "Certificates" shall mean any of the Certificates.
Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE.
(a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder as a smgle
fully registered Certificate, without interest coupons, dated May 1, 2000, in the denomination and aggregate
DRAFT: 4/27/2000
principal amount of $2,505,000, numbered R-l, payable in annual installments of principal to the initial
registered owner thereof, to-wit:
or to the registered assignee or assignees of said Certificate or any portion or portions thereof (in each case,
the "registered owner"), with the annual installments of principal of the Initial Certificate to be payable on the
dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL
CERTIFICATE set forth in this Ordinance.
(b) The Imtial Certificate (i) may be assigned and transferred, (ii) may be converted and exchanged
for other Certificates, (iii) shall have the characteristics, and (iv) shall be signed and sealed, and the principal
of and interest on the Initial Certificate shall be payable, all as provided, and in the manner required or indi-
cated, in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the Initial Certificate shall bear interest from
the date of the Initial Certificate to the respective scheduled due dates of the installments of principal of the
Initial Certificate, and said interest shall be payable, all in the rnamaer provided and at the rates and on the dates
stated in the FORM OF 1NITIAL CERTIFICATE set forth in this Ordinance.
Section 5. FORM OF INITIAL CERTIFICATE. The form of the Initial Certificate, including the
form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed
on the Initial Certificate, shall be substantially as follows:
FORM OF INITIAL CERTIFICATE
NO. R-1 $2,505,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON CERTIFICATE OF OBLIGATION
SERIES 2000
THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of
the State of Texas, hereby promises to pay to
or to the registered assignee or assignees of this Certificate or any portion or portions hereof (in each case, the
"registered owner") the aggregate principal amount of
$2,505,000
(TWO MILLION FIVE HUNDRED FIVE THOUSAND DOLLARS)
in annual installments of principal due and payable on February 15 m each of the years, and in the respective
principal amounts, as set forth in the following schedule, and to pay interest, from the date of this Certificate
hereinafter stated, on the balance of each such installment of principal, respectively, from time to time
remaining unpaid, at'the rates per annum as follows:
DRAFT: 4/27/2000
PRINCIPAL INTEREST
YEAR AMOUNT RATE(%) YEAR
PRINCIPAL
AMOUNT
INTEREST
RATE(%)
2001 130,000 2011
2002 125,000 2012
2003 125,000 2013
2004 125,000 2014
2005 125,000 2015
2006 125,000 2016
2007 125,000 2017
2008 125,000 2019
2009 125,000 2019
2010 125,000 2020
125 000
125 000
125 000
125 000
125 000
125 000
125 000
125 000
125 000
125 000
Interest shall first be due and payable on February 15, 2001, and semiannually on each February 15
and August 15 thereafter while this Bond or any portion hereof is outstanding and unpaid. Said interest shall
be calculated on the basis of a 360-day year composed of twelve 30-day months.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate are payable
in lawful money of the United States of America, without exchange or collection charges. The installments of
principal and the interest on this Certificate are payable to the registered owner hereof through the services of
BANK ONE, TEXAS, N.A., FORT WORTH, TEXAS, which is the "Paying AgenffRegistrar" for this
Certificate. Payment of all principal of and interest on this Certificate shall be made by the Paying
Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check dated
as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required
by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with
the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the
Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or
interest payment date, to the registered owner hereof, at the address of the registered owner, a~ it appeared at
the close of business on the last day of the month next preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with
the registered owner of this Certificate that on or before each principal and/or interest payment date for this
Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created
by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds,
of all principal of and interest on this Certificate, when due.
IN THE EVENT of a nonpayment of interest on a .scheduled payment date, and for thirty (30) days
thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the
Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer.
Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment
Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business
days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each
Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of
business on the 15th business day next preceding the date of mailing of such notice.
DRAFT: 4/27/2000
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar
is located are authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
THIS CERTIFICATE has been authorized in accordance with the Constitution and laws of the State
of Texas in the principal amount of $2,505,000 for the purpose of paying all or a portion of the City's
contractual obligations incurred pursuant to contracts for the purchase of certain real and personal property,
to-wit: (a) fuel facilities at the City's airport, (b) upgrades to the City's communication system, (c) renovation
to fire stations and acquisition of fire equipment, (d) fuel and maintenance facilities for the City's vehicles and
(e) various equipment for the City's landfill; and also for the purpose of paying all or a portion of the City's
contractual obligations for professional services of engineers, attorneys, and financial advisors in connection
with the above contracts and said Certificates of Obligation.
ON FEBRUARY 15, 2010, or on any date whatsoever thereafter, the unpaid installments of principal
of this Certificate of Obligation may be prepaid or redeemed prior to their scheduled due dates, at the option
of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular
portion of this Certificate of Obligation to be prepaid or redeemed shall be selected and designated by the Issuer
(provided that a portion of this Certificate of Obligation may be redeemed only in an integral multiple of
$5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest
to the date fixed for prepayment or redemption.
AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice
of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof.
By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the
Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Certificate or
the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for
prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision
for such payment is made, all as provided above, this Certificate, or the portion thereof which is to be so
prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due
date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded
as being outstanding except for the right of the registered owner to receive the prepayment or redemption price
plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of
the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all
such prepayments or redemptions of principal of this Certificate or any portion hereof.
THIS CERTIFICATE, to the extent of the unpaid principal balance hereof, or any unpaid portion
hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be
transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the
capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance.
Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying
Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee
of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner
of this Certificate, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or
assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be trans-
DRAFT: 4/27/2000
ferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar
may be used to evidence the assignment of this Certificate or any such portion or portions hereof by the initial
registered owner hereof. A new certificate or certificates payable to such assignee or assignees (which then
will be the new registered owner or owners of such new Certificate or Certificates) or to the initial registered
owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered
owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate or
any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for
the conversion and exchange of this Certificate or any portion hereof. The registered owner ofth/s Certificate
shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all
purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and
the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary.
AS PROVIDED above and in the Certificate Ordinance, this Certificate, to the extent of the unpaid
principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully
registered certificates, without interest coupons, payable to the assignee or assignees duly designated in writing
by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate
which is not being assigned and transferred by the initial registered owner, in any denomination or
denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each
substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal
maturity date), upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in
accordance with the form and procedures set forth in the Certificate Ordinance. If this Certificate or any
portion hereof is assigned and transferred or converted each certificate issued in exchange for any portion
hereof shall have a single stated principal maturity date corresponding to the due date of the installment of
principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall
bear interest at the rate applicable to and borne by such installment of principal or portion thereof. No such
certificate shall be payable in installments, but shall have only one stated principal maturity date. AS
PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM
MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more
assignees, but the certificates issued and delivered in exchange for this Certificate or any portion hereof may
be assigned and transferred, and converted, subsequently, as provided in the Certificate Ordinance. The Issuer
shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and
exchanging this Certificate or any portion thereof, but the one requesting such transfer, conversion, and
exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying
Agent/Registrar shall not be required to make any such assignment, conversion, or exchange during the period
commencing with the close of business on any Record Date and ending with the opening of business on the next
following principal or interest payment date.
IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will
appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof
to be mailed to the registered owner of this Certificate.
IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly
authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist,
aaad be done precedent to or in the authorization, issuarsee, and delivery ofthig Certificate have been 13efformed,
existed, and been done in accordance with law; that this C~rtificato is a general obligation of Lh_e I~uet, i~mod
on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of
DRAFT: 4/27/2000
the interest on and principal of this Certificate, as such interest comes due and such principal matures, have
been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged
irrevocably for such payment, within the limit prescribed by law; and that, together with other parity
obligations, this Certificate additionally is payable from and secured by certain surplus revenues (not to exceed
$10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility
System (consisting of the City's combined waterworks system, samtary sewer system, and electric light and
power system), all as provided in the Certificate Ordinance.
THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the
Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem
taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior
in lien to, this Certificate.
BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges
all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and
the Certificate Ordinance constitute a contract between the registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual
signature of the Mayor of the Issuer and countersigned and attested with the manual signature of the City
Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Certificate, and
has caused this Certificate to be dated May 1, 2000.
'ATTEST:
CITY OF DENTON, TEXAS
By: By:
Jennifer Walters
City Secretary, City of Denton, Texas
Jack Miller
Mayor, City of Denton, Texas
(CITY SEAL)
(INSERT BOND INSURANCE LEGEND, IF ANY)
DRAFT: 4/27/2000
FORM OF REGISTRATION CERTIFICATE OF THE
COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate has been examined, certified as to validity, and approved by the
Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of
Public Accounts of the State of Texas.
Witness my signature and seal this
Comptroller of Public Accounts
of the State of Texas
(COMPTROLLER'S SEAL)
Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES. Registration and
Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of BANK ONE,
TEXAS, N.A., FORT WORTH, TEXAS (the "Paying Agent/Registrar") books or records of the registration
and transfer of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and
registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and
the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying
Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each
Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall
be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which
payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given.
The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying
Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and,
unless otherwise required by law; shall not permit their inspection by any other entity. Registration of each
Certificate may be transferred in the Registration Books only upon presentation and surrender of such
Certificate to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper
written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, (i) evidencing the assignment of the Certificate, or any portion thereof in any integral multiple
of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the
Certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the
assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates
shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Certificate, to
the extent of the unpaid principal balance thereof, may be assigned and transferred by the initial registered
owner thereof once only, and to one or more assignees designated in writing by the initial registered owner
thereof. All Certificates issued and delivered in conversion of and exchange for the Initial Certificate shall be
in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter
stated that each substitute Certificate shall have a single stated principal maturity date), shall be in the form
prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, and shall have the
characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial
Certificate or any portion thereof is assigned and transferred or converted the Initial Certificate must be
surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any
portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in
DRAFT: 4/27/2000
installments; and each such Certificate shall have a principal maturity date corresponding to the due date of
the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each
such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal
or portion thereof for which it is being exchanged. If only a portion of the Initial Certificate is assigned and
transferred, there shall be delivered to and registered in the name of the initial registered owner substitute
Certificates in exchange for the unassigned balance of the Initial Certificate in the same manner as if the imtial
registered owner were the assignee thereof. If any Certificate or portion thereof other than the Initial Certificate
is assigned and transferred or converted each Certificate issued in exchange therefor shall have the same
principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form
of assignment shall be printed or endorsed on each Certificate, excepting the Imtial Certificate, which shall be
executed by the registered owner or its duly authorized attorney or representative to evidence an assignment
thereof. Upon surrender of any Certificates or any portion or portions thereof for transfer of registration, an
authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books,
and shall deliver a new fully registered substitute Certificate or Certificates, having the characteristics herein
described, payable to such assignee or assignees (which then will be the registered owner or owners of such
new Certificate or Certificates), or to the previous registered owner in case only a portion of a Certificate is
being assigned and transferred, all in conversion of and exchange for said assigned Certificate or Certificates
or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in
Section 6(d), below, for the conversion and exchange of Certificates by any registered owner of a Certificate.
The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such
transfer and delivery of a substitute Certificate or Certificates, but the one requesting such transfer shall pay
any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar
shall not be required to make transfers of registration of any Certificate or any portion thereof during the period
commencing with the close of business on any Record Date and ending with the opening of business on the next
following principal or interest payment date.
(b) Ownership of Certificates. The entity in whose name any Certificate shall be registered in the
Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of
this Ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying Agent/Registrar
shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium,
if any, and interest on any such Certificate shall be made only to such registered owner. All such payments
shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum
or sums so paid.
(c) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying
AgentiRegistrar to act as the paying agent for paying the principal of and interest on the Certificates, and to
act as its agent to convert and exchange or replace Certificates, all as provided in this Ordinance. The Paying
Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar
with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of
Certificates, as provided in this Ordinance. However, in the event ora nonpayment of interest on a scheduled
payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special
Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such
interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment
date of the past due interest ("Special Payment Date", which shall be fitteen (15) days after the Special Record
Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first
class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the
DRAFT: 4/27/2000
Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of
such notice.
(d) Conversion and Exchange or Replacement; Authentication. Each Certificate issued and delivered
pursuant to this Ordinance, to the extent of the unpaid principal balance or principal amount thereof, may, upon
surrender of such Certificate atthe principal corporate trust office of the Paying Agent/Registrar, together with
a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or
their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying
Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be
converted into and exchanged for fully registered certificates, without interest coupons, in the form prescribed
in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000,
or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate
shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or
assignees, in an aggregate principal amount equal to the unpaid principal balance or principal amount of any
Certificate or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assign-
ees, as the case may be. If the Initial Certificate is assigned and transferred or converted each substitute
Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal
maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity
date corresponding to the due date of the installment of principal or portion thereof for which the substitute
Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and
borne by such installment of principal or portion thereof for which it is being exchanged. If any Certificate or
portion thereof (other than the Initial Certificate) is assigned and transferred or convened, each Certificate
issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as
the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number
to distinguish it from each other Certificate. The Paying Agent/Registrar shall convert and exchange or replace
Certificates as provided herein, and each fully registered certificate delivered in conversion of and exchange
for or replacement of any Certificate or portion thereof as permitted or required by any provision of this
Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be
convened and exchanged or replaced. It is specifically provided that any Certificate authenticated in
conversion of and exchange for or replacement of another Certificate on or prior to the first scheduled Record
Date for the Initial Certificate shall bear interest from the date of the Initial Certificate, but each substitute
Certificate so authenticated after such first scheduled Record Date shall bear interest from the interest payment
date next preceding the date on which such substitute Certificate was so authenticated, unless such Certificate
is authenticated after any Record Date but on or before the next following interest payment date, in which case
it shall bear interest from such next following interest payment date; provided, however, that if at the time of
delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but
has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid
in full. THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required to be,
and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in
conversion of and exchange for or replacement of any Certificate or Certificates issued under this Ordinance
there shall be printed a certificate, in the form substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby ccrtifiecl that this Certificate has b~n iasuCd under thc provisions of' the Certificate
Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of
and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an
DRAFT: 4/27/2000
issue which originally was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
BANK ONE, TEXAS, N.A.
FORT WORTH, TEXAS
Paying Agent/Registrar
Dated By
Authorized Representative"
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate,
date and manually sign the above Certificate, and no such Certificate shall be deemed to be issued or out-
standing unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all
Certificates surrendered for conversion and exchange or replacement. No additional ordinances, orders, or
resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as
to accomplish the foregoing conversion and exchange or replacement of any Certificate or portion thereof, and
the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates
in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with
lithographed or steel engraved borders of customary weight and strength. Pursuant to Chapter 1201, Texas
Government Code, the duty of conversion and exchange or replacement of Certificates as aforesaid is hereby
imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's
Authentication Certificate, the converted and exchanged or replaced Certificate shall be valid, incontestable,
and enforceable in the same manner and with the same effect as the Initial Certificate which originally was
issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of
Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges
for transfemng, converting, and exchanging any Certificate or any portion thereof, but the one requesting any
such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with
respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The
Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of
Certificates or any portion thereof during the period commencing with the close of business on any Record Date
and ending with the opening of business on the next following principal or interest payment date.
(e) In General. All Certificates issued in conversion and exchange or replacement of any other
Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the
principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be
transferred and assigned, (iii) may be converted and exch~ged for other Certificates, (iv) shall have the
characteristics, (v) shall be signed and sealed, and (vi) the principal of and interest on the Certificates shall be
payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE
CERTIFICATE set forth in this Ordinance.
(f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the
Certificates that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for
its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii)
pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration
of Certificates, and with respect to the conversion and exchange of Certificates solely to the extent above
provided in this Ordinance.
10
DRAFT: 4/27/2000
(g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the
Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and
legally qualified bank, trust company, financial institution, or other agency to act as and perform the services
of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will
be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon
not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior
to the next principal or interest payment date after such notice. In the event that the entity at any time acting
as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise
cease to act as such, the Issuer covenants that it will promptly appoint a competent and legally qualified bank,
trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance.
Upon any change in the Paying AgenffRegistrar, the previous Paying Agent/Registrar shall promptly transfer
and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating
to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any
change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the
new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first-class
postage prepaid, which notice also shall give the address of the new Paying AgenffRegistrar. By accepting the
position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions
of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
Section 7. FORM OF SUBSTITUTE CERTIFICATES. The form of all Certificates issued in
conversion and exchange or replacement of any other Certificate or portion thereof, including the form of
Paying Agent/Registrar's Certificate to be printed on each of such Certificates, and the Form of Assignment
to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriate
variations, omissions, or insertions as are permitted or required by this Ordinance.
FORM OF SUBSTITUTE CERTIFICATE
(Book-Entry Only Legend, if appropriate)
NO.
UNITED STATES OF AMERICA PRINCIPAL AMOUNT
STATE OF TEXAS $
COUNTY OF DENTON
CITY OF DENTON CERTIFICATE OF OBLIGATION
SERIES 2000
INTEREST RATE
MATURITY DATE
ORIGINAL DATE
OF ISSUE
CUSIP NO.
ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas
(the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to
or to the registered assignee hereof(either being hereinafter called the "registered owner") the principal amount
of
11
DRAFT: 4/27/2000
and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from
May 1, 2000, to the maturity date specified above, at the interest rate per annum specified above; with interest
being first due and payable on February 15, 2001, and semiannually on each August 15 and February 15
thereafter, except that if the date of authentication of this Certificate is later than the first Record Date
(hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding
the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but
on or before the next following interest payment date, in which case such principal amount shall bear interest
from such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the
United States of America, without exchange or collection charges. The principal of this Certificate shall be
paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, at the
principal corporate trust office of BANK ONE, TEXAS, N.A., FORT WORTH, TEXAS, which is the "Paying
Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying
Agent/Registrar to the registered owner hereof on each interest payment date by check dated as of such interest
payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required
by the ordinance authorizing the issuance of the Certificates (the "Certificate Ordinance") to be on deposit with
the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the
Paying Agent/Registrar by Umted States mail, first-class postage prepaid, on each such interest payment date,
to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business
on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept
by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made
by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense
of, the registered owner hereof. The Issuer covenants with the registered owner of this Certificate that on or
before each principal payment date, interest payment date, and accrued interest payment date for this
Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created
by the Certificate Ordinance, the mounts required to provide for the payment, in immediately available funds,
of all principal of and interest on the Certificates, when due.
IN THE EVENT of a nonpayment of interest on a scheduled payment date, and for thirty (30) days
thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the
Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer.
Notice of the Special Record Date andofthe scheduled payment date of the past due interest ("Special Payment
Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business
days prior to the Special Record Date by United States mail,first class postage prepaid, to the address of each
Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of
business on the 15th business day next preceding the date of mailing of such notice.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday,
Sunday, a legal holiday, or a day on Which banking institutions in the City where the Paying Agent/Registrar
is located are authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
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THIS CERTIFICATE is one of an issue of Certificates initially dated May 1, 2000, authorized in
accordance with the Constitution and laws of the State of Texas in the principal amount of $2,505,000, for the
purpose of paying all or a portion of the City's contractual obligations incurred pursuant to contracts for the
purchase of certain real and personal property, to-wit: (a) fuel facilities at the City's airport, (b) upgrades to
the City's communication system, (c) renovation to fire stations and acquisition of fire equipment, (d) fuel and
maintenance facilities for the City's vehicles and (e) various.equipment for the City's landfill; and also for the
purpose of paying all or a portion of the City's contractual obligations for professional services of engineers,
attorneys, and financial advisors in connection with the above contracts and said Certificates of Obligation.
ON FEBRUARY 15, 2010, or on any date whatsoever thereafter, the Certificates of this Series may
be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any
available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions
thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Certificate
may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount
thereof, plus accrued interest to the date fixed for redemption.
AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions thereof prior
to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States
mail, first-class postage prepaid, to the registered owner of each Certificate to be redeemed at its address as
it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail,
or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity
or effectiveness of the proceedings for the redemption of any Certificate. By the date fixed for any such
redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required
redemption price for the Certificates or portions thereof which are to be so redeemed, plus accrued interest
thereon to the date fixed for redemption. If such written notice of redemption is given and if due provision for
such payment is made, all as provided above, the Certificates or portions thereof which are to be so redeemed
thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear
interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the
fight of the registered owner to receive the redemption price plus accrued interest froln the Paying
Agent/Registrar out of the funds provided for such payment. Ifa portion of any Certificate shall be redeemed
a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000, at the written request of the registered
owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the
registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the
Bond Ordinance.
THIS CERTIFICATE OR ANY PORTION OR_PORTIONS HEREOF IN ANY INTEGRAL
MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer
kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and
conditions set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer,
this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instru-
ments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000
to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is
or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall
be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment
hereof. A new Certificate or Certificates payable to such assignee or assignees (which then will be the new
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registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in the
case of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying
Agent/Registrar in conversion of and exchange for this Certificate, all in the form and manner as provided in
the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the
Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one request-
ing such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto.
The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any
portion hereof during the period commencing with the close of business on any Record Date and ending with
the opening of business on the next following principal or interest payment date. The registered owner of this
Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner
hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such
payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary.
ALL CERTIFICATES OF TH/S SERIES are issuable solely as fully registered certificates, without
interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate
Ordinance, this Certificate, may, at the request of the registered owner or the assignee or assignees hereof, be
converted into and exchanged for a like aggregate principal mount of fully registered certificates, without
interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be,
having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in
any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or
assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation,
all in accordance with the form and procedures set forth in the Certificate Ordinance. The Issuer shall pay the
paying AgentfRegistrar's standard or customary fees and charges for transfemng, converting, and exchanging
any Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay
any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the
exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to
make any such conversion and exchange during the period commencing with the close of business on any
Record Date and ending with the opening of business on the next following principal or interest payment date.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will
appoint a competent and legally qualified substitute therefor, and will promptly cause written notice thereof
to be mailed to the registered owners of the Certificates.
IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly
authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist,
and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed,
existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued
on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of
the interest on and principal of this Certificate, as such interest comes due and such principal matures, have
been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged
irrevocably for such payment, within the limit prescribed by law; and that, together with other parity
obligations, this Certificate, and the other Certificates of this Series, additionally are payable from and secured
by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the
ownership and operation of the City's Utility System (consisting of the City's combined waterworks system,
sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance.
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THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the
Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem
taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior
in lien to, this Certificate.
BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges
all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and
the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or
facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile
signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed,
or placed in facsimile, on this Certificate.
ATTEST:
CITY OF DENTON, TEXAS
By:. By:.
Jennifer Walters
City Secretary, City of Denton, Texas
Jack Miller
Mayor, City of Denton, Texas
(CITY SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate has been issued under the provisions of the Certificate
Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of
and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an
issue which originally was approved by the Attorney Gene. ral of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
BANK ONE, TEXAS, N.A.
FORT WORTH, TEXAS
Paying Agent/Registrar
Dated By
Authorized Representative
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(INSERT BOND INSURANCE LEGEND, IF ANY)
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FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Certificate, or duly authorized
representative or attorney
thereof, hereby assigns this Certificate to
/ /
(Assignee's Social
Security or Taxpayer
Identification Number
(print or typewrite Assignee's name and
address, including zip code)
and hereby irrevocably constitutes and appoints
attorney to transfer the registration of this Certificate on the Paying Agent/Registrar's Registration Books with
full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by
an eligible guarantor institution participating in
a securities transfer association recognized
signature guarantee program.
Registered Owner
NOTICE: This signature must correspond with
the name of the Registered Owner appearing on
the face of this Certificate in every particular
without alteration or enlargement or any change
whatsoever.
Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is
hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund shall be established
and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall
be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying
the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account
of the Certificates shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each
year while any of the Certificates or interest thereon are outstanding and unpaid, the governing body of the
Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and
produce the money required to pay the interest on the Certificates as such interest becomes due, and to provide
and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures (but
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never less than 2% of the original principal amount of the Certificates as a sinking fund each year). Said tax
shall be based on the latest approval tax rolls of the Issuer, with full allowance being made for tax
delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is
hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Certificates
or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and
deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide
for the payment of the interest on and principal of the Certificates, as such interest comes due and such
principal matures, are hereby pledged for such payment, within the limit prescribed by law.
Section 9. SURPLUS REVENUES. The Certificates additionally shall be payable from and secured
by surplus revenues, to the extent hereinafter permitted, derived by the Issuer from the ownership and operation
of the Issuer's Utility System (consisting of its combined waterworks system, sanitary sewer system, and
electric light and power system) remaining after (a) payment of all amounts constituting operation and main-
tenance expenses of said Utility System, and (b) payment of all debt service, reserve, and other requirements
and amounts required to be paid under all ordinances heretofore or hereafter authorizing (i) all bonds and (ii)
all other obligations not on a parity with the Certificates, which are payable from and secured by any Utility
System revenues, and (c) payment of all amounts payable from any Utility System revenues pursuant to
contracts heretofore or hereafter entered into by the Issuer in accordance with law (the "Surplus Revenues").
If, for any reason, the Issuer fails to deposit ad valorem taxes levied pursuant to Section 8 hereof to the credit
of the Interest and Sinking Fund in an amount sufficient to pay, when due, the principal of and interest on the
Certificates, then Surplus Revenues, to the extent hereinafter permitted, shall be deposited to the credit of the
Interest and Sinking Fund and used to pay such principal and/or interest. A maximum aggregate of $10,000
of Surplus Revenues may be used to pay principal and/or interest on the Certificates and any obligations on
a parity therewith. The Certificates and any obligations on a parity therewith are not, and shall not be deemed
to be, payable from or secured by any Surplus Revenues in excess of an aggregate of $10,000. Until and
unless an aggregate of$10,000 of Surplus Revenues actually is used to pay any such prmcipai and/or interest,
additional obligations, payable from and secured by ail or any remaining unused part of said aggregate of
$10,000 of Surplus Revenues, may be issued by the Issuer on a parity with the Certificates and any other then
outstanding parity obligations, with the Certificates and all such additional parity obligations to be payable
from and secured equally and ratably by all or any remaining unused part of said aggregate. The Issuer
reserves, and shall have, the right to issue bonds, and other obligations not on a parity with the Certificates,
and to enter into contracts, in accordance with applicable laws, to be payable from and secured by any Utility
System revenues other than the aggregate of $10,000 of Surplus Revenues as described above. The
Certificates are on a parity with those issues of City of Denton Certificates of Obligation, Series 1993, Series
1993-A, Series 1994, Series 1995, Series 1996, Series 1998 and Series 1999 (the "Outstanding Certificates"),
as permitted in the Ordinances authorizing same; and it is hereby found and determined that none of the above
defined Surplus Revenues have ever been used to pay at!~y principal and/or interest on the Outstanding
Certificates.
Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certificate andthe interest thereon shall
be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this
Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of
such Certificate, plus interest thereon to the due date either (i) shall have been made or caused to be made in
accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably
depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the
United States of America sufficient to make such payment or (2) Government Obligations which mature as to
principal and interest in such amounts and at such times as will insure the availability, without reinvestment,
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of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer
with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have
become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder,
as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled
to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Government Obligations.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth,
and all income from such Government Obligations received by the Paying Agent/Registrar which is not
required for the payment of the Certificates and interest thereon, with respect to which such money has been
so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer.
(c) The term "Government Obligations" as used in this Section shall mean direct obligations of
the United States of America, including obligations the principal of and interest on which are unconditionally
guaranteed by the United States of America, which may be United States Treasury obligations such as its State
and Local Government Series, which may be in book-entry form.
(d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar
shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not
been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required
by this Ordinance.
Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES.
(a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of
the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed
Certificate, in replacement for such Certificate in the manner hereinafter provided.
(b) Application for Replacement Certificates. Application for replacement of damaged, mutilated,
lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying
Agent/Registrar. In every case of loss, theft, or destruction of a Certificate, the registered owner applying for
a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or
indemnity as may be required by them to save each of them harmless from any loss or damage with respect
thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to
the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such
Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner
shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event
of any such Certificate shall have matured, and no default has occurred which is then continuing in the payment
of the principal of, or interest on the Certificate, the Issuer may authorize the payment of the same (without
surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement
Certificate, provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement
certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal,
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printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the
provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute
a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at
any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and
proportionately with any and all other Certificates duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates. In accordance with Chapter 1201, Texas
Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such
replacement certificate without necessity of further action by the governing body of the Issuer or any other body
or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the
Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the
form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Certificates issued in
conversion and exchange for other Certificates.
Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES;
CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. The
Mayor of the Issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all
necessary records and proceedings pertaining to the Initial Certificate pending its delivery and its investigation,
examination, and approval by the Attorney General of the State of Texas, and its registration by the
Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate said
Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually
sign the Comptroller's Registration Certificate on the Initial Certificate, and the seal of said Comptroller shall
be impressed, or placed in facsimile, on the Initial Certificate. The approving legal opinion of the Issuer's Bond
Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate
or on any Certificates issued and delivered in conversion of and exchange or replacement of any Certificate,
but neither shall have any legal effect, and shall be solely for the convenience and information of the registered
owners of the Certificates. The preamble to this Ordinance is hereby adopted and made a part hereof for all
purposes. If insurance is obtained on any of the Certificates, the Initial Certificate and all other Certificates
shall bear an appropriate legend concerning insurance as provided by the insurer.
Section 13. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from
taking any action which would adversely affect, and to take any action required to ensure, the treatment of the
Certificates as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the
"Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal
income taxation. In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of the
Certificates or the project financed therewith (less amounts deposited to a reserve fund, if any) are used
for any "private business use", as defined in section 14 l(b)(6) of the Code or, if more than 10 percent
of the proceeds or the project financed therewith are so used, such amounts, whether or not received
by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or
any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10
percent of the debt service on the Certificates, in contravention of section 141 (b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use" described
in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or the project financed
therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent
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DRAFT: 4/27/2000
is used for a "private business use" which is "related" and not "disproportionate", within the meaning
of section 141(b)(3) of the Code, to the governmental use;
(c) to take any action to assure that no amount which is greater than the lesser of
$5,000,000, or 5 pement of the proceeds of the Certificates (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the Code;
(d) to refrain from taking any action which would otherwise result in the Certificates
being treated as "private activity bonds" within the meaning of section 14 l(b) of the Code;
(e) to refrain from taking any action that would result in the Certificates being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Certificates, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment
property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over
the term of the Certificates, other than investment property acquired with --
(1) proceeds of the Certificates invested for a reasonable temporary period of 3
years or less, or in the case of a refunding certificate for a period of 30 days or less, until such
proceeds are needed for the purpose for which the certificates are issued,
(2) amoums invested in a bona fide debt service fund, within the meaning of
section 1.148-1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement fund
to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the
case of a discount, the issue price) of the Certificates;
(g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as
proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene
the requirements of section 148 of the Code (relating to arbitrage), Section 149(g) of the Code (relating
to hedge bonds), and, to the extent applicable, section 149(d) of the Code (relating to advance
refundings); and
(h) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of
the "Excess Earnings", within the meaning of section 148(0 of the Code and to pay to the United
States of America, not later that 60 days after the Certificates have been paid in full, 100 percent of
the amount then required to be paid as a result of Excess Earnings under section 148(0 of the Code.
For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes
"disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred
proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It
is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with
the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto.
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In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the
Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained
herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Certificates under section 103
of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional
requirements which are applicable to the Certificates, the Issuer agrees to comply with the additional
requirements to the extent necessary and reasonably possible, in the opimon of nationally-recognized bond
counsel, to preserve the exemption from federal income taxation of interest on the Certificates under section
103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor to
execute any documents, certificates or reports required by the Code and to make such elections, on behalf of
the Issuer, which may be permitted by the Code as are .consistent with the purpose for the issuance of the
Certificate. The Issuer covenants to comply with the covenants in this section after defeasance of the
Certificates.
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established
by the Issuer for the sole benefit of the United States of America, and such fired shall not be subject to the
claim of any other person, including without limitation, the owners of the Certificates. The Rebate Fund is
established for the additional purpose of compliance with Section 148 of the Code.
Section 14. SALE OF INITIAL CERTIFICATE. The Initial Certificate is hereby sold and shall be
delivered to , for cash for the par value thereof and accrued
interest thereon to date of delivery, plus a cash premium of $ . Such premium shall,
upon receipt, be deposited into the Interest and Sinking Fund. k is hereby officially found, determined, and
declared that the Initial Certificate has been sold at public sale to the bidder offering the lowest interest cost,
after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official
Statement dated April 18, 2000, prepared and distributed in connection with the sale of the Initial Certificate.
Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement,
or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of
the Certificates is hereby approved. It is further officially found, determined, and declared that the statements
and representations contained in said Official Notice of Sale and Official Statement are true and correct in all
material respects, to the best knowledge and belief of the City Council and the Issuer.
Section 15. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FORTHE PROJECT.
The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for
the purposes described in Section 1 of this Ordinance (the "Project") on its books and records in accordance
with the requirements of the Internal Revenue Code. The Issuer recognizes that in order for the proceeds to
be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18
months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event
later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding,
the Issuer recognizes that in order for proceeds to be expended under the Internal Revenue Code, the sale
proceeds or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth
anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired. The Issuer agrees
to obtain thc advise of nationally-recognized bond counsel if such expenditure fails to comply with the
foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the Certificates.
For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that
such failure to comply will not adversely affect the excludability for federal income tax purposes from gross
income of the interest.
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Section 16. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the
Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or
other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sale
or other disposition will not adversely affect the tax-exempt status of the Certificates. For purposes hereof,
the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that such failure to
comply will not adversely affect the excludability for federal income tax purposes from gross income of the
interest.
Section 17. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived
from the investment of proceeds from the sale of the Initial Certificate shall be used along with other proceeds
for the purposes for which the Certificates are issued; provided that after completion of such purposes, if any
of such interest earmngs remain on hand, such interest earnings shall be deposited in the Interest and Sinking
Fund. It is further provided, however, that any interest earnings on certificate proceeds which are required to
be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Certificates
from being "arbitrage bonds" within the meaning of the Code shall be so rebated and not considered as interest
earnings for the purposes of this Section.
Section 18. DTC REGISTRATION. The Certificates initially shall be issued and delivered in such
manner that no physical distribution of the Certificates will be made to the public, and The Depository Trust
Company ("DTC"), New York, New York, initially will act as depository for the Certificates. DTC has
represented that it is a limited purpose trust company incorporated under the laws of the State of New York,
a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York
Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities
Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The
Initial Certificate authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser.
However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause
the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Imtial Certificate and deliver in
exchange therefor a substitute Certificate for each maturity of such Imtial Certificate, with each such substitute
Certificate to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the
Paying Agent/Registrar to take such action. It is expected that DTC will hold the Certificates on behalf of the
Purchaser and/or the DTC Participants, as defined and described in the Official Statement referred to and
approved in Section 14 hereof(the "DTC Participants"). So long as each Certificate is registered in the name
of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC in all respects the same as if it
were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which
will identify beneficial ownership of the Certificates by DTC Participants in integral amounts of $5,000, with
transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to rules and
regulations established by them, and that the substitute Certificates initially deposited with DTC shall be
immobilized and not be further exchanged for substitute Certificates except as hereinafter provided. The Issuer
is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges
with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewmg the
records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial owners of the
Certificates. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with
DTC to establish this book-entry system, the beneficial ownership of the Certificates, and the method of paying
the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the imtial
book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and
option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only
registration requirement described above, and to permit the Certificates to be registered in the name of any
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owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of
such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall,
upon presentation and proper request, register any Certificate in any name as provided for in this Ordinance.
Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any
of the originally delivered substitute Certificates is duly filed with the Paying Agent/Registrar with proper
request for transfer and substitution, as provided for in this Ordinance, substitute Certificates will be duly
delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry
system will be maintained for such Certificates.
Section 19. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide
annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after
1999, financial information and operating data with respect to the Issuer of the general type included in the final
Official Statement authorized by Section 14 of this Ordinance, being the information described in Exhibit A
hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein. Any
financial statements so to be provided shall be (1) prepared in accordance with the accounting principles
described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from
time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such
statements and the audit is completed within the period during which they must be provided. If the audit of
such financial statements is not complete within such period, then the Issuer shall provide unaudited financial
statements by the required time and will provide audited financial statements for the applicable fiscal year to
each NRMSIR and any SID, when and if the audit report on such statements become available.
(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and
of the date of the new fiscal year end) prior to the next date by which the Issuer othenvise would be required
to provide financial information and operating data pursuant to this Section. The financial information and
operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may
be included by specific reference to any document (including an official statement or other offering document,
if it is available from the MSRB) that theretofore has been provided to each NRMSIR and a~.y SID or filed
with the SEC.
(b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB,
in a timely manner, of any of the following events with respect to the Certificates, if such event is material
within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opimons or events affecting the tax-exempt status of the Certificates;
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7. Modifications to rights of holders of the Certificates;
8. Certificate calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Certificates; and
11. Rating changes.
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by
the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section
by the time required by such subsection.
(c) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an
"obligated person" with respect to the Certificates within the meaning of the Rule, except that the Issuer in any
event will give the notice required by Subsection (b) hereof of any Certificate calls and defeasance that cause
the Issuer to no longer be such an "obligated person".
(ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial
owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal
or equitable fight, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the
financial information, operating data, financial statements, and notices which it has expressly agreed to provide
pursuant to this Section and does not hereby undertake to provide any other information that may be relevant
or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby
undertake to update any information provided in accordance with this Section or otherwise, except as expressly
provided herein. The Issuer does not make any representation or warranty concerning such information or its
usefulness to a decision to invest in or sell Certificates at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND
EMPLOYEES, BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY
CERTIFICATE ORANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING
IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR
WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY
RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT
OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(iv) No default by the Issuer m observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer
under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to tinae to adapt to changed
circumstances that arise from a change in legal requirements, a change in law, or a change in the identity,
24
DRAFT: 4/27/2000
nature, status, or type of operations of the Issuer, but only if(l) the provisions of this Section, as so amended,
would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates
in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such
offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in
aggregate principal amount (or any greater amount required by any other provision of this Ordinance that
authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b) a person that
is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment
will not materially impair the interest of the registered owners and beneficial owners of the Certificates. If the
Issuer so amends the provisions of this Section, it shall include with any amended financial information or
operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative
form, of the reason for the amendment and of the impact of any change in the type of financial information or
operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure
agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction
enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions
of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the
primary offering of the Certificates.
(d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms
below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staffhas determined to be a nationally recognized
municipal securities information repository within the meaning of the Rule from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized department, officer, or
agency thereof as, and determined by the SEC or its staff to be, a state information depository within the
meaning of the Rule from time to time.
Section 20. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer,
and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby
expressly authorized, empowered, and directed from time to time and at any time to do and perform all such
acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf
of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order
to carry out the terms and provisions of this Certificate Ordinance, the Certificates, the sale of the Certificates,
and the Notice of Sale and Official Statement; and the Assistant City Manager/Finance of the City shall cause
the expenses of issuance of the Certificates to be paid from the proceeds of sale of the Imtial Certificate or from
other lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Certificate
shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid
and sufficient for all purposes the same as if such officer had remained in office until such delivery.
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Section 21. OPEN MEETINGS. The City Council has found and determined that the meeting at
which this Ordinance is considered is open to the public and that notice thereof was given in accordance with
the provisions of the Texas Open Meetings, Law, Tex. Gov't. Code, Chapter 55 l, as amended.
Section 22. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage
and approval.
26
PASSED AND APPROVED this the 2nd day of May, 2000.
DRAFT: 4/27/2000
ATTEST:
Jack Miller, Mayor
Jennifer Walters, City Secretary
APPROVED AS TO LEGAL FORM:
Herbert L. Prouty, City Attorney
27
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EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 19 of this Ordinance:
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually in
accordance with such Section are as specified (and included in the Appendix or under the tables of the Official
Statement referred to) below:
Tables numbered 1 through 14, inclusive, under the captions "Tax Information", "Debt Service
Requirements" and "Financial Information" in the Official Statement.
Appendix B in the Official Statement.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the
notes to the financial statements referred to in the paragraph ab. ove.
Agenda No.~-~-~~--
April 4, 2000 ~3atO__ ~//~ /Ott~
After determining that a quorum was present and convening in an Open Meeting, the City Council
convened in a Closed Meeting on Tuesday, April 4, 2000 at 5:15 p.m. in the City of Denton Work Session
Room.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
B. Consultation with Attorney - Under TEX. GOV'T. CODE Sec. 551.071
Discussed and considered authorizing the City's attorneys to initiate
litigation against TXU Electric & Gas, including, without limitation:
litigation to collect delinquent franchise fees and a declaratory judgment
action or injunction to prevent TXU Electric from operating on City
rights-of-way and City streets without a franchise, and to discuss legal
issues with the attorneys where to discuss these matters in public would
conflict with the duty of the City's attorneys to the City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
Discussed and received briefing from attorneys on status and possible
settlement of litigation styled Municipal Administrative Services, Inc. v.
City of Denton, Cause No. 99-50263-367 currently pending in the 367th
District Court of Denton County, Texas.
Regular Meeting of the City of Denton City Council on Tuesday, April 4, 2000 at 6:00 p.m. in
the Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. The Council considered approval of the minutes of February 11, February 15, and
February 22, 2000.
Cochran motioned, Durrance seconded to approve the minutes as presented.
Mayor Pro Tern Beasley noted a correction to the February 15th minutes. Item #26 on page 9
should have her vote as "aye".
City of Denton City Council Minutes
April 4, 2000
Page 2
On roll vote to approve the minutes as corrected, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Kfistoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
PROCLAMATIONS/PRESENTATIONS
3. April Yard-of-the-Month Awards
The Yard of the Month awards were not done at this meeting.
Proclamations
a. Mayor Miller presented a proclamation for Sexual Assault Awareness Month.
CITIZEN REPORTS
5. The Council received a report from Willie Hudspeth regarding tree removal from his
property.
Mr. Hudspeth presented a video regarding his property before removal of the trees.
6. The Council received a presentation from Jesse Martin of a resolution regarding ATM
fees from UNT student government.
Mr. Martin presented a resolution from the LINT Student Association regarding ATM fees and
the request for the City to consider a referendum regarding ATM fees.
7. The Council received a report from Ross Melton regarding Rule 1 of the Texas Rules of
Civil Procedure.
Mr. Melton spoke regarding the Texas Rules of Civil Procedure - Rule 1 dealing with objective
of rules.
8. The Council received a report Eric Jansen regarding Denton Affordable Housing placing
MHMR group homes in a residential neighborhood.
Mr. Jansen was not present at the meeting.
CONSENT AGENDA
Kristoferson motioned, Durrance seconded to approve the Consent Agenda and the
accompanying ordinances and resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran
"aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
9. Approved a tax refund to Gary Kollmeier. The 1999 tax was overpaid, resulting in an
overpayment.
City of Denton City Council Minutes
April 4, 2000
Page 3
10.
Approved a tax refund to Linda Marsh Schlottig. The 1999 tax was overpaid, resulting in
an overpayment.
11.
Approved a tax refund to Scripture Medical Center. The 1999 tax was paid twice,
resulting in an overpayment.
12.
Approved a tax refund to Associates Leasing Inc. The 1998 taxable value was corrected
per the Denton Central Appraisal District resulting in an overpayment.
13.
Approved a tax refund to ULrNET Technologies, Inc. The 1999 taxable value was
decreased, resulting in an overpayment.
14.
NO. 2000-120
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE. (BID 2424A - RENTAL OF HEAVY EQUIPMENT AWARDED
TO FUTURE EQUIPMENT CO., INC. FOR ITEMS l&2 AND CRESCENT
MACHINERY FOR ITEM 3)
15.
NO. 2000-121
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF POLICE UNIFORMS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (BID 2470 - POLICE UNIFORMS AWARDED
IN THE ESTIMATED EXPENDITURE AMOUNT OF APPROXIMATELY $45,000)
16.
NO. 2000-122
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF STATE
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (AWARDED
TO NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT OF $36.50 PER
GAME FOR AN ESTIMATED AWARD EXPENDITURE OF $45,990)
17.
NO. 2000-123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE
ATTACHED PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE
IMPLEMENTATION AND SUPPORT BETWEEN THE CITY OF DENTON, TEXAS
AND ACCESS TECHNOLOGIES, INC., A QUALIFIED iNFORMATION SYSTEMS
VENDOR ("QISV") OF THE STATE OF TEXAS, TO BE PAID FROM PREVIOUSLY
BUDGETED FUNDS IN AN AMOUNT NOT EXCEED SIX HUNDRED
City of Denton City Council Minutes
April 4, 2000
Page 4
THOUSAND, FIVE HUNDRED AND SEVENTY DOLLARS ($616,570); AND
PROVIDING FOR AN EFFECTIVE DATE. (PO #04402 TO ACCESS
TECHNOLOGIES, INC. 1N THE AMOUNT OF $616,570)
18.
NO. 2000-124
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASE OF #4/0 STRANDED ALUMINUM 15KV PRIMARY
ELECTRIC CABLE IN ACCORDANCE WITH PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDDING; PROVIDING AN EFFECTIVE DATE. (PO #04337 TO TEMPLE, INC. IN
THE AMOUNT OF $86,625)
19.
NO. 2000-125
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON
FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES
AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE
CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PO #04394 TO
CITY OF GARLAND, PO #04395 TO CITY PUBLIC SERVICE SAN ANTONIO, PO
#04396 TO TXU ELEC.-TRANSMISSION DIV., PO #04397 TO RELIANT ENERGY
HL&P, PO #04398 TO CENTRAL POWER & LIGHT CO. IN THE TOTAL AMOUNT
OF $1,375,698.50)
20.
NO. R2000-012
A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT
ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO
CELEBRATION ON MAY 6, 2000, UPON THE CONDITIONS OF OBTAINING
BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL
LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY
LIABILITY; AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR
THE CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
21.
NO. 2000-126
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL
LUNCH ACT TO OBTAIN FUNDING FOR THE 2000 SUMMER FOOD SERVICE
PROGRAM; IF SUCH FUNDING IS GRANTED, THE CITY MANAGER IS
AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM
AGREEMENT WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND
EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL
DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS
REQUIRED; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
April 4, 2OOO
Page 5
22.
NO. 2000-127
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND STATE OF
TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION
TO PROVIDE FOR ADVANCED FUNDING FOR CERTAIN COLOR TEXTURIZED
CONCRETE CURBS FOR THE 1-35 PROJECT; AND PROVIDING FOR AN
EFFECTIVE DATE.
23.
NO. 2000-128
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
99-298 PROVIDING FOR THE SCHEDULE OF MISCELLANEOUS FEES,
DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES
TO CITY CUSTOMERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 98-
265, TO INCREASE INSUFFICIENT FUND CHECK HANDLING CHARGE;
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
24.
NO. R2000-013
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING
TO THE ISSUANCE OF OBLIGATIONS BY NORTH TEXAS HIGHER
EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH
OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS;
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
PUBLIC HEARINGS
25. The Council held a public heating to consider rezoning approximately 0.24 acres,
commonly known as 1504, 1506 and 1508 N. Elm, from an Office (O) zoning district to a
Planned Development (PD) zoning district. The Detailed plan proposal was to allow office and
residential uses on the property. The Planning and Zoning Commission recommended approval
(7-0) with conditions. (Z-99-083, 1508 N. Elm)
Doug Powell, Assistant Director for Planning and Development, presented the details of the
property that had been before Council on several occasions.
The Mayor opened the public heating.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
April 4, 2OO0
Page 6
NO. 2000-129
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT 182 (PD182) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.24 ACRES OF LAND
LOCATED AT 1508 N. ELM; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Cochran seconded to approve the proposal with the conditions as noted from
the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran
"aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried
unanimously.
26. The Council held a public hearing to consider rezoning approximately 0.19 acres,
commonly known as 1513 N. Locust, from a Office (O) zoning district to a Planned
Development (PD) zoning district. The Detailed plan proposal was to allow office and
residential uses on the property. The Planning and Zoning Commission recommended approval
(7-0) with conditions. (Z-99-084, 1513 N. Locust)
Doug Powell, Assistant Director for Planning and Development, stated that the change in
planned development would allow both residential and commercial office uses on the property.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-130
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO PLANNED DEVELOPMENT 183 (PD183) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.19 ACRES OF LAND
LOCATED AT 1513 N. LOCUST; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carded unanimously.
27. The Council held a public hearing regarding the Detailed Plan for Planned Development
(PD-93) encompassing approximately 10 acres. The property was generally located on the
City of Denton City Council Minutes
April 4, 2000
Page 7
southwest comer of Ryan Road and Teasley Lane. A 159 trait multi-family residential
development was proposed. The Planning and Zoning Commission recommended approval (4-3)
with conditions. (Z-99-096, Ryan/Teasley)
Herb Prouty, City Attorney, stated that this item had not been noticed properly and only allowed
for a public heating. No action by Council would be allowed on the item at this meeting. The
proposal would have to be m-noticed at another meeting.
Doug Powell, Assistant Director for Planning and Development, stated that the proposal was for
a multi-family complex to be built on the site. The proposal had been granted relief from the
interim regulations in February. It was felt that numerous site design issues, as noted in the
agenda materials, were contained in the planned development language. However, there were
additional issues associated with the detailed plan. The 20% role was in effect with more than
20% of adjacent property owners in opposition to the proposal.
The Mayor opened the public heating.
The following individuals spoke during the public heating:
Allyson Archer- favor
Art Anderson - favor
Jennifer Huff, 3904 Overlake Drive, Denton, 76205 - opposition
Richard Garner, 2321 Wildwood Lane, Denton, 76205 - opposition
Jack Deeb, 2408 Wildwood Lane, Denton, 76205 ~ opposition
Raymond Shephard, 3956 Parkhaven Drive, Denton - opposition
Jason Moore, 2316 Wildwood, Denton, 76205 - opposition
Peggy Steward, 2312 Wildwood Lane, Denton. 76205 -opposition
Rebuttal by Archer
The following individuals presented comment cards:
Doug Pearson, 2208 Wildwood Lane, Denton, 76205 - opposition
Tim and Allison Raper, 2421 Wildwood Lane, Denton, 76205 - opposition
Jason and Stephanie Moore, 2316 Wildwood Lane, Denton, 76205 - opposition
Steve Tubbs, 3912 Parkhaven, Denton, 76205 ~ opposition
Harry and Billie Tucker, 3908 Parkhaven Drive, Denton, 76205 - opposition
Tiffany Veale, 3960 Oveflake, Denton, 76205 - opposition
Chris Veale, 3960 Overlake Drive, Denton, 76205 - opposition
Olivia Cunningham, 3944 Overlake Drive, Denton, 76205 - opposition
Imran Mandyiwalla, 3928 Overlake, Denton, 76205 - opposition
Chris Huff, 3904 Overlake Drive, Denton, 76205 - opposition
Mr. and Mrs. Tracy LaBmn, 2220 Wildwood, Denton, 76205 - opposition
Noreen Goggin, 3956 Overlake Drive, Denton, 76205 - opposition
Donald Young, 3952 Overlake Drive, Denton, 76205 - opposition
Ann Hashem, 3908 Overlake Drive, Denton, 76205 - opposition
Debra Patrick, 3908 Overlake Drive, Denton, 76205 - opposition
Jason and Shelly Glotzbach, 3905 Overlake Drive, Denton, 76205 - opposition
Todd and Cindy Muller, 3936 Overlake Drive, Denton, 76205 - opposition
City of Denton City Council Minutes
April 4, 2OOO
Page 8
Monty Melugin, 3916 Overlake Drive, Denton, 76205 - opposition
Maria Melugin, 3916 Overlake Drive, Denton, 76205 - opposition
Doreen Shephard, 3956 Parkhaven, Denton, 76205 - opposition
Ryan Futch, 3929 Overlake Drive, Denton, 76205 - opposition
Elaine Tubbs, 3912 Parkhaven, Denton, 76205 - opposition
Jeff Roberts, 3964 Parkhaven, Denton, 76205 - opposition
Seven Deramo, 3953 Overlake Drive, Denton, 76205 - opposition
Jennifer Rojas, 3924 Overlake Drive, Denton, 76205 - opposition
Jenny Ismert, 3924 Overlake Drive, Denton, 76205 - opposition
Phoebe Boyd, 3924 Overlake, Denton, 76205 - opposition
Fred and Debbie Clark, 3961 Overlake Drive, Denton, 76205 - opposition
Beverly Clark, 3961 Overlake Drive, Denton, 76205 - opposition
Zachary Clark, 3961 Overlake Drive, Denton, 76205 - opposition
Pilar Balabuch, 3917 Overlake Drive, Denton, 76205 - opposition
Laurie Garner, 2321 Wildwood, Denton, 76205 - opposition
Ray Johnson, 2401 Wildwood, Denton, 76205 - opposition
Jason Brown, 2409 Wildwood, Denton, 76205 - opposition
Steven Miranda, 2420 Wildwood, Denton, 76205 - opposition
Masoud Abbassi, 2416 Wildwood, Denton, 76205 - opposition
Robert Pierce, 2312 Wildwood, Denton, 76205 - opposition
Raul and Yvonne Salas, Jr., 2301 Wildwood, Denton, 76205 - opposition
Raymond and Frances Tinsman, 2325 Wildwood, Denton, 76205 - opposition
Tami Alford, 3905 Parkhaven, Denton, 76205 - opposition
Raymond Shepard, 3956 Parkhaven, Denton, 76205 - opposition
Simeon Thomas, 2404 Wildwood, Denton, 76205 - opposition
Rosemary Surber, 3961 Parkhaven, Denton, 76205 - opposition
Kelly Meyer, 3936 Parkhaven, Denton, 76205 - opposition
David Lamb, 2204 Wildwood, Denton, 76205 - opposition
Lindsay Lamb, 2204 Wildwood, Denton, 76205 - opposition
Angela Allison, 3929 Parkhaven Drive, Denton, 76205 - opposition
Beverly Deeb, 1426 Hidden Oaks Circle, Denton, 76205 - opposition
Wes Oldham, 3932 Overlake Drive, Denton, 76205 - opposition
Michelle Oldham, 3932 Overlake Drive, Denton, 76205 - opposition
Kay Watson, 2400 Wildwood, Denton, 76205 - opposition
Jeff Allison, 3929 Parkhaven, Denton, 76205 - opposition
Robert Boso, 3945 Overlake Drive, Denton, 76205 - opposition
Staley Boso, 3945 Overlake Drive, Denton, 76205 - opposition
Jeff Meyer, 3936 Parkhaven, Drive, Denton, 76205 - opposition
Eugene Pinter, 3953 Parkhaven Drive, Denton, 76205 - opposition
Robert Cunningham, 3944 Overlake, Denton, 76205 - opposition
William Karl, 3937 Parkhaven Drive, Denton, 76205 - opposition
Billie Ann Pinter, 3953 Parkhaven Drive, Denton, 76205 - opposition
Roxanne and Robert Haddock, 3913 Overlake Drive, Denton, 76205 - opposition
Kelly McCldin, 3952 Parkhaven, Denton, 76205 - opposition
Peter Balabuch, 3917 Overlake Drive, Denton, 76205 - opposition
Samuel Grissom, 2405 Wildwood, Denton, 76205 - opposition
Mark Holiman, 3916 Parkhaven, Denton, 76205 - opposition
City of Denton City Council Minutes
April 4, 2OOO
Page 9
Burroughs motioned, Beasley seconded to continue the public hearing to the next regular City
Council meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carded with a 6-1 vote.
28. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 47.3 acres of the
Lakeview Ranch located on the south side of McKinney Street (FM 426), approximately 3,000
feet east of the intersection with Trinity Road. (This was not a public hearing.)
Doug Powell, Assistant Director for Planning and Development, stated that this was a request for
relief for the proposals in Items #29 and #31 and indicated that the proposals had been in the
system for quite a long time.
Cochran motioned, Young seconded to approve the request for relief. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Miller "aye". Motion carded unanimously.
Item #30 was considered.
30. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance No. 2000-046, filed by Terra Baine, Inc. for 410 acres of the
Lakeview Ranch located between University Drive (Hwy 380) and McKinney Street (FM 426)
east of Mayhill Road. (This was not a public hearing.)
Cochran motioned, Beasley seconded to approve the request for relief. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Miller "aye". Motion carded unanimously.
29. The Council continued a public hearing and considered rezoning a 47.3-acre tract from an
Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property
was legally described as Tract 11 out of the W. Durham Survey (Abstract 330) and was located
on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of the
intersection with Trinity Road. The proposal was to develop a single-family subdivision with a
minimum 5,500 square foot lot size. The Planning and Zoning Commission recommended
approval (6-1) with conditions. (Z-99-046, Lakeview Ranch - PD)
Doug Powell, Assistant Director for Planning and Development, presented the details of Items
#29 and #31 as noted in the agenda materials. Both were continuations of public hearings from
prior meetings.
Jerry Clark, Director of Engineering and Transportation, stated that a phasing plan had been
agreed on to install the proper infrastructure. He recommended removal of the three conditions
placed on the proposal in regards to traffic. There were two options for a final choice upon final
development.
Todd Parton, Director of Planning for the DISD, stated that an April I1th draft letter for a
donation of 12.5 acre tract for a school site with an adjoining 2.5 acres to the City as parkland
had been received by the DISD.
City of Denton City Council Minutes
April 4, 2000
Page 10
The Mayor opened the public heating.
The following individuals spoke during the public hearing:
Tommy Bain - favor- remove three conditions from Planning and Zoning Commission
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-131
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO PLANNED DEVELOPMENT 179 (PD179) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 47.3 ACRES OF
LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426),
APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION WITH TRINITY
ROAD; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR 47.3
ACRES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-046)
Burroughs motioned, Young seconded to approve the proposal with the conditions that street and
transportation improvements would be constructed in accordance with the phasing as attached in
the ordinance, 75% of the exterior would be brick, a minimum of 3.5 acres of the property would
be reserved as private open space easily accessible to all residents of the neighborhood, no more
than 50% of all homes on lots of 7,000 square feet or more would have front entry garages and
the three conditions recommended by the Planning and Zoning Commission would be removed.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried unanimously.
31. The Council continued a public hearing and considered rezoning approximately 410 acres
from an Agricultural (A) zoning district to a Single-family 7 (SF~7) zoning district on about 133
acres, Single-family 10 (SF-10) zoning district on about 85 acres, and Single-family 13 (SF-13)
zoning district on about 192 acres. The property was legally described as Tracts 20, 23, 27A, 36,
40, 123, 124, 125, and 127 out of the M. Forrest Survey (Abstract 417) and Tract 10 out of the
W. Durham Survey (Abstract 330) in the City of Denton, Denton County, Texas. It was located
between University Drive (HWY 380) and McKinney Street (F.M. 426) east of Mayhill Road.
The proposal was to develop a mix of single-family lots and housing types. The Planning and
Zoning Commission recommended.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
April 4, 2000
Page 11
The following ordinance was considered:
NO. 2000-132
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR 408.36 ACRES OF LAND TO SINGLE FAMILY -7
(SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON
132.55 ACRES, SINGLE FAMILY 10 CONDITIONED (SF-10[C]) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION ON 84.09 ACRES, AND
SINGLE FAMILY 13 CONDITIONED (SF-13[C]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION ON 191.72 ACRES LOCATED
BETWEEN UNIVERSITY DRIVE (HWY 380) AND MCKINNEY STREET (F.M. 426)
IN THE PROXIMITY OF TRINITY ROAD; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Z-99-072)
Young motioned, Beasley seconded to approve the proposal with the conditions that a school site
would be finalized with the DISD prior to preliminary plat approval, no more than 50% of all
homes would have front entry garages, 75% of the exterior of all buildings would have brick and
the three items recommended by the Planning and Zoning Commission would be deleted. On
roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carded unanimously.
32. The Council held a public hearing and considered adopting separate ordinances to annex
and zone an 18-acre tract located on the north side of Spencer Road between Woodrow and Loop
288 in the extraterritorial jurisdiction of the City of Denton, Texas. (A-98, DME Spencer
Generation Plant)
Council considered adoption of an ordinance to voluntarily annex approximately
18 acres of land located on the north side of Spencer Road between Woodrow and
Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas, to
approve a service plan for the annexed property, to provide a severability clause
and to provide for an effective date. Second reading of ordinance. (A-98, DME
Spencer Generation Plant)
Bo
The Council held a public hearing and considered rezoning an approximately 18-
acre site to a Light Industrial (LI) zoning district. The property was located on the
north side of Spencer Road between Woodrow and Loop 288 in Southeast
Denton. The Planning and Zoning Commission recommended approval (6-0) with
conditions. (Z-00-001, DME Spencer Generation Plant)
NO. 2000-133
AN ORDINANCE TO VOLUNTARILY ANNEX 17.751 ACRES OF LAND
CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
City of Denton City Council Minutes
April 4, 2000
Page 12
SOUTHEAST DENTON 1N THE COUNTY OF DENTON, TEXAS, APPROVING A
SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (A-98)
Young motioned, Cochran seconded to adopt the ordinance. On mil vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carded unanimously.
Item B. was considered.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public heating.
The following ordinance was considered:
NO. 2000~134
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ZONING
APPROXIMATELY 17.751 ACRES LOCATED NORTH OF SPENCER ROAD
BETWEEN WOODROW LANE AND LOOP 288 IN SOUTHEAST DENTON TO
ESTABLISH A CONDITIONED LIGHT INDUSTRIAL (LI[C]) ZONING DISTRICT
CLASSIFICATION AND LAND USE DESIGNATION; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (Z-00-001)
Beasley motioned, Young seconded to adopt the ordinance striking the uses as noted in the
Planning and Zoning Commission minutes. On roll vote, Beasley "aye", Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye".
Motion carded unanimously.
33. The Council held a public hearing and considered approving a Detailed Plan for
approximately 162 acres in the Planned Development 120 (PD-120) zoning district. The property
was generally located between North Elm Street (US 77) and Loop 288 roughly 1500 feet west
of North Locust (FM 2164). The proposal was to develop a single-family subdivision. The
Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-101,
North Pointe)
Doug Powell, Assistant Director for Planning and Development, presented the details of the
proposal as noted in the agenda materials. A single-family subdivision was proposed.
The Mayor opened the public hearing.
Ottis Lee, 1192 Boling Ranch Rd., Azle, 76020, spoke in favor of the proposal.
City of Denton City Council Minutes
April 4, 2000
Page 13
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2000-135
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO. 86-173 TO PROVIDE FOR A DETAILED PLAN FOR 162.527 ACRES
LOCATED WITHIN PLANNED DEVELOPMENT 120 (PD-120) ZONING
DISTRICT; THE SUBJECT PROPERTY BEING LOCATED BETWEEN NORTH
ELM STREET (US 77) AND LOOP 288 ROUGHLY 1500 FEET WEST OF NORTH
LOCUST (FM 2164); PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-101)
Young motioned, Beasley seconded to adopt the ordinance as recommended by the Planning and
Zoning Commission with 75% brick on the homes. On roll vote, Beasley "aye", Burroughs
"aye", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Miller "aye".
Motion carded with a 6-1 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
34. The Council considered and took action on a Non-residential Project Plan request for Oak
Tree Plaza Shopping Center. The 7.44-acre site was located at the southeast comer of Loop 288
and Spencer Road. (SP-00-001, Oak Tree Plaza)
Doug Powell, Assistant Director for Planning and Development, stated that staff had concerns
regarding the site plan that included architectural features of the building, access to the site,
parking, landscaping and signage.
The following individuals spoke regarding the proposal:
Ralph Isenberg, petitioner, - favor
Charles Crook, Weir and Associates - favor
Marty Wieder, 7291 Glenview Drive, North Richland Hills, 76180 - favor
Abigail Mooradian, 4800 Kelly Elliott Road, Arlington, 76017, submitted a speaker card in favor
of the proposal.
Kristoferson motioned, Durrance seconded to postpone consideration until the May 2na Council
meeting. On roll vote, Beasley "nay", Burroughs "nay", Cochran "nay", Durrance "aye",
Kristoferson "aye". Young "nay". and Mayor Miller "nay". Motion failed with a 2-5 vote.
Cochran motioned, Young seconded to approve the request with the removal of the Loop 288
access and only allowing one sign on the property.
City of Denton City Council Minutes
April 4, 2000
Page 14
Isenberg stated that he did not have a concern regarding the condition of the sign. He felt that by
the right of zoning, he had a right to ingress and egress to his property.
Council and the developer debated the pros and cons of the proposal in terms of parking and
driveways.
Beasley motioned, Burroughs seconded to postpone consideration to the May 2nd City Council
meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion carried with a 5-2 vote.
35. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-069, for Audra Oaks - a 2.93-acre parcel located on the
south side of Audra Lane west of Mockingbird. The proposal was for SF~7 zoning. (RR-00-05,
Audra Oaks)
Greg Edwards, 1621 Amanda Ct., Ponder, 76259, spoke in favor of the issue.
Burroughs motioned, Young seconded to approve the request for relief. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and
Mayor Miller "aye". Motion carded with a 5-2 vote.
36. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-069, for 416 Bryan Street. The 0.432-acre site was located
on the east side of Bryan Street approximately 110 feet south of Scripture. An apartment
complex was proposed. (RR-00-07, Belle Bryan Apartments)
Scott Richter, 209 Windbrook, 76205, spoke in favor.
Kristoferson motioned, Burroughs seconded to approve the request for relief. On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"aye", and Mayor Miller "aye". Motion carded unanimously.
37. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-069, for Robinson Oaks subdivision. The 36.1-acre
property was located north of Robinson Road west of the future FM 2499 Right-of-Way. A
single-family Planned Development (PD) was proposed. (RR-00-06, Robinson Oaks)
Lloyd Blaylock, 6116 N. Central, Dallas, 75206, spoke in favor of the relief.
Young motioned, Mayor seconded to approve the request for relief. On roll vote, Beasley "nay",
Burroughs "nay", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor
Miller "aye". Motion failed with a 2-5 vote.
38. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for a 4.315-acre property located at the southwest
comer of Lillian Miller and Southridge. The proposal was for consideration of an amended
Detailed Plan for a Bed and Breakfast on the property. (RN-00-06)
City of Denton City Council Minutes
April 4, 2000
Page 15
Rick Moore, 901 Ellison Park Circle, 76205, spoke in favor of granting the request for relief.
Cochran motioned, Young seconded to approve the request for relief. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Miller "aye". Motion carded unanimously.
39. The Council considered and took action on a request for relief from the Residential
Interim Regulations, Ordinance 2000-046, Behning Place subdivision. The 0.52-acre site was
located north of May Street approximately 200 feet east of Ruddell. A Planned Development
(PD) zoning district for a single-family development was proposed. (RR-00-08)
Burroughs motioned, Young seconded to approve the request for relief.
Allen Bucell, (1621 Amanda Ct., Ponder, 76259) and Nanette Behning, (2224 Woodbrook
Denton, 76205), spoke in favor of the request for relief.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carded unanimously.
40. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for property located on Nowlin Road, a proposal to
construct an accessory building used in conjunction with an existing cellular tower. (RN-00-21)
Burroughs motioned, Young seconded to approve the request for relief. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and
Mayor Miller "aye". Motion carded unanimously.
41. The Council considered and took action on a request for relief from the Non-Residential
Interim Regulations, Ordinance 2000-069, for property located at 520 Fort Worth Drive, a
proposal to construct a self-storage development. (RN-00-22)
Beasley motioned, Kristoferson seconded to deny the request for relief. On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and
Mayor Miller "nay". Motion carded with a 5-2 vote.
42. The Council considered approval of a resolution of the City of Denton, Texas, accepting
the sum of $1,000 from Windle Family Partners, Ltd. and Michael C. Ramos in consideration for
extending the one hundred eighty (180) day period for exclusive negotiations for the possible
lease of certain airport property as provided in City Council Resolution No. 99-055 for an
additional one hundred eighty (180) day period; and providing an effective date.
Cochran motioned, Kristoferson seconded to deny approval of the resolution. On roll vote,
Beasley "nay", Burroughs "nay", Cochran "aye", Durrance "nay", Kristoferson "aye", Young
"nay", and Mayor Miller "nay". Motion failed with a 2-5 vote.
The following resolution was considered:
City of Denton City Council Minutes
April 4, 2000
Page 16
NO. R2000-014
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACCEPTING THE SUM OF
$1,000 FROM WlNDLE FAMILY PARTNERS, LTD. AND MICHAEL C. RAMOS IN
CONSIDERATION FOR EXTENDING THE ONE HUNDRED EIGHTY (180) DAY
PERIOD FOR EXCLUSIVE NEGOTIATIONS FOR THE POSSIBLE LEASE OF
CERTAIN AIRPORT PROPERTY AS PROVIDED IN CITY COUNCIL
RESOLUTION NO. 99-055 FOR AN ADDITIONAL ONE HUNDRED EIGHTY (180)
DAY PERIOD; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Durrance seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carded with a 6-1 vote.
43. The Council considered adoption of an ordinance approving a Multiple Use Agreement
between the City of Denton and the State of Texas by the Texas Department of Transportation
for a Rain Gauge Station in the eastern right-of-way of FM 156 at Hickory Creek in the City of
Denton, Texas; authorizing the City Manager or his designee to sign the agreement; and
providing an effective date.
The following ordinance was considered:
NO. 2000-136
AN ORDINANCE APPROVING A MULTIPLE USE AGREEMENT BETWEEN THE
CITY OF DENTON AND THE STATE OF TEXAS BY THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR A RAIN GAUGE STATION IN THE EASTERN
RIGHT-OF-WAY OF FM 156 AT HICKORY CREEK IN THE CITY OF DENTON,
TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
44. The Council considered adoption of an ordinance authorizing the City Manager to
execute a Project Cooperation Agreement between the City of Denton and the Department of the
Army for modification of the Lake Lewisville Lake Wildlife Management Area of Lewisville
Lake, Texas; and providing for an effective date.
The following ordinance was considered:
NO. 2000-137
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DEPARTMENT OF THE ARMY FOR MODIFICATION OF THE LAKE
City of Denton City Council Minutes
April 4, 2000
Page 17
LEWISVILLE LAKE WILDLIFE MANAGEMENT AREA OF LEWISVILLE LAKE,
TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carded unanimously.
45. The Council considered adoption of an ordinance authorizing the Mayor or City Manager
to enter into an Interlocal Cooperation Agreement with Denton County, Texas for road
improvements regarding Brinker Road Project; and providing an effective date.
The following ordinance was considered:
NO. 2000-138
AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER
INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON
COUNTY, TEXAS FOR ROAD IMPROVEMENTS REGARDING BRINKER ROAD
PROJECT; AND PROVIDING AN EFFECTIVE DATEAN ORDINANCE
AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO AN
INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY, TEXAS
FOR ROAD IMPROVEMENTS REGARDING BRINKER ROAD PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carded unanimously.
46. The Council considered adoption of an ordinance authorizing the City's attorneys to
initiate litigation against TXU Electric & Gas to recover delinquent franchise fees and to prevent
TXU Electric from operating within the City on the City's streets and rights-of-way without
obtaining a franchise from the City; authorizing the City Attorney to seek the assistance of
outside counsel; and providing an effective date.
The following ordinance was considered:
NO. 2000-139
AN ORDINANCE OF AUTHORIZING THE CITY'S ATTORNEYS TO INITIATE
LITIGATION AGAINST TXU ELECTRIC & GAS TO RECOVER DELINQUENT
FRANCHISE FEES AND TO PREVENT TXU ELECTRIC FROM OPERATING
WITHIN THE CITY ON THE CITY'S STREETS AND RIGHTS-OF-WAY WITHOUT
OBTAINING A FRANCHISE FROM THE CITY; AUTHORIZING THE CITY
ATTORNEY TO SEEK THE ASSISTANCE OF OUTSIDE COUNSEL; AND
PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
April 4, 2000
Page 18
Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beaslcy "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
47. The Council considered nominations and appointments to the City's Boards and
Commissions.
There were no nominations/appointments made at this meeting.
48. New Business
The following items of New Business were suggested by Council members for future agendas:
A. Mayor Pro Tem Beasley asked for an assessment of less than 5 acres of land
being exempted from the interim regulations.
49.
Items from the City Manager
A. Notification of upcoming meetings and/or conferences
B. Clarification of items on the agenda
City Manager Jez did not have any items for Council.
50. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
51. There was no official action on Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
With no further business, the meeting was adjourned 11:24 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON
CITY OF DENTON CITY COUNCIL MINUTES
April 11, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, April 11, 2000 at 5:15 p.m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
1. Closed Meeting:
Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV'T. CODE Section 551.086.** Deliberations Concerning Real
Property --- Under TEX. GOV'T. CODE Section 551.072. Consultation With
Attorney --- Under TEX. GOV'T. CODE Section 551.071.
(1)
Received information from Staff, discussed, deliberated, considered, and
provided Staff with direction respecting the valuation of, and the possible
sale, transfer, assignment, or other divestiture of real property pertaining
to the City of Denton's electric utility system, including, without
limitation: the Gibbons Creek generation facility located in Grimes
County, Texas; the Spencer generation facility located on Spencer Road in
Denton County, Texas; the two hydroelectric facilities located in Denton
County, Texas; and other components of the City's electric generation
assets. Conducted a consultation with the City's attorneys in order to
obtain the advice and recommendations of the City's attorneys concerning
the above-referenced issues, where to discuss such issues and matters in a
public meeting would conflict with the attorneys' duties and professional
responsibilities to their client under the Texas Disciplinary Rules of
Professional Conduct.
B. Consultation with Attorney - Under TEX. GOV'T. CODE Sec. 551.071
Discussed and received briefing from attorneys on status and possible
settlement of litigation styled Municipal Administrative Services, Inc. v.
City of Denton, Cause No. 99-50263-367 currently pending in the 367th
District Court of Denton County, Texas.
Work Session of the City of Denton City Council on Tuesday, April 11, 2000 at 6:00 p.m. in the
Council Work Session Room in City Hall.
1. The Council received a report from Willie Hudspeth regarding tree removal from his
property.
Mr. Hudspeth presented a video regarding the removal of his trees and still felt that the Council
had been misled by staff regarding the removal of his trees.
City of Denton City Council Minutes
Apdl 11, 2000
Page 2
2. The Council received a report, held a discussion, and gave staff direction regarding a
follow-up report to the Teasley Lane Corridor Traffic Study.
Dave Hill, Assistant City Manager for Development Services, stated that this was the second
phase of a three part study. Two new documents had been prepared for Council - a revised
Teasley Lane Corridor Traffic Study and a Level of Service Evaluation.
Danny Cummings, C & P Engineering, presented the details of the study as noted in the agenda
materials.
Consensus of the Council was to proceed with the study.
3. The Council considered approval of the Preliminary Design Report by Freese & Nichols
for the Modifications to Lake Ray Roberts Surface Water Treatment Plant.
Tim Fisher, Assistant Director of Water Utilities, reviewed the major changes on the preliminary
design report for the Lake Ray Roberts Surface Water Treatment Plant as noted in the agenda
materials.
Consensus of the Council was to proceed with the recommended design including the noted
changes.
4. The Council received a report, held a discussion, and gave staff direction regarding a
resolution of the City Council of the City of Denton, Texas determining competitive matters
respecting certain public power utilities which are subject to protection under the Texas Open
Meetings Act and the Texas Public Information Act; adopting declarations and findings in the
preamble; and providing for an effective date.
Sharon Mays, Director of Electric Utilities, stated that Senate Bill 7 created a public power
exception to both the Texas Open Meetings Act and the Texas Public Information Act for
municipal electric utilities. The purpose of the resolution was to provide the citizens of Denton a
clear understanding of how the City intended to implement the new law and to provide Council
guidance to the Public Utilities Board, the City Attorney, and the electric utility staff on
application of this exception. Council could approve the resolution as presented or not approve
the resolution and determine all competitive matters on a case by case basis in closed PUB and
Council sessions.
Consensus of the Council was to proceed with preparing the documents to consider the
resolution.
5. The Council received a report, held a discussion, and gave staff direction concerning
dually certified service areas between the City of Denton and Argyle Water Supply Corporation.
Howard Martin, Assistant City Manager for Utilities, stated that Denton and Argyle had dual
certified areas for water and wastewater service. Since both utilities were expanding and desired
to establish defined service areas cooperatively rather than competitively, the staff met to discuss
service areas boundaries based on a single certification approach. If agreed on by Council, the
boundaries of the two certified areas would be as indicated in the agenda materials.
City of Denton City Council Minutes
April 11, 2000
Page 3
Consensus of the Council was to proceed with the recommendation as presented by staff.
With no further business, the meeting was adjoumed at 9:00 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
Agenda No.~
Agendaltem · ~.~ .. r.
AGENDA DATE:
DEPARTMENT:
ACM:
May 2, 2000
Fiscal & Municipal Services/Tax
Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services~'k~ ~
SUBJECT:
Consider approval of a tax refund to Stewart Title for TMI, Inc. The 1999 tax was paid twice, resulting in an
overpayment.
BACKGROUND:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. The 1999 tax for TMI, Inc. was paid twice. Two separate checks
both in the amount of $613.47 were received on 12/7799 and on 12/27/99 sent by Stewart Title, resulting in
an overpayment of $613.47. All documentation necessary for refund is attached.
FISCAL INFORMATION:
The tax overpayment revenue fund would be reduced by $613.47.
Respectfully submitted:
D~ar~a Ortiz ~
Director of Fiscal Operations
Prepared by:
~ent By: OMU Custo~aP 5ePVlOe~ u,,u e~ ,~,~ -~ ............. , -
N~PLIOATION FOR TAX REFUND --
:01la,ting o~r, eMme '-- c.,~;;a~r,~ tax mr: (Mxlng units)
CITY OF DEHTON
~ITY OF DENTON TAX OFFIGE ,.
Present maar;g I(Idmal~ inum~er aha ~met) L
!oi E. HICKORY SUITE P, ,
~, town or poet om(~, sm~, zip
3~p I: ~MI INa - PAID BY 5~RT ~ ,_
Present M~I~ Add~ (number aM
~o~o name 333 ~p~r~ ~N 300 ,
~y, ~ Or ~ ~, steM;ZIP ~e - IF~eF,~ (a~ ~ae and n~T~r)
and ~:~ HOU~O~, ~ ~0~ _
Ste~ · ~g~ d~pffon (or ~ ~Py ~o
Doecrl~ SO.HR D~E E~ PH 1, 9LOCK 2r L~ 20 _~ .
~e pmpo~ A~n or Io~on ~ prope~ .........
A~nt numar of
-- Name ~ Ta~g Year
UnR From ~lch For ~1~ ~und
Ttx
Of at' Tax Refund
TaxH Paid
Step 3: , of E'?-'_~n 1909
31ye ~e tax , e! I~;~n 49gg
12,/2/99 S
nformatlan
~top 4:
)~gn tho form
Taxpayers reason for rotund (attach SUl~rtl~g documentation): 'lOBe tax was paid
'1 hereby apply for the refund of the above41eserlbed texas and Cm~y that {he information I have given en
Ha. form Is kue end =orreot M. the best of my.lfpow!ed.n- endbellef? .......
" ~lgnature~ .... ~ ~/~,. , Ioate ot,~p;~at;on mr tax-retun(~:
Any person who makes e false enW upon the feregoMg record eMIl be auNoet to o~a of ~o following penalties:
1. Impriaonmeflt e! net more tiler tho 10 years nor M~ ~ 2 year~ and/or a line of not more than $5,00O or both
uuen fine and iml~1~enment; 2. Confinement In la, for a term up m 1 year or a fine to oxr, eecl $2,o00 or both aur, h
fine end Imerisonment as se~ faith In 8ec~n 31.10, Penal Code. .- . .
~'~ 889'0N 2 3~£I± I~UM31S Wd£T:~ 000~'TT'~dU
AGENDA INFORMATION SHEET
Agenda Item
Date ,.'~'--/.~
AGENDA DATE:
DEPARTMENT:
ACM:
May 2, 2000
Fiscal & Municipal Services/Tax
Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services~
SUBJECT:
Consider approval of a tax refund to Extraco Mortgage for Mark & Terry Krantz. The 1999 tax was paid
twice, resulting in an overpayment.
BACKGROUND:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. The 1999 tax for Mark & Terry Krantz was paid twice. Two separate
checks both in the amount of $769.81 were received on 12/31/99 and on 1/24/00 sent by Extraco Mortgage,
resulting in an overpayment of $769.81. All documentation necessary for refund is attached.
FISCAL INFORMATION:
The tax overpayment revenue fund would be reduced by $769.81.
Respectfully submitted:
l~a Ortiz
Director of Fiscal Operations
Prepared by:
Carolene Folse
Revenue & Tax Analyst
SENT BY:CORP
~ent By: O~U Customer ServLee;
; 3-28- 0 ; I:§SPM ; FIRST BANKEES MTCr~
940 349 721t; Mar-28-O0 II:5§AM;
340 349 7211;# 3
Page 2/2
~tep
'Give
informathm
8ted 4:
Taxpaye~ malmn for re~l~ f iii~.,ll I~plx)~ing d(x~a~): q~l~wa~ ~1~, ~
'1 hereby Ipf3iy fer lite re~d o~te above-~aMl~l~l taxea e~l ~ th~ Ore InfemtaUon I hive giv~,1 on
~ 0 o ~i~:~O o o o ~ ~ ~i~ o o o ~]~i~io o o o ~i~:~:~ o o o ~:~i~:~o o o o ~ ~i~o o o o~ii~ ~!~ii~i~
o
o
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
A, gendaltem .. ~
mate
/
May 2, 2000
Fiscal & Municipal Services/Tax
Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services
SUBJECT:
Consider approval of a tax refund to First American Tax Service for John & Linda Yarbrough. The 1999 tax
was paid twice, resulting in an overpayment.
BACKGROUND:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. The 1999 tax for John & Linda Yarbrough was paid twice. Two
separate checks both in the amount of $818.33 were received on 12/30/99 and on 12/31/99 sent by First
American Tax Service, resulting in an overpayment of $818.33. All documentation necessary for refund is
attached.
FISCAL INFORMATION:
The tax overpayment revenue fund would be reduced by $818.33.
Prepared by:
Carolene Folse
Revenue & Tax Analyst
Respectfully submitted:
Director of Fiscal Operations
APF'ICAT.- FOR TAX REFU.D (q q q :3 3 A
Collecting o,,' ,~e name Collecting tax for: (taxing units)
CITY OF DENTON TAX OFFICE CITY OF DENTON
Present mailing address (number and street)
601 E. HICKORY SUITE F
City, town or post office, state, ZIP code Phone (area code and number)
DENTON, TX 76205 (940) 349-8318
To apply for a tax refund, the taxpayer must complete the following.
uwner's Name
Step 1: John &Linda Yarbmu~lh (Paid by First American Real Estate)
Present Mailing Address (number and street)
Owner's name 8435 Stemmons Freeway
City, town or post office, state, ZIP code Phone (area code and number)
and address Dallas, TX 75247-3907
Step 2: Legal description (or attach copy of the tax bill or tax receipt):
Describe JVS Addn, Block A, Lot 28
the property Address or location of property:
109 Chapel Dr.
Account number of property: Tax receipt number:
Name of Taxing Year Date Amount Amount
Unit From Which For Which Refund Of The Of Of Tax Refund
Refund is Required Is Requested Tax Payment Taxes Paid Requested
Step 3: 1. City of Denton 1999 ~ Z./:j ~ ~ I ~. ~ ~ $ 818.33
Give the tax 2.
payment 3.
information 4.
5.
Taxpayer's reason for refund ( attach supporting documentation): 1999 TAXES PAID TWICE
*1 hereby apply for the refund of the above-described taxes and certify that the information I have given on
Step 4: this form is true and correct to the best of my knowledge and belief.*
Signature .,~_.~__ ~ ;Date et application tor tax retund:
Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties:
1. Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both
such fine and imprisonment; 2. Confinement in jail for a term up to I year or a fine to exceed $2,000 or both such
fine and imprisonment as set forth in Section 37.10, Penal Code.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
May 2, 2000
Fiscal & Municipal Services/Tax
Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services~
SUBJECT:
Consider approval of a tax retired to First American Tax Service for Doyle Davis. The 1999 tax was paid
twice, resulting in an overpayment.
BACKGROUND:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. The 1999 tax for Doyle Davis was paid twice. Two separate checks
both in the amount of $838.44 were received on 12/30/99 and on 12/31/99 sent by First American Tax
Service, resulting in an overpayment of $838.44. All documentation necessary for refund is attached.
FISCAL INFORMATION:
The tax overpayment revenue fund would be reduced by $838.44.
Respectfully submitted:
l~ian~ Ortiz
Director of Fiscal Operations
Prepared by:
Carolene Folse
Revenue & Tax Analyst
APPUCAT,ON FOR' AX REFU.D fl II aa
C~cti~'~J-.~ffice name Collecting tax for: (taxing units)
CI'~f' OF DENTON TAX OFFICE CITY OF DENTON
Preser~t mailing address (number and street)
601 E., HICKORY SUITE F
City, town or post office, state, ZIP code Phone (area code and number)
DENTON, TX 76205 1940) 349-83t8
To apply for a tax refund, the taxpayer must complete the following.
uwner's Name
Step 1: Doyle Davis (Paid by First American Real Estate)
Present Mailing Address (number and street)
Dwner's name 8435 Stemmons Freeway
City, town or post office, state, ZIP code Phone (area code and number)
~nd address Dallas, TX 75247-3907
Step 2: Legal description (or attach copy of the tax bill or tax receipt):
Describe Forrestridge Sec 2, Block F, Lot 8
the property Address or location of property:
108 El Paseo St.
Account number of property: Tax receipt number:
075060 OR [05l '00:35'
Name of Taxing Year Date Amount Amount
Unit From Which For Which Refund Of The Of Of Tax Refund
Refund is Required Is Requested Tax Payment Taxes Paid Requested
Step 3: 1. City of Denton 1999
payment 3.
information 4.
5.
Taxpayer's reason for refund ( attach supporting documentation): 1999 TAXES PAID TVVICE
*1 hereby apply for the refund of the above-described taxes and certify that the information I have given on
Step 4: this form is true and correct to the best of mY know edcle and belief,*
Sign the form sign ~[~here ~,g n atu re _....~'"'~..~-~- P Date o, ~'~/~ '~'~applicati°n tor tax rotund:
Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties:
1. Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both
such fine and imprisonment; 2. Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such
fine and imprisonment as set forth in Section 37.10, Penal Code.
~:~:~ ................. ~:~:~ ~ ~ ~::~'~'~ ~ ......... ::::::::::::::::::::: z ............... z
~ :::::::::::::::::::::::::::::::::: ~ ::::::::::::::::::::::::::::::: ::;~::?. ??:?:~ ~?,~ ::::::::::::::::::::::::::::::::::::::: ::::?:~?.??:::?~?:~ ~ ~ ?:~ ~::?:?:?:?:~:~ :::::::::::::::::::::::::::::::::::::::
~ ~ ~ ~ :.:.:::: ::::~:::: :::::::::::::::::::::::: :::. ~::::~:::::::::::::::::::::::::::::::::::::::::::
....................... ................... ~:~:~:~:~:~:~:~:~:~:~:~: :~ ?:?:~::~?:~?:~::~?::~?:~::~?:~::~:?:~::~ ~::??:?;~::~:: ::::::::::::::::::::::::::::::::::::::
o~ooo~oooo~:~:~ooo~:~:~ooo~oooo~: .: ~ .~:~:~:~:
....
::::::::::::::::::::::::::::::::::::::
AGENDA INFORMATION SHEET
Agenda Item
Oat,, -
AGENDA DATE:
DEPARTMENT:
ACM:
May 2, 2000
Fiscal & Municipal Services/Tax
Kathy DuBose, Assistant City Manager of Fiscal and Municipal Serviceso~
SUBJECT:
Consider approval o£ a tax refund to First Denton Ltd. The 1998 taxable amount was lowered per court
order of 12/29/99, resulting in an overpayment.
BACKGROUND:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body o£ the taxing
unit for refunds in excess of $500.00. The 1998 taxable value for First Denton Ltd. was lowered per court
order of 12/29/99, resulting in an overpayment of$4,711.90. All documentation necessary for refund is
attached.
FISCAL INFORMATION:
The tax overpayment revenue fund would be reduced by $4,711.90.
Respectfully submitted:
Di[n~ Ortiz ·
Director of Fiscal Operations
Prepared by:
Carolene Folse
Revenue & Tax Analyst
I t I
============================
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Agenda No.~
Agenda Item,, , //
Fiscal & Municipal Services/Tax
DuBose, Assistant City Manager, Fiscal and Municipal Services'~,~---'~
Kathy
SUBJECT
Consider approval of an ordinance authorizing the City Manager to execute the First Amendment
to the Delinquent Tax Attorney Contract with the law firm of Linebarger, Heard, Goggan, Blair,
Graham, Pefia & Sampson, L.L.P., and the law firm of Gregory & Bradshaw, P.C. extending the
contract for an additional one year term ending on June 30, 2001; authorizing the City Manager
to give written notice to the firm of its desire to extend this contract; amending the firm name
and making additional changes to the contract; authorizing the expenditure of funds; and
providing an effective date.
BACKGROUND
The law firm of Linebarger, Heard, Goggan, Blair, Graham, Pefia & Sampson, L.L.P., is
currently under contract by the City for the collection of all delinquent property taxes, penalty
and interest owed to the City. The firm has represented the City in all lawsuits involving the
collection of delinquent taxes and enforcement of tax liens; bankruptcy litigation; claims, actions
filed with federal agencies; interventions in suits filed on behalf of any other taxing unit's current
suits; and any other suit or litigation which may involve or relate to the collection of delinquent
taxes. The existing contract is for a term of three (3) years, beginning July 1, 1997, and ending
on June 30, 2000. The contract may be extended for two additional one-year terms as stipulated
in section XVIII of the contract.
The contract requires that the firm meet a specific performance measure for each year's account
total. The firm must collect at least 60% of the delinquent amount turned over for each year of
the contract beginning July 1 through June 30. Linebarger, Heard, Goggan, Blair, Graham, Pefia
& Sampson, L.L.P., have satisfied this requirement for each year during the contract term.
RECOMMENDATION
Staff is recommending extending the term of this contract for one additional one-year term to
commence on July 1, 2000 and end on June 30, 2001.
FISCAL INFORMATION
Payment for these services is provided in the current budget.
i~_ ~~~../lly submitted:
D~ana Ortiz
Director of Fiscal Operations
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT. TO THE DELINQUENT TAX ATTORNEY CONTRACT WITH THE LAW
FIRM OF LINEBARGER, HEARD, GOGGAN, BLAIR, GRAHAM, PElqA & SAMPSON,
L.L.P., AND THE LAW FIRM OF GREGORY & BRADSHAW, P.C. EXTENDING THE
CONTRACT FOR AN ADDITIONAL ONE YEAR TERM ENDING ON JUNE 30, 2001;
AUTHORIZiNG THE CITY MANAGER TO GIVE WRITTEN NOTICE TO THE FIRM OF
ITS DESIRE TO EXTEND THIS CONTRACT; AMENDING THE FIRM NAME AND
MAKING ADDITIONAL CHANGES TO THE CONTRACT; AUTHORIZING THE
EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the initial term of the City's Contract for the Collection of Delinquent
Property Taxes with the law firm of Linebarger, Heard, Goggan, Blair, Graham, Pefia &
Sampson, L.L.P. (formally known as Blair, Goggan, Sampson and Meeks), and the law finn of
Gregory & Bradshaw, P.C. (formally known as the Law Office of Mike Gregory) expires on
June 30th of this year; and
WHEREAS, Section XIII "Term" of the Contract authorizes the City Council to extend
the contract two additional one year terms upon the City giving written notice to the law firms at
least 30 days prior to June 30, 2000, of its desire to continue the contract; and
WHEREAS, the City Manager has recommended that the Contract be extended for an
additional one year term commencing July 1, 2000 and ending June 30, 2001; and
WHEREAS, the City Manager has recommended that the Contract needs to be amended
to reflect the change in the firm name, and by substituting for the phrase "Executive Director of
Finance" the phrase "Assistant City Manager for Finance and Municipal Services"; and
WHEREAS, the City Council deems it in the public interest to extend and amend the
contract; NOW,, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Contract for the Collection of Delinquent Property Taxes between
the City and the law firm of Linebarger, Heard, Goggan, Blair, Graham, Pefia & Sampson, L.L.P,
and the law finn of Gregory & Bradshaw, P.C., executed June 17, 1997, as hereby amended
(Contract), be extended under the same terms and conditions for an additional one year texm
beginning July 1, 2000 and ending on June 30, 2001. That the City Manager is hereby
authorized to execute the First Amendment to this Contract in substantially the form of the
attached First Amendment to the Contract for the Collection of Delinquent Property Taxes which
is made a part of this ordinance for all purposes.
Page 1 of 2
SECTION 2. That the City Manager is hereby directed to give written notice to the law
firms at least 30 days Prior to June 30, 2000 of the City Council's desire to extend this contract
for an additional one year term enclosing a tree and correct copy of this ordinance.
SECTION 3. City Manager is authorized to undertake the expenditure of funds and .to
perform the other obligations as set forth in the contract.
SECTION 4. That this ordinance shall become effective immediately 'upon its passage
and approval.
PASSED AND APPROVED this the day of ,2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
~ ~ i? // //7
/
Page 2 of 2
F:~shared\deptLLGL\Our Documents\Contracts\00\Delinquent Tax Amendment.doc
STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO.CONTRACT
FOR THE COLLECTION OF
DELINQUENT PROPERTY TAXES
This First Amendment to that certain Contract made and entered into between the City of
Denton, Texas, 215 E. McKinney, Denton, Texas 76201 ("City"), acting herein by and through
its governing body, and the Law Firm of Linebarger, Heard, Goggan, Blair, Graham, Pefia &
Sampson, L.L.P., and the Law Firm of Gregory and Bradshaw, P.C. 303 N. Carroll Boulevard,
Suite 100, Denton, Texas 76201, hereinafter referred to as the "Firm".
WHEREAS, the City Council has authorized the extension of the contract for Collection
of Delinquent Property Taxes between the City and the Firm for a one year period ending on
June 30, 2001; and
WHEREAS, the contract needs to be amended to reflect the changes in the Firms name
and to amend Section VIII. "Progress Reports" to substitute for the phrase "Executive Director
of Finance" the title "Assistant City manager for Fiscal and Municipal Services";
In consideration of the following terms and conditions the Contract for the Collection of
Delinquent Property Taxes between the parties is hereby amended as follows:
The first paragraph on the first page of the contract is hereby amended to read as follows:
This contract is made and entered into by and between the City of Denton, Texas, 215 E.
McKinney, Denton, Texas 76201 ("City"), acting herein by and through its governing body, and
Linebarger, Heard, Goggan, Blair, Graham, Pefia & Sampson, L.L.P., ("Firm") and the Law
Firm of Gregory and Bradshaw, P.C., 303 N. Carroll Boulevard, Suite 100, Denton, Texas
76201.
That Section VIII. "Progress Reports" is amended by substituting for the phrase "Executive
Director of Finance" in the first sentence the phrase ."Assistant City Manager for Fiscal and
Municipal Services".
F:\SHARED~DEPT~LGL\Our Documents\Contraets\00~Delinquent Tax Amendment.doe
o
That save and except as amended hereby the remaining sections, sentences, clauses and phrases
of the above-referenced contract for Collection of Delinquent Property Taxes between the parties
shall remain in full force and effect.
1N WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager; and Firm has executed this Agreement on this the
day of ,2000.
"CITY"
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
MICHAEL W. JEZ, CITY MANAGER
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
F:\SHAREDXDEPTXLGL\Our Documents\Contraets\00~Delinquent Tax Amendment.doc
LINEBARGER, HEARD, GOGGAN,
BLAIR, GRAHAM, PEI'~A &
SAMPSON, L.L.P.
BY:
GREGORY AND BRADSHAW, P.C.
BY:
AGENDA DATE:
DEPARTMENT:
ACM:
Agenda Item
AGENDA INFORMATION SHEET
May 2, 2000 Questions concerning this
acquisition may be directed
Fiscal Operations to Thomas Josey/8515
Kathy DuBose, Assistant City Manager -~
Fiscal and Municipal Services
SUBJECT
Consider approval of a resolution approving the transfer of duties as Vital Statistics Registrar
from the City of Denton to the County Clerk of Denton County, Texas; and providing for an
effective date.
BACKGROUND
The State encourages the consolidation of county and municipal maintenance of vital records
(birth and death records) and provides for such in Title 3 of the Health & Safety Code, Section
191.023. That consolidation eliminates the duplication of these services. The County Clerk's
office is linked to the Texas Department of Health office, which maintains the birth record
database and death record original copies for the entire state of Texas.
The transfer of the vital statistics function will alleviate the time required to process over-the-
counter requests for birth and death records, and the floor space occupied by the permanent files.
These resources will be dedicated to addressing the tremendous growth currently being
experienced in the municipal court.
RECOMMENDATION
Management staff recommends approval of this resolution.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Death County Commissioners Court approved a resolution on March 14, 2000 (attached).
FISCAL INFORMATION
Estimated annual revenue related to this service is approximately $40,000.
Respectfully submitted:
Diana Ortiz
Director of Fiscal Operations
Attachment
RESOLUTION APPROVING THE TRANSFER
OF DUTIES AS VITAL STATISTICS REGISTRAR
FROM THE CITY OF DENTON TO THE COUNTY CLERK
OF DENTON COUNTY~ TEXAS
WHEREAS, V.T.C.A., Texas Health and Safety Code §191.023, provides for the consolidation of County
and Municipal Maintenance of Birth and Death Records; and
WHEREAS, The Official to whom the duties would be transferred, being the County Clerk, has attested in
writing that she has sufficient resources to assume those duties in compliance with V.T.C.A. Texas Health and
Safety Code § 191.023 (c), a copy of which is attached;
WHEREAS, The City of Denton is supportive of the transfer of duties as Registrar of birth and death records
to the Denton County Clerk; and
WHEREAS, The consolidation only affects the City of Denton and the County of Denton who have agreed
to an orderly transfer to be effective October 01, 2000; and
WHEREAS, The Denton County Clerk currently has a computer link with the State Registrar in order to
provide birth records of individuals bom in other counties in the State of Texas as a convenience to the taxpayers of
Denton County; and
WHEREAS, The citizens of Denton County would be better served by having all birth and death records
from the City of Denton maintained in same location as county birth and death records by transferring the duties
relating to the maintenance of birth and death records to the Denton County Clerk;
NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Denton County, Texas, meeting in
this special session on Tuesday, March 14, 2000, that effective October 01, 2000, the Denton County Clerk is hereby
designated Vital Statistics Registrar for the City of Denton with the responsibility of receiving, registering and
maintaining a record of all births and deaths occurring within the city limits of the City of Denton, and the transfer
of such responsibilities and records to the Denton County Clerk is hereby authorized.
DONE IN OPEN ~OURT, this the/t~'t£day of March 2000, upon mo. tion~
seconded by ~orl~t,~./'~/~/1~.~' and t-/ members nt and voting.
WoT
JEFf~r~GEI{ ~' SANDY JACOBS
Coffinff~s'ioner Precinc~rfie Commissioner Precinct Two
,, ,,.
SC~}TT ARMEY. ' I ~ 2`0 "',." · ~.~;../~ ~ J'fM CARTERf
· . . ~- 2 . . /' ....
C~tNa M~tchell, Co~ Clerk
And Ex-Offimo Clerk of
Co~ssioners Co~
Health and Safety Code
TITLE 3. VITAL STATISTICS
CHAPTER 191. ADMINISTRATION OF VITAL STATISTICS RECORDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 191.001. Definitions.
In this title:
(1) "Board' means the Texas Board of Health.
(2) 'Department" means the Texas Department of Health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 191.002. Powers and Duties of Department.
(a) The department shall administer the registration of vital
statistics.
(b) The department shall:
(1) establish a bureau of vital statistics with suitable
offices that are properly equipped for the preservation of its
official records;
(2) establish a statawide system of vital statistics;
(3) provide instructions and prescribe forms for collecting,
recording, transcribing, compiling, and preserving vital
statistics;
(4) require the enforcement of this title and rules adopted
under this title;
(5) prepare, print, and supply to local registrars forms for
registering, recording, and preserving returns or otherwise
carrying out the purposes of this title; and
(6) propose legislation necessary for the purposes of this
title.
(c) The department may use birth records and provide those
records on request to other state agencies for programs notifying
mothers of young children about children's health needs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 191.003. Powers and Duties of Board.
(a) The board shall:
(1) adopt necessary rules for collecting, recording,
transcribing, compiling, and preserving vital statistics;
(2) supervise the bureau of vital statistics; and
(3) appoint the director of the bureau of vital statistics.
(b) In an emergency, the board may suspend any part of this
title that hinders the uniform and efficient registration of
vital events and may substitute emergency rules designed to
expedite that registration under disaster conditions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eft. Sept. 1, 1989.
Sec. 191.004. State Registrar.
(a) The director of the bureau of vital statistics is the state
registrar of vital statistics. The director must be a competent
vital statistician.
(b) The state registrar shall prepare and issue detailed
instructions necessary for the uniform observance of this title
and the maintenance of a perfect system of registration.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 191.0045. Fees.
(a) The bureau of vital statistics may charge fees for
providing services to the public and performing other activities
in connection with maintenance of the vital statistics system,
including:
(1) performing searches of birth, death, fetal death,
marriage, divorce, annulment, and other records;
(2) preparing and issuing copies and certified Copies of
birth, death, fetal death, marriage, divorce, annulment, and
other records; and
(3) filing a record, amendment, or affidavit under this
title.
(b) The board by rule may prescribe a schedule of fees for
vital statistics services. The aggregate of the amounts of the
fees may not exceed the cost of administering the vital
statistics system.
(c) The bureau of vital statistics shall refund to an applicant
any fee received for services that the bureau cannot perform. If
the money has been deposited to the credit of the vital
statistics fund, the comptroller shall issue a warrant against
the fund for refund of the payment on presentation of a claim
signed by the state registrar.
(d) A local registrar who issues a certified copy of a birth or
death certificate shall charge the same fees as charged by the
bureau of vital statistics, including the additional fee required
under Subsection (e), except as provided by Subsection (g).
(e! In addition to fees collected by the bureau of vital
statistics under Subsection (b), the bureau shall collect an
additional $2 fee for each of the following:
(1) issuing a certified copy of a certificate of birth;
(2) issuing a wallet-sized certification of birth; and
(3) conducting a search for a certificate of birth.
(f) The fees collected under Subsection (e) shall be deposited
in the state treasury to the credit of the work and family
policies fund. Money in the fund may be used only for the
purposes prescribed by Section 81.006(a), Labor Code.
(g) A local registrar that on March 31, 1995, was charging a
fee for the issuance of a certified copy of a birth certificate
that exceeded the fee charged by the bureau of vital statistics
for the same type of certificate may continue to do so but shall
not raise this fee until the fee charged by the bureau exceeds
the fee charged by the local registrar. A local registrar to
which this subsection applies shall charge the additional fee as
required under Subsection (e).
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 52, eft. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 651, Sec. 2, eft.
Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.62, eft. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 305, Sec. 1, eff. Sept. 1, 1995.
Sec. 191.0046. Fee Exemptions.
(a) On the request of a child's parent or guardian, the state
registrar shall issue without fee a certificate necessary for
admission to school or to secure employment. The certificate
shall be limited to a statement of the child's date of birth.
(b) The state registrar shall issue without fee a certified
copy of a record not otherwise prohibited by law to a veteran or
to the veteran's widow, orphan, or other dependent if the copy is
for use in settling a claim against the government.
(c) On court order, the state registrar may issue withou~ fee a
certified copy of a birth record in cases related to child labor
or the public schools.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eft. Sept. 1, 1989.
Renumbered from Sec. 191.054 and amended by Acts 1991, 72nd Leg.,
ch. 14, Sec. 52, eft. Sept. 1, 1991.
Sec. 191.005. Vital Statistics Fund.
(a) The vital statistics fund is in the state treasury.
(b) The legislature shall make appropriations to the department
from the fund to be used to defray expenses incurred in the
administration and enforcement of the system of vital statistics.
{c) All fees collected by the bureau of vital statistics shall
be deposited to the credit of the vital statistics fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 53, eft. Sept. 1,
1991.
Sec. 191.006. Records of Persons in Hospitals and Institutions.
(a) This section applies to each public or private hospital,
almshouse, or other institution to which persons are committed by
process of law or voluntarily enter for treatment of disease or
for confinement.
(b) When a person is admitted to the institution, the
superintendent, manager, or other person in charge of the
institution shall record, in the manner directed by the state
registrar, the admitted person's personal and statistical data
required by certificate forms under this title. If the person is
admitted for the treatment of disease, the physician in charge
shall specify for the record the nature of the disease and where,
in the physician's opinion, the disease was contracted.
(c) The personal information required under Subsection (b)
shall be obtained:
(1) from the person admitted to the institution, if
practicable; or
(2) from the person's relatives or friends or from other
persons acquainted with the facts, in as complete a manner as
possible, if the information cannot be obtained from the person
admitted to the institution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eft. Sept. 1, 1989.
Sec. 191.007. Regulation by Certain Municipalities.
The governing body of a Type A general-law municipality may:
(1) regulate the registration of marriages; and
{2) direct the return and maintenance of bills of mortality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eft. Sept. 1, 1989.
SUBCHAPTER B. RECORDS OF BIRTHS, DEATHS, AND FETAL DEATHS
Sec. 191.021. Registration Districts.
(a) The state is divided into registration districts for the
purposes of registering births, deaths, and fetal deaths. The
registration districts are:
(1) each justice of the peace precinct; and
(2) each municipality with a population of 2,500 or more.
(b) To facilitate registration, the board may combine or divide '
registration districts.
Acts 1989, 71st Leg., ch. 678, Sec. I, eft. Sept. 1, 1989.
Sec. 191.022. Local Registrars.
(a! The justice of the peace is the local registrar of births
and deaths in a justice of the peace precinct. However, the duty
of registering births and deaths may be transferred to the county
clerk if the justice of the peace and the county clerk agree in
writing and the agreement is ratified by the commissioners court.
(b) The municipal clerk or secretary is the local registrar of
births and deaths in a municipality with a population of 2,500 or
more.
(c) Each local registrar shall appoint a deputy registrar so
that a registrar will be available at all times for the
registration of births and deaths,
{d) The local registrar shell sign each report made to the
bureau of vital statistics.
(e) If a local registrar fails or refuses to register each
birth and death in the district or neglects duties under this
title, the county judge or the mayor, as appropriate, shall
appoint a new local registrar and shall send the name and mailing
address of the appointee to the state registrar.
(fl A local registrar who collects a fee for a certified copy
of a birth certificate shall deduct 20 cents of that fee to apply
to the registrar's administrative costs and remit $1.80 of that
fee to the comptroller for deposit in the work and family
policies fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eft. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 305, Sec. 2, eft. Sept. 1,
1995.
Sec. 191.023. Consolidation of County and Municipal Maintenance of Birth
and Death Records.
(a) The duties imposed by law relating to the maintenance of
birth and death records of a municipality with a population of
2,500 or more may be transferred to the county in which the
municipality is located, as provided by this section.
(b) If the commissioners court adopts a resolution to transfer
the duties and the governing body of the municipality
subsequently adopts a concurring resolution, the county and
municipality shall agree on a timetable for the transfer and
shall execute the transfer in an orderly fashion.
(c) Before a commissioners court may adopt a resolution under
Subsection (b), the official to whom the duties would be
transferred must attest in writing that the official has
sufficient resources and finances to assume those duties.
(d) If the governing body of a municipality does not adopt a
concurring resolution before the 91st day after the date on which
a county adopts a resolution under Subsection (b), a petition by
the qualified voters of the municipality may serve as the
equivalent of a concurring resolution under Subsection (b). The
petition must succinctly describe the intention to consolidate
county and municipal maintenance of birth and death records and
must be signed by a number of qualified voters equal to at least
20 percent of the number of qualified voters voting in the most
recent mayoral election.
(e) A consolidation under this section affects only the county
and the municipality to which the resolutions apply. This
section does not affect the apportionment of registration
districts under Section 191.021.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
F:\shared\dept\LGL\Our DocumentsXResolutions\00XBirth-Death Records Resolution.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING THE TRANSFER OF DUTIES AS VITAL STATISTICS REGISTRAR FROM
THE CITY OF DENTON TO THE COUNTY CLERK OF DENTON COUNTY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, V.T.C.A., Texas Health and Safety Code §191.023, provides for the
consolidation of County and Municipal Maintenance of Birth and Death Records; and
WHEREAS, The Official to whom the duties would be transferred, being the County
Clerk, has attested in writing that she has sufficient resources to assume those duties in
compliance with V.T.C.A. Texas Health and Safety Code §191.023(c) a copy of which is
attached; and
WHEREAS, the County of Denton is supportive of the transfer of duties as Registrar of
birth and death records to the Denton County Clerk; and
WHEREAS, the consolidation only affects the City of Denton and the County of Denton
who have agreed to an orderly transfer to be effective October 1, 2000; and
WHEREAS, the Denton County Clerk currently has a computer link with the State
Registrar in order to provide birth records of individuals bom in other counties in the State of
Texas as a convenience to the taxpayers of Denton County; and
WHEREAS, the citizens of the City of Denton and Denton County would be better
served by having all birth and death records from the City of Denton maintained in the same
location as county birth and death records by transferring the duties relating to the maintenance
of birth and death records to the Denton County Clerk; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1: That effective October 1, 2000, the Denton County Clerk is hereby
designated Vital Statistics Registrar for the City of Denton with the responsibility of receiving,
registering and maintaining a record of all births and deaths occurring within the city limits of
the City of Denton, and the transfer of such responsibilities and records to the Denton County
Clerk is hereby authorized.
.SECTION 2: That this resolution shall become effective on October 1, 2000.
PASSED AND APPROVED this the __ day of
,2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Agenda Item ~"~ '
Questions concerning this
acquisition may be directed
to Dave Hill 349-8314
SUBJECT:
An Ordinance authorizing the withdrawal of a bid and cancellation of an award of a contract
from and to Smith Landscapes for the annual contract for mowing services; providing for a new
award to the second lowest responsible bidder; and providing an effective date (Bid 2467 -
Annual Mowing Contract Section B awarded to Blagg Lawn Service, in the estimated annual
amount of $25,000).
CONTRACT ORDER INFORMATION:
Council approved a contract with Smith Landscapes on March 7, 2000, Ordinance No. (2000-
081) for the annual contract for Mowing Services under the direction of Code Enforcement
Division. Since that time Smith Landscapes has notified the City of Denton they will be unable
to fulfill the contract, (See letter attached as Attachment 2). We are recommending the award of
Bid 2467 Section B be rescinded and rewarded to the next lowest bidder, Blagg Lawn Service.
RECOMMENDATION:
We recommend the cancellation of the contract with Smith Landscapes and award of the contract
to Blagg Lawn Service.
Project B - Code Enforcement awarded to Blagg Lawn Service:
Mowing Parcels with Unrestricted acres:
Category Description Up to 3' Over 3'
I-A Parcels up to 1,000 sq. ft. $40 $55
II-A Parcels 1,001 sq. ft to 1 acre $60 $65
III-A Parcels 1 acre or over $75 $70
Mowing Parcels with Restricted acres (3 foot openings):
Category Description Up to 3' Over 3'
I-B Parcels up to 1,000 sq. ft. $40 $60
II-B Parcels 1,001 sq. ft to 1 acre $65 $85
III-B Parcels 1 acre or over $125 $145
Agenda Information Sheet
May 2, 2000
Page 2
RECOMMENDATION (CONTINUED):
Trash/Debris Removal:
Category Description Price
PRINICPAL PLACE OF BUSINESS:
Trash/Debris Removal $10 per cu yd
MET Lawncare
Denton, TX
Blagg Lawn Service
Sanger, TX
FISCAL INFORMATION:
Funding will be from 1999/2000 budget funds.
Tandem Landscape
Denton, TX
Smith Landscapes
Ponder, TX
Attachment 1: Tabulation Sheet
1377 AGENDA
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
2: Letter from Smith Landscapes
CITY OF DENTON, TEXAS
MATERIALS MANAGEMENT DIVISION * 90lB TEXAS STREET * DENTON, TEXAS 76201
940.349.7100 · DFW METRO 817.267.0042 * FAX 940.349.7302
April 17, 2000
City of Denton
Attn: Denise Harpool
901 B Texas St.
Denton, TX 76201
Reference: Mowing Contract Bid # 2467
Dear Ms. Harpool:
Per our conversation on April 14, 2000, I will not be accepting the contract for mowing,
Bid # 2467 for Project B. The City of Denton understands that I feel I was not notified
about the award of the contract in a timely manner. The City of Denton will award to the
next low bidder for the contract.
Owner, Smith Landscapes
3323.DOC
ORDINANCE NO.
AN ORDiNANCE AUTHORIZiNG THE WITHDRAWAL OF A BID AND
CANCELLATION OF AN AWARD OF A CONTRACT FROM AND TO SMITH
LANDSCAPES FOR THE ANNUAL CONTRACT FOR MOWING SERVICES;
PROVIDiNG FOR A NEW AWARD TO THE SECOND LOWEST RESPONSIBLE
BIDDER; AND PROVIDiNG AN EFFECTIVE DATE (BID 2467 - ANNUAL
MOWING CONTRACT SECTION B AWARDED TO BLAGG LAWN SERVICE, IN
THE ESTIMATED ANNUAL AMOUNT OF $25,000).
WHEREAS, on March 7, 2000, pursuant to Ordinance No. 2000-081, the City
awarded a contract to Smith Landscapes for miscellaneous mowing services in the
estimated amount of $25,000; and
WHEREAS, thereafter and prior to any work being performed, the City received a
written notification from Smith Landscapes that they are unable to perform the work and
that they be allowed to withdraw;
WHEREAS, the City Manager recommends to the Council that the prior award to
Smith Landscapes be cancelled and that the subject contract be awarded to the second
lowest responsible bidder; Now, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The award of contract to Smith Landscapes pursuant to Ordinance
No. 2000-081 is hereby cancelled and the annual contract for miscellaneous mowing
services to the second lowest bidder, Blagg Lawn Service in the estimated amount of
$25,000 is hereby approved and the expenditure of funds therefore is hereby authorized.
SECTION 2. By the acceptance and approval of the above bids, the City accepts
the offer of the persons submitting the bids for such items and agrees to purchase the
materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. Should the City and persons submitting approved and accepted
items and of the submitted bids wish to enter into a formal written agreement as a result
of the acceptance, approval, and awarding of the bids, the City Manager or his designated
representative is hereby authorized to execute the written contract which shall be attached
hereto; provided that the written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained in the Bid Proposal and
related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in
D:WEMP\gwprint\CHANGE ORDER ORDINANCE ID 2467-MOWING SERVICE.doc
Page 1
the amount and-in accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION 5. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of
~2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
D:~TEMP\gwprint\CHANGE ORDER ORDINANCE ID 2467-MOWING SERVICE.doc
Page 2
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Materials Management
Agenda I'~em / ~
Date 1 /00
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
Kathy DuBose, Fiscal and Municipal Services~'k'~
SUBJECT:
An Ordinance authorizing the City Manager to execute an Interlocal Agreement with the City of
Coppell relating to participation in the City of Denton contract which provides for the purchase
of office supplies and similar material; and declaring an effective date (File 2502 - Interlocal
Agreement with City of Coppell).
INTERLOCAL AGREEMENT INFORMATION:
The City of Coppell wishes to enter into this Interlocal Agreement to authorize participation in
the City of Denton contract for the purchase of office supplies and similar material. The
Interlocal Cooperative Act., Chapter 791 of the Texas Government Code, grants cities the
authority to enter into Interlocal Agreements. Each entity shall act independently regarding
actual purchases.
RECOMMENDATION:
We recommend approval of the Interlocal Agreement between the City of Denton and the City of
Coppell.
ESTIMATED SCHEDULE OF PROJECT:
This agreement is effective upon approval by the City Council and will remain in effect until
terminated by either party. ~
PRIOR ACTION/REVIEW:
The City of Coppell approved the Interlocal Agreement on April 12, 2000.
FISCAL INFORMATION:
None
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Interlocal Agreement from City of Coppell
1376 AGENDA
ATTACHMENT 1
INTERLOCAL AGREEMENT
BETWEEN CITY OF COPPELL AND CITY OF DENTON, TEXAS
This agreement is made this day of , 2000, between the City
of Coppell, Texas and the City of Denton, Texas, both acting through their duly
authorized agents:
WHEREAS, the contract is made as permitted under the authority of Chapter 271
V.T.C.A., Local Government Code, Cooperative Purchasing Program and Sections
791.001-791.029 of the Texas Government Code. The Cities of Coppell and
Denton wish to enter into this Interlocal Agreement to set forth the terms and
conditions upon which the Cities of Coppell and Denton may purchase various
goods and services commonly utilized by both entities; and
NOW, THEREFORE, in consideration of the foregoing and the mutual promises,
covenants and obligations as set forth herein, the Cities of Coppell and Denton
agree as follows:
WITNESSETH:
1. The Cities of Coppell and Denton will work cooperatively to provide a program
for the purchase of various goods and services commonly utilized by both
Cities (the Cooperative Purchasing Program), and under such Program may
purchase goods and services from vendors under present and future contracts
with either or both entities.
2. The Cities of Coppell and Denton may enter into individual contracts with
vendors under the Cooperative Purchasing Program provided for under this
Agreement. The Cities shall be individually responsible for payment directly to
the vendor and for the vendor's compliance with all conditions of delivery and
quality of purchased items under such individual contracts.
3. The term of this Agreement shall become effective on the date of execution
and continue in full force and effect thereafter until terminated by either party
on thirty (30) days written notice'to the other P~rty.
EXECUTED by the parties hereto on the day and year first above written:
By
Title
Date
City of Denton
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF COPPELL RELATING TO
PARTICIPATION IN THE CITY OF DENTON CONTRACT WHICH PROVIDES
FOR THE PURCHASE OF OFFICE SUPPLIES AND SIMILAR MATERIAL; AND
DECLARING AN EFFECTIVE DATE (FILE 2502 - INTERLOCAL AGREEMENT
WITH CITY OF COPPELL).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute the
Interlocal Agreement with the City of Coppell relating to participation in the City of
Denton contract which provides for the purchase of office supplies and similar material, a
copy of such agreement is attached hereto and incorporated by reference.
SECTION II. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of
.,2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
FILE 2502-CITY OF COPPELL - INTERLOCAL ORDINANCE
EXHIBIT A
INTERLOCAL AGREEMENT
BETWEEN CITY OF COPPELL AND CITY OF DENTON, TEXAS
This agreement is made this day of , 2000, between the City
of Coppell, Texas and the City of Denton, Texas, both acting through their duly
authorized agents:
WHEREAS, the contract is made as permitted under the authority of Chapter 271
V.T.C.A., Local Government Code, Cooperative Purchasing Program and Sections
791.001-791.029 of the Texas Government Code. The Cities of Coppell and
Denton wish to enter into this Interlocal Agreement to set forth the terms and
conditions upon which the Cities of Coppell and Denton may purchase various
goods and services commonly utilized by both entities; and
NOW, THEREFORE, in consideration of the foregoing and the mutual promises,
covenants and obligations as set forth herein, the Cities of Coppell and Denton
agree as follows:
WITNESSETH:
1. The Cities of Coppeil and Denton will work cooperatively to provide a program
for the purchase of various goods and services commonly utilized by both
Cities (the Cooperative Purchasing Program), and under such Program may
purchase goods and services from vendors under present and future contracts
with either or both entities.
2. The Cities of Coppell and Denton may enter into individual contracts with
vendors under the Cooperative Purchasing Program provided for under this
Agreement. The Cities shall be indiv.idually responsible for payment directly to
the vendor and for the vendor's compliance with all conditions of delivery and
quality of purchased items under such individual contracts.
3. The term of this Agreement shall become effective on the date of execution
and continue in full force and effect thereafter until terminated by either party
on thirty (30) days written notice to the other p~arty. :
EXECUTED by the parties hereto on the day and year first above written:
//~ Cj~gf Coppell
Date
By
Title
Date
City of Denton
AGENDA DATE:
DEPARTMENT:
AGENDA INFORMATION SHEET
May 2, 2000
Ao~nda
Aoenda Item /~--
Oate
Questions concerning this
acquisition may be directed
Materials Management to Jerry Clark 349-8390
ACM: Kathy DuBose, Fiscal and Municipal Services~>
T
SUBJECT:
An Ordinance accepting competitive bids and awarding a service contract for the construction of
miscellaneous traffic signal installations; providing for the expenditure of funds therefore; and
providing an effective date (Bid 2492 Construction Of Traffic Signals awarded to the single
respondent Durable Specialties, Inc., in the estimated annual amount of $110,000).
BID INFORMATION:
This bid is for the annual contract to supply labor and associated service for construction of
traffic signal installations at various locations in the City of Denton. Included in the bid are
conduit installation, trenching, 36"x12' shaft drilling, pull boxes installation, concrete cabinets
installation, pole and arm erection, cabling and mobilization. The City of Denton will supply all
materials except standard shop supplies.
RECOMMENDATION:
We recommend this contract be awarded to the single respondent Durable Specialties, Inc., as
listed below. Durable Specialties, Inc. has been the only respondent after three bid solicitations.
Prices are inline with the cost of similar construction projects.
PRINICPAL PLACE OF BUSINESS:
Durable Specialties, Inc.
Duncanvill¢, TX
ESTIMATED SCHEDULE OF PROJECT:
This is an annual contract for several projects. Mobilization will be dependent upon the project.
FISCAL INFORMATION:
Funding for these construction projects will be taken ~rom the appropriate Bond or Budget
account.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1378 AGENDA
ATTACHMENT 1
TABULATION SHEET
Bid # 2492 Date: 4111/00
AME: Traffic Signal Construction
Principle Place of Business: Duncanville, TX
500 Lf 3" Bore with PVC Schedule 40 Conduit Under Road $25.00
1
200 Lf 3" Open Trench with PVC Schedule 40 Conduit Across Road $40.00
2
200 Lf 3" Trench with PVC Schedule 40 Conduit for service runs $7.00
3
100 Lf 2" Trench with PVC Schedule 40 Conduit for service runs $6.00
4
30" Drill Shafts x 12" deep with ground rod, cage, concrete
5 8 Ea forms, and 90 degrees PVC Schedule 40 elbow $2,000.00
36" drill shafts x 12" deep with ground rod, cage, concrete
6 4 Ea forms, and 90 degrees PVC schedule 40 elbow $2,200.00
15 Ea Pull Box Installation with I foot concrete apron $600.00
7
15 Ea Pull Box Installation without 1 foot concrete apron $350.00
8
9 3 Ea Concrete cabinet foundation with steps: 50"x24"x6" step,
50"x30"x28 pad $2,000.00
12 Ea Erect Poles with mast arms $750.00
10
12 Ea Pick up poles & mast arms and deliver to job site $300.00
11
3 Ea Locate Existing Utilities Per Project $400.00
12
8 Ea Furnish and Install 40-45' WOod Poles = $700.00
13
8 Ea Concrete Encase Wood Pole $40.00
14
16 Ea Down Guy & Anchor $300.00
15
16 Ea Concrete Encase Anchors $50.00
16
4000 Lf Furnish and Install Span Cable $2.00
17
2000 Lf Furnish and Install 7 Conductor #12 Cable $2.20
18
600 Ea Tiewraps for cable $0.40
19
6 LS Mobilization (Per Project) $700.00
SP-50
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A SERVICE
CONTRACT FOR THE CONSTRUCTION OF MISCELLANEOUS TRAFFIC SIGNAL
INSTALLATIONS; PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2492 - CONSTRUCTION OF TRAFFIC SIGNALS
AWARDED TO THE SINGLE RESPONDENT DURABLE SPECIALTIES, 1NC., IN THE
ESTIMATED ANNUAL AMOUNT OF $110,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2492 ALL Durable Specialties, Inc. Exhibit "A"
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this __ day of
,2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
2492 SUPPLY ORDINANCE - 4-2000
EXHIBIT A
Bid # 2492 Date: 4/11100
AME: Traffic Signal Construction
Principle Place of Business: Duncanville, TX
500 Lf 3" Bore with PVC Schedule 40 Conduit Under Road $25.00
1
200 Lf 3" Open Trench with PVC Schedule 40 Conduit Across Road $40.00
2
200 Lf 3" Trench with PVC Schedule 40 Conduit for service runs $7.00
3
100 Lf 2" Trench with PVC Schedule 40 Conduit for service runs $6.00
4
5 8 Ea 30" Drill Shafts x 12" deep with ground rod, cage, concrete
forms, and 90 degrees PVC Schedule 40 elbow $2,000.00
36" drill shafts x 12" deep with ground rod, cage, concrete
6 4 Ea $2,200.00
forms, and 90 degrees PVC schedule 40 elbow
15 Ea Pull Box Installation with 1 foot concrete apron $600.00
7
15 Ea Pull Box Installation without 1 foot concrete apron $350.00
8
9 3 Ea Concrete cabinet foundation with steps: 50"x24"x6" step,
50"x30"x28 pad $2,000.00
12 Ea Erect Poles with mast arms $750.00
10
12 Ea Pick up poles & mast arms and deliver to job site $300.00
11
3 Ea Locate Existing Utilities Per Project $400.00
12
8 Ea Furnish and Install 40-45' Wood Poles $700.00
13
8 Ea Concrete Encase Wood Pole $40.00
14
16 Ea Down Guy & Anchor $300.00
15
16 Ea Concrete Encase Anchors $50.00
16
4000 Lf Furnish and Install Span Cable $2.00
17
2000 Lf Furnish and Install 7 Conductor #12 Cable $2.20
18
'19 600 Ea Tiewraps for cable $0.40
6 LS Mobilization (Per Project) $700.00
SP-50
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Materials Management
Kathy DuBose, Fiscal and Municipal Services~'~
Agendaltem,. F/~ ....
Date ~-/,~/'/'~('~ .
/ ~'
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
SUBJECT:
An Ordinance accepting competitive bids and awarding an annual contract for the sale of scrap
transformers; and providing and effective date (Bid 2493 - Sale of Scrape Transformers awarded
to Sesco, Inc.).
BID INFORMATION:
This bid is for the sale of scrap electric distribution transformers. The transformers being sold are
obsolete to the current system or have been determined to not be economical for repair. The units
are purchased for salvage of scrap or rebuilding for overseas sale.
RECOMMENDATION:
We recommend this bid be awarded to the highest bidder, Sesco Inc., in the mount of $1.25 per
KVA.
PRINICPAL PLACE OF BUSINESS:
Sesco, Inc.
San Angelo, TX
ESTIMATED SCHEDULE OF PROJECT:
The successful bidder will pickup scrap transformers within 10 days notification by Denton
Municipal Electric (DME).
FISCAL INFORMATION:
Funds generated from the sale of the scrap transformers will be credited to DME sale of scrap
account (610-000-4560-6707),
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1379 AGENDA
ATTACHMENT 1
TABULATION SHEET
Bid # 2493 Date: 4/11/00
SALE OF SCRAP TRANSFORMERS ANNUAL BID
DESCRi:PT~N VENDOR i ~ENDOR ~ENDOR
No Q~, VENDOR
:: ..~1..:..: ..:._. ~:..........~ .~ .:.........:... ~:..............:..:.......~ ~.:..=.~:...:.........:...~:...:..~. <..
Principle Place of Business: Solomon, KS San Antonio, TX Tankawa, OK San Angelo, TX
Annual Scrap Transformers per KVA $0.86 $1.03 $0.70 $1.25
Firm for 1 Year
1
Approx. Scrap Transformers per KVA
NB $1.03 $0.65 NB
4350 one time only
2
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE SALE OF SCRAP TRANSFORMERS; AND PROVIDING AND
EFFECTIVE DATE (BID 2493 - SALE OF SCRAP TRANSFORMERS AWARDED TO SESCO,
INC.).
WHEREAS, the City has solicited, received and tabulated competitive bids for the sale of
materials, equipment, supplies or services in accordance with the procedures of STATE law and City
ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the highest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the receipt of funds from
the sale of the materials, equipment, supplies or services approved and accepted herein; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the highest responsible bids for such
items:
BID ITEM
NUMBER NO VENDOR AMOUNT
2493 ALL Sesco, Inc. Exhibit "A".
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to sell the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this __ day of
,2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
2493 SUPPLY ORDINANCE - 4-2000
EXHIBIT "A"
Bid # 249.3
SALE OF SCRAP TRANSFORMERS ANNUAL BID
Principle Place of Business: San Angelo, TX
Annual Scrap Transformers per KVA $1.25
Firm for 1 Year
1
Approx. Scrap Transformers per KVA NB
2 4350 onetime only
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Materials Management
Agendano._
Agenda Item ,/'~
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
Kathy DuBose, Fiscal and Municipal Services~
SUBJECT:
An Ordinance accepting competitive bids and awarding a annual contract for the supply of Lime
and Aggregate, providing for the expenditure of funds therefor; and providing an effective date
(Bid 2494 - Lime and Aggregate awarded as listed below).
BID INFORMATION:
This bid is for the annual supply of lime and aggregate. These materials are ordered on an as
needed basis and utilized by various departments in maintenance and new construction of streets,
utility lines, street cuts and backfilling operations.
RECOMMENDATION:
We recommend this bid be awarded to the lowest responsible bidder meeting specifications as
listed below:
DESCRIPTION
SUPPLIER PRICE
Section I Aggregate:
Field Sand Backfill
Pit Sand (Concrete)
Manufactured Sand for Concrete
Concrete Aggregate 3A"- #4
Concrete Aggregate 3/8" Down
Type A Flex Base
Crushed Stone #6-30
Screened Sand
Rock, Washed 1 ½"
Limestone Rip Rap 4"- 8"
B & B Sand $ 5.25 / Cu Yd
Hanson Aggregate $11.52 / Tn
Hanson Aggregate. ~ $ 9.00 / Tn
Hanson Aggregate $10.75 / Tn
Hanson Aggregate $11.52 / Tn
Denton Sand $10.75 / Tn
Hanson Aggregate $ 9.00 / Tn
B&B Sand $ 5.50/CuYd
Denton Sand $12.30 / Tn
Hanson Aggregate $11.75 / Tn
Section II Lime:
Bulk Type A Hydrated Lime
Bulk Type B Slurry Lime
Chemical Lime
Chemical Lime
$83.00 / Tn
$96.75 / Tn
Agenda Information Sheet
May 2, 2000
Page 2
PRINICPAL PLACE OF BUSINESS:
(See attached Tabulation Sheet for Place of Business)
ESTIMATED SCHEDULE OF PROJECT:
Delivery for each item is estimated to be from 1 to 3 days after receipt of an order.
FISCAL INFORMATION:
Funding for each individual order will come from the appropriate fiscal budget or bond fund
account.
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1380 AGENDA
ATTACHMENT 1
TABULATION SHEET
Bid # 2494 Date: 04/11/00
CEMENT, LIME, AND AGGREGATE ANNUAL BID
DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR
Chemical
Lime Co. Denton Sand Frank Barrel B & B Sand Hanson
Trans Co. Aggregate
.. Pr! n ~!?!.~..!~.!~a.(~..?~:....B?s!?ess: ...... ~.~!L~...............I~[~.,...?~.........~.?.[?',. ~'5... A~'~:.~'5..... Da?las;. ?(.
~:~:~:~:~$E:¢~:~.N:~:~:AG~EGA~E+:~:.~:~:.:.:~:~:.:~:.:~:~:~:~:.:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:.:~:~:.:~:~:~:.:.:~:.:.:.:~:.:.:~::::~:.:~::~:~.::~:~:::::~:~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Field Sand - Backfill NB $5.95/Yd $5.60/Tn $5.25/Tn NB
Pit Sand (Concrete) NB $11.95/Tn NB NB $11.52/Tn
Manufacturered Sand for
NB $10.50/Tn NB NB $9.00/Tn
Concrete Mixture
Concrete Aggregate Class A, 3~4"
- #4 Rock (Rewashed and NB $12.30/Tn NB NB $10.75/Tn
Screened)
Concrete Aggregate 3~8" Down
NB $12.30/Tn NB NB $11.52/Tn
Rock
Type A Grade 1 Flexible Base NB $10.75/Tn NB NB NB
Crushed Stone #6-20(For ice &
NB $13.30/Tn NB NB $9.00/Tn
snow control of City streets)
Screened Sand NB $6.95/Yd $6.00/Tn $5.50/Tn $13.85/Tn
I 1/2" Rock, Limestone (washed ~
screened) NB $12.30/Tn NB. NB NB
4"- 8" Rip Rap Limestone NB $12.95/Tn NB NB $11.75/Tn
Bulk Type A Hydrate Lime $83.00/Tn NB NB NB NB
Bulk Type B Slurry Lime $96.75/Tn NB NB NB NB
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A ANNUAL
CONTRACT FOR THE SUPPLY OF LIME AND AGGREGATE, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
2494 - LIME AND AGGREGATE AWARDED AS LISTED BELOW).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID
NUMBER VENDOR AMOUNT
2494 B & B Sand _ Exhibit A
2494 Hanson Aggregate Exhibit A
2494 Denton Sand Exhibit A
2494 Chemical Lime Exhibit A
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of
,2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
2494 SUPPLY. ORDINANCE 2000
EXHIBIT A
Bid # 2494 Date: 04/11/00
CEMENT, LIME, AND AGGREGATE ANNUAL BID
DESCRIPTION : VENDOR I VENDOR VENDOR VENDOR
Chemical Hanson
Lime Co. Denton Sand B & B Sand
Co. Aggregate
Principle Place of Business: Hurst, TX Krum, TX Aubrey,TX Dallas, TX
Field Sand - Backfill $5.25/Tn
Pit Sand (Concrete) $11.52/Tn
Manufacturered Sand for Concrete
Mixture $9.00fTn
Concrete Aggregate Class A, 3/4" -
#4 Rock (Rewashed and Screened) $10.75/Tn
Concrete Aggregate 3/8" Down
Rock $11.52/Tn
Type A Grade 1 Flexible Base $10.75/Tn
Crushed Stone #6-20(For ice & $9.00/Tn
snow control of City streets)
Screened Sand $5.50/Tn
1 1/2" Rock, Limestone (washed $12.30/Tn
screened)
4"- 8" Rip Rap Limestone $11.75/Tn
Bulk Type A Hydrate Lime $83.00/Tn
Bulk Type B Slurry Lime $96.75/Tn
Agenda Item
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
May 2, 2000: -~
Utilities Administration
Howard Martin, 349-8232
SUBJECT:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS FOR THE LAKE RAY
ROBERTS GROWTH MANAGEMENT PLAN; AUTHORIZING THE CITY MANAGER TO
EXPEND FUNDS AS REQUIRED BY SUCH AGREEMENT, AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND:
Because of Lake Ray Roberts' ("Lake") importance as a water supply for the Cities of Denton
and Dallas ("Cities"), the Cities began discussing the need for a Growth Management Plan for
Lake Ray Roberts over a year ago. Problems in terms of excessive boat traffic and related
pollutant problems at Lake Lewisville heightened the Cities' desire to protect the water quality of
Lake Ray Roberts in the face of certain growth. By determining existing water quality
conditions and estimating the impacts on the reservoir from future development, the Cities hope
to develop a Growth Management Plan that will avoid the problems experienced at Lake
Lewisville and other metroplex lakes.
As you may recall, the U.S. Army Corps of Engineers completed the Programmatic
Environmental Assessment (PEA) for Lake Lewisville this past fall. Because of the lack of
environmental data and analyses, the City of Denton did not endorse the PEA. Despite
objections raised by both the Cities of Denton and Dallas, especially in relation to MTBE
concerns and further marina development on Lake Lewisville, the Corps did not alter any of its
recommendations. Currently, two proposals for additional marinas for Lake Lewisville are
pending. These applications, combined with the recent MTBE contamination in Lake Tawakoni,
have significantly increased the public's concern for water quality.
Given the extensive growth projected for the area around Lake Ray Roberts, the Cities recognize
the need to establish water quality criteria and development controls for the Lake before
development negatively impacts water quality. By establishing criteria before excessive
development occurs, the Cities hope to avoid a Lake Lewisville scenario.
After extensive negotiations with Dunkin Sims Stoffels, the Cities believe the proposed contract
will produce the necessary information to develop a successful Growth Management Plan for the
Lake. The firm is composed of an impressive multi-disciplinary team that includes, among
others, Alan Plummer Associates, Inc. and Terry Morgan, an attomey specializing in land use
issues. Both of these members of the team have worked extensively for Denton in the past.
Dunkin Sims Stoffels, Inc.'s experience is sound: the firm developed the Ray Hubbard
Development Plan, Hood County Strategic Plan (growth management plan around Lake
Granbury), and numerous water quality studies and modeling for area lakes.
The study for Lake Ray Roberts includes extensive data collection and analysis of existing
information: topography, vegetation analysis, utility facilities and easements, soil data,
hydrology, existing land use inventory, zoning ordinances (including septic tank and on-site
sewage regulations), existing thoroughfares and lake access points, existing recreational
facilities, Denton's Comprehensive Plan and other long-term plans (especially pertaining to
water supplies), Texas Parks and Wildlife Department's (TPWD) parks and facilities, the U.S.
Army Corps of Engineers' (Corps) current design and operations for Lake Ray Roberts, and
lease agreements between all relevant parties. The study will also look at lake fluctuations,
discharges from the lake, water basin identification and land use, and sedimentation analysis.
Environmental considerations will include compilation of existing water quality data, additional
water testing for specific concerns (MTBEs, for example), and field sampling and laboratory
analysis. At a minimum, any water quality concerns associated with nutrients, algae, organics,
bacteria, sediment, and toxic substances will be addressed. In addition to water quality testing,
wildlife habitats, preserves, and wetland areas will be considered. The study will then identify
future growth trends and the impact of that growth on the water quality of Lake Ray Roberts.
Lastly, the consultant will draft a Land Use Plan based on the findings of the study. The Plan
will include methods of preserving environmentally sensitive areas, identifying recreation,
residential, and commercial business opportunities, and identifying future thoroughfares. Once
the Land Use Plan is completed, a comprehensive Growth Management Plan will be developed,.
The Plan will include recommendations for water quality and quantity, land use, implementation
policy and/or ordinances, environmental and wildlife protection, infrastructure guidelines, lake
fluctuation, lake operation, and compliance options for state and federal regulations with an
emphases on the new Stormwater II Regulations. The Growth Management Plan will become the
guideline for future development activities around the Lake.
RECOMMENDATION:
Staff recommends approval of the Dunkin Sims Stoffel contract for development of a Growth
Management Plan for Lake Ray Roberts.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
This agenda item was presented to the Public Utilities Board at their April 17, 2000 meeting.
This item was also presented to City Council at their April 25,200 work session meeting.
ESTIMATED SCHEDULE OF PROJECT:
The study is scheduled for Denton City Council approval May 2nd and for Dallas City Council
approval May 10th. The study will take approximately one year to complete.
FISCAL INFORMATION:
The total cost of the study is $546,495. Denton's share is $142,089, or 26% of the entire cost.
(The 26% reflect Denton's water right share in Lake Pay Roberts.) Funds for this project are
available from the water utility budget.
Exhibit I Ordinance
Exhibit II Contract
Respectfully submitted:
lie Smith
nvironmental Compliance Manager
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS FOR THE LAKE RAy
ROBERTS GROWTH MANAGEMENT PLAN; AUTHORIZING THE CITY MANAGER TO
EXPEND FUNDS AS REQUIRED BY SUCH AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has previously authorized and the City has entered into a
Park Management Agreement with the Texas Parks and Wildlife Department and the City of
Dallas, Texas .which - among other things - requires the preparation of a Growth Management
Plan for Lake Ray Roberts; and
WHEREAS, the cities will jointly hire a consultant to prepare the Growth Management
Plan at a cost not to exceed $546,495 with Denton's share of the cost being 26%; and
WHEREAS, the City Council deems it in the public interest for the City of Denton to
participate with the City of Dallas in preparing the Growth Management Plan for Lake Ray
Roberts; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is authorized to execute the attached Interlocal
Agreement Lake Ray Roberts Growth Management Plan which is made a part of this ordinance
for all purposes, with the City of Dallas, Texas, to provide for a Growth Management Plan for
Lake Ray Roberts.
SECTION 2. That the City Manager, and his designee, are authorized to expend the
funds and to take the actions as set forth in the attached Interlocal Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of
,2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: //7c~_~ .....
Page 2 of 2
INTERLOCAL AGREEMENT
LAKE RAY ROBERTS GROWTH MANAGEMENT PLAN
STATE OF TEXAS §
COUNTY OF DALLAS §' .
This Interlocal Agreement (hereinafter called "Agreement"), made pursuant.to
Chapter 791, Texas Government Co. de, as amended, is entered into by and between t~he
City of Dallas,,~ Texa,,s. municipal corporation, of Dallas County, Texas, (hereinafter
referred to as Dallas ) and the City of Denton, a Texas municipal corporation, of
Denton County, Texas (hereinafter called Dento ).
WHEREAS, this Agreement involves governmental functions that each party
individually can perf6rm; and
WHEREAS, any amount paid by ,ei,~,her p.a. rty for the services to. be.perforff~ed i?d~vOinb~e
made from current revenues availame to it ano tairly compensates me party recelv $
such payment for the services and functions performed by it.
In consideration of the mutual pr?zdses, covenants and conditions contained in
this Agreement, Dallas and Denton agree to the following:
(1) The purpose of this Agreement is to state the terms and conditions under which
Denton shall assist in ~,reparing the Growth Management Plan for Lake Ray Roberts
(hereinafter called the' Growth Management p. lan"): ~l~h,e Growt.h Ma, nagem.?nt P!,an,.w'_fll-
address and formulate water quality, recreation, aevetopment ano growm__gmae~mes
for Lake Ray Roberts (.h, ereinafter called "the lake") and adjacent areas. 'i've parties
agree that the consultant s scope of work for the Growth Management Plan is described
in Exhibit A, which is attached to and made a part of this Agreement.
(2) The Environmental Compliance Manager (hereinafter referred to as "Manager"),
shall be responsible for the general admi~_,istration of this Agreement, and sha~ll be
responsible for the administration of Denton s responsibilities under this Agreement.
(3) Dallas agrees to award and administer, in consultation with Denton, a contract
with the consultant to .perform the Growth Management Plan development. Dallas, an.,d,
Denton both acknowledge their participation in thh consultant selection process ana win
mutually agree upon the consultant tobe selected. Dallas agrees that it will timely make
payments in accordance with the terms and conditions of the consultant contract and.
shall be responsible for enforcement of consultant contractprovisions. The total
amount of ttie consultant contract to be awarded shall not exceed $546,495.00 (this sum
does not include the portion of the contract in which Dallas will utilize the consultant to
perfotfo work in connection with Lake Ray Hubbard; Dallas agrees that it is wholly
responsible to provide funding for Lake Ray Hubbard work).
Z After award of t.h.e consultant contract, Denton agrees to provide Dallas with
ding, each month during t_he term of the. consultant con?, act, to rei . b S.eop l,
Denton's share of the consultant contract expensest in the amount or zo ~o ~,, ~
Lake Ray Roberts - Interlocal Agreement
monthly invoice submitted by the consultant. The 26% amount represents Denton's
share of the consultant contract costs (which share shall not exceed $142,089). Denton
shall submit each payment to Dallas within 20 days after Denton's receipt of a copy of
the consultant's invoice as provided by Dallas. Submission by Dallas of the consultant's
invoices to Denton shall constitute its assurance that the consultant has satisfactoril~
performed the s. ervices covered by the invoice in accordance with the consultant s
contract. Dallas share of the' consultant contract cost (not including the Lake Ray
Hubbard work) will be 74%.
(5) The scope of work for development of the Growth Management Plan may be
increased only by mutual agreement of Dallas and Denton. If additional funding is
needed beca~lse one of the parties desires to increase the scope of work to address
~oeCific concerns of that party related to the Growth Management Plan or L. ake Ray
berts, or otherwise perform ~vork solely for the benefit of thatparty, the party
requesting the increase in scope of work shall pay 100% of the additional cost. If
ad~litionalfunding is needed for any other reason, and both Dallas and Denton agree
that additional furiding is necessa~, Dallas and Denton agree to share in the ad.ditiona!
costs as follows: Dallas - 74% of the total additional cost; Denton - 26% of the total
additional cost. Denton shall provide such funding within twenty (20) days after receipt
of a copy of the consultant invoice as provided by Dallas. Changes to the Agreement
requiring an increase in funding from eit. herparty shall be made only pursuant to
supplemental agreement approved by the City Councils of Dallas and Denton.
(6) The term of this Agreement shall begin on the date. of its execution, and end
upon final approval by Dallas and Denton of the consultant s work and final payment
of the consultant by Dallas. .
(7) To the extent infota-tation developed by the consultant developing the Growth
Management Plan can be kept confidential under Texas law, reports, information,
project evaluation, data or any other documentation developed by, given to, prepared
by or assembled by the consultant developing the Growth Management Plan shall not
be disclosed or made available by either party to any individual or organiZation (other
than the Corps of Engineers or the State of Texas Parks and Wildlife Deparhi-~ent)
without the ex, pressed prior written approval of the Other party. If a party is required to
disclose this ~nformation as the result of a request made under the Texas Public
Infom-mtion Act (Chapter 552 of the Government Code), such disclosure shall not
constitute a breach of this agreement.
(8) The work product deliverables and related documents of the Growth
Management Plan consultant shall be considered joint property of both Dallas and
Denton. The consultant shall deliver all documents to Dallas. Denton, however, shall
receive from Dallas without charge, copies of any and all of the work product
deliverables and related documents received from the Growth Management Plan
consultant within ten (10) days of Dallas receiving said documents. Any response
required to requests for infoi'mation make pursuant to the Texas Public Ihformation
Act or the Federal Information Act shah be tiie responsibility of Dallas.
(9) Either party may terminate this Agreement for convenience upon sixty (60) days
advance written notice to the other party, with the understanding that aH services being
perforated under the consultant contract for the Growth Management Pla'n shall also be
terminated by the date specified in such notice. To the extent that the Growth
Management Plan consultant is owed compensation, Dallas may use available funding,
Lake Ray Roberts- Interlocal Agreement
2
including that contributed by Denton, to pay the consultant, for services, satisfactorily
rendered-in accordance with the te~a-~s of th~ consultant s contract prior to the date of
termination.
(10) All notices, communications, and reports required' or permitted under this
Agreement shall be personally delivered or mailed to the respective parties by
depositing same in the United States mail, postage p. repaid, at the addresses shown
beIow, unless and until either party is otherwise notified in writing by the other party
at, the following addresses. Mailed notices shall be deemed communicated as of five
days after mailing.
:If intended for Dallas, to:
Terrace Stewart
Director, Dallas Water Utilities
City of Dallas
City Hall - Room 4/a/North
1500 Marilla Street
Dallas, Texas 75201
If intended for Denton, to:
Julie Smith
Environmental Compliance Manager
City of Denton
215 E. Mc_Kinney Street
Denton, Texas 76201
(11) This Agreement is made subject to the provisions of the Charters and ordinances
of Dallas and Denton, as amended, and all app3icable State and Federal laws.
(12) This Agreement shall be governed by and construed in accordance with the laws
and court decisions of the State of Texas.
(13) In case any one of more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegaI, or unenforceable in any respect, such invalidity,
illegality, or unenforceabili~ shall not affect any other provisfon thereof and this
Agreement shall be considered as if such invalid, illegal, or unenforceable provision had
never been contained in this Agreement.
(14) This Agreement may be executed in any number of counterparts, each of which
shall be deemed an originaland constitute one and the same instrument.
(15) This Agreement embodies the complete agreement of the parties hereto,
superseding ail oral and written previous and contemporary agreements between the
pai'ties relating to matters in this Agreement and cannot be modified, except as .may
otherwise provided in this Agreement, without written supplemental agreement ot the
parties to be attached to and made a part of this Agreement.
(16) When completed, a true, complete and correct copy of the Growth Management
Plan will be attac~hed to and made a part of that certain Park Management Contract
Lake Ray Rol:~-ts- Interloca] Agl~eement
3
between Texas Parks and Wildlife Department and the Cities of Dallas and Denton,
Texas, as supplemented.
EXECUTED this the ~ day of ., 2000, by Dallas, signing by and through its
City Mana er, duly authorized, to execute same by Resolution No.m.__, adopted by
the City ~g~uncil on ,2000, and by Denton signing by and through its Cit~
Manager, duly authorized to execute same by Resolution No. , adopted by the
City Council on ,2000.
APPROVED AS TO FORM:
MADELEINE B. JOHNSON
City Attm:ney
CITY OF DALLAS
TEODORO J. BENAVIDES
City Manager
BY
Assistant City Attornev
AP?ROVED AS TO FORM:
BY
City Manager
CITY OF DENTON
MICHAEL w. JEZ
City Manager
BY
Assistant City Attorney
BY
City Manager
Lake Ray Roberts - lnterlocal Agreement
4
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Planning Department
David Hill, 349-8314
Agenda No. ~
Agenda Item
Date ,5'-~
SUBJECT - Z-00-03: (RNWAddition)
Hold a public to consider rezoning approximately 8.3 acres, commonly known as RNW Addition
from a Planned Development (PD-16) zoning district to Conditioned Neighborhood Service (NS)
zoning district. The property is located at the southwest coruer of Teasley Lane and Teasley
Lane. The Planning and Zoning Commission's motion to recommend approval failed (2-5),
which has the effect of being a recommendation for denial.
BACKGROUND
The request is to rezone this property to bring the subject property in compliance with the
comprehensive plan.
The subject property is located in a Planned Development (PD-16) zoning district created in
1988. (See property history below)
The proposed development is consistent with the Comprehensive Plan. (see Attachment 1 -
Comprehensive Plan Analysis section).
Notice of the zoning request was published in the Denton Record-Chronicle on Sunday,
February 27, 2000. Eleven (11) property owners within two hundred feet were mailed legal
notices and Eight-two (82) residents within five hundred feet were sent courtesy notices
informing them of the request (see Enclosure 4). As of this writing, there has been two (2)
responses (see Attachment 1) opposed to the request. One of those is the property which will
require a super majority vote (6-1) by City Council to approve the zoning request.
Two neighborhood meetings have been held for this request. Staff was invited to a
neighborhood meeting on March 20, 2000 and a city-sponsored meeting was held on April
10, 2000. (See Attachment 3 for discussion items)
PRIOR ACTION/REVIEW
The following is a chronology of development requests related to the subject property.
October 16, 1973 - The subject property was annexed into the City of Denton and placed in the
Single Family Dwelling (SF-10) zoning district and land use classification by Ordinance 73-27.
The property was intended to be zoned PD, but was erroneously zoned SF-10 by the wording of
the ordinance.
December 18, 1988 - The subject property's erroneous zoning was corrected by Ordinance 88-
205. The subject property was legally rezoned from Single Family Dwelling (SF-10) to Planned
Development 16 (PD-16).
January 22, 1991 - A Detailed Plan for the subject property was approved by Ordinance 91-
007.
November 10, 1999 - A Detailed Plan for the subject property was denied by the Planning and
Zoning Commission.
February 8tn, 2000 - City Council instructs staffto initiate a rezoning petition for the property
March 8, 2000 - The Planning and Zoning Commissions continues the public hearing to March
22, 2000.
March 22, 2000 - The Planning and Zoning Commissions motion to recommend approval failed
(2-5).
A Preliminary Plat has been reviewed by DRC and will be placed on a P&Z agenda when a
Traffic Impact Analysis is submitted and approved..
ESTIMATED PROJECT SCHEDULE
A preliminary plat for the subject property was approved on April 26, 2000. A final plat is
required prior to development. If the zoning of the site is approved as recommended, a project
plan will be required prior to development.
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
As a form of infill development, no extension of public infrastructure is necessary to service this
site.
P&Z SUGGESTED RECOMMENDATION
The Planning and Zoning Commissions motion to recommend approval failed (2-5).
STAFF SUGGESTED CONDITIONS:
1. The entire 8.3-acre tract should be rezoned to NS(c), Neighborhood Services.
2. Maximum building gross floor area shall be 86,200 square feet, with no individual structure
to exceed 80,200 square feet. Total gross floor area devoted to professional and
administrative offices shall be no less than 40,000 square feet. No individual business shall
exceed 4,000 square feet of gross floor area, except professional and administrative offices,
which may not exceed 10,000 square feet per individual business.
3. Architectural standards include the following:
a. Maximum building height shall not exceed two (2) stories.
b. All buildings shall have no less than a 6/12 roof pitch and composition shingles.
c. Exterior building material shall be 100% brick or masonry.
o
Land uses shall be limited to the following:
a. Art Gallery or Museum
b. Church Or Rectory
c. Community Center (Public)
d. Institution Of Religious Or Philanthropic Nature
e. Park, Playground Or Public Community Center
f. Swimming Pool (Private)
g. Telephone, Business Office
h. Park Or Playground (Public)
i. Antique Shop (with a Specific Use Permit)
j. Bakery Or Confectionery Shop (Retail)
k. Cleaning And Pressing Small Shop And Pickup
1. Custom Personal Service Shop
m. Drapery, Needlework Or Weaving Shop
n. Florist Or Garden Shop
o. Handicraft Shop
p. Laundry Or Cleaning, Self Service
q. Offices, Professional & Administrative
r. Restaurant (with a Specific Use Permit)
s. Retail Stores & Shops 4,000 Square Feet Or Less
t. Studio For Photographer, Musician, Artist Or Health
5. The sale of alcohol, tobacco and firearms is prohibited. Video arcades, tattoo parlors, head
shops, or land uses employing outdoor speakers are also prohibited.
6. No retail uses shall be open to the public from 10PM to 7AM.
7. A continuous 50-feet wide bufferyard along the entire length of the western site boundary
shall be maintained at all times. A masonry screening wall shall be constructed along the
easternmost edge of the bufferyard, at a height of 8 feet above finished grade. The design
and materials used for the screening wall, and the landscape plan, which shall include
evergreen trees and shrubs installed on the west side of the screening wall, shall be provided
and approved as part of the required Project Plan.
8. Any service delivery areas shall be screened from public rights-of-way. Storage areas shall
be contained within buildings.
9. A maximum of three curb cuts shall be allowed in accordance with City of Denton
subdivision regulations; one on the north boundary, one on the east boundary, and one on the
south boundary connecting to the existing access easement. If the west boundary curb cut is
installed, access restrictions shall be established to prevent traffic circulation into the school
property to the west.
10. No pole signs shall be allowed.
1 1. NotwlthstandlnS the conditions cited abov% the standards for Project Plan approval~ as per
Ordinance No. 2000-069, shall be satisfied prior to building permit issuance. The project
plan shall also address pedestrian access and safety adjacent to and through the project site,
signage, lighting, parking lot screening, location of service areas, loading areas, and
dumpsters in relation to the adjacent school and vehicular access to the site.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
ATTACHMENTS
1. Planning and Zoning Commission Report, March 22 & 8, 2000, Z-00-03.
2. Planning and Zoning Commission minutes from March 8 & 22, 2000.
3. Neighborhood Meetings
4. Draft Ordinance.
Respectfully submitted:~,~
Douglas S.IPowell, ~
Director of Planning and Development
Prepared by:
L~/Reichhart
Assistant Planning Director
~ Agendaltem ~: ~o' ,,,~
ru=. ~ -,,t~- ('~.
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM.'
SUBJECT:
DATE:
CC:
PLANNING AND ZONING COMMISSION
LARRY REICHHART, ASSISTANT PLANNING DIRECTOR
Z-00-005 (RN~ ADDITION, ZONING)
MARCH 14, 2000
FIlE
The March 8, 2000 Public Hearing for the RNW Addition re-zoning (Z-00-003) was continued to
March 22, 2000 to allow interested parties time to review the staffs recommendations and associated
Neighborhood Service (NS) zoning for the subject property. As of the date of this memo, no
parties have contacted the Planning Department with questions, concerns or comments.
The March 82 P&Z Staff Report is enclosed.
City of Denton, pl=nn;ng and Development
~21N. Elm, Denton, Texas 76201
· ~ ,~ w.cityofdenton.com
(940) 349-8350 fmc (940) 349-7707
Agenda No,
PLANNING AND ZONING COMMISSION
Date
STAFF REPORT
Subject: RNW Addition
Staff: Larry Reichhart
Case Number: Z-00-003
Agenda Date:' March 8, 2000
Hold a public hearing and consider making a recommendation to City Council regarding the
rezoning of 8,3 acres from Planned Development (PD-16) zoning district to Neighborhood
Services (NS) zoning district. The site is located at the southwest corner of Teasley and Teasley
Lane. (This project was advertised for Office (0) and Neighborhood Service (NS) zoning.
Neighborhood Service zoning allows for office uses, therefore only NS zoning is being proposed.)
Golden Triangle
SITE
Denton State school
LOCATION MAP
Location: Southwest corner of Teasley Lane and Teasley Lane
Size: Approximately 8,3 acres
Rlename
Applicant: The City of Denton Owner:
215 E. McKinney
Denton, TX 76201
Alexander Management Co.
4811 Bluffview .
Dallas, TX 75209
The RNW Addition is an undeveloped 8.3 acre site included within the boundaries of the 11.2 acre
PD-16 site, located on the southwest corner of Teasley and Teasley. On February 8~, 2000, the City
Council instructed staff to initiate a rezoning petition for the property. A PD Detailed Plan was
approved for the property on January 22nd, 1991 (Ordinance No. 91-007), showing an 80,200 square
foot retail structure and a 6,000 square feet retail structure on a corner pad site. The approved PD
Detailed Plan is incompatible with the 1999 Comprehensive Plan, which designates the RNW Addition
site as located within a "Existing Residential/Infill Compatibility"" area. (See Enclosure 2). The type
of uses allowed within this district are similar to those identified in the "Neighborhood Centers" area,
with heightened awareness and attention to compatibility with existing development.
Planning staff has been advised that the building sizes (86,200 SF) shown on the approved 1991
Detailed Plan should remain intact during the rezoning, due to protection under Chapter 245 of Local
Government Code. Given the required building sizes, comprehensive plan designation, compatibility
issues and existing zoning districts, the Neighborhood Service district best accommodates all these
~sues.
The Comprehensive Plan idenUfies ~his area to be wEhin ~he ExisUng Residential / Infill
¢ompaUbilib/district. "New development should respond ~o exisUng development wi~h compaUble
land uses, patterns, and design s~andards." With proper compatibilib/s~andards, staff finds tha~
~his reques~ could be consis~en~ wi~h the Comprehensive Plan.
Transportation
A. Trip generation
Neighborhood Service zoning allows for a mix of uses including retail and office. To determine
the impact of the proposed rezoning, staff assummed that 46,200 SF would be developed as
general retail, and 40,000 SF would be developed for office space. The proposed
development, if rezoned, would generate approximately 2,494 trips per day if built out as retail
and office (see Table 1 ). This is 2,786 fewer trips (47%+) than would be generated' with 86,200
SF of commercial development.
Filename
Table I. Proposed Land Use Trip Generation
Land Use Average Trip Maximum Total Daily
Generation Buildout Trip
Generation
Proposed Use General Retail 41 trips/dab/I,000 sf 46,200 sf 1,894
O~ce 15 trips/dab/I,000 sf 40,000 sf 600
Total 86,200 sf 2,494
Calculations provided by the Institute of Transportation Engineers, fgg~.
B. Access
Access to the proposed development will be provided to the east-west and the north-south legs
of Teasley Lane (FM 2181 ).
C. Pedestrian Linkages
Sidewalks along all public streets are required. Linkages from sidewalks to all building entrances
on the interior of the site are required per Texas Accessibility Standards (TAS). The site design
for this site should accommodate pedestrian links between the adjacent school and the library.
Utilities
This site has access to existing water and sanitary sewer lines. The eXisting 8-inch water line
running through the property will have to be relocated to the frontage of the property along
Teasley. Additional fire hydrants will be required to be installed at time of construction.
Drainage and Topography
New development will be required to design and construct a drainage system to city Standards.
A preliminary drainage study will be required with the submission of a preliminary plat. The study
must include calculations of the 100-year storm for all drainage areas on this property and any
area that drains towards this property. The developer must indicate the method by which the run-
off will be carried across the property or stored on the property.
Signs ~.
As per the sign ordinance.
Off-Street Parking
New development must provide parking according to the regulations of Chapter 35 (35-301) of the
Code of Ordinances.
Filename
Landscaping
This property will have to comply with the new Landscape Code, which requires fifteen (15) trees
per acre and twenty (20) percent of all surfaces to remain pervious (plantable area).
8.
_)
7. Open Space and ReCreational Areas
Nonresidential properties are not required to participate in the development of public recreational
areas.
8' ' Lighting
Lighting on the prOpertY should be designed and maintained so as not to shine on or otherwise
disturb surrounding residential property or to shine and project upward to prevent the diffusion into
the night sky. This restriction will need to be written in as a condition of the Ordinance.
9. Environmental Quality impacts
No major impacts are anticipated.
October 16, 1973 - The subject property was annexed into the City of Denton and placed in the
Single Family Dwelling (SF-10) zoning district and land use classification by Ordinance 73-27. The
property was intended to be zoned PD, but was erroneously zoned SF-10 by the wording of the
ordinance.
December 18, 1988 -The subject property's erroneous zoning was corrected by Ordinance 88-
· 205. The subject property was legally rezoned from Single Family Dwelling (SF-10)t.o Planned
levelopment 16 (PD-16).
January 22, 1991 - A Detailed Plan for the subject property was approved by Ordinance 91-007.
November 10, 1999 -A Detailed Plan for the subject property is denied by the Planning and
Zoning Commission.
February 8th, 2000 - City Council instructs staff to initiate a rezoning petition for the property
The subject property is not platted and would need to be platted prior to any development.
Not}ce of the zoning request was publ{shed in the Denton Record-Chronicle on Sunday, February 27,
2000. Eleven (11) property owners within two hundred feet were ma}led legal notices and Eight-two
(82) res}dents within five hundred feet were sent courtesy notices informing them of the request (see
Enclosure 4). As of this writing, there has been two (2) responses (see Enclosure 4) opposed to
request,
The property owner is opposed to the request which will reqUire a super majority vote (6-1) by City
Council to approve the zoning request.
Rlename
Staff recommends approval of Z-00-003 with the following conditions:
:L The entire 8.3-acre tract should be rezoned to NS(c), Neighborhood Services
2.- Maximum building gross floor area shall be 86,200 square feet, with no individual structure to
exceed 80i200 square feet. Total gross floor area devoted to professional and administrative
offices shall be no less than 40,000 square feet. No individual business shall exceed 4,000
square feet of gross floor area, except professional and administrative offices, which may not
exceed 10,000 square feet per individual business. IVlaximum building height shall not exceed
two stories.
3. Exterior building material shall be :~00% brick.
4. Land uses shall be limited to the following:
1. Art Gallery Or Museum
2. Church Or Rectory
3.Community Center (Public)
4. Institution Of Religious Or Philanthropic Nature
5. Park, Playground Or Public Community Center
6. Swimming Pool (Private)
7. Telephone, Business Office
8. Park Or Playground (Public)
9. Antique Shop (with a SPecific Use Permit)
10. Bakery Or Confectionery Shop (Retail)
11. Cleaning And Pressing Small Shop And Pickup
12.Custom Personal Service Shop
13. Drapery, Needlework Or Weaving Shop
14. Florist Or Garden Shop
15. Handicraft Shop
16. Laundry Or Cleaning, Self Service
17. Offices, Professional & Administrative
18. Restaurant (with a Specific Use Permit)
19. Retail Stores & Shops 4,000 Square Feet Or Less
20. Studio For Photographer, Musician, Artist Or Health
5. The sale of alcohol and tobacco are prohibited.
6. A continuous 50-feet wide bufferyard along the entire length of the western site boUndary shall
be maintained at all times. A masOnry screening wall shall be constructed alg0g the
easternmost edge of the bufferyard, at a height of 8 feet above finished grade. A continuous
row of evergreen tree plantings shall be installed on the west side of the screening wall prior to
any building occupancy.
7. Any service delivery areas shall be screened from public rights-of-way. Storage areas shall be
contained within buildings.
8. A maximum of three curb cuts shall be allowed in accordance with City of Denton subdivision
regulations; one on the north boundary, one on the east boundary, and one on the west
boundary connecting to the existing access easement. If the west boundary curb cut is
Filename
': .)
installed, access restrictions shall be established to prevent traffic circulation into the school
property to the west.'
Notwithstanding the conditions cited above, the standards for Project Plan approval, as per
Ordinance No. 2000-069, shall be satisfied prior to building permit issuance.
I move to recommend approval of Z-00-003 with the conditions recommended by staff.
I
1. Recommend approval as submi~ed.
2. Recommend approval with conditions.
3. Recommend denial.
4. Postpone consideration.
5. Table item.
3.
4.
5.
6.
Vicinity Map
Comprehensive Plan Analysis
Zoning Map
200'-500' Notification Map, with property owner responses (1)
Permitted in Neighborhood Service zoning district.
Draft Ordinance
Filen~me
ENCLOSURE 1
Z-00-003 (RNW Addition)
NORTH
Elementary
VICINITY MAP
12.
ENCLOSURE 2
.... ;~Charactenst!cs'of Commercial DeveloPme~t!n!M!xed~:Use
Neighborhood Center- Community Regional
New Residential ; Nixed-Use Center Nixed Use Center
'i .... ~ ' To provide convenience To provide convenience &
To 'provide convenience and comparative shopping comparative shopping for
shopping for goods &'i' for goods & services to an goods & services to an
Purpose services to an individual individual neighborhood individual neighborhood
neighborhood :;?"~ · as well as a number of as well as the entire city &
· · .. ?:: nearby nei~lhborhoods surroundin~l areas,
Typical Land Up to.10 acres, ifil:ii!: : Up to 30 acres. More than 30 acres.
Area
Typical Service Up to '1.square mile,&:.: i Up to 8 square miles and Multi-county area & up to
Area IA
Population 5,000. people.. :'!i!!i :- ' 40,000 people. 250,000 people.
Typical Retail convenience grocer?i!~i' : Specialty stores, grocer, Halls, Big Box Retail &
Tenant drugr hardware. Superstores.
Typical Store Less than 4,000 squ~,~e Less than 100,000 square More than 100,000 square
Size feet. :?. , ~!~!~ ~ feet. feet.
Typlcal Purcha,e Conve i"nce'& Convenience & Comparative.
Comparative.
Type
Typical '~ · ~ :-:?'
Shopping Low. :: '~'~, ,, Medium. High.
Expenditure '.J.
Typical ' -"
Shopping High?i!:" '?i'? Medium. Low,
Frequency
Typical Service Persorial Services, ;;! ' Automotive Services. Automobile Dealers,
Types · ~.
Typical
Office
..... office sp~s. ;! Small Office Buildings or Large Office Buildings or
Tndivid~al
:~ Mixed Use Buildin~ls. Mixed Use Buildings.
Types
Moderate density, sm~ll · High & moderate density, High density, large mixed
apartment bu!!dings~'~,~d - medium size mixed-use use apartment or
Typical Housing tOWn hOmes, housini{~i.~/ '. apartment buildings, condominium buildings,
Types abovecommercia/r~il '~ housing above housing above
uses. i~i:~!- i;i'!i:' :! commercial/retail uses. commercial/retail uses.
Local Example Bell Place. ~:: Denton Town Center. Golden Trian~lle Mall.
Neighborhood Center Services
The focus area of a neighborhood center contains facilities vital to the day-to-day activity of the
neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal
service shops, church or synagogue, daycare, individual office space, or a small park. These diverse
facilities are ideally located in close proximity to one another in the center, so that all the essential
neighborhood facilities are in one convenient location, accessible in a single stop or by walking or biking.
]:t includes vertically integrated uses where different uses may occur on each floor of the building.
~ From City of Denton Comprehensive Plan, adopted by City Council on December 7th, 1999.
Filfiname
13.
ENCLOSURE 3
Z-00-003 (RNW AdditiOn)
NORTH
ZONING ~MAP
14.
ENCLOSURE 4
00-003 (RNW Addition)
NORTH
200'-500' NOTICE MAP
15.
08:01 Sl?.~4~mS~8 ENCLOSURE 4
NOTICE OF ·PUBLZ¢
Z-O0.O03
HEARING
The Planning and Zoning'Commission of the'City of Denton will hold a public hearing on Wednesday,.
'March 8, 2000.to consider making a .recommendation to City Council regarding.the rezoning of
approximately 8,3 acres, commonly known as RNW Addition, from a Planned DeVelopment (PD-16) '
zoning crmtrlct to Conditioned Office (O) and Neighborhood Service (NS) zoning .districts..Th.e property
is located at the southwest corner of Teasley Lane and Teasle. y Lane in the City of Denton, .Denton
County, Texas.
The public hearing will· stair .at 6:00 p,m; in the City' Council Chambers of. Cily Hall located at 2.15 E.'
McKinney'Street, Denton, Texas. Because you own property within two hundred.(200) feet of the
subject property, the Planning ~nd Zoning Commission would like' to hear how you feel ab6ut this'
zoning change request and invites you to attend the public hearing. Please, in order for your opinion to
be taken into account, return this form with your COmments prior t.o....th~.., date o,f...the pgb~be-adng,. ' (.This ....
Iff-no w~ PrOhibits' you from attending' an(] participa'§ng in the public hearing.) You may fax it'Go the
number located at the bottom, marl it to .the address beloW, or drop it.off In-person: ., . .
Planning and DeVelopment Department.
' 221 .N. Elm ST
Den{on, Texas 76201
· Attn: Larry Reichhart, DeveloPment Review Manager
The zoning process includes two public hearings designed to provide opportunities ;for citizen
involvement and Comment. Prior to the public heatings, landOWners within two hundred (200) fee[ of
the subject property are. notified of the Zoning request by wa.y .of this notice. The firs'f, public hearing is
held before the' Planning' andZoning 'commission. The Commission is lnf0~r, ted Of the percent .of.
responses in support and in opposition. Secondl the zoning petition is forwarded to the City Council for '
final action providing the commission. recommends apprOval, Should the Commission. recommend
denial, the. pelitiorier,may tl'ien appeal the request to the City Council. If owners, of m0re'than't~yenty
(20) percent of the land. area v~thin two hUndred (200)feet of the site submit written, opposltion, then six
out of seven votes of .the City Council are required' to apprOve'.the zoning change. These. for~.$'are
used to calculate the perce"ntage of'landowner oppo~ltion. "
Please circle one:
Neutral to request
In fav~ of request
'. Signature:
'Printed' Name:
Mailing Address:
City. State Zip:
Telephone Number:,
Physical Address of ProperLy within 200 feet:.
15:46 From: T-$~90 P.DZ/03 Job-141
ENCLOSURE 4
E.E. ALEXANDER FAMILY
LIMITED PAR TNERSHIP
Dall~, ~os 75209
21~57.09~9
l~arch 2, 2000
Hon. Mayor Jack Miller
City of Denton
215 ]~:ast Mc.,~w~.nney
Denton, Texas 76201
Re: The properW located on the southwest comer of Teasley Lane and Lillian Miller Parkway,
mo~e particularly described as Lot 1. Block B o, fthe ~NW Addition. Denton, Texa-~
Dear Mayor,
E.l:. Alexander Family Limited Partnership is the sole owner of the above-referenced
property. This letter shall serve as the owner's written opposition to thc approval of that certain
ordinance providing, among other things, interim standards 1'or applying policies of the adopted
comprehensive plan to requests for zoning amcnchncnts and certain specified nonresidential
dcvclopmcm applications pending adoption ora revised development code, to the extent such
ordinance may be applied to the subject property.
As a result of this written opposition, Section 211.006 of thc Texas Local Goverament
Code and Section 35-7(5) of the Code of Ordinances of the City of Denton mandate that an'
affirmative vote of at least three-fourths of the members of the city council is required in order
for the aforementioned ordinance to become effective as it relates to the subject property,
Thank you for your consideration of the owner's interest in thig matter.
ALEXANDER FAMII.Y LIMITED PARTNERSHIP
Alexander
Jig general i
egrement, L.L.C.,
~ A. Alexander, ~resident
I/~R-DZ-OO 15:4a From: T-SSO P,O~/O~ Job-14!
ENCLOSURE 4
Doul~ PoweIl, City of Denton
Michael Jez, City of Deriton
Herb Proud, City of Denton
Jennifer Wahcrs, Cily of Denton
Car~ Moon, Sheldon Development.
Howard Complon,.Bank of America
William S. Dahts~rom, Senkens & Gilchrist
18.
-MAR-OZ-O0 lS:45 From:
FROM TH£ DESK OF:.
.To~athan O. Vinnon
(214) SSS-439S
ENCLOSURE 4
Jenkens & Gilcbrist
14~5 ROSS AVEmm
Surm3200
DALLAS, TEXAS '/5202
~r~ (214) 855-430o
RECIPIENT COMPANY I*AX NO.
1. Mayor Miller City of Denton 940/387/4383
2. Doug Powell City of Deatoh 940/349/7707
3. Michael Je~ City of Dmalon 940/349/8596
4. Herb Prooty City of Demon 940/382/7923
5, JennltL~r Walters City of D, nton 940/349/7923
6. CaD' Moon Sheldon Development 972/331/0020
7. Howard Compton Bank of America 214/209/1670
T-S~o P.OI/03 J0b=141
PHONE NO.
· I~ESSAGE ®
The ~o~on c~ ~ ~d ~ wi~ ~s facai~le ~
~. S~ TO T~ A~O~Y~L~NT P~~
2. A~O~Y WO~RODU~; OR
· . CO~~
It is ~ only for~e ~al or enfi~ d~i~at~ ~ve. You ~ h~y notified ~ ~y ~s~Qon, di~bufion, cop~, or
abow ~ ~e sen~ ~s unauthora~ ~d sm~ p~ohtbtred.
a pw~sio~l co~n by ~l~ho~ at (214) 8554~ i~m~la~ly. A~y ~s~c ~onco~ly ~cd Io you snoum ~
i~dia~ re~ ~ ~ send~ by U.S. Mail or if au~on h g~ by ~c s~n~, dcs~yed.
46335.1
'Total Pa~es (+ Cover):
ENCLOSURE 5
City of Denton Code, Chapter 35, "Zoning", Table 35-77 - List of Pemfitted Uses (in entirety)
B. PRIMARY RESIDENTIALUSES < ~ ~ ,.. ~ m ,.' m o< m ~ m
ONE-FAMILY DWELLING DETACHED X X X X X X X X X X X
ONE FAMILY DWELLING ATTACHED S S S S S X X X X X
ONE FAMILY DWELLING RESTRICTED X X X X X X X
TWO FAMILY DWELLING X X X X X X
MF DWELLING OR APT. X X X X X
COMMUNITY UNIT DEV. S S S S S S X X S X X X X X X
DORMITORY, BOARDING OR ROOMING
HOUSE X X X X X X X X
HOTEL OR MOTEL S X X X X X X X
TRAILER CAMP OR MOBILE HOME PARK S S S S
C. EDUCATIONAL, ,z ,~ o ~, ~, ,.' ~ ~ o~ ,~ m -
INSTITUTIONAL & SPECIAL USES < ~ ~ ~ ~ ~ ~ :/ ~ ~ o< o z * o rv ~ .~ ~
ART GALLERY OR MUSEUM S S S S S S S S X X X X X X X X IX
CEMETERY OR MAUSOLEUM S S S S S S S S S S S S X X X i X
CHURCH OR RECTORY X X X X X X X X X X X X X X X X ! X
COLLEGE, UNIVERSITY OR PRIVATE
SCHOOL S S S S S S S S X X X X X X X X
COMMUNITY CENTER (PUBLIC) X X X X X X X X X X
CORRECTIONAL FACILITIES S S S X
DAY CAMP S S S S S S S S S X X X
DAY NURSERY OR KINDERGARTEN
SCHOOL S S S S S S S S S X X X X X X X
FRATERNITY, SORORITY, LODGE, OR CIVIC
CLUB S S S S S S S S S S X
GROUP HOMES X S S S S X X X X X X X X X X X
HALFWAY HOUSE S S S S S S S S S S X X X X X X X X
HOME FOR CARE OF ALCOHOLIC, S S X X I X X X X
NARCOTIC OR PSCHIATRIC PATIENTS
HOSPITAL (GENERAL ACUTE CAKE) S S S S S X X X X X X X X X
HOSPITAL (CHRONIC CARE) S S S S S X X X X X X X X
INSTITUT. OF RELIGIOUS OR
PHILANTHROPIC NATURE X S ~ S S S S S X X X X X X X X
LIBRARY (PUBLIC) S S X X X X X X X X X
MONASTERY OR CONVENT X S S S S S S S X X X X X X X X
NURSING HOME OR RESIDENCE HOME FOR
AGED S S S S S S S S S X X X X X X X
OCCASIONAL SALES X X X X X X X X X X X X X X X . X X X
PARK, PLAYGROUND OR PUBLIC COMM.
CTR~ X X X X X X X X X X X X X X X X X X
SCHOOL, PRIVATE PRIMARY OR
SECONDARY S S S S S S S S X X X X X X X X
SCHOOL, PUBLIC OR DENOMINATIONAL X X X X X X X X X X X X X X X X X
SCHOOL, EUSINESS OR TRADE S X X X X X X X X
D. UTILITY, ACCESSORY AND ~ = ~ ~ ,,~ ,7 2 '" '
INCIDENTAL USES < ~ ~ ~ ~ ,~' :~ :~ ~ ~. o< o ~ ;e ~ ~m
ACCESSORY BUILDING X X X X X X X X X X X X X X X X X
COMMUNITY CENTER (PRIVATE) S X X X X X X X X X X X X
ELECTRICAL GENERATING PLANT S S S X X X
ELECTRICAL SUBSTATION X S S S S S S S S X X X X X X X X
ELECTRICAL TRANSMISSION LINE X X X X X X X X X X X X X X X X X X
FIELD OR CONSTRUCTION OFFICE (TEMP.) SUBJECT TO APPROVAL AND CONTROL BY THE BUILDING OFFICIAL
FIRE STATION OR SIMILAR PUBLIC SAFETY
BUILDING X X X X X X X X X X X X X X X X X
GAS TRANSMISSION LINE AND METERING
STATION X X X X X X X X X X X X X X X X X X
HOME OCCUPATION X X X X X X X X X X X X X X X X X
OFF-STREET REMOTE PARKING S S S S S S S S S X X X X X X X X X
PRIVATE UTILITY SHOP OR STORAGE YARD S S S S X X X
PUBLIC BUILDING, SHOP, YARD OR LOCAL, S S S S S S S S S S S S S X X X X X
STATE, OR DFEDERAL GOVERNMENT
RADIO AND TV OR MICROWAVE TOWER S S S S S S S S S S S X X X X X X
SEWAGE PUMPING STATION X X X X X X X X X X X X
ENCLOSURE 5
D. UTILITY, ACCESSORY AND ,~ ~ o '?' ': '~ '~ m
INCIDENTAL USES(CON.) < ~ ~ ~ ~ ~ o< ~
~EWAGE T~ATMENT PLANT S S S S X X
~WIMMINO POOL (P~VATE) X X X X X X X X X X X X X X X X X X
FELEPHONE, BUS.ESS OFFICE X X X X X X X X
FELEPHONE L~E AND EXC~NOE X X X X X X X X X X X X X X X X X
;WITC~G OR ~LAY STATION
WATER ~SEVOI~ WATER P~PINO X X X X X X X X X X X X X X X X X
~TA~ON OR WELL
WATER T~ATMENT PLANT X S S S S S S S S S S S X X X X X
E. ~C~ATION~D ~ ~ ~ ~ % ~ ~ ~ < z ~ m ~
ENTERT~NMENTUSES < ~ ~ ~ ~ ~ ~ ~ E ~ o o z o o ~ ~ ·
AMUSEMENT, COMM~gC~AL (O~OOOg) S X X X X X X
AMUS~M~NW, COMM~CIAL(mOOOR) X X X X X X
~A~O P~CWIC~ EACm~TY X
CO~TRYCL~(P~VATE) W/GOLF X S S S S S S S X X X X X X X X X
COUPE
DANCE ~LL OK NIGHT CL~ X X X X X X
D~G ST~P OR COMMERCIAL ~ClNG S S X X X
FAIRGRO~D OR EXHIBITION A~A S X S X X X X X
GO-CART T~CK S S X X X
GOLF COU~E (PUBLIC) X X X X X X X X X X X X X X X X X X
GOLF COUPE (COMMERCIAL) S S X X X X X
)A~ OR PLAYGRO~D (P~LIC) X X X X X X X X X X X X X X X X X X
PLAY FIELD OR STADIUM (P~LIC) X S S S S S S S X X X X X X X X X X
RODEO GKO~DS S X X X X X
ROLLER OR ICE S~TING ~NK S X X X X X
~$EXUALLYO~ENTEDBUSINESS X X X X X X
~TABLE, P~VATE CL~ S S S S S S S S S X S X X X ~ X
~TABLE, COMMERCIAL ~NTAL S X X X X X
~TABLE~ BOATING S X X X X X
SWIM OR TE~IS CLUB S S S S S S S S X X X X X X X X X X
FHEATER, D~VE-IN S S X X X X
YHEATE~ OTHER THAN D~VE-IN TYPE S X X X X X X
F. T~SPORTATION~LATED ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~
~O~TL~NmN~mL~O~,~,~O~T S S S S S S S S S S S S X X X X X
BUS STATION OR TE~INAL S X X X X X
~UL~G OR STOOGE COMPANY X X X X X
MOTOR F~IOHT TE~AL X X X X X
~ILROAD F~IOHT TE~AL X X X X X
~ILROAD PA~NOER STATION X X X X X X
~ILROAD T~CK OR ~OHT-OF-WAY X X X X X X X X X X X X X X X X X X [
~ILROAD TEAM T~CK S X X X X X
PASO LOT TRUCK X X X X X
PA~QLOTORSTRUCTU~ S X S S X ~ X 'X X X X
(COMMERCIAL)
G. ~UTOMOBIL~S~R~C~S~S < ~ ~ ~ ~ .~ ~ ~ ~ ~ ~< e z~ ~ ~ ~ = ~ i
~O LA.DRY X X X X X X
kUTO PA~TINO AND BODY ~PAIR X X X X X
~O SALES AND ~PAIR (~ BUILD.O) X X X X X : X
A~O W~C~O OR SALVAGE YA~ S X
GASOL~E SERVICE STATION X X X X X X
NEW AUTO PARTS SALSa STO~S X X X X X X
N~W OR UgED CAR gAL~g LOT (~ OPEN) X X X X X
SEAT COVER AND MUFFLER ~STALLATION X X X X X
SHOP
TI~ ~T~AD~G OR CAPP~O X X X X X
USED A~O PARTS SALES ~ STO~) X X X X X
ENCLOSURE 5
H. RETAIL AND SERVICE TYPE
~SES
~NTIQUE SHOP S X X X X X X
BAKERY OR CONFECTIONERY SHOP
(~TAIL) X X X X X X X
CA~ ~ l ~A S S S X X X X X
CLEANING AND P~SS~G SMALL SHOP
AND PICKUP X X X X X X X
CUSTOM PE~ONAL SERVICE SHOP X X X X X X X
D~PERY, NEEDLEWO~ OR WEAVING
SHOP X' X X X X X X
FLO~ST OR OA~EN SHOP S X X X X X X X
G~ENHOUSE OR PLANT NU~ERY
(~TAIL) S X X X X X X
HANDIC~FT SHOP X X X X X X X
HOUSEHOLD APPLIANCE SERVICE ~
~PAIR X X X X X X
LA.DRY OR CLEAN.G, SELF SERVICE X X X X X X X
MIMEOG~PH, STATIONERY OR LE~ER
SHOP X X X X X X
MORTUARY OR F~E~L PAYOR S S X X X X X X
OFFIC~ PROFESSIONAL & ADMINIST. X X X X X X X X
OFF-P~MISES SALE OF BEER AND/OR W~E X X X X X X
ON-P~MISES SALE OF BEER AND/OR WINE S X X X X X X
LICENSED P~VATE CL~ X X X X X X
PA~ SHOP X X X X X
~STAU~NT S S S X X X X X X
~TAIL STO~S & SHOPS 4,0~ SF OR LESS X X X X X X X
~TAIL STO~S & SHOPS OVER 4,~ SF S X X X X X X
STUDIO FOR PHOTOG~PHER, MUSICIAN,
ARTIST OR HEALTH X X X X X X X X
SECONDHAND STO~, USED FU~ITU~ OR
RUMMAGE SALE X X X X X
TOOL OR T~ILER ~NTAL X X X X X
I ~SERVED
J. AGmC~T~ T~E USES <
ANIMAL PO~D (P~LIC OK P~VATE) S S S X X ~ X
ANIMAL CLINIC OR HOSPITAL ~O OUTSIDE S X X X X X X ~ X
R~S OR PENS)
ANIMAL CLINIC, HOSPITAL OR KE~EL S X X X X
WITH O~SIDE R~S OR PENS
FA~ OR ~NCH X X X X X X X X X X X X X X X ; X
G~ENHOUSE OR PLANT NURSERY X S X X X X X ; X
HATCHERY, POULTRY X X X X X
LIVESTOCK AUCTION S S X X
LIVESTOCK FEED. PLANT, PENS OR YA~S S S X X
K. CO~RCI~ TYPE USES <
~Y<WHOLESnL~ X X X X X
BUILD~G MATE~AL SALES X X X X X
CABINET AND UPHOLSTERY SHOP X X X X X
CLEANING & DYE~G PLANT
(COMMERCIAL) X X X X X
CLEANING PLANT, BAGS OR CA~ETS X X X X X
(SPECIAL EQUIPMENT)
CLOTHING MANUFACTU~ OR LIGHT
COMPO~DING OR FAB~CATION X X X X X
CONT~O~ SHOP & STOOGE YA~ X X X X
ENGINE & MOTOR ~PAI~G X X X X X
FEED STO~ X X X X X
FL~ MANET S S S S X
HEA~ MACHINERY SALES & STOOGE X X X X X
JOB P~NT~O OR NEWSPAPER P~NT~O X X X X X
LA.DRY PLANT (COMMERCIAL) X X X X X
MILK DEPOT, DAIRY OR ICE C~AM PLANT X X X X X
PAINT SHOP X X X X X
22.
ENCLOSURE 5
K. COM/VIERCIAL TYPE USES -
(CON.)
PETROLEUM PRODUCTS STORAGE- X X X
WHOLESALE
PLUMBING SHOP X X X X X
SAND, GRAVEL OR EARTH SALES OR S S X X
STORAGE
SCIENTIFIC OR RESEARCH LABORATORIES S S X X : X X X
STORAGE AND SALES OF FURNITURE OR X X X X
APPLIANCES OUTSIDE A BUILDING
STORAGE OR SALES WAREHOUSE X X X X X
TRAII.F~P~ RENTAL OR SALES X X X X X
TRANSFER, STORAGE AND BAGGAGE X X X X X
TERMINAL
WHOLESALE OFFICE AND SAMPLE ROOM X X X X X
L. NATURAL RESOURCE
STORAGE AND EXTRACTION
EXTRACTION AND STORAGE OF SAND, S S S X X
CALICHE~ STONE, CLAY OR GRAVEL
PETROLEUM OR GAS WELL S S X X
PETROLEUM COLLECTING OR STORAGE S S X X
?ACILITIES
MINING OR STORAGE OF MINERAL WASTES S S X X
VI. SPECIAL INDUSTRIAL
PROCESSES <
ASPHALT OR CONCRETE BATCHINO PLANT TEMPORARY BATCHING WITH SPECIFIC UE PERMIT X X
BRICK KILN OR TILE PLANT S ] S X X
CEMENT OR HYDRATED LIME S X X
MANUFACTURE
DUMP OR SANITARY FILL AREA S S X X
MIXING AND SALE OF CONCRETE S X X X
OPEN SALVAGE YARD FOR RAGS OR S X X
MACHINERY~ ETC.
;MELTER OR REFINERY X X
N. GENERAL MANUFACTURING
AND INDUSTRIAL USgS
LIGHT MANUFACTURING OR INDUSTRIAL
USES WHICH MEET PERFORMANCE X X X
STANDARDS
HEAVY MANUFACTURING OR INDUSTRIAL
USES NOT PROHIBITED BY LA',',' AND
EXCEPTING THOSE SPECIFICALLY LISTED X X
AS REQUIRING S.U.P.'S WHICH MEET
PERFORMANCE STANDARDS
FEMPORARY USES, EXCLUDING CONCRETE X X X X X X X X
DR ASPHALT BATCHING (SBB DEFINITION)
tEMPORARY USES, CONCRETE OR X X X X X X X X X X X X X X X X X X X
ASPHALT BATCHING (SEE DEFINITION)
ANY INDUSTRIAL USE WHICH DUB TO THE
POSSIBLE EMISSION OF EXCESSIVE SMOKE
NOISE, OAS, FUMES, DUST, ODOR,
VIBRATION OR THE DANGER OF FIRE,
EXPLOSION OR RADIATION AS MAY BE
DETERMINED BY THE HEALTH, FIRE OR S X
BUILDING OFFICIALS TO BB PRESENTLY OR
IN THE FUTURE LIKELY TO BE A HAZARD
OR NUISANCE TO ADJACENT PROPERTY OR
THE COMMUNITY AT LARGE BUT WHICH
MAY BE LOCATED AND OPERATED UNDER
SPECIFIC STANDARDS
ENCLOSURE 5
The list of permitted uses selected for the RNW Addition were taken from Table 35-77 of the City of
Denton Zoning Ordinance, Chapter 35 of the City Code. All uses listed are pem~itted in an "NS"
zoning district. Several uses permitted within an "NS" district have been deleted as inappropriate to'a
Neighborhood Center designation.
C. EDUCATIONAL,
INSTITUTIONAL & SPECIAL USES <
ART GALLERY OR MUSE~ S S S S S S S S X X :~ X X X X X X
CHURCH OR ~CTORY X X X X X X X X X X ~X~ X X X X X X
COMM~ITY CENTER ~UBLIC) X X X ~X X X X X X X
~STi 1'~. OF ~LIGIOUS OR
~H~NTHRO~ICNATU~ X S S S S S S S X X ~ X X X X X
x x x x x x x x x x x x x x x x x
D. UTILITY, ACCESSORY ~D
~C~ENT~ USES (CON.) <
SWIMM~GPOOL~VATE) X X X X X X X X X X X ~ X X X X X X
TELEPHONE, BUS.ESS OFFICE X ~::~ X X X X X X~
E. ~C~ATION~ ~
ENTERT~NT USES <
PA~ OR P~YGRO~D {P~LIC~ X X X X X X X X X X X J~ X X X X X X
' H. ~T~L ~ SER~CE T~E
USES <
ANTIQUE SHOP ~3~ X X X X X X
BAKEKY OR CONFSCTIONEKY SHOP
(~TAIL) ~ X X X X X X
CLEANING AND P~SS~G SMALL SHOP
~ ~ X X X X X X
AND PICKUP
CUSTOM PE~ONAL SERVICE SHOP ~;} X X X X X X
D~PERY, NEEDLEWO~ OR WEAVING
s~o~ ~ x x x x x x
v~oms, o~o~s~o~ s ~x~: x x x x x x
~n~c~xs~o~ ~x~ x x x x x x
~vo~c~;~o,s~vs~v~c~ ~:;~x~:x x x x x x
OFFICES, PROFESSIONAL & ADMINIST. X ~X~i X X X X X X
~STAU~NT S S ~S~ X X X X X X
~TAIL STO~S & SHOPS 4,0~ SF OR LESS ~ X X X X X X
STUDIO FOR PHOTOG~PHER, MUSICIAN,
ARTIST OR HEALTH~ X ~ X X X X X X
24.
ATTACHMENT
Planning and Zoning Commission Minutes
March 8, 2000
Page 2 of 3
PUBLIC HEARING - ZONING
5. Continue a public hearing and consider making a recommendation to City Council regarding
a Detailed Plan for a Planned Development (PD-93) encompassing approximately 13.7
acres. The detailed plan proposal is for a 159 unit multi-family residential development and
4.3 acres of commercial development. The property is located at the southwest corner of
Ryan Road and Teasley Lane. (Z-99-096, Ryan Rd./Teasley Lane, Larry Reichhart)
Motion by Perry McNeill and seconded by Rudy Moreno to recommend approval to City Council
with conditions.
*Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 3).
Motion carries 4-3. Elizabeth Gourdie, Salty Rishel and Jim Engelbrecht opposed.
Hold a public hearing to consider making a recommendation to City Council regarding the
rezoning of approximately 0.27 acres, commonly known as 1513 N. Locust, from an Office
(O) zoning district to a Planned Development (PD) zoning district. The proposal is to allow
office and residential uses on the property. (Z-99-084, 1513 N. Locust, Larry Reichhart)
Motion by Perry McNeill and seconded by Salty Rishel to recommend approval to City Council
with conditions.
*Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 157).
Motion carries 7-0.
Hold a public hearing and consider recommending approval to City Council a Detailed Plan
for approximately 162 acres in the Planned Development 120 (PD-120) zoning district. The
property is generally located between North Elm St (US 77) and Loop 288 roughly 1500
feet west of North Locust (FM 2164) and is legally described as 162.5 acres in the Thomas
Toby Survey, Abstract No. 1288 and the B.B.B. & C.R.R. Survey, Abstract No. 186,' in the
City of Denton, Denton County, Texas. (Z-99-101, Northpointe, Thomas B. Gray)
Motion by Salty Rishel and seconded by Perry McNeill to recommend approval to City Council
with conditions.
*Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 56).
Hold a public hearing to consider making a recommendation to City Council regarding the
rezoning of approximately 8.3 acres, commonly known as RNW Addition from a Planned
Development (PD-16) zoning district to Conditioned Office (O) and Neighborhood Service
(NS) zoning districts. The property is located at the southwest corner of Teasley Lane and
Teasley Lane. (Z-00-003, RNW Addition, Larry Reichhart)
Motion by Elizabeth Gourdie and seconded by Perry McNeill to continue to March 22® meeting.
*Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 78).
Motion carries 7-0.
Cond~ns~ItTM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
50, then you'd want a maximum of 50 feet.
MR. RISHEL: The minixnum spacing would
NO,
okay. : things
that I've noticed
wc'vc been trying t¢
Page 77
necessarily do their
see a lot
they jigger and they jog
jog to accommodate
line in the process
tosee
MR.
the wording
most 50
a a straight line. I
re running fences and
landscape, they
: be along the fence
So we'd like
~ often.
Now back and ask,
naximum of 50 feet' would be at
but could be less if do
Page 79
1 not sure if anybody needs their memory refreshed about the
2 proposed Wal-Mart, but that was the latest case that we --
3 zoning case that was brought forward on this, a detailed
4 plan for this PD. Since that time, as I said, City
5 Council has initiated a zoning petition. This was
6 originally advertised to be rezoned to Office and
7 Neighborhood Service. And upon further really
8 investigating the differences between the Neighborhood
9 Service and the Office, staff is:now recommending as we
10 get to it completely going to Neighborhood Service, which
1 does allow office uses in there. So it did provide the
12 same flexibility as office uses. It just allows better
13 opportunities to design something on this site instead of
14 being rigid saying, here's your Office comer, here's your
15 Neighborhood Service comer. This does allow the
16 flexibility to incorporate the two. And, again, it could
17 be something to the effect where we have some ground-stor
that.
RISHEL: At the most, 50 feet
ENGELBRECHT: All right. I'm just
,' we are. Any
motion while the letters are being passed down? I1
appears not. Okay. Yes.
MR. MCNEILL: The numbers were five and one
five in favor and one opposed?
correct.
s unanimously.
Gray.
MR. ENGELBRECHT: okay. We will move on then
to Agenda Item No. 8 which is to hold a public heating
and consider making a recommendation to the City Council
regarding thc rezoning of approximately 8.3 acres,
Page 78
18 retail with offices above or something of that effect.
19 This parcel is 8.3 acres. The existing eD
20 identifies 86,200 square foot of building footprint.
21 We've been advised that that would be the limits for the
22 zoning of this site that whatever we reconfigure or rezone
23 this site, it would still be able to permit that 86,200
24 square feet. To review, the Comprehensive Plan identifies
25 this area as an existing residential and full compatible
Page 80
I district. We feel that the Neighborhood Services zoning
2 allows the -- most closely resembles that identification
3 for this site. It does allow some retail and commercial
4 activities but they are intended to be oriented towards
5 the Neighborhood Service identity as opposed to a regional
6 draw. We would further lhnit the size of any retail
7 facility to 4,000 square feet and that is more in keeping
8 with what a Neighborhood Center is identified in the
9 Comprehensive Plan.
7
8
9
10 commonly known as RmV ^ddition, from a Planned Development
11 16 zoning district to Conditioned Office and Neighborhood
12 Services zoning districts. The property is located at the
13 southwest comer of Teasley Lane and Teasley Lane, or
14 Teasley Lane and Lillian Miller and Wind River. It's an
15 interesting intersection. At this time, I will open the
16 public hearing and ask Mr. Relchhart to provide us with
17 tl~ staff report and also if he would begin with just a
18 brief comment with regard to whom the petitioner is in
19 this particular case.
20 MR. REICHHART: The petitioner is the City of
21 Denton. City Council had staff start a zoning petition on
22 this site. This is PO-16 and it is at the comer of
.23 Teaslcy and Teasley because at one time Teasley just made
24 a curve, came around at an intersection and it was still
25 called Tcasl~y Lane. We am looking -- tl~ latest, I'm
10 The trip generation, if this were developed
11 with the 86,200 square feet of commercial, it would have
12 generated over 5,000 trips per day. With a mix of general
13 retail and office, we would lower that to closer to 2,500
14 trips per day. All other standard requirements for
15 utilities and landscaping would still be in effect for
16 this parcel. And, again, the lighting, we would require
17 the standard lighting condition.
18 On page 5 of the staff report is our
19 recommendations. They are fairly extent. The conditions,
20 one is that we would rezone the entire'parcel to
21 Neighborhood Service, that the maximum building gross
22 floor area shall be 86,200 square feet with no individual
23 structure exceeding 80,200 square feet and that is, again,
24 in kin to what the original, the latest plans had shown
25 for this site. If you recall, it was a big box,
PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 77 - Page 80
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Page 81
1 basically, with approximately 52,000 square feet with the
2 additional retail on that parcel, with an extension of
3 that building.
4 And, again, the total gross floor area devoted
5 to professional and administrative offices shall be no
6 less than 40,000 square feet. No individual business
7 shall exceed 4,000 square feet of gross floor area except
8 for professional and administrative offices, which may not
9 exceed 10,000 square foot per individual business.
10 Maximum building height shall not exceed two stories. The
11 intent of that condition is to get smaller clusters of
12 offices and retail as opposed to one large structure, more
13 of a campus setting, if you would, out here. The exterior
14 of all buildings shall be 100 percent brick. There is a
15 list of 20 permitted land uses and if we need to, we can
16 go over all of those. But they typically are art gallery,
17 churches, communities centers, parks, playgrounds, antique
18 shops, bakeries, cleaning and pressing - small shops;
19 personal service shops, drapery, needlework, weaving
20 shops, florist, garden shops, handicraft, laundry or
21 cleaning; all-service, offices, restaurants with a special
22 permit, retail stores, shops, 4,000 square foot or less,
23 and then studios for a photographer, museums, artist, or
24 health. And, again, the intent is to be more
25 neighborhood-oriented.
Page 82
1 The sale of alcohol and tobacco are prohibited
2 is Condition No. 5. A continuous 50-foot wide buffer
3 along the entire length of the western site boundary shall
4 be maintained at all times. A masonry screen will also be
5 constructed along the eastern-most edge of the bufferyard,
6 and that is adjacent to the school, at a height of eight
7 feet above finished grade. A continuous row of evergreen
8 trees, plantings shall be installed on the west side of
9 the screening wall prior to any building occupancy. Upon
10 further consideration of that condition and in talking
11 with Todd Patton, Director of Planning for Denton
12 Independent School District, we just started talking about
13 that condition and a solid row of evergreen trees may --
14 on the school side of that wall is what the intent is to
15 provide some buffering landscaping on the school side of
16 that wall And a solid row of evergreens might not be the
17 ideal proposal for that. It would create ideal hiding
18 places for somebody to run down, grab a kid, and run back
19 up the hill or something like that. So I think we'd want
20 to change that to maybe a land~cape buffer to b~
21 determined during the site plan review or something.
22 Any service delivery areas shall be sere,ned
23 from public right-of-ways. Storage areas shall be
24 contained within buildings. A maximum of three curb cuts
25 shall bc allowed in accordance with the City of Denton
Page 83
I Subdivisions Regulations; one on the north boundary, one
2 on the east boundary, and one on the west boundary
3 connecting to the existing access easement. If the west
4 boundary curb cut is installed, access restrictions shall
5 be established to prevent traffic circulation into the
6 school property to the west. And Condition No. 9 is
7 notwithstanding the conditioned site of above, the
8 standards for project plan approval as per Ordinance No.
9 2000-069 shall be satisfied prior to building permit
10 issuance. And that basically is a site plan requirement
11 as we've identified.
12 The final note regarding public notice, 11
13 property owners within 200 feet had been notified of this
14 request. To date, we have received three letters from the
15 surrounding neighbors; two are opposed to this request,
16 one is in favor of this request. And then on top of that,
17 tonight or just late today, we received a letter from the
18 applicant -- from the property owner stating their
19 opposition to the zoning which would require then a
20 super-majority vote at City Council if this proceeds onto
21 City Council. There are at least two conditions that
22 would require a super-majority; one is if 20 percent of
23 the adjacent property owners oppose, and another condition
24 is if the property owner themselves oppose the zoning
25 request, a super-majority is required at City Council.
Page 84
1 In addition, and I believe Todd Paxton from
2 the school district is here and he can speak on this, but
3 we do have a letter from the school district. They are
4 basically requesting some additional time to review this
5 proposal and are asking the Board to continue this
6 application. If we had a recommendation tonight from this
7 Board to go forward to City Council, it is anticipated
8 that it would be on the April 4th City Council hearing
9 which would still give the applicant, the school district
I0 time to review and maybe bring forth any other conditions
11 they may want to see on this plan or oppose the rezoning
12 or come out in favor of it. Besides the conditions, I
13 mean, if they are opposed to this, they would again be
14 over a 20 percent opposition that would require a
15 super-majority but we're at that point anyway. So we're
16 just offering that up for -- we are recommending approval
17 and if there are any questions I'd be --
18 MR. ENGELBRECHT: We do have some. Mr.
19 McNeill.
20 MR. MCBIIEILL: The site where the library and
21 the £~re station, was that at one time part of this
22 original PD?
23 MR. REICHHART: Yes, sir, it was.
24 MR. MCNEiLL: And so what happened there that
25 divided that out? How did that get divided out of this
PLANNING AND ZONING COMlVtlSSION MARCH 8, 2000
Page 81 - Page 84
CondcnscltTM
Page 85
1 ?D, the original
2 MR. REICHHART: TO say it's divided out of the
3 original ?D, it's still -- it is part of the Pt~, it just
4 got built before anything else in the PP. I mean, the
5 zoning on that is still the same PP. It was in
6 conjunction with a portion of this property where the road
7 used to be and then the adjacent property to the north of
8 that was owned by the City after the road was
9 reconfigured. And there was some land-swapping taking
10 place. We wanted to get a fire station and a library in
11 that general area so it was reconfigured a little bit to
12 include the library and firo station to the south and then
13 the previous Planned Development.
14 MR. MCNEILL: SO the City was involved with
15 that at that point and could have requested this -- could
16 have initiated this rezoning at that time that they've now
17 initiated.
18 MR. REICHHART: Yes.
19 MR. MCNE1LL: I wonder why they didn't do that
20 at that time.
21 MR. REICHHART: I would imagine there might be
22 a couple of reasons. One, that we're doing it now is that
23 this is more in keeping with the Comprehension Plan and I
24 believe the opposition that was shown towards what could
25 be developed on this parcel was an indication of a desire
1
2 and more compatible to the adjacent neighborhood.
3 MR. MCNEILL: NOW?
4 MR. REICHHART: Now.
5 MR. MCNEILL: Yeah. Okay. Thank you.
6 MR. ENGELBRECHT: MS. Apple.
7 MS. APPLE: Larry, could you just refresh my
8 memory please on what the original square footage was
9 allowed to be with the proposal that came before us
10 originally?
11 MR. REICHHART: The recent detailed plan?
12 MS. APPLE: with the reduced variance -- the
request that we got the first time which actually reduced
what it allowed. What was the total square footage?
MR. REICHHART: If I recall, I think we were
in the 52,000 square foot area. If you're talking about
the Wal-Mart proposal, f'zrst Wal-Mart proposal --
MS. APPLE: Yes, the supermarket.
Page 86
to see this more in compliance with the Comprehensive Plan
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MR. REICHHART: ~rom that, yes.
MS. APPLE: okay. Thank you.
MR. ENGELBRECHT: MI'. Moreno.
MR. MORENO: Yes, sir, Mr. Reichhart, under
Condition 19, retail stores and shops of 4,000 square feet
or less, where did that number come from?
MR. REICHHART: The 4.,000 square feet?
MR. MORENO: Yes, sir.
MR. REICHHART: xhat came from more of the
Comprehensive Plan analysis and on page 8 of the report,
there was a table identifying different areas that had
been identified that could hold retail. In the
13 Comprehensive Plan, we have neighborhood center, community
14 mixed-use center, and then regional mixed-use center, and
15 these were the characteristics associated with each of
16 those uses. In the first column was the neighborhood
17 center. Typical land area was up to ten acres. We're at
18 8.3. Type of service area, population that they're
19 looking for, a typical retail tenant was more the
20 convenient grocer, quick stop type of thing. And then the
21 typical store size, less than 4,000 square feet, and that
22 came directly out of the Comprehensive Plan.
23 MR. MORENO: okay. And yet, at the same time,
24 the property owner could build a structure, one single
25 structure of up to 80,000 square feet, in round numbers.
Page 87
1 Is that what I'm understanding?
Page 88
MR. REICHHART: Yeah, was a 52,000 square foot
Wal-Mart supermarket with, I believe it was a 12,000
square foot pharmacy. And then that was later -- no, that
was what was brought forward.
MS. APPLE: SO this is actually going to
increase the actual usable space by some 20,000 to 30,000
square feet?
2 MR. REICHHART: And that was -- yes, yes.
3 MR. MORENO: SO the property owner could
4 build, in essence, a minimal, one gigantic structure with
5 24,000 square foot retail shops. Is that a. possibility?
6 MR. REICHHART: with our proposal?
7 MR. MORENO: Yes, sir.
8 MR. REICHHART: I believe Condition No. 2 --
9 now, maybe it's not worded properly, the intent was that
10 no building would exceed 10,000 square feet, no single
11 square foot would exceed 10,000 square feet, but that
12 could be a two-story or a three-story structure. We were
13 looking at more of the not one huge structure as opposed
14 to --
15 MR. MORENO: But what I'm reading is that no
16 individual structure will exceed 80,200 square feet.
17 MR. REICHHART: Correct. Okay, I take that
18 back. The intent, we're going with the same requirements
19 as the previously approved detailed plan and that would
20 allow up to 80,200 square feet. You are correct.
21 MR. MOP, ENO: Thank you, sir.
22 MR. ENGELBRECHT: MI'. Powell.
23 MR. POWELL: If I may, that condition goes on
24 to read though, that first sentence talks about the size
of any one building but no individual business shall
Page 85 - Page 88
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Page 89
exceed 4,000 square feet except for professional offices,
which can go up to 10,000 square feet. So you could have
a large building but within that building you could not
have an individual use.
MR. REICHHART: One user.
MR. MORENO: ThaPs exactly my point.
MR. ENGELBRECHT: All fight. Are there any
other questions for staff and the petitioner at this time?
Mr. Williams.
MR. WILLIAMS: Yes. I would like some details
of this land swap that you mentioned.
MR. REICHHART: The details in the original PD
that identified that land swap are very vague and the
information was more from employees that were City
employees that were here at the time that knew of the land
swap. I personally don't have that information. We would
have to research that. I mean, the land swap was made and
the detailed plan was approved is what we're going under.
We have an approved detailed plan that included that
parcel.
MR. ENGELBRECHT: Yes, Mr. Powell, did you
want to make a comment?
MR. POWELL: Yeah, I'm not sure of the
specifics of the question but the details as we know them
is that the relocation of Teasley Lane created additional
1 MR. REICHHART: That's the library. Here's
2 the school and the fire station.
3 MR. ENOELBRECHT: 1 will -- this appears to be
4 one that's similar to the other comer we addressed two
5 cases ago. Was there any -- is there anything in this, in
6 the conditions of this request that would, to some extent,
7 ensure that the library is incorporated into this proposed
8 cent6~r, if you will? It seems that there are community
9 centers, antique shops, bakery, on and on, office, and it
10 would seem to me that we even put in here community
11 service centers, that from the perspective of this whole
12 corner, that library ought to be included in thc planning
13 of this corner. And does this in any way take that into
14 account?
Page 90
1 right-of-way at the northeast comer of the property.
2 That right-of-way was traded to the property owner for the
3 property on the south side where the fire station and the
4 school site sit. Teasley Lane used to come in and arch.
5 and, in fact, if you go out there, the roadway is still
6 there and you can see where the old road alignment was.
7 That property was right-of-way, access right-of-way and
8 was what was traded for the property on the south.
9 MR. REICHHART: And at the time that swap was
10 made and, again, it's that area that's identified in
11 orange, both parties benefited. The remaining parcel, the
12 property that's in question, got the comer which at that
13 time was considered a more valuable commodity than this
14 odd-shaped curve.
15 MR. WILLIAMS: And what was the zoning at that
16 time?
17 MR. REICHHART: At that time, it was still
18 PD-16 but it was under a different concept and it was
19 rezoned to include the latest configuration.
gO MR. ENGELBRECHT: Any further follow-up, Mr.
21 Williams? Okay. Any other questions? I have one. Woul¢
22 you push that up just a little bit higher on the podium
23 and point out the location of the library? Oh, it's
24 listed right there. You can see the South Branch Library
2~ right them.
'LANNING AND ZONING COMMISSION MARCH
15 MR. REICHHART: NOt per se. I mean, we've
16 talked about that and we could put additional conditions
17 on here that would try to encourage that type of
18 interplay. We talked that it would be nice to have a
19 little bakery or a little shop here where you could get
20 some coffee, go over and get a book, and come back and
21 have an outdoor plaza or something like that that would be
22 incorporated in the final design. It could be a
23 recommendation that we could put down as a condition to be
24 finalized during the project plan. It's hard to say how
25 that would be incorporated, depending on how much traffic
Page 91
Page 92
I would be anticipated to come through there because there
2 is that entrance way there. And trying to eliminate the
3 number of curb cuts that we'd have on the public
4 right-of-way is going to increase the traffic on that a
5 little bit. So there is some traffic concern about
6 crossing that mad and such. But that is something that
7 we could strongly encourage and then follow through with
8 on the project plan portion of the -- as this goes
9 forward.
10 MR. ENGELBRECHT: Okay. Thank you. Any other
11 questions? All right. We do have a number of individuals
12 who would -- Mr. Powell, did you have any other comment?
13 MR. POWELL: I do believe we have copies of
14 the letter from the applicant or the property owner,
15 excuse me.
16 MR. ENGELBRECHT: okay. I do have cards from
17 a number of individuals who would like to speak. I also
18 have a number of cards from individuals who did not want
19 to speak but are indicating support or opposition. And as
20 we move through each category, I will'address those at the
21 end after we've heard from the speakers in each case. So
22 at this time, I do have some cards for individuals who
23 would like to speak in support. Kira Jensen. And
24 following that, I'll be calling on Teresa Andress. So if
25 you want to come on down and sort of be standing by. If
8, 2000 Page 89 - Page 92
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Page 93
I you would give us your name and address for the record,
2 please.
3 MS. JENSEN: Yes. My name is KLm Jensen. I
4 live at 829 Abbots Lane which as the bird flies is about
5 three blocks from the school. I'm a former Denton ISD
6 elementary school teacher who quit teaching to stay home
7 with my children. I currently am a lay youth director for
8 the Chuch of Jesus Christ of Latter Day Saints. We have
9 six congregations with approximately 2,500 members locall2
10 and our church owns the property which is the empty lot
11 directly across from the school and we have signed the
12 petition that you have received. I'm currently the Sam
13 Houston PTA secretary and have been selected by our
14 nominating committee to be next year's PTA president. Our
15 PTA'S next meeting is April 13th and we would like some
16 extra time to be able to present discussion and review
17 conditions at that meeting.
18 I am concerned with the traffic that would
19 come with such a large business on this comer. The
20 children are my main coneem and I would like to stress to
21 you that the kind of people that we are dealing with here
22 are the children. I have three daughters under the age of
23 seven, two of which attend Sam Houston. Due to time
24 constraints, I will tell you about just one of them. I
25 would like to give you a face to think about while you are
Page 94
1 deliberating this issue. This is my daughter, Madeline.
2 She is five years old and in kindergarten at Sam Houston.
3 She likes everything pink and she likes her hair in
4 dog-ears. Her pink bicycle that she often rides to school
5 still has the training wheels on it. Madeline wears
6 glasses because she has a cataract in her left eye. She
7 has had four surgeries on her ears and has conductive
8 hearing loss in her right ear. Like most children, slae
9 does not pay close attention to traffic. In her case, her
10 handicaps might cause her to not notice a car coming like
11 most children would. She likes to stop by the side of the
12 road where we walk to school and pick dandelions. Once
13 she was carrying a masterpiece of artwork that she didn't
14 want to crush in her backpack and it blew into the street.
15 Before ! could stop her, she dashed out in front of the
16 cars to catch it.
17 Now, we can't always protect our children
18 every second but we can use our good common sense to know
19 that purling a high-traffic business next to an elementary
20 school is not a smart idea. ! have every faith in the
21 people, the good people of Denton that they would agree
22 with that, that all people would agree if you just ask
23 them and that the worth of a child is worth more than all
24 the money in the world.
25 On the Wal-Mart website it says, Sam Walton
Page 95
1 believed that each Wal-Mart store should reflect the
2 values of its customers and support the vision they hold
3 for their community. When Sam Walton received the Medal
4 of Freedom from President Bush in 1992, he said, we are
5 all working together. That is the secret. He would
6 probably turn over in his grave if he knew that we were
7 having to fight against his store to keep our children
8 safe. If Wal-Mart really believes this, then I call upon
9 them to practice what they preach and go elsewhere. I
10 like Wal-Mart, just not when it puts my children in
11 danger. With her handicaps, my daughter already has two
12 strikes against her. There are 679 children at Sam
13 Houston, all with their own stories, all with their own
14 strikes against them. They like to pick dandelions by the
15 side of the road. Please don't make it strike three for
16 our children at Sam Houston. Remember, it takes a village
17 to raise a child and Denton is such a wonderful village.
18 Thank you.
19 MR. ENGELBRECHT: Any questions,
20 Commissioners? Thank you, Ms. Jensen. Ms. Andress, and
21 then I'll be calling on David Bell.
22 MS. ANDV,~SS: oood evening, Commissioners. My
23 name is Teresa Andress. I live at 34 Oak Forest Circle in
24 Denton and I am the principal of Sam Houston Elementary.
25 which everyone knows is located next to the piece of
Page 96
1 property we're speaking about. I am very thankful to the
2 City Council and to the Planning and Zoning and also to
3 the City staff for working to have this property rezoncd.
4 I am in favor of having it rezoned. I think that the
5 Conditioned Office or the Neighborhood Services, as you're
6 calling it tonight, is a much more compatible use for this
7 property next to our school.
8 I would though like the opportunity to learn
9 more about what is a Neighborhood Service and would like
10 the opportunity to present this to the parents in our
11 school and let them know exactly what we're talking about
12 when we talk about Neighborhood Service. As Ms. Jensen
13 mentioned, we'd like to put this on the agenda for our
14 April 1 lth PTA meeting and so I'm hoping that we can get
15 some information, like what he was reading from as far as
16 Neighborhood Service, and present that and let the PTA
17 know so that they can -- those people live in that
18 neighborhood and if they have an opinion one way or the
19 other, I'd like for them to be able to let y'all know and
20 let the CiW Council know. So thank you very much for
21 considering this rezoning. And I do think that it would
22 be a lot safer situation for our children but I would like
23 to be able to present it to our PTA when we do get some
24 information from City s~aff. Thank you.
25 MR. ENGELBRECHT: Just a moment, I believe
PLANNING AND ZONING COMMISSION MARCH 8, 2000
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1 there's a question. Ms. Apple.
2 MS. APPLE: YOU're probably a good person to
3 ask this to since you're the principal, and just help me
4 understand because I'm struggling with this question in my
5 mind about this case. The proposal would have been for
6 one particular business of the 50,000-plus square feet and
7 then another business, I believe it was an Eckerd's or
8 something for the 11,000 square feet. Two corporations,
9 two neighborhood-friendly businesses. A supermarket, at
10 least mine is really busiest between maybe 5:00 and 8:00
11 in the evenings when everybody, you know, gets off work
12 and runs to the store. Usually during the day, the
13 parking lot is pretty empty, at least at my supermarket.
14 When I saw this, I started thinking that would be two
15 companies, you would deal with a Wal-Mart at 50,000 and
16 the Eckerd's at 11,000.
17 With this proposal, it increases the usable
18 functioning space by 33,000 or somewhere around 30,000
19 square feet and it leads to the potential of 40 businesses
20 at 1,000 square feet or 20 businesses at 4,000 square feet
21 with random opening and closing hours which, you know,
22 could be 20 to 40 different hours coming and going with 20
23 to 40 different types of businesses with no corporate
24 go-to responsibility with probably lease spaces wbem
25 people move in and out and have no history and have no --
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Page 98
and I'm just curious, had y'all thought about that? The
fact -- because I know y'all were concerned about traffic
and, to me, I'm thinking if there's one business that
opens at 8:00 o'clock and there's -- or ten businesses
that open at 8:00, just help me.
MS. ANDRESS: well, I think the main thing
that comes to my mind is what your staff person said as
far as when it was going to be a Wal-Mart grocery store,
we were expecting at least 5,000 people a day. Now his
traffic is looking mom like 2,500 a day. So he's cutting
the number of people that are going to go down Teasley and
Teasley in half. Because these smaller stems do not have
to have as much traffic to, you know, meet the bottom
line, whatever that would be.
I think the other thing that is more
attractive about having the smaller stores or to having
Page 99
1 will have one land owner, I mean, one property management
2 company so I would imagine that if the school district or
3 somebody had a problem with it, whoever built that strip
4 center is who's going to be leasing to all those little
5 offices or whatever and that would probably be who we'd
6 deal with if there was a situation that occurred.
7 But I think the main thing is the traffic.
8 That is the main think that has scared everybody is the
9 amount of people going up and down the road and the kids
10 trying to cross and the amount of people that it would
11 bring into oar neighborhood as far as that were not there,
12 you know, neighborhood people. And so tbe traffic being
13 cut in haft is just very attractive to me.
14 MS. APPLE: okay. So the fact that the
15 traffic would be less makes you feel better even tho.gh
16 the traffic would probably be there during school hours.
17 MS. AN'DRESS: NO, I think there would be
18 people at the grocery store during the school hoars
19 because most of my stay-at-home moms, that's when they go
20 is when we've got their kids there at the school. I'm the
21 one that gets to take mine to the store with me.
22 MS. APPt,E: BUt I know it's not stay-at-home moms
23 going to the store you're worried about.
24 MS. ANDRESS: NO, that's true.
25 MS. At'et.E: And I could be mistaken but this
Page 100
smaller businesses is that they will more likely be
locally owned. It will be, you know, maybe Jan's Nail
Place and Jan lives sornewhere in Denton. MS. APPLE: Ideally.
MS. ANDRESS: Yeah. But, I mean, it will be
somebody's cleaners and we've had several people at our
school who own cleaners here in Denton so it will be
people that are more local and have more of an interest in
Denton. The money will be staying in Denton. Also, they
1 isn't necessarily going to be one property leased. It
2 could be individual businesses. Am I reading that
3 correctly?
4 MR. REICHHART: Yes.
5 MS. APPLE: Okay. Okay. Thank you. I'm
6 really struggling with that.
7 MR. ENGELBRECHT: MS. Andress, just a comment
8 with regard to your question about the uses. Do you have
9 a copy of the staff report? If you don't, if you'd see
I0 Mr. Reichhart. They can get you a copy and it's got a
11 list of the proposed uses so you could see what those are.
12 MS. ANDRESS: oh, okay.
13 MR. ENGELBRECHT: They're using Neighborhood
14 Services as a reference and then they pick some out of
15 there, so it's not all of them and they can show you what
16 those are.
MS. ANDRESS: which ones they are? Okay.
MR. ENGELBRECHT: Right. Thank you. Mr.
17
18
19 Bell.
20
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MR. MORENO: Question.
MR. ENGELBRECHT: oh, yes, I'm sorry. I
22 believe there is another question. Mr. Moreno, I'm sorry.
23 MR. MORENO: Let me just understand, Ms.
24 Andress, but do you actually prefer a strip center to a
25 single grocery store?
PLANNING AND ZONING COMMISSION MARCH 8, 2000
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Page 101
1 MS. ANDP, ESS: well, the fact that offices are
2 acceptable under a Neighborhood Service, if I understood
3 correctly, because what I had read in the beginning was
4 that part of this was going to be for professional
5 offices, and so I would prefer professional offices. I
6 mean, I think that those have the least amount of traffic
7 so the more of those that go into this, I think would be
8 the better. But I think that -- because they would have
9 the least amount of traffic, as well as trash and stuff
10 like that.
11 MR. MORENO: okay. Thank you.
12 MR. ENGELBRECHT: Okay. Thank you. Mr. Bell,
13 and then I'll be calling on Tommy Thompson.
14 MR. BELL: My name is David Bell. I live at
15 1020 Ellison Park Circle. This is a new area of Denton, a
16 newvision, anewplan. I came to Denton in1991as a
17 student. I met my wife. I stayed. I stayed because
18 there was a sense of neighborhood. School, park, church,
19 children, library, home, that's what I see when I walk
20 out. That's what I see when I take a stroll with my wife
21 and my dog down the street. What I'm asking is that you
22 support the rezoning of this property to ensure
23 compatibility of land use, to support the neighborhood
24 that exists, to support the school, and to support the
25 vision of Denton.
Page 102
1 There are three points that I'd like to make
2 with regard to change or support. One of them is to
3 reduce the maximum single building item, I guess the
4 question around the single strip center. I don't agree
5 with staff recommendation. I think that needs to be
6 changed. The second one is to eliminate the north side
7 curb cut for the safety of the children and for traffic
8 purposes which would, from a walkway standpoint,
9 significantly eliminate the risk to the children as they
10 walk through to the Wind River development. Third, I also
11 support the time to review this plan by the School Board.
12 Thank you.
13 MR. ENGELBRECHT: Commissioners, any
14 questions? Thank you. Mr. Thompson, and then I'll be
15 calling on Gene Price. Yes.
16 MR. THOMPSON: I'm Tommy Thompson. I live
17 within the 200-foot zone radius. I did receive a
18 registered letter, sent it back in. I didn't mark it for
19 or against because I didn't know enough about the proposal
20 to answer the question at the time. I do want to state my
21 formal position that I am in favor of the zoning change.
22 We're looking at a piece of property here that was zoned a
23 long time ago and those old zoning judgments are
24 inconsistent with the neighborhood that's grown up around
25 this property. I think if you look at the Comprehensive
Page 103
1 Plan that exists now, we have the opportunity to catch
2 this one and put it into consistency with the
3 Comprehensive Plan. And I would urge you to do that
4 through this zoning change.
5 I think the staff has done an excellent job at
6 listening to the community as we've had oar many community
7 meetings and I applaud their design to rezone the plan. I
8 think, as has been stated, there are a couple of things
9 that need to be looked at but, basically, a rezoning
10 around this plan makes a lot of sense to me and I support
11 it as a resident within 200 feet.
12 MK ENGELBRECHT: Ally questions,
13 Commissioners? Thank you. I do have a number of cards of
14 individuals who are indicating support but do not wish to
15 speak and I will review those momentary. But is there
16 anyone else who would like to speak in favor of this
17 petition? Anyone else to speak in favor of the petition?
18 Yes, sir.
19 M~. CARCIERI: My name is Nori Carcieri. I
20 spoke with you-aH last time. Frankly, I don't understand
21 why we're still talking about this. I mean, we've had 800
22 people already give a petition about rezoning this. We're
23 concerned about the safety for the children. We had a
24 four to two vote at the City Council. Wal-Mart is a mass
25 merchandiser and they have one full operation that's just
Page 104
1 not conducive to that piece of property at this time.
2 It's changed. The neighborhood has grown up around it.
3 It's residential. We've got a safety factor for the
4 children, which is the main cause of it. You're going to
5 have the dirt and the extra traffic with deliveries
6 all-night grocery stores bring.
7 You know, tractor trailers in and out over
8 there during the night when they have to restock the
9 stores, because that's when they would restock when their
10 customer count is down.
11 They're just not giving a thought to the
12 neighborhood. As soon as they don't make numbers on a
13 quarter, that store could be abandoned and they would just
14 go open up right across the street. They do it every day.
15 You know, we work with Wal-Mart. We rent a lot of their
I stores in different parts of the country. I'm with Sally
17 Beauty Company and we have just as many stores as they do.
18 We do the same thiug. We go into an area. Wepullthe
19 demographics. We look at the income of the ama, the
20 customer count, the potential customer count, and that's
21 mainly all they look at. Believeme. I was sitting in a
22 real estate meeting today for two hours looking at
23 locations in Illinois and we do the same thing they do,
24 the same identical thing.
25 There's no regard for the neighborhood or any
PLANNING AND ZONING COMMISSION MARCH 8, 2000
Page 101 - Page 104
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1 of that kind of staff. It's nmnbers and when the numbers
2 are over -- if they make the number, they make the number.
3 If they don't, they walk away just like Food Lion did to
4 the north end of town.
5 I llke Wal-Mart. I believe it's a tremendous
6 company, tremendous. But certain areas mature, and after
7 those areas mature, you have to look at areas that are
8 conducive to that kind of operation. That's all. That's
9 all we're saying. Thank you.
10 MR. ENOELBRECHT: okay. Any questions? Thank
11 you. Mr. Price, did you want to speak in support? There
12 wasn't a mark on your card.
13 MR. PRICE: opposition.
14 MR. ENOELBRECHT: okay. Well, I'll mark it
15 that way and you'll have the opportunity in a moment.
16 MR. PmCE: okay. I wasn't sure which way
17 y'all were going on it.
18 MR. ENGELBRECHT: Well, we'll have opposition
19 in a minute.
20 MR. PRICE: okay.
21 MR. ENOELBRECHT: okay. Just hold on, please.
22 Is there anyone else who would like to speak in support of
23 this petition? Yes, sir. If there's anyone else who
24
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Page 107
1 Maria Cartwright says, I support the rezoning of this
2 property. By removing the Commercial zoning, you will be
3 maintaining our children's safety. Lynn Thompson, support
4 the mzoning to Conditioned Office and Neighborhood
5 Services. Sharon Key, I support rezoning Teasley to
6 office park that will have minimum traffic for an already
7 congested area. Something compatible with the school and
8 residential area. Sheila Bell, I support the rezoning
9 located at the southwest comer of Teasley. Judi
10 Bradetich, I support the rezoning, non-commercial use in
11 order to maintain the safety of the children and families
12 who attend Sam Houston and use the South Branch Library.
13 Janet Hutchison, support for change to professional
14 offices. Hope Baker, support zoning change to either
15 residential or small professional to limit traffic. Nori
16 and Bunny Careieri, I am for the rezoning of this property
17 to professional conditioned offices. And that concludes
18 public input in support.
19 At this time, I do have a number of cards of
20 individuals who indicated they would like to speak and are
21 in opposition. First off, we have Cary Moon. And, again,
22 I'll remind everyone if you could give us your name and
23 professional address, business address if you have -- if
wants to speak in support, if you would come on down, we'd
appreciate it.
Page 106
MR. ESPINOSA: My name is Bill Espinosa. I
live at 804 Smoke Rise in Denton. And you have a card
there. And I don't really want to go into detail about
anything in particular but I've heard already that there's
24 that's --
25 MR. MOON: Okay. My name is Cary Moon. What
Page 108
I I'd like to do is kind of trade out a position with
2 another gentleman to address Mr. Williams' question about
3 the history of how the property was switched over and it
4 kind of sets the stage for --
a lot of people even in our community that are uninformed
about this staff proposal. And if you could allow us some
more time, I think that the -- when Teresa Andress spoke
about giving us some more time to look at the staff
proposal and present it to the community in the planned
MR. ENGELBRECHT: For your comments?
MR. MOON: Yeah, for my comments.
MR. ENGELBRECHT: All right. That's fine.
MR. MOON: Thanks.
MR. DAHLSTROM: Mr. Chair, Commission, my name
meeting on April 1 lth, I think, I think it would allow us
to be better to respond whether it's supportive or
opposing it bex:ause, just as you are, I don't think we're
-- you're probably more informed than we are. So I would
just ask that you allow us to have some time to look at
this staff proposal and give us an extension.
And I am supporting rezoning because the mass
merchandising center is just not a good fit in that
location. And I think we all know that and I just ask
that you would work toward rezoning it to something that
is more conducive and fitting to the area. Thank you very
mnch.
MR. ENGELBRECHT: Thank you, sir. Anyone else
to speak in support before I review the cards? Okay. In
that ease, I will go over your comments if you had any.
In support but not wishing to speak, Marilyn Espinosa.
10 is Bill Dahlstrom, 1445 Ross Avenue. I'm representing the
11 owner and the prospective developer of the property and,
12 as has been noted, we did submit written opposition to
13 this request earlier. The owner had acquired the property
14 with the expectation of it being developed as proposed.
15 For this reason, we are opposed to it.
16 In specific response to Mr. Williams' request,
17 it's my understanding that in 1988, the Denton Fire Chief
18 contacted the owner. The Fire Department or the City had
19 owned the orange triangle and was proposing to build a
20 fire station on that triangle, but they needed the Teasley
21 Lane fight-of-way in order to get a larger site to build
22 the fire station. And they contacted the owner because
23 the property was TXDOT property and they needed to contact
24 the owner in order to get the owner to consent to the
25 abandonment of Teasley, as is required under State law.
PLANNING AND ZONING COMMISSION MARCH 8, 2000
Page 105 - Page 108
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Page 109
1 The owner met with the Fire Chief and suggested that they
2 swap the land such that the owner would get the property
3 at the comer and the owner would give to the City some
4 acreage at the soutbem end of this property. The swap
5 was basically -- the property owner received 1.962 acres.
6 The City received 2.83 acres, as well as an access
7 easement for the Fire Department. And the owner did that
8 without requesting any monetary consideration. And
9 several years later, the owner gave the school district an
10 easement without asking for monetary consideration at all.
11 A couple of comments also, there's been
12 discussion about a mass merchandise center here and a
13 large Wal-Mart type store, which I'm sure y'all are
14 familiar with this is not that kind of use that was
15 proposed earlier. We are talking about a grocery store so
16 it's not the mass merchandising facility that has been
17 referred to. At this point, I'd like to turn it back over
18 to Mr. Moon. The developer has been trying to ad&ess as
19 many of the comments that we have received from the
20 neighborhood as possible. They have gone way out of their
21 way and, yes, they have paid attention to the conunents
22 that have been made. They have tried and tried to ad&ess
23 the conunents that have been raised. And I think you will
24 agree after you see what they have proposed that they have
25 tried to accommodate the concerns. With that, I'd like to
Page 110
1 turn it back over to Mr. Moon. Thank you.
2 MR. ENGELBRECHT: All right. Thank you. Yes,
3 Mr. Rishel.
4 MR. RISHEL: I'd like to request that we have
5 two speakers here, I'd still like to see the time being
6 going forward.
7 MR. ENGELBRECHT: okay. I'm sorry, I didn't
8 notice the clock wasn't going. Go ahead.
9 MR. MOON: Thank you. My name is Cary Moon.
10 I'm with Sheldon Development Company at 14643 Dallas
11 Parkway, Suite 910. What I want to present tonight is
12 basically go over what we had gone over on the November
13 10th P and Z meeting and try to show progress since we've
14 last met. As everybody knows, this is the existing PD
15 that's in place today. This is the site plan that shows
16 the 52,000 square foot Wal-Mart with the 11,000 square
17 foot Eckerd's Drug Store. This is the site plan that we
18 presented to P and Z on November 10th.
19 Prior to the November 10th meeting, we did
20 have two neighborhood meetings to address any outstanding
21 issues or any comments that the neighborhoods might have
22 had. We took into all considerations those comments.
23 After the November 10th meeting --
24 MR. WILLIAMS: EXCUse me, Mr. Chairman, is
25 this about a site plan or is this about rezoning?
Page 111
I MR. ENGELBRECHT: well, I think that in this
2 particular case, it is rezoning but he's, as part of his
3 presentation with regard to the opposition, he's showing
4 the site plan that he had proposed in November, I believe.
5 Is that not correct, Mr. Moon?
6 MR. WILLIAMS: I understand that but, to me,
7 that's past. That's not on the Agenda. The Agenda has to
8 do with -- I'm asking the Chairman to ask the speakers to
9 stay with the Agenda that we have tonight. If they decide
10 to bring a site plan back, we'll listen to that, but I
11 want to hear something about zoning.
12 MR. ENGELBRECHT: I will take that into
13 account to the extent that I would ask him to rapidly
14 explain how this relates to the opposition to this
15 particular case.
16 MR. MOON: Okay. In opposition to the case of
17 rezoning, what I'm trying to do is to show members of the
18 Council and to the neighborhoods and to the school
19 district that the plan that we want to present and propose
20 is a lot better plan than what staff is proposing.
21 MR. ENGELBRECHT: Okay. And I think that
22 pretty well wraps that up unless you have anything else to
23 say about it. I would suggest that you might want to talk
24 with Ms. An&ess here. There was a PTA meeting that
25 they're going to have on the I lth or something and
Page 112
1 certainly there would be an opportunity to speak to a
2 number of the residents then.
3 MR. MOON: okay.
4 MR. ENGELBRECHT: SO your opposition is
5 registered and if you don't have any other particular
6 comments --
7 Ma. MOON: well, I think I've got one piece of
8 information that's important that needs to be presented
9 that you guys have not seen, the new site plan that we are
10 proposing to go forward with.
11 MR. ENGELBRECHT: well, I don't know that --
12 it appears that they would rather not see that at this
13 time simply because it's not going to impact their
14 decision on whether to go yes or no with this one.
15 MR. MOON: okay. It's a lot smaller than what
16 you anticipated.
17 MR. ENGELBRECHT: And I would say this,
18 however, if you have a small rendering and you want to
19 pass it around.
20 MR. MOON: Okay. Sure.
21 MR. ENGELBRECHT: I think that would be
22 appropriate. And while you're doing that, do you have any
23 other comment? If you want to just hand that out, I'll go
24 ahead with the next person.
25 MR. MOON: It'S a large-seale.
PLANNING AND ZONING COMMISSION MARCH
8, 2000 Page 109 - Page 112
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Page 113
1 MR. ENGELBRECHT: okay. All right, ff you
2 want to hand that around. They can pass it around hack
3 here and look at that. And we'll get on with the next --
4 we have another individual who wants to speak in
5 opposition, Tom Galbreath.
6 MR. GALBREATH: 'thank you. Mr. Chairman, for
7 the record, my name is Tom Galbreath. I'm a consulting
8 engineer, land planners, landscape architects, and
9 surveyors. We're representing both Eckerd's and Wal-Mart.
10 I am going to keep it relevant to the case that's at hand
11 tonight. I appreciate your comments that we're not here
12 to review Wal-Mart. My only comments towards the Wal-Mart
13 and the Eckerd's are going to be relative to what you're
14 judging against which is what staff proposed, and I think
15 that's relevant.
16 Okay. What I'd like to do is make some
17 statements up front that say that I understand the goal
18 heave is for staff to como up with a mom compatible land
19 use, in their opinion, for the neighborhood and for the
20 school. What I want to do is challenge each of you, and
21 I'm glad Ms. Apple said it because it came from her mouth
22 before mine, and Mr. Moreno's, you're right on target with
23 your thinking from my perception as a land planner in
24 understanding how retail develops and how it functions.
25 I would maintain that the development, under
Page 115
1 two different developers. You have a greater opportunity
2 then for drainage problems where he's looking after his
3 little piece but not the big picture, and it's easier to
4 make mistakes when development is fragmented.
5 You're going to have small start-up
6 businesses. You're encouraging smaller users, people that
7 are starting their business for the first time. They're
8 going to have a greater rate of failure. You're going to
9 have a high turnover and especially in a down economy,
10 which we haven't seen, but I remember '87 and there's a
11 lot of strip retail that went vacant. So you're setting
12 yourself up for that potential.
13 And the other thing is what the principal
14 said. She talked about the other plan being whatever and
15 that's just right. You don't know what whatever is.
16 We're here to tell you what we would do today and control
17 that type of development.
18 Now, those are bold statements and let me walk
19 you through the staff report and see if I can prove my
20 case. Let's start with the building sizes and the square
21 footage. 86,200 square foot was held to because that was
22 what the PD size was. We're proposing with the downsizin
23 of the store from a 52,000 proto to a 41,000 proto, 52,978
24 square feet. That represents a 38 pement reduction in
25 total square footage on the property or 33,222 square
Page 114
1 the guidelines proposed by staff, will potentially, not
2 automatically, potentially generate mom traffic. You'll
3 have multiple refuse containers which was a big concern to
4 the elementary school. You'll have more opportunity for
5 AMP conflicts with the school which was a big concern, as
6 opposed to what we're developing where our peaks are off
7 the peaks from the elementary school. We would peak out
8 in the morning probably between 10:00 and 12:00, in the
9 evening between 4:00 and 6:00. School would obviously
10 peak from probably 6:30 to 8:30 and then from 2:30 to
11 4:30.
12 The other conflicts that I see is you have
13 multiple loading and unloading areas. They might not be
14 as large, but you'll certainly have more of them and
15 they'll be less controlled. You have two stories versus
16 one. You have a highly increased chance of fragmented
17 development and that's going to be reflected throughout
18 the entire development.
19 This property does have drainage problems.
20 We're prepared to address that for the 100-year stoma with
21 a detention basin. You're looking at two different types
22 of developments, general retail and office. You're
23 looking at two different types of developers, perhaps.
24 Maybe you'll be lucky enough to get one and it would come
25 in as a cohesive plan. But I would bet that it would be
Page 116
1 feet.
2 Let's talk about trips per day. Based on your
3 own staff analysis, the trips per day that are generated
4 by this particular development is 2,494. If you apply the
5 same numbers that they judged us on in November, our trips
6 are 2,172, 322 less trips per day.
7 They recognize, regardless of what type of
8 development it is, all access basically has to come from
9 the three streets and that's not because they want to make
10 that happen next to this elementary school, it's because
11 the loading needs to occur where your median openings are.
12 So regardless of the development, they're proposing the
13 same type of access that we were. Landscape, we met or
14 exceeded. And, of course, they're asking you to at least
15 meet that criteria.
16 One other thing I'd like to touch on are the
17 land uses. I touched on it lightly. I think there's
18 about five on them that are unlikely to happen just due
19 to economics of a comer like that. Unless the City's
20 prepared to purchase it, you're not going to get
21 community-type developments, swimming pools, parks or
22 playgrounds. The market isn't going to allow that. The
23 other thing that I would --
24 MR. ENGELBRECHT: I have one question with
25 regard to that. I had three minutes on my clock and he
PLANNING AND ZONING COMMISSION MARCH 8, 2000
Page 113 - Page 116
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Page 117
1 should have had five. So I don't know how that happened.
2 Would you reset that for two minutes, please.
3 MR. GALBREATH: Thank you. I thought
4 something seemed strange there. What I did was I took the
5 land uses that were given, the 20, although I think it's
6 more like 15, and tried to apply what the trip generation
7 might be. And in doing that, what I looked at was a
8 high-quality restaurant for purposes of illustration, like
9 a Macaroni Grill, something where you sit down, it's not
10 take-out. And assume that's 6,000 square feet that
11 generates potentially 90 trips per 1,000 square feet, 540
12 trips. Now, let's assume a moderate-quality restaurant.
13 That could be anything from a bagel -- a bagel house
14 anymore is not just bagels, they sell sandwiches and are
15 very popular. It could be a Fresh Choice, which is a
16 buffet for -- I don't know if you have one in Denton but
17 it's very popular in Fort Worth, very upscale, very
18 attractive, but they generate anywhere from 150 to 350
19 trips per thousand square feet. And let's fill the rest
20 of it in with retail. That left me 35,200 of the 40,000 I
21 had to work with. There's 1,443 trips. Top it off with
22 the office is 600 trips. Suddenly, I'm up to 3,833 trips.
23 Our goal here was to keep traffic under control for
24 safety. It may not develop out this way but it's very
25 realistic that it could.
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Page 118
The bottom line here is we feel like with an
overall two entities known, you have a better chance of
controlling the environment for all the concerns mentioned
than you do in letting it be a fragmented development
where it's somewhat of a free-for-all as to how all this
can happen. I know the intentions were good, but I don't
think the market will allow you to fulfill your goals with
the way this is written. We feel like we have the right
to come onto this property and do a development. We're
willing to work with people and see that we can have a
development that everybody can agree to.
I also will mention that I have with us
tonight Caroline Shalhom. She's real estate manager for
Wal-Mart and in charge of this specific property. Thank
you.
MR. ENGELBRECHT: Okay. Thank you. I believe
Page 119
I MR. WILLIAMS: okay. How far do you live from
2 the nearest grocery store?
3 MR. GALBREATH: From the nearest grocery
4 store, I live a mile-and-a-half.
5 MR. ENGELBRECHT: MS. Gourdie.
6 MS. GOURDIE: HOW many of these stores have
7 you opened?
8 MR. GALBREATH: I'm sorry?
9 MS. GOURDIE: HOW many of these Wal-Mart
10 grocery stores have you opened?
11 MR. GALBREATH: Caroline might be a better
12 person to address that. They've opened more in Oklahoma
13 at this point than they have in Texas.
14 MS. GOURDIE: well, I guess the reason why I'm
15 asking that is you give statistics on intensity and
16 traffic issues and so forth, and I would like to know what
17 the numbers are on existing buildings that are in use as
18 to what the real traffic count is and what the reality is
19 versus the technical side of it. So if she has that
20 information -- no, she doesn't. Okay. I think that that
21 information is very important, it's the reality issue
22 versus the subjective issue of the information you base
23 upon the City's statistics. They're two very different
24 things, the reality is of a grocery store versus intensity
25 talk. So I would like to have some concrete numbers.
Page 120
1 MR. GALBREATH: I couldn't agree more. I
2 think what we are presenting is reality and I would hope
3 that you have a better opportunity to control the things
4 you're concerned about.
5 MR. ENGELBRECHT: Before you leave, I was
6 looking -- I had to look up a paper here, when you
7 indicated your trip generation on this new plan, what did
8 you say it was?
9 MR. GALBREATH: For our development?
10 MR. ENGELBRECHT: For that proposal that --
11 no, the one that you had back here that was being handed
12 out.
13 MR. GALBREATH: Based on the staff report from
14 November, they were accessing 41 trips per 1,000 square
15 feet, so we came up with 2,172.
16 MR. ENGELBRECHT: okay. All right. Thank
we have some questions. Mr. Williams.
MR. WILLIAMS: Yes. Do you live in Fort
Worth? You didn't give your address.
MR. GALBREATH: I'm sort~. 1501 Mcrrirnac
Circle. I live in Fort Worth, Texas.
MR. WILLIAMS: Okay. But you don't live at
Merrimac Circle though, do you?
MR. GALBREATH: That's our business. I live.
in Fort Worth.
17 you.
18 MR. GALBRE~TH: Also just FYI, a lot of people
19 can't get out of their head that this isn't a Wal-Mart
20 store. Here's pictures of an actual neighborhood market.
21 MR. ENGELBRECHT: Pass that around. Fred
22 Gossett. Thank you.
23 MR. GOSSETTi Good evening, members of the
24 Commission. My name is Fred Gossett. I live at 3625
25 Serendipity Hills Trail, Corinth, Texas. I'm responding,
PLANNING AND ZONING COMMISSION MARCH 8, 2000
Page 117 - Page 120
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I of course, to the notice of the public hearing of property
2 owners within a 200-foot distance to rezone the 8.3 acres
3 in question.
4 First of all, I'd like to say that this is a
5 very emotional issue. I have great sympathy for people
6 that will be affected. However, in my opinion, this is
7 not the case. First, I'm not here to speak on behalf of
8 the owner, the purchaser, or the development company. I
9 am here as one who owns lands in the city of Denton. And
10 as much as this is a case, I am vigorously opposed to this
11 effort to rezone the property in question without the
12 consent of the owner. This action equates to the taking
13 of property without payment. Furthermore, this effort, if
14 successful, should sound a huge alarm to anyone owning
15 commercial property in Denton that if the City doesn't
16 like your project or what your property is zoned for, then
17 it could just rezone and throw out years of planning, not
18 to mention the expense and time involved in zoning,
19 platting, and developing any given site.
20 If the effort to rezone this property should,
21 by any stretch of the imagination, be successful, it
22 should put fear in the hearts of the small landowners in
23 this community, the very ones that do not have the
24 resources to fight the process as do the owners of the
25 property in question. This attempt to rezone flies in the
Page 122
face of anything that is honorable and I say that it is
Page 123
I of the School Board, pursuant to our meeting last night,
2 to request that final consideration by the Planning and
3 Zoning Commission be postponed or tabled until such time
4 that the school district has some opportunity to go
5 through and do a comprehensive analysis of the particular'
6 zoning request that you have before you.
7 I think there's a lot of questions that have
8 been raised by the Commission tonight that help underscore
9 some of that issue. In the past, zoning requests that
10 have come before the City, the district had stated
11 opposition to those and the primary reason was the
12 intensity of the land uses that were being proposed.
13 Again, it was the Board's discussion and
14 feeling that we have 700 students that are neighbors,
15 elementary school age kids, and it would be a
16 responsibility of the school district to provide as much
17 as much due diligence as possible to review and analyze
18 the request that's coming before you. At that point, I'd
19 be happy to entertain any questions that the Commission
20 may have.
21 MR. ENGELBRECHT: Commissioners, any
22 questions? Thank you. Curtis Ramsey.
23 MR. RAMSEY: commission, Chairman, I'm Curtis
24 Ramsey and I reside at 2028 Burning Tree Lane here in
25 Denton. And I appreciate the opportunity to speak to you
Page 124
1 and to the Commissioners of the Planning and Zoning
1
2 wrong, especially since the property was zoned and
3 development plan put in place and sanctioned by the very
4 City that is attempting this maneuver.
5 I trust that you as a Planning and Zoning
6 Commission will send a strong message to the City Council
7 that this sort of action should not be allowed to happen
8 anywhere, especially to the land owners in the City of
9 Denton. Thank you.
10 MR. ENGELBRECHT: Questions? Thank you.
11 MR. GOSSETr: You're welcome.
12 MR. ENGELBRECHT: This says -- oh, does not
13 wish to speak. Todd Patton.
14 MR. PARTON: chairman, members of the
15 Commission, I am Todd Patton. I'm with the Denton
16 Independent School District, address 1307 North Locust,
17 Denton, Texas. I know you have before you a copy of a
18 response from the Board of Trustees. We did meet in
19 session last night and that was one of the items that we
20 had on our agenda for discussion.
21 The school district is a property owner within
22 200 feet of this particular petition and the school
23 district, as standard any other citizen within the City,
24 has the option to respond and is dually exercising that
25 right. No more, no less. It was a discussion and feeling
2 Commission. It's with a little bit of tmeasiness that I
3 find myself at the podium speaking on the same subject as
4 the Wal-Mart representatives, as if I was speaking on the
5 same side of the argument. And, technically, I guess I am
6 in the sense that I'm coming to oppose this proposal
7 tonight but in a very specific way.
8 I'm reminded of the epic tale of Roland at the
9 Pass at Rosovalls, holding back the hoards of the
10 Barbarians and, thus, saving western civilization, or so
11 the story gees. But I'm not Roland and there are no
12 Barbarians here. Well, maybe a few. It is said that a
13 culture is measured by the manner in which it treats its
14 children. And Denton doesn't speak for the whole American
15 culture for, in fact, we are decidedly diverse and
16 celebrate that diversity in our multi-cultural character.
17 But I can and I shall speak to the interest of children
18 and others have done so even more eloquently tonight than
19 I shall. But I am one of the seven trustees of the Denton
20 Independent School District and it isn't in that respect
21 that I speak to you tonight, but as an individual because
22 you know we only speak as a total group.
23 While the present proposal for downsizing,
24 Case No. Z-00-003, appears to be a vast improvement over
25 the older designation for this same site, ~'O-16, Denton
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Independent School District's Board of Trustees has had I is there a way that we can all help everyone out and save
insufficient notice and presentation of detail on the 2 everybody's time. Is there a chance this can be delayed
refined zoning designations of Conditional Office and
Neighborhood Service to be able for us to render an
informed judgment. As late as 3:00 p.m. yesterday
afternoon, we had not received the details of this
proposal. Materials were handed to us last night as our
meeting began and, of course, there was not adequate time
for our deliberation. Just as the P and Z members tonight
are asking for more information which must be researched
than we have had time for, and I think Mr. Williams spoke
to that quite eloquently.
The compatibility of proposed land usage with
the neighboring Sam Houston Elementary School remains our
highest concern. As our Director of Planning, Mr. Todd
Parton, already has presented to you, with the arrival of
the backup material late yesterday afternoon, it was
impossible for proper deliberation to take place. I
reiterate from the letter that Mr. Parton delivered to you
from our Board President, Dr. Jim Alexander, requesting
that you defer consideration of Z-00-003 until the Board
of Trustees of the Denton Independent School District
properly can deliberate and officially respond to the
substance of the zoning consideration. I think we approve
whole-heartedly the concept of the downsizing here. I
3 to Council?
4 MR. POWELL: Yes. ! think the other
5 alternative is if it went to Council, they obviously could
6 hold it over for a meeting. I guess the other solution is
7 that in that interim time period that the School Board or
Page 126
think that is an essential factor to be considered. We
applaud that. It's the details of it that we can not yet
unravel, as you, yourselves, have indicated.
And we request that you defer action on this
until we have had a chance to respond to it in a more
official fashion.
MR. ENGELBRECHT: Are there questions? While
you're here, let me ask staff a question. If this goes
out of P and Z tonight, what was the scheduled date for
Council?
MR. ?OWELL: April 4th.
MR. ENGELBRECHT: April 4th. I'll ask this at
this point in time, is there a chance if that goes out of
here that that could be delayed to Council in order for
these folks, we're talking here about the school district,
also the parents at Sam Houston and others would like to
get more ~nformation with regard to this. And I ask that
for this reason, I don't think we want to sit here and go
through this again at this level and I don't think you-all
want to come back down here through a public hearing of
two hours waiting an hour-and-a-half or two hours before
it's on the Agenda.
MR. RAMSEY: Anythne. Too much is at stake
here. I'll be back anytime.
MR. ENGELBRECHT: well, I recognize that but
8 the PTA have a special-called meeting.
9 MR. ENGELBRECHT: Those sound good but they're
10 tough to do. I've been on that level. Is it possible
11 that we make a recommendation that it be delayed? If we
12 send it out of here that it go to Council at a later date,
13 that it be scheduled for a later date to Council than
14 what's on the plan.
15 MR. POWELL: I don't know of any reason why
16 you couldn't do that.
17 MR. SNYDER: Are you saying if you make a
18 recommendation tonight, along with that recommendation,
19 you recommend that it go to the Council at a date later
20 than April 4th; is that what you're saying?
21 MR. ENGELBRECHT: Right. That, in essence --
22 in the event that it goes out of here, that we could also,
23 is it within our purview to make a recommendation that it
24 be delayed to Council so that these folks would have an
25 opportunity to address it with their particular
Page 128
1 constituencies and still have time to go to the Council
2 meeting.
3 MR. SNYDER: Yeah. I think you can make the
4 recommendation. I don't know that it would be binding on
5 the City Council.
6 MR. ENGELBRECHT: okay. All right.
7 MR. RAMSEY: May I respond to that?
8 MR. ENGELBRECHT: Please, if you have a
9 comment.
10 MR. RAMSEY: It might well be that the Board
11 of Trustees would not oppose this proposed downsizing and
12 new zoning, had we had time for the adequate
13 deliberations, and that's the substance of my concern.
14 MR. ENGELBRECHT: Exactly.
15 MR. RAMSEY: That we do have that concem and
16 that we have an opportunity to bring back to you, as the
17 Planning and Zoning Commission, our detailed response.
18 MR. ENGELBRECHT: well, the reason -- no,
19 that's fine.
20 MR. SNYDER: A thought just came to mind.
21 Even if this went to the City Council on April 4th, Mr.
22 Ramsey, I suppose, could make the presentation to the City
23 Council to table that, as well -- at that meeting, as
24 well, so you'd have additional time. The fact that it
25 would come from the P and Z doesn't necessarily mean that
PLANNING AND ZONING COMMISSION MARCH
8, 2000 Page 125 - Page 128
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1 it would ultimately be decided by the City Council on
2 April 4th. That thought just occurred to me.
3 MR. RAMSEY: well, I think my point was we
4 would like to be able to leave with you a very deliberate
5 and thoughtful consideration on the proposal which is
6 before you. And I think you need that kind of input,
7 since we're one of the major property holders in
8 relationship to this property, and we simply cannot do
9 that in this time frame.
10 MR. ENGELBRECHT: Okay. Ms. Gourdie, did you
ll have a question?
12 MS. GOURDIE: Well, actually I have a comment
13 towards that. I also realize that we have verbatim
14 minutes taken here. Public input is word-for-word. At
15 the City Council meeting, it just says 50 people spoke in
16 opposition. And I think it's important that this forum be
17 verbatim so we really know what everyone knows, what
18 they're talking about. And I would hate to deny anyone to
19 change their mind and not have it on public record.
20 MR. ENGELBRECHT: okay. Thank you. Richard
21 Hayes.
22 MR. HAYES: Good evening. Mr. Chairman,
23 members of the Commission, I'm Richard Hayes. I live 819
24 West Oak. I'm not here to speak for the petitioner or the
25 landowner. I am here to tell you that rezoning is a bad
Page 130
1 idea and I'm opposed to it. If you think in terms that a
2 landowner has to be able to rely on how his property is
3 zoned, a buyer has to be able to rely on how a property is
4 zoned. It takes years to zone, to market, to analyze, to
5 develop, build, and then lease a piece of property.
6 Landowners invest thousands of dollars in holding costs,
7 in paying taxes, in keeping it mowed for the City, in
8 marketing their property and having the surveying and the
9 engineering and the marketing analysis studies done.
10 And then during the middle of a -- essentially
11 a platting process because we were downzoning -- it was
12 the use that was allowed and we're going to downzone that
13 which was there, the City initiates a rezoning. I find
14 this to be chilling. Property is valued on its use. You
15 know, appraisers, they look at highest and best use. Is
16 it commercial? Is it retail? Is it residential? What is
17 the market demand for that? And when the use is changed,
18 against the wishes of the owner, and then we limit the
19 types and the methods by which that property can be used,
20 it affects the market value of the property dramatically.
21 For years, property taxes have been paid on this property
22 on its current zoning. The City gladly accepted those
23 dollars. Now, after about nine years, the City decides,
24 unilaterally really, to make this material change.
25 The second point I'd like to make is that the
Page 131
1 conditions are a bad idea. What I heard tonight was that,
2 well, we're going to leave the 80,200 square feet, yet
3 inside that square footage, we're going to limit how large
4 your business can be. Now, think about this. If it was a
5 physician's group, I can think of three or four
6 physician's groups in town that would be outstanding
7 neighbors in that community that are too large with your
8 10,000 square foot limitations.
9 There are a number of law firms in town that
10 could not exist in that square footage. And you know what,
11 our trips per day would be a Whole lot less
i12 retail that I hear that would go into this space. Same
13 thing would be for a real estate company.
14 The second thing you're doing is you're limiting a
15 business' ability to grow and be successful, because if
16 you go in at a certain square foot, 4,000, 10,000,
17 whatever category you fall in, and that business succeeds,
18 we're going to keep you from enjoying that success from
19 your hard work and limiting your growth.
20 Please reject this rezoning. I do believe
21 it's a good idea that if more information is needed, to
22 provide that to people. The school district has made a
23 reasonable request in that regards. But this rezoning,
24 uninitiated by a landowner, during the middle of a
25 process, is bad public policy. It's chilling that during
Page 132
1 a project, in the midst of it, that the City would
2 initiate a rezoning against the wishes of a landowner.
3 Thank you.
4 MR. ENGELBRECHT: Any questions,
5 Commissioners? Thank you. Gene Price.
6 MR. PRICE: Yes. My name is Gene Price. I'm
7 at 725 Chisholm Trail. I am getting sick and tired of the
8 school district running the City. Unless we're going to
9 combine the two and make one board, we need to have the
10 City do their job and the school district do theirs. It
11 seems like every time we come to these things, we've got
12 to say, well, what does the school district want?
13 Whatever they want, they get.
14 Also, this is free market enterprise. I'm
15 concerned that the City of Denton is trying to make a
16 socialist city and control business and tell them what to
17 do. And I'm tired of these taxing entities like the
18 University of North Texas employees and the school
19 district and these type people trying to make these
20 businesses out to be bad people. It reminds me of times
21 where people have been discriminated against in the past
22 because of who they are. We are discriminating in the
23 City of Denton right now based on whether you're a
24 resident or you're a business. If you're a business and
25 we decide, uh, we don't like you so we're going to get rid
PLANNING AND ZONING COMMISSION MARCH 8, 2000
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Page 133
I of you. But we like you, but we're going to keep you. I
2 mean, the free market works. We have a growing economy
3 right now. The reason is we've had free market and
4 businesses have been able to boom and bust and operate.
5 If we limit these businesses, our economy is going to go
6 straight in the hole.
7 The other thing is this area, this school
8 district, this school worked very hard to get rid of
9 Denton West Mobile Home Park as part of their school area
10 and they made them go to McNair. This school in the past
11 has gotten exactly what they want and I think it's time
12 that this business gets what it wants and this school have
13 to suffer a little bit because the rest of the schools
14 around the City have had to suffer and make due with
15 things and it's time this one does, too. These people
16 have bought this property in good faith and, like the
17 earlier speaker said, we're basically stealing from them.
18 We've stole those tax dollars for all those years and now
19 we're going to tell them, well, we're glad we got your
20 money then, but now that you want to make some money,
21 that's not okay. It's okay for us to make money but not
22 you to make money. And I think that sends a real bad
23 message, as the earlier speakers mentioned.
24 And this second-class citizenship for Wal-Mart
25 and some of these other businesses, like the student
Page 134
1 housing, that was zoned Multi-Family and then basically,
2 well, the neighbors don't like it so, okay, we're going to
3 get rid of that business because we don't like it. I
4 mean, where does this stop? I mean, do we decide, well,
5 we don't like this doctor, do we not let him come in? Do
6 we not like this lawyer so we're not going to let him
7 build here? I mean, we don't like you so we're not going
8 to let you build a house where you want to build. I mean,
9 where does it stop? I mean, we really have a problem
10 here. And as they've mentioned, this is a small grocery
11 store. It's not a super center like what's out on the
12 Loop. And this, in my opinion, would help alleviate some
13 of the traffic down to the Alberton's and the Wal-Mart.
14 You can go ahead and get your groceries right there.
15 The other thing that I really want to say is I
16 really think we may have a Constitutional problem here
17 because we're not letting these people operate in the free
18 economy. Because they bought it in good faith and I think
19 we're lying to them and saying, well, we know you bought
20 it in good faith but now we're changing the rules. It
21 reminds me of Washington politics. Thank you very much.
22 MR. ENGELBRECHT: Thank you. Is there anyone
23 else who would like to speak in opposition? Yes, sir.
24 MR. RIVERS: commissioners and Mr. Chairman,
25 my name is Marty Rivers. I live at 2000 Whitefish Court
Page 135
1 in Denton, Texas in Wind River Lane. And, first of all, I
2 want to let you know that I am not representing Wal-Mart
3 or Eckerd's. I am like a lot of the people over here, do
4 not like Wal-Mart. I don't care to go there and I don't
5 want to put on public record what I feel about Eckerd's, 1
6 feel so strongly about them. I have a two-year-old son
7 that doesn't go to school now. In the near future, I'm
8 sure he'll be going to Sam Houston Elemeotary. I have
9 another baby on the way that's going to be going there,
10 too. I've got as much concern about.the safety of the
11 children in this neighborhood as anybody does. I drive
12 down that street every day on the way to work and see the
13 kids going to work with their moms and am concerned about
14 the traffic as much as anybody else.
15 However, I can not stand for arbitrarily
16 changing zoning on a piece of property that someone owns
17 just because we don't like how -- what the plan is going
18 to be for that. That is not right. These people paid
19 money for the property. They have invested time and
20 effort into working. I think they've shown that they have
21 made a very good effort to work with the citizens.
22 They've offered, it's my understanding, to pay for a
23 crossing guard from Wind River over to that area. I think
24 they're showing a good effort to work with the City and
25 the community on that.
Page 136
1 The property is zoned PD right now. My
2 understanding is that, and Elizabeth had pointed out
3 earlier today, y'all can pretty much dictate what goes in
4 that zoning right there. You have the authority to
5 determine what kind of brick it has and what it's going to
6 look like. Let's take that authority and let's take the
7 zoning that it's at and work with somebody who's here
8 willing to work with us, work with the citizens, and I
9 think we can all work together to come up with something
I0 that we know what we're going to get into. What you've
11 presented to us tonight, we have no idea what is going to
12 come out on that property, when we've got something on the
13 Agenda right now that we know what it's going to look
14 like. It might not be the best thing possible but it's
15 something that akeady matches the zoning that's there and
16 it's not right for them to -- for us or the City to tell
17 them what can't go there when it's already approved under
18 the zoning. Let's take what we have now, work with and
19 get the best thing that we can for our kid's sake and our
20 family's sake and get this thing figured out. I think
21 we've got enough people on the City staff, we've got
22 enough citizens that are concerned on both sides of the
23 table or the aisle here tonight, and with your help, we
24 can come up with something that would work for our
25 community in this part of Denton. Thank you.
[~LANIqING AND ZONING COMMISSION MARCH 8, 2000 Page 133 - Page 136
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1 MR. ENGELBRECHT: Thank you. Any questions?
2 It would appear not. Is there anyone else who would like
3 to speak in opposition? Anyone else to speak in
4 opposition? In that case, I do have one card, Mr. and
5 Mrs. Larry Schneider indicating opposition. Desire zoning
6 that would create less traffic to insure safety of
7 children at Sam Houston. Proper zoning would not cause
8 devaluation of property.
9 MR. SCHNEIDER: I checked the wrong side on
10 that.
11 MR. ENGELBRECHT: well, I realized after I
12 started reading the comment. It didn't appear to make
13 sense. Okay. All right. We'll check that and put it in
14 that particular column. We did have opposition so we do
15 have -- that provides the petitioner with an opportunity
16 for rebuttal.
17 MR. REICHHART: A couple of the comlnents that
18 I guess towards rebuttal, regarding the potential traffic
19 and the fact that the proposed Wal-Mart has downsized
20 their traffic, or their square footage and footprint, a
21 lot of that has to do with the market, landscaping, site
22 configuration issues, and things like that which very well
23 could happen to tiffs site, too. We have a maximum. We're
24 not identifying a minimum square footage that could be put
25 on this.
Page 139
1 The City does have a right to rezone it. As you'll
2 notice, one of the recommendations that was made was to
3 keep the square footage the same.
4 MR. MCNEILL: Yeah, I have a question about
5 that.
6 MR. SNYDER: And that was based on the
7 thinking that they're under Chapter 245 of the Local
8 Government Code, since they already do have a detailed
9 plan that shows a building size and they have filed a
10 preliminary plat application. It was our position that
11 the safest route to take if the City wanted to rezone
12 would be to respect that building size under Chapter 245.
13 Chapter 245, basically, it's the -- this is the statute
14 that says that you can't basically change the rules
15 applieahle to a project in the middle of the project.
16 There is a specific exemption in the statute,
17 however, for zoning regulations. Within that exemption,
18 however, there's another exemption within the exemption
19 that says that you cannot affect building size. So that's
20 the reason why the recommendation had a recommendation
21 that we respect the building size that's on the current
22 approved detailed plan.
23 MR. MCNEILL: Boy, that -- you're the lawyer
24 and I'm the engineer but that really sounds shaky to me,
25 what we're doing there. By implication, we say we're --
?LANNING AND ZONING COMMISSION MARCH
Page 138
I The one conunent regarding verbatim minutes, 1
2 City Council does get the verbatim minutes from this 2
3 meeting and they do read them. We've gotten a lot of 3
4 comments on the minutes. So they do know verbatim what is 4
5 said tonight. 5
6 The requirements about limiting 10,000 square 6
7 foot for an office size, that was a staff recommendation 7
8 that can be changed. It can be increased. It can be 8
9 decreased. Any of the proposed conditions could be 9
10 modified as it goes forward to City Council. We are 10
11 recommending approval. 11
12 MR. ENGELBRECHT: commissioners, do you have 12
13 questions for the petitioner? Yes, Mr. MeNeill. 13
14 MR. MCl~mL: I have a question for legal. I 14
15 guess I'm confused about the legal process that the City 15
16 can go through. These questions have been raised and I 16
17 came in tonight with this question in my mind. How can 17
18 th~ do that when it already has a zoning and in the 18
19 middle of the process, we start a rezoning process? I'm 19
20 confused about the legality of that. 20
21 MR. SNYDER: undoubtedly, the property owner 21
22 may make some legal arguments concerning that. But it's 22
23 our opinion that them is no Constitutional vested right 23
24 in this zoning and the City does have a right to rezone 24
25 the property, notwithstanding what's happened heretofore. 25
Page 140
MR. WILLIAMS: sounds immoral.
MR. MCNEILL: By implication, we're saying
that there's a problem and we say we're going to take the
safest route. That says to me we're concerned what we're
doing is questionable.
MR. SNYDER: well, no, what we're saying is --
no, no, that's not what I'm saying. I'm saying that we
decided that the building size should be respected under
Chapter 245 because of that State statute. But with
respect to a Constitutional claim, we feel like that the
property owner isn't vested at this point. That's why the
City can proceed with a rezoning.
MR. MCNEILL: SO in the first part of the
sentence, and then as Doug said earlier, we start off
saying 86,200 square feet, but then we come back and fix
it so you couldn't really build a building that's 86,200
square feet. Isn't that, in essence, what that
recommendation is?
MR. SNYDER: NO, no. What we're saying --
well, all that can be arguably vested under Chapter 245 is
the building size. And that's what we're saying, that any
rezoning -- we're recommending that any rezoning of the
property respect the 86,200 square feet that's already
been approved on the detailed plan.
MR. MCNEILL: okay.
8, 2000 Page 137 - Page 140
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I MR. ENGELBRECHT: Mr. Momno.
2 MR. REICHHART: Could I make one statement
3 before I forget to?
4 MR. SNYDER: There's one other point that Doug
5 just pointed out to me. I don't know if this was part of
6 your question or not, but our Zoning Ordinance
7 specifically authorizes the City Council to initiate a
8 rezoning, and I think you probably already knew that but I
9 wanted to point that out.
10 MR. REICHHART: And just the one point I
11 wanted to make out, on the table out here where the
12 sign-in sheets are, there are 40 copies now of the staff
13 report that people can pick up on their way out.
14 MR. ENGELBRECHT: All right. Thank you.
15 Thank you. Okay, Mr. Moreno. Sorry.
16 MR. MOP, ENO: That's okay. Along those same
17 lines, and I'm having the same kind of difficulty I think
18 Mr. McNeill is, under characteristics of a commercial
19 development and mixed-use activity center under the
20 heading neighborhood center, new residential, I don't see
21 a proposed building size as a part of that characteristic
22 which is unique to a neighborhood center. And yet we do
23 identify a typical store size, a typical land area in
24 size, and a typical service area. So I guess what I'm
25 trying to get to is I'm having difficulty marrying an
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80,000 square foot building to a neighborhood service
center.
MR. REICHHART: And I think it goes back to
the same argument we were just making. We're trying to
respect the existing footprints that were on the detailed
plan and still trying to direct it back towards like a
neighborhood center, which has been identified for 4,000
square foot. But we're not saying that you have to have
one building that is 80,200 square feet.
MR. MORENO: I understand. I understand
that. Okay. Go ahead.
MR. SNYDER: Maybe if I stated it mom simply.
Because of the constraints that we feel that are under
Chapter 245 of the Local Government Code, we're
recommending that the City respect an 86,200 square foot
building footprint, building size.
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might ultimately dictate that the building size or the
footprint or the maximum square feet on that property is
going to be lower. But this is the maximum that we put in
here.
MR. ENGELBRECHT: MS. Gourdie.
MS. GOURDIE: Thank you. Another question for
legal, please. I believe it was Mr. Gossett who referred
that this was equated to taking of land. Could you
clarify that as to why you would make that a comment that
deserved justification?
MR. SNYDER: I think that there is a general
thinking in any conununity that zoning -- some people think.'
zoning is a matter of right. And legally, zoning is not a
right. It can be changed. It can be Changed either to
increase development rights and it also can be changed to
decrease them. When he used the word "taking," I'm
thinking he was using it in a general sense, rather than a
legal sense. I don't know if that answers your question
but I think I addressed it earlier, we don't feel like at
this stage to rezone the property would amount to a taking
of a property interest because we don't feel that the
property owner has a Constitutional vested property
interest at this point.
MS. GOURDIE: And this has to do with like
we're a home-rule city so that's why we have a City
Page 14-'.
1 Council and a Planning and Zoning Commission. That's
2 been set up because of the type of city we made ourselves
3 to be. And doesn't all this kind of work with the initial
4 way the city became Denton and got all this instead of, I
5 guess, a general rule where, you know, just the citizens
6 make all the choices. Is that what we're having a
7 conflict with?
8 MR. SNYDER: well, not really. This is just
9 the zoning power of a municipality is what I'm talking
10 about. The City has zoning power and has a right to
11 change zoning on property. Now, them have been some
12 comments made tonight that they thought that them would
13 be a chilling effect, that this is unfair, that this is a
14 bad public policy decision. But from a legal standpoint,
15 the City can change zoning on property. That doesn't ~nean
16 that the property owner won't challenge it but that
MR. ENGELBRECHT: And, Mr. Powell, did you
want to add a comment?
MR. POWELL: And I'm not sure if this
addresses your concern but what we've done is put the
lhnits, the maximums, the building size, the size of any
individual use, but just like the development proposal
that you saw by the landowner, we don't -- those are
maximums. And I think that the other constraints in ,the
site, the parking, landscaping, open space requirements,
17 doesn't mean that there's a taking in the legal sense.
18 MS. GOURDIE: Okay. And I think I have a
19 question just for whoever the City, not the City
20 applicant, but the City planners. Another question was
21 made by Mr. Galbreath about this would be a development
22 that would be fragmented. And I guess I can't understand
23 how it would be fragmented. If the piece of land is
24 considered PD-16, the person who purchased this is in
25 charge of developing it and I don't know how his argumen:
PLANNING AND ZONING COMMISSION MARCH 8, 2000
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Page 145
1 of fragmentation would come to be. And maybe somebody can
2 explain it to me but it didn't make any sense to me and I
3 would just like to understand that.
4 MR. REICHHART: I think there's the maybe
5 somewhat of a potential if it's designed as a complex, a
6 campus setting type thing, that if one building were built
7 and then nothing else happens, that it would be
8 fragmented. But then I think that would be the City's
9 fault for approving a project plan that was fragmented. I
10 think the project plan will come forward and will identify
11 the footprints and the parking and the interconnection
12 between the buildings and the school site and the library
13 and all that stuff. And that's what will be approved.
14 And it can address architecture and it can address all
15 these issues. And I guess, bottom line, if we approve a
16 plan that's fragmented, you know, them it is. ButI
17 don't think that's the intent and I don't think that's
18 what would happen.
19 MS. C, oLr~,OIE: Especially since this a PD and
20 the way we've set up our --
21 M~. REICHHART: NO, because we're recommending
22 slraight zoning.
23 MS. CJOURDIE: okay.
24 MR. REICHHA~T: with the project plan
25 condition.
Page 146
I MS. GOURDIE: Thank you.
2 MR. ENGELBRECHT: I don't see anyone else
3 requesting to speak. Commissioners, I have not closed the
4 public hearing at this point yet. We have had a request
5 from both the opposition and those in support that we
6 continue this so that their individual constituencies
7 might have additional time to discuss this issue. If
8 someone would like to make that motion, I would like to do
9 it before we close the public hearing. Ms. Gourdie.
10 MS. GOURDIE: I move that we continue this
11 meeting to -- I was going to let them get those nifty
12 calendars out.
13 MR. ENGELBRECHT: Okay. Our next meeting is
14 March 22nd.
15 MS. GOURDIE: I move that we continue this
16 meeting to March 22nd.
17 MR. ENGELBRECHT: okay. Is there a second on
18 that motion?
19 MR. RISHEL:' second.
20 MR. ENGELBRECI~T: It'~ been moved and seconded
21 to continue this to March 22nd. I believe the -- one
22 request was for -- was it March the 1 lth?
23 MS. GOURDIE: April 1 lth was --
24 MR. RISHEL: PTA.
25 MS. GOURDIE: SO that might not be helpful.
Page 147
1 MR. ENGELBRECHT: Exactly. And I think staff
2 is conferring on that so we can get some input with regard
3 to--
4 MS. GOURDIE: while they're checking on that,
5 can we take like a m-minute break?
6 MR. ENGELBRECHT: well, I was hoping if we can
7 wrap this one up, then we're going to take a break since
8 we were so close.
9 MR. SNYDER: It will only take me a second.
10 MR. ENGELBRECHT: Yes, Mac. McNeill, while
11 they're looking, go ahead.
12 MR. MCNEILL: Yeah, I just want to make a
13 comment or two. Mr. Gossett is correct, this really is, I
14 think, for the neighborhoods, this is really an emotional
15 issue. I live within about 1,600 feet of this area and I
16 agree with Mr. Rivers, I'm not sure that I'm excited about
17 a Wal-Mart in there. I'm not sure I'm excited about
18 anything in there other than maybe a park. So in
19 principle, I think the idea of rezoning may have been a
20 . good idea. I'm not sure the City followed their time
21 schedule appropriately. They had a chance, if my
22 calculations are correct, about 1989, I think that's when
23 the fire station and the library was zoned. They had a
24 chance at that point to have corrected the problem and
25 they didn't.
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?LANNING AND ZONING COMMISSION MARCH
Page 148
So I guess where I'm coming from, and that's
part of my question to legal, I'm totally opposed to this
process that we're going through here. I think that this
sets a bad precedent. It may be that the City has a legal
right to rezone something in the middle of a project, but
that bothers me immensely that we would do something like
that.
And, again, I say I'm really torn with this
one because I totally agree with the majority of the
comments that were made here from the school children and
putting that thing next to a school. I mean, that's
really not a very good idea. But the process is flawed
here, I guess is what really bothers me.
MR. ENGELBRECHT: Okay. I have some other
requests but before we do, I wonder if I might get
legal's --
MR. SNYDER: I was checking to see when the
next available Council meeting would be both under our
rules and on the calendar and it would mean that if you
acted on it on the 22nd, it could go to.City Council on
their meeting of April 18th. So that's feasible.
MR. ENGELBRECHT: okay. But that still would
not meet the criteria for the March -- but that's
extending it out quite a ways. It would allow the school
-- obviously, the school district time to talk unless they
8, 2000 Page 145 - Page 148
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1 would have to have a special-called m~eting of the mA.
2 Okay. Ma'. Williams.
3 MR. WILLIAMS: l've sat here and I've listened
4 to everything and there's some old proverbs that k~p
5 coming to mind. They came from me, well, they came for my
neighbor and I let them take my neighbor. They came for
my preacher and I let them take my preacher. Now, they're
coming for me and there's nobody to help me. I think
Page 151
I of a lack of information. We would reject it because of a
2 poor plan. We would reject it because it hadn't been
3 thought out thoroughly. We would reject it because of
4 originality that didn't exist.
5 The City made a bad deal and I think we're
6 continuing to make a bad deal here. We started off with a
7 bad land swap that we didn't have control of when we did
8 that swap to begin with. We have continued to make poor
about 70 years ago, some African-American citizens wanted
some help and here comes Quakertown. And I'm sitting here
listening to Quakertown in 2000. And everything that is
legal is not moral. De facto is not legal and I could
have voted very easily for this zoning change six months
ago, my first time here, but not now, because -- I have a
serious problem with Wal-Mart but, to me, Wal~Mart is not
the issue. The issue is, do we get upset because someone
that wants to build something and all of a sudden we
change the roles of the game.
Ryan is playing a basketball game right now
9 judgments and mistakes in this process. I think that the
10 direction that we're going as a community and what we're
11 trying to do, I think we have the tools in place to be
12 able to control the process that we're trying to control
13 without going through what we're going through. So at
14 this point in time, I have to tell you I'm very much
15 opposed to rezoning property in an initiative that's put
16 forth by the City and put forth poorly in its thought and
17 how it's brought to us and how it's thought out and how
18 it's presented to our public and is something that is as
19 confusing as we had. We have people that think that we're
and I would sure hate if they changed the roles in the
fourth quarter to where, all of a sudden, Ryan had to dawn
football uniforms that are in Denton so they could win.
And, basically, that's what I'm seeing here and it
concerns me that -- and also I've seen an army recruit
enemies by taking land. I had the opportunity to guard
20 rezoning a piece of property and we have people that think
21 we're bringing in another business. I think we need to --
22 it would require, if this was a petitioner coming in is
23 we'd require them to go out there and have some
24 neighborhood meetings and discuss it with the public so
25 they understand what's happening. And that process has
Page 150
I Fubey Airbase and we did not understand that the land
2 belonged to the people so they couldn't sell it, they
3 oouldn't give it away, but we built an airport. And one
4 morning we woke up and the village was gone because we
5 recruited them.
6 In the United States, the land belongs to the
7 owner and zoning is not a right, however, do you change
8 zoning because he builds something you don't like? It
9 concerns me.
10 MR. ENGELBRECHT: Thank you. I do want to
11 remind everyone that the motion before us is to continue
12 to March the 22nd. Mr. Risbel.
13 MR. RISHEL: I just wanted to get on record,
14 my own feeling as to where we're going and the direction
15 we're taking here. I don't know if our vote eventually is
16 going to make too much difference because we have a piece
17 of property where the landowner is opposed to it, it's
18 going to invoke the same thing that the 20 percent rule
19 would invoke if the school district was opposed to it.
20 I'm glad to have an opportunity to continue
21 this because it's been one of the most confusing things I
22 think we've had before us in a long, long time. If this
23 was a piece of property that was brought to us by a
24 property owner and asked for rezoning and we heard the
25 argument that we heard tonight, we would reject it because
Page 152
1 not occurred yet. Maybe we don't have time for that, I
2 don't know.
3 But I think that when we're taking property or
4 rezoning things in the process that we're looking at,
5 which has been poor so far, I think that we need to
6 rethink and relook at what's going to go on here. Thank
7 you.
8 MR. ENOELBRECHT: MS. Apple.
9 MS. APPI~I~: i'm probably in favor of the
i0 continuance just so everybody can kind of take a deep
11 breath because I think some of the things that I'm
12 concerned about and that I spoke about earlier, I hope
13 that some of the neighbors will take those to heart and
14 really consider this plan with numerous businesses,
15 numerous business owners, numerous types of businesses,
16 less knowledge and less control over what those businesses
17 will be. I'm hoping that they will take that into
18 consideration. And I, too, share the same concern that
19 Commissioner McNeill and Commissioner Williams have that I
20 think that this is an awfully poor time in the process to
21 be rezoning.
22 MR. ENOELBRECHT: Mr. Moreno.
23 MR. MOm~NO: ','es, sir, Mr. Chairman. I feel
24 for both sides of the audience. I know that they both
25 have a ves~l concern and a very emotional issue here. I
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Page 153
have heard Legal's argument that the City does have the
right to rezone but I just can't help but feeling that
just because it's legal doesn't make it right. And as Mr.
MeNeill and Mr. Williams have said, or just to kind of
Page 155
1 a strip development of offices. So it's all subjective in
2 the way you define it. And you can either define it
3 negatively or you can define it positively. And I see a
4 lot of negativeness and a lot of name calling going on
paraphrase what they have said, this whole process is
starting to make me feel a little slippery and I don't
like that.
MR. ENGELBRECHT: MS. Gourdie.
MS. GOURDIE: Thank you. I voted for the
postponement because there were a lot of -- I actually
5 that's not being named. But the City is doing what the
6 City has the right to do, what's best for the City for the
7 safety, the welfare, and the being of every single person
8 in this community.
9 And I think postponing it will help answer
10 some questions and make sure y'all know exactly what
made the motion, there are too many unanswered questions.
But I'm a bit confused and perplexed as to how we can't
really see how things change. Mr. Hayes commented about
how much time it takes to develop the land and to find the
land and do this. But you know what? It only takes one
day for those promises that were made to the community as
to what that land was going to be behind you, for it all
to be gone. To be changed because that developer came in
and decided that they didn't want to put single-family
homes, they really want commercial back there. So the
promises that were made for me six years ago, I'm not
getting that. I might be getting a whole -- a business
behind my house. Pm not getting single-family
residential.
So to say that their promises are more
Page 154
1 important than the promises to the people that are there
2 and existing, I think that's a foul philosophy and I don't
3 believe that anyone has the right to develop the land as
4 they see fit. We do have laws. We live in a democratic
5 society that was based on laws and we have to follow the
6 laws. And though you may not like the laws, but they are
7 the laws. And if the City has the right to do this, then
8 the City has the right to do it for the interest of the
9 whole city as a whole. Not just for the builder, not just
10 for the people in the thing, it's about the whole city.
11 And I know that there are people in this audience who
12 believe that the builder and the developer are what make a
13 city be a city and I disagree. A community -- a builder
14 and a developer has a job because it's the community that
15 asks for them to build their buildings and it's the
16 cmranunity that says, come in and build this for me so that
17 I can haye a place to go shopping. It's not the other way
18 around.
19 And this is one incident where the community
20 came in and it developed a whole different way and the
21 property no longer can handle and support what was
22 originally there 12 years ago. And I think we really need
23 to take that into consideration whether it be offices or
24 what some of y'all are complaining as a strip development,
25 which all of Lillian Miller, if you really look at it, is
11 neighborhood sm'ices means. Maybe you might change your
12 mind. You might see that that's not a very good option.
13 But now you have the chance to think about it and to
14 really understand it. And the people who represent the
15 property owners might really consider the picture of the
16 little girl whose life is in their hands because of their
17 choices in the development. It goes both ways. It all
18 works together. There's no one way of doing this. And
19 that's what makes a community a community is that we all
20 see everyone's side to this.
21 MR. ENGELBRECHT: Any other comment? In that
22 case, the motion is to continue to March 22nd, our next
23 regularly scheduled meeting. Vote. please. Motion
24 carries unanimously.
25 I would like to ask staff to work with the
Page 156
school district. I would like real good numbers with
2 regard to thc number of students who are pedestrians on
3 thc two sides of that tract, north and -- yes, we're going
4 to do that in just a moment. One thing, when this comes
5 back, please. We are going to take a break. I want to
6 take one minute before we do that for Mr. PowclI. Mr.
7 Fregoncsc is here. We'd like to introduce him. He's not
8 going to do a report because we don't think -- it wasn't
9 advm-tised. We don't think legally we can do that. But
10 then it will give you an opportunity to talk with him over
11 om:break. And we'll be taking 15 minutes after we're
12 finished here.
13 M~. POWELL: Y~. Both John Fregonese and
14 @len Bolen are here to -- just wanted to introduce them to
15 you so you get a face with a name and these are the
16 consultants that we're working on for the new Code
17 rewrite. We can't have them talk to you tonight because
18 it wasn't agendaed but they'll be coming back in
19 subsequent meetings and tell you about the activities of
20 the Code Committee.
21 Ma. ENGELBRECHT: And you can visit with them
22 on the break and we'll take 15 minutes. And when we come
23 back Mr. Powell will talk a little bit about it.
24 (Break taken.)
25 MR, ENGELBRECHT: We'll reconvcne the Planning
PLANNING AND ZONING COMMISSION MARCH 8, 2000 Page 153 - Page 156
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Page 157
and Zoning Commission meeting and move onto Agenda Item
No. 6, which is to hold a public hearing and consider
making a recommendation to City Council regarding rezoning
of approximately 0.27 acres commonly known as 1513 North
Page 159
1 MR. MCNEILL: Thank you.
2 MR. REICHHART: Because they're not altering
3 the site.
4 MR. MCNEILL: Right. Thank you.
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5 Locust from an Office zoning district to a Planned
6 Development zoning district. The proposal is to allow
7 office and residential uses on the property. At this
8 time, I'll open the public hearing and ask Mr. Reichhart
9 to provide us with the staff report.
10 Ma. RalCHHA~T: very quickly, we're looking at
11 a site that the southwest comer of College and Locust.
12 It's an existing -- there's the location. This is some
13 photos of the structure that we're looking at. It's very
14 similar to a project we recently heard fight over here on
15 Elm Street where the intended er> is just to allow
16 residential use of this building.
17 It was originally constructed as a
18 single-family residence. The property was rezoned to
19 Office. Here's the zoning map. And the applicant has
20 purchased this property and would like to use it for his
21 residence. So the proposal is to go with the Pr> that did
22 get a waiver last night or relief from the interim
23 regulations so they can go under the existing conditions.
24 We are proposing a Pr>. AS with the last
25 application, I think it was misrepresented that the Elm
5 MR. ENGELBRECHT: MS. Apple.
6 MS. APPLE: Just to get this in my mind
7 because I didn't see it in the backup, but this actually
8 was a bed and breakfast, was Godfrey's Inn, if I'm not
9 mistaken. Okay. So it's actually been used for business
10 prior to that.
11 MR. REICHHART: oh, it has been used for a
12 business prior to that, yes.
13 MS. APPLE: And prior to that, it was a
14 designer's home, as well as her interior design business.
15 MR. REICHHART: Right. Correct. I mean, it's
16 been used for multiple -- I mean, single-family but as
17 soon as the single-family portion of it was no longer
18 being used, it lost that non-conforming status.
19 MS. APPLE: SO this is not really an unusual
20 use because it really has had kind of an ongoing history
21 of that.
22 MR. REICHHART: correct.
23 MS. APPLE: IS there adequate parking?
24 MR. P, EICm~ART: for single-family, yes, there
25 is.
Page 158
1 Street application was City-initiated. It isn't. Neither
2 is this case but it is -- the City Council has waived the
3 fees and has encouraged the applicants to pursue this
4 remedy. The recommendation is to rezone to a PP. We are
5 only changing the use. We're going to use the
6 documentation similar as the other project to document the
7 existing conditions on the site. The only thing that's
8 changing is the use. With any eD or any future projects,
9 if the site's going to be altered, they'll have to come
10 forward with revised plan and get approval to do that.
11 The uses would be limited to those in the
12 Office and SF~7 zoning districts. And then any new
13 lighting on the property should be designed and maintained
14 so as not to shine on or otherwise disturb surrounding
15 residential property or shine and project upward to
16 prevent the diffusion into the night sky. With that, I
17 can answer any questions. This is consistent with the
18 Comprehensive Plan.
19 MR. ENGELBRECHT: commissioners, any
20 questions? Mr. McNeill.
21 MR. MCNEILL: Just a clarification question.
22 If this passes, then that means that if someone else
23 bought that and wanted to reopen it as an office, they
24 could and not have to come back to us.
25 MR. REICHHART: They could. Correct.
Page 160
1 MS. APPLE: FOI' doctor's offices, that was my
2 only concern.
3 MR. REICHHART: I believe there are. There is
4 adequate parking.
5 MS. APPLE: okay. Thank you.
6 MR. ENGELBRECHT: I did want to make clear the
7 notice and the purpose indicated in the backup says, it's
8 being rezoned for office, for Planned Developed which
9 would allow office and residential, correct?
10 MR. REICHHART: Correct.
11 MR. ENGELBRECHT: YOU had kept talking about
12 the residential side of it.
13 MR. REICHHART: Okay. It will allow both.
14 MR. ENGELBRECHT: Right. Okay. All right.
15 Is the petitioner or petitioner's representative present?
16 MR. REICHHART: They are not.
17 MR. ENGELBRECHT: They are not. Is there
18 anyone present who would like to speak in favor of this
19 petition? Anyone present to speak in favor of the
20 petition? In that case, is there anyone present to speak
21 in opposition to the petition? Anyone present to speak in
22 opposition to the petition? Seeing no opposition, the
23 rebuttal period is waived and the public hearing is
24 closed. Any final remarks, Mr. Reichhart?
25 MR. REICHHART: Staff recommends approval.
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Page 161
1 MR. ENGELBRECHT: commissioners, any
2 questions, comments, or a motion?
3 MR. MCNEILL: Motion.
4 MR. ENGELBRECHT: Yes, sir, Mr. McNeill.
5 MR. MCNEILL: I move to recommend approval of
6 Z-99-084 with the following conditions: The documentation
7 of the existing development on the property shall
8 constitute a detailed plan; uses shall be limited to those
9 of the Office zoning district plus One-Family dwelling,
10 SF-7 zoning district; any new lighting on the property
11 should be designed and maintained so as not to shine on or
12 otherwise disturb surrounding residential property or to
13 shine and project upward to prevent the diffusion into the
14 night sky.
15 MR. ENGELBRECHT: Is there a second?
16 MR. RISHEL: Second.
17 MR. ENGELBRECHT: It's been moved and seconded
18 to recommend approval with conditions as outlined by
19 staff?. Any discussion?
20 MR. RISHEL: Did yOU want to include
21 environmental quality impacts at all? I'll put that forth
22 as a friendly motion. There's a No. 9 in there.
23 MR. MCNEILL: Oh, 9.
24 MR. RISHEL: That no negative environmental
25 impacts --
Page 162
MR. MCNEILL: Have been identified. But that
wasn't one of the -- so how would we make that --
MR. ENGELBRECHT: That was just a part of the
staff baakground.
MR. RISHEL: Just a question.
MR. MCNEILL: Yeah.
MR. ENGELBKECHT: okay. Any other discussion?
MR. MOP, ENO: Question.
MR. ENGELBRECHT: Yes, Mr. Moreno.
MR. MORENO: Could this be used as a bed and
breakfast as it was in the past under this ED?
MR. ENGELBRECHT: I don't believe a bed and
breakfast is allowed in an Office district. MR. MORENO: okay.
MR. RISHEL: could it be used as a tattoo
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parlor?
MR. MORENO: Never mind.
MR. RISHEL: We were talking that would be a
good location right by TWU. I don't think there is one
over there. We have enough over at my area.
MR. ENGELBRECHT: Hey, we've got one down by
Rayzor Elementary. Any other -- Mr. McNeill, did you --
MR. MCNEILL: NO.
MR. RISHEL: Mine's a legitimate question.
Could it be used as a tattoo parlor?
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MR. REICHHART: NO.
MR. RISHEL: NO. Okay. A tattoo is
considered retail or business?
MR. REICHHART: commercial.
MR. RISHEL: Thank you.
MR. ENGELBRECHT: seeing no other request for
comment, if you would vote, please. Motion carries
unanimously.
unde
e Mr. Fregonesegive a
future
work
: him back at
No. 10,
talked about Mr.
Ms. Gourdie.
3 to --
to
future Agenda items.
Fregonese. Anyone
MS.
our attendance i
as to
permits us to leave.
for us to get up and leave the meeting, if
creates any kind of information barrier if we don't sit
and listen through the whole thing.
MR. ENGELBRECHT: Yes, I
last time.
S. GOURDIE: Yes, please.
ENGELBRECHT: be
the next meeting, if it's long.
M~
on there,
what is the ~
Zoning
we're in the middh
MR.
MR.
it's a fairly light
a workshop to
reports that
Page 164
And if there i
asto
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~ and leave while
hearing.
res, Mr. Powell.
at your next meeting,
had tentatively scheduled
and the staff
the last meeting.
But i a light Agenda,
interject that
ENGELBRECHT:
: tO ask, when that
-- I can't require but I'm
only new speakers come up and speak,
225 .. do have a
23 verbatim transcript. So that we don't get same
24 people back with exactly the same comments all over again,
hopefully. I don't know. That's my desire.
PLANNING AND ZONING COMMISSION MARCH 8, 2000
Page 161 - Page 164
Planning and Zoning Commission Minutes
March 22, 2000
Page 2 of 3
Consider approval of the Final Plat of Lot 2, Block A of Asbury United Methodist Church.
The 3.665 acre property is located at the northeast corner of North Locust (FM 2164) and
Hercules. The property is in an Agricultural (A) zoning district. A church facility is proposed.
(FP-00-018, Asbury United Methodist Church, Thomas B. Gray)
Consider approval of the Preliminary Plat of Robson Ranch I Phase 1. The 11.282 acre
site is in a Planned Development (PD-173) zoning district and is generally located north of
Robson Ranch Road (formerly Crawford Rd.) between Florence Road and 1-35W. A 38 lot
model home/sales offices complex is proposed. (PP-00-025, Robson Ranch I, Phase I,
Larry Reichhart)
Consider approval of the Preliminary Plat of Robson Ranch 1 North South Spine Road.
The 8.999 acre site is in a Planned Development (PD-173) zoning district and is generally
located north of Robson Ranch Road (formerly Crawford Rd.) between Florence Road and
1-35W. A north south spine road for the Robson Ranch development is proposed. (PP-00-
026, Robson Ranch I, North South Spine Road, Larry Reichhart)
Consider approval of the Preliminary Plat for the Robson Ranch Water Reclamation Plant.
The 2.9598 acre site is in a Planned Development (PD-173) zoning district and is generally
located at the northeast corner of Robson Ranch Road (formerly Crawford Rd.) and
Florence Road. A water reclamation plant associated with Robson Ranch is proposed.
(PP-00-027, Robson Ranch Wastewater Plant, Larry Reichhart)
Motion by Susan Apple and seconded by Salty Rishel to approve consent agenda.
*Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 2).
Motion carries 7-0.
PUBLIC HEARING - REPLATS
9. Hold a public hearing and consider approval of the Final Plat of Lots 1, Block A, of the
James Wood AutoPark Addition, Phase III, being a replat of Lots 1, Block A James Wood
AutoPark Addition, Phase II and Lot 2, Block 1, Denton Cancer Center. The 30.583 acre
site is located south of the intersection of 1-35 and State School Road. The property is in a
Commercial (C) zoning district. The purpose of the replat is to accommodate expansion of
the autopark. (FR~00-028, James Wood AutoPark Phase III, Mike Grace)
Motion by Salty Rishel and seconded by Perry McNeill to approve.
*Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 3).
Motion carries 7-0.
PUBLIC HEARING - ZONING
10.
Continue a public hearing to consider making a recommendation to City Council regarding
the rezoning of approximately 8.3 acres, commonly known as RNW Addition from a
Planned Development (PD-16) zoning district to Conditioned Office (O) and Neighborhood
Planning and Zoning Commission Minutes
March 22, 2000
Page 3 of 3
Service (NS) zoning districts. The property is located at the southwest corner of Teasley
Lane and Teasley Lane. (Z-00-003, RNW Addition, Larry Reichhart)
Motion by Elizabeth Gourdie and seconded by Rudy Moreno to postpone to next meeting.
*Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 6).
Motion denied 2-5. Salty Rishel, Susan Apple, Jim Engelbrecht, Perry McNeill, and Carl Williams
opposed.
Motion by Carl Williams and seconded by Perry McNeill to send to City Council with no
recommendation.
Motion denied 3-4. Jim Engelbrecht, Salty Rishel, Rudy Moreno and Elizabeth Gourdie opposed.
Motion by Salty Rishel and seconded by Jim Engelbrecht to recommend approval with
conditions.
Motion denied 2-5. Susan Apple, Rudy Moreno, Perry McNeill, Carl Williams and Elizabeth
Gourdie opposed.
CondcnscItTM
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PETITIONER: Just here if you need me.
petition?
petition? Is
to the petition?
the petition?
is waived and the pu
Commissioners, I don'
staff remarks.
MR. GRACE:
okay. Is them anyone
like to speak in
speak in
speak:
present to s
hearing is Now,
summed it up in
Now, is there
MR. RISHEL: I'd like
approval of the ,
A of the James Auto
2, Block 1, I Cancer Center.
second.
MR. ENGELBRECHT: It's been moved
to approve. Any discussion on the motion? Mr.
MR. WILLIAMS: I guess we're seeing
at work here because I really think that this is not
for the neighborhood there. But since they have not
page 5
to
probably any final
a't think so. He
That was great.
Mr. Pdshel.
for the
A of the James
l, Block
H, and Lot
Page 6
And that will move us to Agenda Item No. 10
5 5 is our only public hearing regarding zoning this
6 evening. And that's to continue a public hearing to
7 consider making a recommendation to the City Council
8 regarding the rezoning of approximately 8.3 acres commonly
9 known as the RmV Addition from Planned Development 16
10 zoning district to Conditioned Office and Neighborhood
11 Services zoning districts. The property is located at the
12 southwest comer of Teasley Lane and Teasley Lane. You
13 don't often get that sort of an address.
14 I do want to point out this is a continuation
15 of a public hearing as opposed to a new public hearing,
16 the ftrst item I want to point out. A couple of other
17 items I would like to point out given the cards I've
18 received here this evening, and I still have to arrange
19 more of these and put them in order.
20 First off, a reminder that this is -- this
21 public heating is in regard to a City-initiated petition
22 and, therefore, we were asking you to speak either in
23 favor or in opposition to that petition, to that
24 orientation. Some of you have indicated on your cards
25 opposition but then you said you were not in favor of a
PLANNING AND ZONING MEETING
Page 7
I grocery store or whatever, which suggested to me that you
2 are, in essence, in favor of the petition that the City is
3 presenting and, therefore, I'm making that assumption and
4 I'm going to put your card in that stack and mad it
5 accordingly. If, in fact, there is some error there,
6 please let me know when I get to your particular card as
7 the evening moves along.
8 One other item I'd like -- a couple of other
9 items I'd like to point out, I know that there are a
10 number of you here to speak and many of you are simply
11 here to turn in your cards and listen. This is not a case
12 about Wal-Mart. This is a case about the City requesting
13 a rezoning from a Planned Development to Commercial and
14 Neighborhood Services -- excuse me, Conditioned Office and
15 Neighborhood Services. And I would ask that you keep your
16 remarks in that vein if you are going to speak tiffs
17 evening.
18 I know that there are a number of you standing
19 in the back and there are seats down here if you'd like to
20 come on down, feel free to. It's no problem. Them's, I
21 don't know, a dozen or so seats or more left if you'd like
22 to have a seat.
23 Finally, if there are -- I do have cards from
24 a number of you who wish to speak. I would ask that you
25 limit yourself to new information not presented by
Page 8
1 previous speakers and, for that matter, we would ask that
2 you not repeat the information that was presented at our
3 last -- or at the beginning of this public hearing at our
4 last meeting. We have the minutes, verbatim minutes from
5 that meeting here tonight and they have been provided to
6 each of the Commissioners.
7 Okay. At this time, we'll ask -- and I know
8 by the way that there has been a neighborhood meeting
9 since our last hearing on this particular ease and so
10 we're going to, in essence, begin again in the sense that
11 we'll ask for staff report all over again. And in this
12 ease, by the way, the staff report will also be the report
13 from the petitioner since the City is the one requesting
14 the rezoning.
15 At this time, I'll ask Mr. Reichhart from the
16 Planning Department to provide us with the staff report
17 and the petitioner's report. Sir.
18 MR. REICHHART: Thank you. I don't think I'll
19 be as short as the previous presentation. There was a
20 neighborhood meeting that we were requested to attend and
21 there were a number of different representatives from
22 different neighborhoods. I believe y'all have a copy of
23 what was discussed during that meeting. And them were
24 ten, 11 different items that were brought forward as
25 possible conditions if this were to go forward.
MARCH 22, 2000 Page 5 - Page 8
Cond~ns~ItTM
Page 9
Additional prohibited uses they'd like to see
2 is prohibit firearm sales, video arcades, tattoo parlors,
3 head shops, and any outdoor speakers.
4 The architecture of the building should be
5 similar to the office buildings at Southridge Oaks Office
6 Park.
7 Increase the required setbacks along the
8 northern property line and, again, that would be along
9 here. We have the Houston Elementary School located fight
10 there. That was to provide additional space and
11 visibility to any school children walking along that
12 frontage.
13 No daylight deliveries by semi-trailers.
14 Require eight-foot wide sidewalks along the perimeters.
15 And that, again, is for school children's safety.
16 Allow only monument signs, no poll signs. And
17 with regard to signage, there was a discussion regarding
1 g the type of building-mounted signs that should be allowed,
19 and I think staff feels that that could probably be
20 handled during the project plan when we know more about
21 the end development here.
22 One of the comments was regarding only
23 pedestrian lighting on the site and, again, we would like
24 to see that deferred to -- we can use extended lighting
25 that says not to impose on residential properties,
Page 10
1 adjacent residential properties. But that can be handled
2 with the project plan, we feel.
3 Another request was to eliminate any curb cuts
4 along the northern property line. And, again, that was a
5 safety issue related to school children walking in that
6 area.
7 Another comment was requiring a six- to
8 eight-foot masonry wall along that northern property line.
9 Again, a buffer for the school children.
10 Prohibit 24-hour retail use. And that would
11 be similar to what we did in one project where we said no
12 retail customers should be allowed on the property from
13 7:00 p.m. to 7:00 a.m. type of thing. Those hours can be
14 expanded or changed any way we'd like.
15 And then another request was to hold the
16 neighborhood meeting. We had agreed that we could do thal
17 probably at the elementary school anytime after this
18 meeting before City Council. We could have an
19 informational meeting at that time, at any time after
20 that.
21 We have received a couple of letters. I know
22 you have a number of copies. One was from Mr. and Mrs.
23 Larry Schneider. Also, we've received a letter from the
24 School Board dated March 21st in which they are asking for
25 a continuance. They will bo having a Board meeting on
MARCH
Page 11
1 March 28th at which time this will be discussed. And
2 they've asked that we continue the case until after that
3 Board meeting. I've had discussions with Todd Parton,
4 their Director of Planning, regarding some items that
5 they'd like to see, additional information on, and we're
6 in the process of providing that to them.
7 With that, I think I could open it up to any
8 questions. I would just like to reiterate what the
9 Chairman said is that at this time the City does not have
: 10 any zoning applications for a Wal-Mart on this site or any
11 site in the City. So that was a surprise to some of the
12 neighborhood folks, I think, when we were at the meeting.
13 But this is not a Wal-Mart application. I just wanted to
14 reiterate that.
15 MR. ENGELBRECHT: Good. Commissioners, any
16 questions for staff7. Okay.
17 MR. REICHHART: I would just say that we do
18 recommend approval with the same conditions that we had
19 imposed or requested at the last meeting. They are in
20 your backup. There are a number of them. And I think the
21 one that may change on there was the landscaping. Instead
22 of a heavy row of evergreens, that should be landscape
23 with deciduous plants, also.
24 MR. ENGELBRECHT: I have one questions at this
25 point in time. The comments from the neighborhood
22,2000
Page 12
I meeting, the list of items that you've provided us, are
2 there any of those that are not consistent with the staff
3 recommendations other than the curb cut on the northern
4 property line?
5 M~. P~tc[n~X~T: t don't think we had any
6 problem with the additional prohibited uses. The
7 architecture of the building can easily be addressed in
8 leaving it, you know, saying compatible with something
9 that's already existing out there is a good framework.
10 The increased setbacks, I don't know what that
11 would gain us for safety. If that's an issue, we can
12 address that through the site plan itself. Some of these,
13 the eight-foot sidewalk is questionable. I know there is
14 children that, you know, ride their bikes but I don't
15 think we have a problem with that. Signage is not an
16 issue.
17 The pedestrian lighting, we definitely don't
18 think that should be -- I don't think that should be a
19 condition at this time. We need to sec what the site plan
20 is going to be and what the lighting. We can ask for --
21 we can require a lighting plan as part of tbe project plan
22 would probably be the way te handle that. And maybe not
23 the -- I don't think the eight-foot wall, I mean, if it's
24 deemed necessary. And I think maybe the way we can handle
25 the project plan is saying maybe pedestrian circulation
Page 9 - Page 12
)LANN1NG AND ZONING MEETING
%'1. '
CondenseltTM
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1 with adjacent uses should be addressed in the project
2 plan. Location of dumpsters and trash and noise should
3 be addressed with the project plan. Identify that those
4 are issues and then that they can be addressed through a
5 site plan review.
6 MR. ENGELBRECHT: All right. Thank you. We
7 do have one other question. Ms. Apple.
8 MS. APPLE: One item that you didn't mention
9 was the no daylight deliveries by semi-trailers. I just
10 wanted people to understand that we really don't have --
11 MR. REICHHART: we don't have any ordinance or
12 -- that's going to be very hard to control. But I think
13 the type of uses that we're identifying, a 10,000 square
14 foot office max and a 4,000 square foot retail, there
15 would be minimum deliveries from semi-trailers. We
16 believe there's going to be a lot of ups deliveries and
17 panel trucks and things like that, but not necessarily
18 semi-trailers.
19 MS. APPLE: I just didn't want anybody
20 thinking that we had that power.
21 MR. ENGELBRECHT: okay. Any other questions?
22 Appear not. Thank you. I do have cards from a number of
23 individuals who have indicated they wish to speak in
24 support and I'm assuming that means they wish to speak in
25 support of the City-initiated petition. Teresa Andress.
Page 14
1 And that will be followed by Marilyn Espinosa. And the
2 reason I say that, if you would come on down, then we can
3 sort of facilitate this process and keep your time and our
4 time to a minimum. If you would give us your name and
5 address.
6 MS. ANDRESS: '/es, sir. My name is Teresa
7 Andress and I live at 34 Oak Forrest Circle. And I guess
8 you always put those in alphabetical order because I seem
9 to always go first, but that's okay. I'd like to start by
10 presenting the Planning and Zoning with a petition that
11 has been filled out.
12 It has 857 names of people that did support or
13 do support the rezoning of the property at Teasley and
14 Teasley. And also two letters that I've made copies for
15 you. One is from Linda Hyleg who was our crossing guard
16 for three-plus years there on Teasley and it kind of talks
17 about her cone, ems for traffic. And then another one is
18 from Angie Maffey, who is a mom who has spoken to y'ail
19 several times but she couldn't come tonight. She wanted
20 me to bring y'all a letter.
21 I am speaking as a resident of the Teasley
22 area, as a mom of students who attend Sam Houston, and as
23 an employee at Sam Houston Elementary. Because of a vote
24 that was taken in this mom several months ago by this
Page 15
you on the Planning and Zoning Commission believe that
2 building a grocery store or any large retail store next to
3 the elementary school is not safe. And the only way to
4 keep from having a grocery store next to Sam Houston
5 school is to rezone the property at the comer of Teasley
6 and Teasley. But it was apparent to me at the March 8th
7 meeting that rezoning this property is not something that
8 many of you feel comfortable with. I would like to say a
9 few words that I hope will help change your minds.
10 First of all, I would like to remind you that
11 the Denton City Council has voted and said that the zoning
12 that is presently in place is not consistent with the
13 Denton Comprehensive Plan and that the property needs to
14 be rezoned. That is why the City staff has worked to come
15 up with the rezoning possibilities for y'all to review.
16 Secondly, I know that most people agree that
17 the City Council made a very big mistake and missed a
18 great opportunity in the 90-91 timeframe when they did not
19 change the zoning of the property when the land swap took
20 place. But just because that mistake was made almost ten
21 years ago does not mean that we should continue that
22 mistake when we have the opportunity to rectify it.
23 As you recall, the City Council was getting a
24 · very usable rectangular piece of property that was 2.83
25 acres and giving up a not so usable triangular piece of
Page 16
1 property that was 1.962 acres. They were not going to
2 rock the boat and change the zoning that was already in
3 place and take chance of messing up the whole deal. So
4 they missed the opportunity and I believe and many people
5 believe they made a mistake.
6 Law makers have made many mistakes throughout
7 the years and when these mistakes were found to be unjust
8 or unsafe, they have beea changed no matter what the cost.
9 At one time in this Country, the laws were very different
10 concerning drinking and driving. But they were found not
11 to be protective enough and so Legislators changed the
12 laws and made them tougher. At one time, it was a
13 driver's option to wear or not to wear a seathelt, but
14 lawmakers changed that law because it was safer to wear a
15 seatbelt. Public standards change and they have changed
16 in Denton. Denton has roles now that say you must put a
17 sidewalk in if you're building a business or a house, that
18 you must put in a sprinklm' system, and cith~r save trees
19 or replant the trees if you're building a business or a
20 house. These we're not standards ten years ago but they
21 are now and they cost people money. But they are worth it
22 to keep our conununity safe and looking its best. The
23 Denton Comprehensive Plan has been adopted because public
24 standards have changed.
25 Planning arid Zoning Commission~ I know that aLmost all of 25 The City of Denton wants buildings that are
PLANNING AND ZONING MEETING MARCH 22, 2000 Page 13 - Page 16
Condcns~ItTM
Page 17
1 adjacent to each other to have compatible uses. A grocery
2 store and elementary school do not have compatible uses.
3 Putting a grocery store next to an elementary school puts
4 the students that go to that school at greater risk due to
5 traffic and other things.
6 There is nothing that we can do to make sure
7 that children's lives are 100 percent safe besides locking
8 them up and never letting them out. But there are things
9 that we can do as adults in their lives that will keep
10 from putting them more at risk. One thing we can do is to
11 rezone the property so they are not affected by the extra
12 traffic, the additional non-school related people that
13 will be in such close proximity, and the bug and rodent
14 problem that comes from a grocery store.
15 We need something that does not bring 5,000
16 trips a day, that does not need a curb cut on Teasley
17 Lane, that does not sell beer, wine, and tobacco products,
18 and that is not open 24 hours a day next to our school.
19 We are very interested in the rezoning that
20 the staff has presented and we would hope that you would
21 definitely consider it. And we do want the eight-foot
22 masonry wall. Thank you.
23 MR. ENGELBRECHT: commissioners, are there any
24 questions? That's getting all in that five minutes you've
25 got.
Page 18
I MS. ANDP,~SS: well, I had about half a page
2 left but that will be all right. Thank you.
3 (Applause.)
4 MR. ENGELBRECHT: Ladies and gentlemen,
5 please, if we have this again, I'm going to take a
6 15-rninute recess. Now, I'm sorry but I've asked you not
7 -- to refrain from that before. Ms. Espinosa. And that
8 will be followed by James Leonardi.
9 MS. ESPINOSA: I'm Marilyn Espinosa. I live
10 at 804 Smokerise. And I've been a homeowner in the Indian
11 Ridge Subdivision for 14 years. We built the home new
12 there when there were five homes only in that area and
13 there was not very -- there was very little around except
14 Southridge. I don't even really know where to start. I'm
15 kind of, as you-all are, I'm sure, kind of weary of this.
16 I know it's so important though. I was a school teacher.
17 I taught for eight years. I know I need to tell you
18 something about myself and my husband. We have been
19 through -- because I was here at the last meeting and I
20 noticed that there was some concern on your part about the
21 people who own and who are developing this land, that you
22 seem to sense that there was some unfairness to them.
23 I need to tell you something that my husband
24 and I did. We bought some land after saving for a long
Page 19
1 up. And it was a very long process. It was a very hard
2 process. So we are very well aware of that process and we
3 know what it takes to do it in every way. We know what
4 steps you have to go through. We know, because we've been
5 before the City, we know all of that. The emotional part
6 of it, the financial part of it, every bit of it, but I am
7 here to tell you that if that neighborhood where we built
8 that business had come to us and had said what I have been
9 hearing here, I can tell you from the bottom of my heart,
10 we would not have built that business. And I can assure
11 you of that. No matter how much money we would have put
12 down.
13 We also know that as -- when you buy property,
14 when we bought that property before we built the business,
15 we knew -- we knew that there was a chance that that could
16 be rezoned at any time up until a certain point. And we
17 were well aware that when we bought that, that that could
18 be done up until a certain point, I say.
19 So there are certain things when you buy
20 property, when we bought that property, that we took a
21 chance. We knew that. We still own some property now and
22 we're trying to develop it. So I kind of wanted to speak
23 to that a little bit. Not that I don't feel sorry for
24 people, but I think that you have to look at where's your
25 heart, what kind of -- is it -- you know, why are you
Page 20
1 doing this? What are you doing? There's a lot of things
2 to look at here.
3 And I think until you have been through that
4 process like we were, you probably don't understand all
5 the grief and heartache that can come from building a
6 business. But you also know you have to do what your
7 heart says is right on the inside, too. And if those
8 folks around that business had come and told us that, I
9 know we wouldn't have -- we wouldn't have. And I don't
10 say that to he pat ourselves on the back. It's just -- it
11 wouldn't have been a friendly good thing to do, to know
12 that we were sitting there, that nobody wanted us there.
13 That's all I think I need to say. I appreciate you-all
14 listening to me.
15 MR. ENGELBRECHT: Any questions,
16 Commissioners? Thank you. Mr. Leonardi. And I'll be
17 asking then for Lynn Thompson.
18 MR. LEONARDE Good evening. My name is Jim
19 Leonardi. I live at 800 Smokerise Circle. I've been a
20 Denton resident for about 15 years now. Let me first say
21 I manage a global IT infrastructure for Texas Instruments
22 across 33 countxies so I can really appreciate the value
23 of standards but also the trouble it takes to maintain
24 them. So I thank y'all for the job that you do with this
numl~r of years and we built a business from the ground 25 massive growth that's going on in Denton. It takes a lot
PLANNING AND ZONING MEETING
MARCH 22, 2000 Page 17 - Page 20
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to do that. So thank you.
At a meeting at the school a couple of days
ago, I got a copy of this thing. And when I looked at it,
I like what I see. It's very comprehensive. It also is
consistent with the usc that we see in the area. So I
definitely support that. It is also pro-business and
pro-commercial and I think that's built into it, too. So
that's kind of the blend I think we want to see for Denton
in its continued growth.
The one area that I would like to say, is that
there's been a lot of information, maybe misinformation
about this whole topic. So I wholeheartedly recommend
that we have a community meeting with some time where we
can prepare for that, but a community meeting where we can
go through this proposal in detail and then look at the
thing and fine rune it a bit. I think that's all that
we're really looking for at this point.
So I'm in support of it but I think we have
just -- to get the community involved. I think that if we
do that, it will get better support and adoption down the
road by the whole community if we take that extra step.
And that's what I recommend. So thank you very much.
MR. ENOELBRECHT: Thank you. Any questions,
Page 23
We're asking you to rezone PD-16 to
2 Neighborhood Services and Conditioned Offices. Do away
3 with the commercial mass retail zoning and support us in
4 this so it can he a win-win situation for the
5 neighborhood, the City of Denton, and the school. Thank
6 you.
7 MR. ENGELBRECHT: commissioners, any
8 questions? Thank you. Ms. Chapel. And then Harry
9 Phillips.
10 MS. C~PEL: Yes, my name is Linda Chapel. I
11 live at 1019 Ridgecrest Circle. And I have a whole lot to
12 say. How long do I have to talk?
13 MR. ENGELBRECHT: FOllr minutes and 50 seconds.
14 MS. CHAPEL: All right. I'll talk very, very
15 fast. I will first address the fact that we and all of
Commissioners. Thank you. Ms. Thompson. And then Linda
Chal~l.
16 the neighborhoods there are very much opposed to mass
17 retail. And I would like to address the fact that a
18 grocery store today is not the grocery store of prior
19 times. I member when I first moved to Denton 30-someodd
20 years ago -- no, it couldn't have been that long. But
21 anyway. I used to go up to the Piggly Wiggly and all I
22 could get was food. Okay? Just food. A grocery store
23 today contains a delicatessen, carry-out food, video
Page 22
1 MS. THOMPSON: Good evening. My name is Lynn
2 Thompson. I reside at 1520 Hunters Ridge Circle in
3 Denton. And we moved here in 1983 and when we did, we
4 checked into all the proper zoning, the taxes, the school,
5 all the things that one checks on before they buy in a new
6 area. Lillian Miller did not exist. Hunters Ridge and
7 Wind River developments were pastures with cattle on them.
8 Sundown Ranch was a working ranch and Teasley Lane was
9 just a sleepy country road. The City of Denton approved
I0 all of the zoning changes that have brought these housing
11 developments to this area. We're asking you to rezone
12 this PD to fit in with the neighborhood you've created.
13 I'd like to say something regarding the owner
14 of the property. A group of us met with him. He seems
15 like a reasonable gentlemen. His name is Mr. Alexander.
16 And I promise you, he will still get his millions off of
17 this property even if it's rezoned to this more compatible
18 rezoning. He's already made out like a bandit with the
19 City. When they came to him and they wanted to swap
20 prol~rties, as I've heard people say, he was given a prime
21 comer for his back acreage, which put him in a very good
22 position. And then the school district crone to him and
23 said, we need a bus lane. Well, why wouldn't he agree
24 with this? This was a plus in his favor. It was a paved
25 improvement.
PLANNING AND ZONING MEETING
24 stores, magazines, pet food, bakery, it always has a
25 bakery, even a restaurant; i.e., I might suggest a
Page 24
MAR~2, 2000
Page 21 - Page 24
McDonalds carry-out quick food.
2 Because of that, we do not in our neighborhood
3 wish to have any type of a retail store that would be --
4 that would carry a lot of food because we do think that
5 that is a problem in so far as attracting vermin. Okay?
6 I will say that I did go check to find out what we do with
7 produce when it gets old in a grocery store. It's
8 compacted and it is put out for the trash to be picked up
9 on, in this particular area, it was on Tuesdays and
10 Thursdays. So I know that that is not healthy for our
11 neighborhood. I also know that people walking out with
12 their fast foods or their delicatessen drop their papers
13 and the cokes and all of that stuff on the ground and then
14 that just blows away. That's sitting up on a hill over
15 there just fight for blowing around.
16 I would also like to mention several things
17 that I am concerned about, too, is the library, the
18 wonderful library that the City has built for us over
19 there. I cannot imagine how we are going to get in and
20 out to that library if we have a large number of cars
21 going in and out of that area. Before the rezoning is
22 done, I personally would like to have some impact studies
23 done. I would like for someone to do a study as far as
24 the traffic is concerned over there and an environmental
25 impact study. And I think that we would all like to see
CondenseltTM
Page 25
1 what goes in there, to have hours that are more compatible
2 to missing the time of day when the school's kids go to
3 and from the school.
4 Well, did I say all in my length of time?
5 When you do consider this, remember that the integrity of
6 our neighborhood is at risk here with what goes in there.
7 I think if you took a vote, if we circulated another
8 petition, that you would find that we would all vote,
9 fa:st of all, for rezoning for more professional buildings
10 like we have on up the road on Lillian B. Miller. Thank
11 you.
12 MR. ENGELBRECHT: Any questions,
13 Commissioners?
14 MS. GOURDIE: Yes, please.
15 MR. ENGELBRECHT: Yes, MS. Gourdie.
16 MS. GOURDIE: MS. Chapel, so would you want a
17 postponement to be offered at this time or did you want to
18 set forth --
19 MS. CHAPEL: NO, I very definitely think that
20 we need to have a postponement. I think that there are
21 too many questions that still arise each time that we have
22 our neighborhood meetings. We come up with other
23 questions, other concerns. And so I definitely think a
24 postponement for the rezoning is practically mandatory so
25 that we can all be happy with what we have out there to
Page 26
1 live with.
2 MS. GOURDIE: Thank you.
3 MR. ENGELBRECHT: Mr. Phillips. And then
4 Robyn Mullendore. Yes, sir, go ahead.
5 MR. PHILLIPS: Good evening. Harry Phillips,
6 1148 Bent Oaks Drive. I live out in the same
7 neighborhood. I'd like to commend the City staff on
8 coming up with a plan that seems to fit the bill. This is
9 more compatible with the type of neighborhood that we live
10 in than a large monolithic supermarket-type of concept
11 where it's a 24-hour operation, full-time deal. This will
12 be something that will blend in with the community and
13 it's in line with what you-all are talking about in
14 changing the codes, et cetera, in the City.
15 I would strongly recommend that we consider
16 this. We have a couple of problems that still have to be
17 ironed out. But I have to congratulate the City staff on
18 coming out and meeting with us. I'd like to have another
19 meeting with them later on as they get the thing polished
20 up a little bit. And I think they have our best interest
21 at heart.
22 MR. ENGELBRECHT: MS. Gourdie. I believe
23 there's a question, Mr. Phillips.
24 MS. GOURDIE: MS. Phillips, I just wanted to.
25 -- so you'd like to ,s~ this postponed at this time until
MARCH
Page 27
1 we can have questions answered or do you want us to go
2 forward?
3 MR. PHILLIPS: well, ther~ are reasons why it
4 would be advantageous to postpone it, yes.
5 MS. ootw,~m: All right. I needed
6 clarification. Thank you.
7 M~. ENGELBRECHT: Thank you. Ms. Mullendore.
8 And tben T. Thompson. Yes, go ahead.
9 MS. MULLENDORE: oood evening, Mr. Chairman
10 and ladies and gentlemen of the Commission. My name is
11 Robyn Mullendore. I live at 1139 OakHurst Street in
12 Denton. And I'm one of those, like Ms. Chapel, who moved
13 to Denton quite a long time ago in 1968 as a small child
14 and have grown up in Denton and watched it grow and
15 change.
16 And after moving away to go to college and
17 choosing to move back to Denton when I was planning to get
18 married and looking at where I wanted to raise my
19 children, this is where I wanted to be. And now I live
20 right in the backyard of where this development is
21 planning on landing.
22 I also am in favor of the rezoning but am also
23 in favor of the postponement. Yes, we are all very, very
24 tired of this issue but I feel like we are rushing into
25 wanting a rezoning, possibly not knowing what that
22,2000
Page 28
1 mzoning is going to mean for us. And we may end up with
2 something possibly worse than what it would be. Because
3 we're -- I think a lot of us are wanting to jump at
4 whatever change we can get from a mass market grocery
5 store.
6 Legally, you have the right to chang~ the
7 zoning because of the Comprehensive Plan that we have put
8 in place. Legally, you can do it. Morally, close your
9 eyes and take a deep breath, let it out and listen to the
10 thought that's there. The only thing that I can hear you
11 hearing is it needs to be changed for thc: people, not just
12 in that neighborhood, but for Denton, for all of Denton.
13 Denton needs to know that you support us and you vote for
14 us.
15 The rezoning, I think would be a pro-business
16 choice for Denton. A mass market grocery store would not
17 be owned by anyone in Denton. Rezoning it would allow for
18 a lot of small shops to come in, small shops that would be
19 owned by people who live here in Denton. And I think that
20 would be a wonderful opportunity for the. citizens of
21 Denton to be able to have shops that are owned in that
22 center. So please do consider a postponement of this.
23 But I do definitely support rezoning. Thank you.
24 MR. ENOELBRECHT: commissioners, any
25 questions? Thank you. Mr. Thompson. And tlx:n Paula
Page 25 - Page 28
PLANNING AND ZONING MEETING
CondenseltTM
Page 29
Scott.
2 MR. THOMPSON: My name is Tommy Thompson. I
3 live at 900 Ellison Park Ch'cie. I'm here tonight as an
4 official representative of the Ellison Park Homeowners
5 Association. Our entire Homeowners Association
6 development is within 500 feet of the property. We have
'7 26 homes in the Association and that represents over $5
8 million investment in the development. At our last
9 formally-called meeting, we voted unanimously to support a
10 zoning change that would prohibit mass retailing from
11 building on the property in question at Teasley and
12 Teasley.
13 At the last meeting of this body, there seemed
14 to be a feeling that there's some sort of a moral
15 obligation to the developers. We've heard from legal
16 counsel that there is no legal issue outstanding, that the
17 City can rezone the property.
18 And I submit to you that we, as homeowners, in
19 this development and our association are developers, also.
20 And we're already invested in the community and we have
21 requested this zoning change. There was some discussion
22 last time about the Council initiating the zoning change.
23 I think you'll find that the Council action was
24 precipitated by a very large contingent of people
25 including those in my Homeowners Association. So we've
Page 30
1 requested this zoning change and we believe that you have
2 an obligation to us, as developers, in the community who
3 are already invested to provide an orderly and planned
4 development in our community.
5 We as homeowners and as taxpayers have already
6 paid a premium to be in Denton. We like it here and we
7 expect zoning performance associated with that premium
8 that we've paid to be here.
9 You're in a tough spot. You have to make a
10 very hard decision and somebody is going to lose. We urge
11 you to make the right choice and to make this -- recommend
12 this zoning change to bring this property in line with the
13 vision of Denton, with Denton's future plan, and in line
14 with the overwhelming wishes from an overwhelming majority
15 of the public that has involved themselves in this
16 process. I thank you in advance for making this tough
17 decision., It's going to have a major impact on our
18 community for the next 20 years.
19 MR. ENOELBRECHT: I believe that we do have
20 on~ question. Mr. Williams.
21 MR. WlLLt~MS: 'xes. How long have you lived
22 in Denton?
23 MR. THOMPSON: I'Ve lived in Denton three
24 years.
25 MS. WILLIAMS; And when you. moved in your
PLANNING AND ZONING MEETING
Page 31
I neighborhood, did you know the zoning of this property?
2 Ma. THOMrSON: ! did not know the zoning of
3 this specific property, no.
4 MR. WILLIAMS: Thank you.
5 MR. ENGELBRECHT: Thank you. Ms. Scott. And
6 then Klm Jensen.
7 MS. scott: rm Paula Scott. I'm a 20-year
8 resident of Denton and currently live in Indian Ridge
9 Subdivision on Smoker/se Circle: I'm speaking as a
10 resident of that subdivision. I'm not a representative
11 of, but I am a member of Keep Denton Beautiful. And I
12 want to point out a couple of things that annually Keep
13 Denton Beautiful has approximately 200 work hours donated
14 to the City of Denton. Among other items, very active in
15 tree planting here in Denton.
16 As you know, Denton is recognized as the
17 redbud capital of Texas by the Texas Legislature and there
18 are redbud trees on this proposed property that's being
19 rezone& The Texas Forest Service recognizes the
20 partnership with the City reclamation plant and has a tree
21 nursery out there. And if we mow down trees on this
22 plant, then we'll have to use some from our tree nursery,
23 which I would hope that's not how they're used. We have
24 yearly received a grant from the National Tree Forest to
25 give tree seedlings out through the City. And yearly we
MARCH
22, 2000
Page 32
I distribute over 1,500 redbud tree seedlings to the
2 children in the Denton school district.
3 I support the rezoning that's currently before
4 you. However, I'm very concerned about the design of the
5 site. I'd ask that you-all take a look at the number of
6 beautiful trees that are out there. Obviously, there's
7 wildlife out there, as well, which I'm sure you can't
8 save. But I would just ask that you realize how necessary
9 trees are to our environment, how important trees are to
10 Denton, and how important redbud trees are to Denton. And
I 1 I'd just ask that you consider that and, again, I support
12 the re'zoning away from the mass retail business. Thank
13 you.
14 MR. ENGELBRECHT: commissioners, any
15 questions? Thank you.
16 MR. KISHEL: Question.
17 MR. ENGELBRECHT: Yes, Mr. Rishei.
18 MR. mSHEL: ~ the redbuds out there native
19 to that area?
20 MS. SCOTT: Yes. they are.
21 MR. RISHEI.: ~ they? Thank you.
22 MR. ENGELBRECHT: Thank you.
23 MS. SCOTt: Thank you.
24 MR. ENGELBRECHT: MS. Jensen. And then Nori
25 Carcieri. Yes.
Page 29 - Page 32
Condens~tTM
Page 33
~im Jensen. I live at
Denton my entire life.
ay before it was ever even
at, great -- I don't
: who is buried in the Ioof:
War. So my family has
ne. I am currently the
mentary School PTA and I
president.
he eTA presidency,
~e so that we may go to
ur general board so that
)rding to our bylaws, we
one voice, our
ril 6th and our general
5' am in favor of this
~ch for your time.
.< you. Mr. Careieri.
:re's someone else who
, would come on down.
is Nori Carcieri. I
:erise Circle, Indian
ck points because
;. I'm for rezoning and
heed a httle more
tcil had elected to
le didn't get
until March the 16th
t some time in there
t time back. Okay?
past
ming was we don't need a
Page 34
Page 35
I thing and the moral thing. That's all I have to say.
2 Mg. ENOELBRECHT: Thank you. Yes, sir.
3 MR. KISS^M: My name is Bob Kissam. I live in
4 Wind River Subdivision, 2221 Loon Lake Road. And I have
5 some issues I'd like to bring up. To just give you my
6 background, I am a hospital chaplain and, as such, I deal
7 with children and adults that are injured and hurt and I
8 usually try to speak on behalf of the children and the
9 people and I have some concerns.
10 I don't think that a lot of folks realize some
11 of the issues that also impact this situation that's going
12 on right now that are over and above what they're
13 considering right now. And in order to that, it may sound
14 like it's another situation, but it's not because it does
15 tie in. Right now, we have the Unicore Lake project that
16 is getting ready to be developed. It's going to have a
17 large-scale aparUnent complex, multi-screen theater
18 development, many other retail outlets, and the only
19 decent two-way street to that complex is through the Wind
20 River Street which empties out at that intersection of
21 Teasley, Teasley, and Lillian Miller. Right now, there's
22 a sign out there that says, 35 down through this
23 subdivision through Wind River. Needless to say, the
24 people are pretty upset about this and this is going to be
25 a continued issue.
Page 36
1 But the problem with this and why I bring this
2 up to you is right now we're going to have 18-wheelers, as
3 soon as this Unicom Lake gets developed, we are going to
4 have 18-wheelers coming through the Wind River
5 Subdivision, emptying out at that intersection, and other
6 heavy-duty retail vehicles, suppliers, all hours of day
7 and night. Plus with the movie house going in there,
8 multi-screen, you're going to have many, many foils going
9 through that intersection down to there through the Wind
10 River Subdivision to try to use that movie house. It's
die of a residential
same way, from a
it for the children,
~g, just everything
a I came up
ass the Food Lion over
cant. It's three
ked on there. We
That's a mistake and
[ to do morally the
ye to certain areas.
ts matured to a point
:just doesn't take a
~ to do ~ right
11 going to be horrendous.
12 You put a large PD-16 at that intersection
13 also and you have totally cut off the Wind River
14 Subdivision to any access. Those people might just as
15 well stay home and not try to go to work because they're
16 not going to be able to get out of that subdivision.
17 This is a terrible, terrible situation, foils.
18 And l've heard a lot of people speak to this about
19 postponement or in favor of rezoning, of which I am all in
20 favor of doing. I think we need to sit back, look at this
21 whole situation. I can tell you right now with the
22 current way this is all going, there are going to be
23 children killed in that Wind River Subdivision because
24 there is a swimming pool and there is a park area, and
25 about a month from now, there's going to be three, four,
VtEETING
MARCH 22, 2000
Page 33 - Page 36
Page 39
ers or anything and they'll just be
~ and taking them off. I don't think that's
to mention a couple of other points
;ard so far, and that is that there is
y three major grocery stores within one
:rsection. There's Albertsons, there's
ere's Wal-Mart.
like to ask about the projected tax
ume that there will probably be more tax
retail outlet than from the proposed zoning
:vertheless, I'm in favor of this zoning
it would certainly offer less traffic. And
.al offices, you know, you wouldn't expect a
· traffic going in and out to professional
refore, be a lot less danger for our
nally, I would be willing to bet that
:nough citizens around here who would be
hat property back from whoever it is that
~e it to the school to expand, as the
:man said. Thank you.
GELBRECHT: Thank you. I did find your
~ the opposition stack. Is there anyone
:I like to speak in support of this petition?
Page 40
:peak in support of the petition? Yes,
)FR~.Y: I'm in the opposition. I don't
ut somebody left this thing on my door and
:d to --
3ELBRECHT: would you give us your name
)FREY: Joan Godfrey. I live in the new
res, 2512 Shiloh Road. We moved here about
from Carrollton where they had just
g a Wal-Mart tlm'e on Trinity Mills. And
e opposition, you know, to tl~ homeowners
Wal-Mart. And the Carrollton City Council
ry. I mean, thea'e was like -- I mean, my
vas there was 95 pm'cent of the homeowners
at were opposed to it and they passed it
mcem is that's what's going to happen here.
mderstanding was that Wal-Mart was supposed
v -- they had all these stipulations that
, landscape it and all this sniff, and none
~s done.
nether concern I have is like the man
~e children, the safety of ~ children.
ldren are grown but I have grandchildren and
at that kind of store in that area. And I
Page 37 - Page 40
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3
4
5
6
7
8
9
l0
ll
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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25
CondcnseltTM
Page 41
can't understand why y'all would let a store like that go
in that nice of an area. That's one of the reasons we
moved to Southridge. And I am for the rezoning and I'm
against Wal-Mart or any other big grocery store or retail
store going in there. And that's all I have to say. I
didn't really have a speech but I just wanted you to know
my opinion.
MR. ENGELBRECHT: Tharlk you. Is there anyone
else present who would like to speak in support of the
petition? Anyone else present to speak in support of the
petition? In that case, I will review the stack, I'm not
sure is the correct word for the group I have here. This
is from Johanna and Hunter Marshall. I support the
rezoning. This is a very dangerous area to have large
retail.
Brenda Jordan, no comment. Reggi Saln, no
comment. Rachel Yeatts, increased traffic and visibility
is dangerous to the students. The big problem will create
health hazards. John Hardingen, please do not allow a
large store next to an elementary school. B. Todd Gray,
proposed to a large retail Chiekie Mo~s, no comment,
basically. Troy Hamm, no large retail.
DiAnne Allison, would support Neighborhood
Services with elimination of curb cut on Teasley, north '
side, adjoining the school, with extension of the masonry
Page 42
wall on three sides, with 15-foot easement, eight-foot
sidewalk for students, with -- eight-foot sidewalk for
student bike riders -- excuse me - no outdoor speakers,
monument signs only, and prohibit the sale of firearms.
Kent Ramey, I am against any high-volume
retail facility at this location. The safety of the
school children at Sam Houston is far more important than
another retail outlet..Helene Ramey, rezone to
Neighborhood Services, opposed to large retail and any
retail development for school safety issues. I believe
this is Latane Ramey, rezone for safety reasons. Joan
Zhou, in support of the petition for child safety. Sheral
Thompson, in hopes that the Planning and Zoning will zone
the area to fit the neighborhood and will ensure the
safety of the school.
Laura Walls -- I've got a long ways to go yet,
too, folks -- no retail near a fire station or school
Steven Alspaeh, oppose any high-volume retail. Maria
Cartwrighi, support the rezoning with restrictions such as
no more curb cuts and limited hours of operation. Bill
Ide, support rezoning of this with restrictions. Robert
Sigler, I feel that the eight acres is only suitable for
professional office buildings or public park. Bill
Espinosa, the rezoning of this property is so vital to our
PLANNING AND ZONING MEET1NG
Page 43
I large retail. Martha Seller, support rezoning with
2 additional neighborhood meetings. Sandra Faust, please
3 rezone for offices which are compatible with the
4 neighborhood. Dean Garner, rezoning under the conditions
5 as stated by Larry Reichhart.
6 Brenda Schmitz simply in support. Ed Muecioli
7 -- I hope I did that some justice -- rezone to
8 Neighborhood Services. And Sue, rezone to Neighborhood
9 Services. Kristin Sba, I do not want a large retail in
l0 our neighborhood. Joseph Iaia, no large retail. Tracy
11 Reed, next to an elementary school and library is not an
12 appropriate place for major retail.
13 Rick Hefner, should not be placed within 1,000
14 feet of homes or schools. Deborah Leonardi, support
15 zoning with amendments. Pam Harem, no large retail. Jeff
16 Richison, I oppose any retail outlet on this location.
17 Marguerite Green, this zoning protects the neighborhood,
18 more traffic and very good to protect the children.
19 Theodor Trusevich, simply in support. Dorothy Trusevich
20 in support. Colette Yetka, do not support large retail by
21 Sam Houston. Rachel Biggerstaff, I do not wish for area
22 to be zoned for large retail establishment which would
23 provide dangerous traffic pattern.
24 Cindy Goetz, if the Commission is concerned
25 about financial liability, if the eight acres on Teasley
Page 44
1 is rezoned, equal concern should be given to the possible
2 financial liability of the City if a child or adult
3 crossing Teasley or Lillian Miller after school is hit by
4 one of the numerous cars while leaving a large retail.
5 Hope Baker, opposition to any cut-through on
6 Teasley Lane. A question, why is Planning and Zoning is
7 making this into a two-choice issue, either large retail
8 or strip mall? Can't we explore other options? Mary
9 Woodruff, proximity of the school, residential area,
10 immediately increase traffic, very poor addition to the
11 area. Jill Lucas, please no large retail. Change the
12 zoning so our school can remain safe for our children.
13 Jim Lucas, please no large retail. Change zoning for
14 school safety. Phillip Shamel, simply indicating support
15 for the petition.
16 Todd Thompson, I wish to strongly restrict
17 retail development close to the elementary school. Jackie
18 Shamel, please no large retail or large business, only
19 small businesses. Joel and Tanya Blixt, would oppose the
20 zoning of the area for large retail businesses. Tonia
21 Olson, no large retail, have small children, don't want
22 added traffic and questionable people in the neighborhood
23 by the school
24 Roy Young, no rezoning for large retail
25 construction. Larry Schneider, I support rezoning due to
community, school, and children. This is a bad idea for
MA~. C~, 2000 Page; 41 - Page 44
Condens~ItTM
Page 45
1 traffic, school location, surrounding neighbors as
2 indicated in the memo provided to the Planning and Zoning
3 Commission. Mary Ella Schneider, support rezoning due to
4 increased traffic, close proximity to school, and
5 detrimental to surrounding residential property.
6 Lynn Mikkelsen, do not want large mass retail
7 next to Sam Houston Elementary. Charmaine Dsovza, simply
8 indicating support for the petition. Ten'i Bristow, I
9 don't want large retail. Cn'eg Bristow, support rezoning,
10 don't want large retail. Gregory L. Bracken, simply
11 indicating support for the petition. Terry Garland,
12 allowing large retail to locate would significantly
13 increase traffic causing safety problems for the children
14 in our neighborhood. It would be a congested, commercial
15 eyesore. Definitely against. Paul Rawley, simply
16 indicating support for the petition. Clemence Rawley, as
17 a resident on the busy corner of Hunters Ridge and Lillian
18 Miller, I feel the addition of a large retail is
19 inappropriate and redundant to our neighborhood. Kyle
20 Biggerstaff, I am opposed to large retail being built at
21 Teasley.
22 Keri Scrnggs, I do not want large retail. Dan
23 Nichols, tiffs is a neighborhood, please keep it that way.
24 Sylvia Nichols, this is a neighborhood and an elementary
25 school zone. Denton must ~zone this property. Jeff and
Page 46
1 Cathie King, we hope the City would put the safety of our
2 local children ahead of large public corporation. Amy
3 Caldwell, the property should be rezoned. The area has
4 grown and no longer conducive to a mass retail. You can
5 look at the area surrounding the site in question and see
6 the other zoning does not match.
7 And, in addition, I do want to point out since
8 these individuals may not be here, we do have some letters
9 that we received this evening that were not part of our
10 backup. One is from Peggy Alston and we also have a
11 letter from Mr. and Mrs. Larry Schneider and I think we
12 had a card from them. Here's some more. All right. I
13 want to make sure I get everyone. All right. Given your
14 cormments, I'm assuming you're in support of the petition.
15 This is Klm Farmer. I have five children. I am concerned
16 about child molesters in our area getting the kids by way
17 of this store. Street safety, as well, for the kids.
18 Joey and Robin Higgs, child safety is our main concern.
19 Rezone, please. Janet Hutchison, I support Neighborhood
20 Services and Office buildings. I support postponement of
21 the decision.
22 And I believe that concludes all of the cards
23 that I have for individuals who are in support of the
24 petition. I do have a number of cards for individuals who
25 want to speak in opposition. And I'm assuming that you're
PLANNING AND ZONING MEETING
MARCH
Page 47
1 in opposition to the petition but if this was an error,
2 let me know and we'll make sure that the public record
3 reveals that is correct. Darrell Stubblefield.
4 MR. STUBBLEFIELD: Yes, sir. I live at 25
5 Highview Circle. This is the second time I've lived in
6 the City of Denton. 1961 originally and then since 1990
7 this time. I'm in opposition as it's currently written
8 and suggest a postponement for further review.
9 MR. ENGELBRECHT: Any questions,
10 Commissioners? Thank you.
11 MR. RISHEL: He keeps coming back.
12 MR. ENGELBRECHT: And he keeps it short.
13 Appreciate that. Howard Compton. And that will be
14 followed by Robert Kissam. Okay. All right. Yes, sir.
15 MR. COMPTON: I'm Howard Compton. I'm with
16 the Bank of America, Private Bank Real Estate Services.
17 The address is 901 Main Street, Dallas. And I'm here
18 representing the Alexander family who has owned this
19 property since 1974. They bought the property when it was
20 already zoned retail and they, as already been said, they
21 went through the rezoning process again in 1991. And I
22 think it's significant that nobody spoke in opposition to
23 the zoning that was granted at that time in the public
24 hearings and it was, once again, zoned residential,
25 Planned Development residential -- I mean, excuse me,
22,2000
Page 48
I retail. Pardon me. And they have had the expectation
2 throughout this time that it would be as it has always
3 been zoned for a neighborhood center. The only thing that
4 was needed at that point were neighbors to support a
5 neighborhood center. When that time finally came, as it
6 has, we felt like that we had picked a good developer that
7 would develop it in a way that would be useful to the
8 neighborhood.
9 And let me go back and say, refer to the 1991
10 situation, it was us, the bank, on behalf of the
11 Alexanders, who have been managers of the property
12 throughout this time, who took the initiative to create
13 this swap. We took the initiative to see that that was
14 done. Granted, we benefited by getting the corner but
15 the City has certainly benefited from getting the library,
16 as well as a very good fire station. When the school
17 district thereafter asked for an easement across the
18 property, it was already paved. It was paved by the City
19 in order to accommodate the fire station. So there was no
20 incentive for the Alexanders to grant that easement except
21 good citizenship. And now we are accused of not being
22 good citizens but I urge you not to take away the property
23 rights that these people have very patiently owned
24 throughout this time. And I'll be happy to answer any
25 questions.
Page 45 - Page 48
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Page 49
I MR. ENGELBKECHT: Mr. Rishel.
2 MR. RISHEL: Mr. Compton, do you have any idea
3 what the number of houses or residences would have been in
4 1991 when this was rezoned within maybe 1,000 or
5 2,000-foot radius of the property?
6 MR. COMPTON: I'm afraid I don't know.
7 MR. RISHEL: would you be willing to just
8 guess that the complexion of that neighborhood has changed
9 since 19917
10 MR. COMPTON: Yes, certainly.
11 MR. RISHEL: Okay. Thank you, sir.
12 MR. ENGELBRECHT: Any other questions,
13 Commissioners? Thank you.
14 MR. WILLIAMS: I do have a question.
15 MR. ENGELBRECHT: oh, yes, Mr. Williams.
16 MR. WILLIAMS: what happens when the bank buys
17 property and doesn't investigate the zoning of that and
18 something comes up that's detrimental to that property?
19 MR. COMPTON: well, I'd have to say the bank
wouldn't buy property without investigating -- as an
investment, without investigating the zoning.
MR. WILLIAMS: Thank you.
MR. COMPTON: Okay.
MR. ENGELBRECHT: Thank you. Rodney
Stubblefield.
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MR. STUBBLEFIELD: My name is Rodney
1
2 Stubblefield and I live at 2405 Kadba. I've lived here
3 since 1990. And I guess I'm not a lawyer but I am taking
4 the legalistic approach to opposition of this proposal. I
5 am in opposition to this proposal. However, I am in favor
6 of rezoning for all the reasons mentioned already. We
7 need some more time to take a look at this. This is the
8 first proposal by the City on the rezoning. I think it
9 needs to be taken a look at and corrected, some things
10 that might have been overlooked in an effort to do away
11 with the mass retail. Any questions?
12 MR. ENGELBRECHT: commissioners? Appears not.
13 Oh, yes, hold on. Mr. Williams.
14 MR. WILLIAMS: If this property was rezoned or
15 not rezoned, how would that affect your life?
16 MR. STUBBLEFIELD: If it Was not rezoned?
17 MR. WILLIAMS: Or rezoned.
18 MR. STUBBLEFIELD: Or rezoned? Well, if it
19 was rezoned, it would definitely clear up congestion on
20 the corner I'm going to have to drive, eventually drive my
21 children to school on, get to the center of town on, get
22 home on. If you leave it the way it was, there would be,
23 obviously, more traffic, more litter, more trash, more
24 whatever.
25 MR. W".~.~vtS: NO, I'm talking about just your
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Page 50
1
'LANNING AND ZONING MEETING
Page 51
1 life.
2 MR. STUBBLEFIELD: My life?
3 MR. WILLIAMS: Yes.
4 MR. STUBBLEFIELD: That's how it would affect
5 it. There would be too much traffic for me to get home.
6 My children could get hurt, run over by whatever.
7 Rezoning it would definitely alleviate many of the
8 problems that a large retail center would bring forth to
9 that corner.
10 MR. WILLIAMS: Thank you.
11 MR. STUBBLEFIELD: And I hope my property
12 values would stay better.
13 MR. ENGELBRECHT: Thank you.
14 MS. GOURDIE: Mr. Engelbrecht.
15 MR. ENGELBRECHT: Yes.
16 MS. GOURDIE: I think we lost Mr. Kissam along
17 the way. You mentioned right after Mr. Compton, there
18 would be a Mr. Robert Kissam.
19 MR. ENGELBRECHT: Oh, no, he indicated that --
he spoke earlier in support.
MS. GOURDIE: Okay. Thank you.
MR. ENGELBRECHT: Curtis Ramsey.
UNIDENTIFIED SPEAKER: He had to leave. He's
not here.
MR. ENGELBRECHT: okay. Todd Patton.
Page 52
MR. pARTON: chairman, members of the
2 Commission, I am Todd Parton with the Denton Independent
3 School District, 1307 North Locust here in Denten. I do
4 believe you have before you a letter that we did submit
5 for your review dated March 21 st. The gist of the letter
6 really is to request further postponement or delay in the
7 consideration of this zoning case until such time that the
8 school district, the Board of Trustees, actually, has the
9 opportunity to meet in a quorum in a dually publicized
10 meeting for deliberation and official response to this
11 particular zoning petition.
12 I will say that on behalf of the district,
13 that we do appreciate the careful consideration and the
14 due deliberation that the Commission has made in this
15 matter. And, also, personally I just want to express my
16 gratitude to Mr. Powell and Mr. Reichhart for working with
17 us and helping us generate as much information as we need
18 to continue our analysis. Thank you.
19 M~. ENGELBRECHT: Any questions,
20 Commissioners? Thank you. Is there anyone else who wants
21 to speak in opposition to the petition? I do have a
22 couple of cards and I'll review those. Anyone else to
23 speak in opposition? In that case, I will then read Mr.
24 Ramsey's card. There has been insufficient time to study
25 this new zoning caU~gory.
MARCH 22, 2000 Page 49 - Page 52
CondenseltTM
Page 53
1 I also have a card from Marry Rivers and an
2 attached letter, basically, and I'm not going to read the
3 entire letter. What I did was I had that photocopied and
4 passed out to all the Commissioners since it was a little
5 longer. We did, in essence, have a form of opposition
6 and, Mr. Reichhart, as the petitioner representative, that
7 gives you an opportunity for rebuttal or comment.
8 MR. REICHHART: Thank you. A couple of
9 comments regarding the eight-foot wall that has been
10 mentioned. We are proposing a 50-foot landscape buffer,
11 then an eight-foot wail adjacent to the school. There has
12 been mention about additional wails. We would like to
13 leave that open for a site plan and if security issues are
14 concerned, there is other type of fencing and screening
15 that could be provided as opposed to just an eight-foot
16 wall, if it's open iron grates or whatever. We feel
17 that's a site issue that can be addressed.
18 Regarding environmental impact study, one of
19 the things that was brought up and I failed to mention on
20 the backup from that neighborhood meeting was the concern
21 of drainage. As this goes forward, one of the conditions
22 that we have requested is that a project plan be
23 submitted, reviewed, and approved prior to any
24 development. And one of the requirements of a project
25 plan is a drainage study. So that and the environmental
Page 54
1 aspects will be investigated prior to any development
2 being taken on this site. There was a little bit of, in
3 the original backup, regarding traffic, an analysis
4 between what we analyze the existing detailed plan at and
5 what the future -- what we are proposing. And, again,
6 here's a copy of the detailed plan and what we're talking
7 about is this portion, the library/fire station.
8 We do realize that what we're proposing is not
9 necessarily the best aitemative for all parties involved.
10 We are limited by what has already taken place on this
11 site, that this is an approved detailed plan. Our
12 attorneys have advised us on the amount of building
13 footprint that we have to stay with. And we realize that
14 some of the neighbors may not be totally happy with what
15 we're proposing. The owner may not be totally happy with
16 what we're proposing. But given the constraints and the
17 history of this site, we do feel that this is the best
18 proposal to be brought forward for rezoning of this site.
19 And we do question postponing this meeting and how
20 fruitful a neighborhood meeting would be with a real large
21 input at one time.
22 Been to a number of neighborhood meetings and
23 we will get a lot of the same issues that have been
24 brought up today. And we feel that this plan that we're
25 bringing forward docs address all thc issues as best as we
PLANNING AND ZONING MEETING
Page 55
1 can at this time.
2 And as we go forward with this, conditions and
3 such, I think the -- without seeing a site plan and
4 without having a site plan and an end user, some of the
5 questions such as security and safety of children, the
6 signage, the lighting, pedestrian circulation as it
7 relates to the library and the school, and to encourage
8 that type of a movement, have to be addressed at a project
9 plan scale. And I do believe a condition of approval,
10 although, we can't say how all those conditions are going
11 to be addressed, we can strongly recommend and gauge our
12 comments or our conditions that those are the type of
13 issues that specifically need to be addressed as we go
14 forward with a project plan.
15 If we say an eight-foot wall along this
16 perimeter, that leaves us with a lot of -- that cuts out a
17 lot of potential options. And, quite honestly, at this
18 time we do feel that we do need to leave in the option,
19 anyways, of one of the curb cuts on the northern property
20 line. And given the configuration of the potential end
21 user, a traffic analysis and study could be conducted when
22 we do come forward with a project plan on this site. I'll
23 answer any questions.
24 MR. ENGELBRECHT: Mr. McNeill.
MR. MCNEILL: why do you have the building on
the west side of the property instead of the east side?
Is that where the school is, where the brown --
MR. REICHHART: Tho school is up hem to the
north.
MR. MCNEILL: TO the north?
MR. REICHHART: l'nl soIlaJ, It3 the west.
MR. MCNEmL: Right. So my question is why do
you have the building on the west side? Why would you not
put it over on --
MR. m~tCH8ART: This is the existing detailed
plan that has been approved. This is the retail plaza and
there was a proposed gas station at one time. This is the
library and this is -- this is some of the constraints
that we're working under right now.
MR. MCNEILL: But the detailed plan, you're
not proposing it would stay like that?
MR. REICHHART: oh, no. Th~$ is the existing
detailed plan. This is definitely not what we're
proposing.
MR. MCNEILL: Thank you.
MR. ENGELBRECHT: Did yOU want to make a
comment, Mr. Powell?
MR. pOWELL: Yes, if I may. The conditions of
the rezoning would allow flexibility of the placement of
the building that we would like to review as part of a
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MARCH 22, 2000
Page 56
Page 53 - Page 56
CondenseltTM
Page 57
I project plan. And the conditions that we have proposed
2 would not limit the location of that building.
3 MR. ENGELBRECHT: other questions? I have
4 two. First off, I noticed that the lighting condition is
5 not listed as one of the conditions under the staff
6 recommendation. However, it is on the previous page in
7 the staff report, Item No. 8 under lighting, the last
8 sentence reads, this restriction will need to be written
9 as a condition of the ordinance.
10 MR. REICHHART: We can add that. The standard
11 lighting condition can definitely be added.
12 MR. ENOELBRECHT: okay. We need to put that
13 in. And I know that you're showing this site with the
14 library and the fire station and I think that makes sense
15 that this all originally laid out as one area. It would
16 seem to me that it would be appropriate to have a
17 statement in there that design would attempt to or would
18 integrate the fire station and the library into the total
19 package, but I don't see anything that really suggests
20 that directly.
21 MR. REICHHART: That was one of the things I
22 was suggesting that we can say that future design should
23 address the security and safety of the children as they --
24 you know, going to and from school, the signage, lighting,
25 and pedestrian circulation, in relation to adjacent uses,
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PLANNING AND ZONING MEETING
Page 59
I And then the additional suggestions that were
2 made really can be addressed in a project plan and we
3 would recommend that those type of items be addressed in a
4 project plan. And those, again, were the setbacks for the
5 school, children's safety, daylight deliveries by
6 semi-trailers. And we're very limited on what we can
7 prohibit on that. The eight-foot sidewalls, monument
8 signage. There could be -- designed as an office park in
9 a campus setting, there could be a very unique fountain
10 included or a clock tower or something like that that
11 could be used for signage. We don't have a problem with
12 eliminating probably poll signs, the standard poll signs.
13 The pedestrian lighting, we would encourage pedestrian
14 lighting but, again, it's site plan specific. Eliminating
15 the curb cut, we know a lot of people, again, are in favor
16 of eliminating that curb cut, and at this time we'd like
17 to keep our options open with that. The wall I addressed
18 before. That's it.
19 MR. ENGELBRECHT: Okay. I'll bet we do have
20 some questions. Mr. McNeill.
21 MR. MCNEILL: Has the staff given any
22 consideration to going into negotiation with the owner to
23 purchase this property given the -- between the rock and a
24 hard place everybody's in on this? You've got City
25 property on the south, you've got school on the west, and
Page 58
which would accommodate getting from the library to the 1
school and any of the residential properties in the area. 2
MR. ENGELBRECHT: Okay. All right. 3
MR. REICHHART: And that's one of the 4
conditions like an eight-foot sidewalk, it makes sense 5
that we have -- accommodate the children and everybody in 6
the area, but maybe just the standard -- just saying an 7
eight-foot sidewall limits some of the potential that we 8
could have on this site, whether it's curvo-linear with 9
berming and that would also screen the adjacent use, too. 10
MR. ENGELBRECHT: okay. Thank you. Ms. 11
Gourdie, did you have a question? Okay. Any other 12
questions? It would appear not. Thank you. The public 13
hearing is closed. I can now ask you, Mr. Reichhart, do 14
you have any final remarks from staff or comments. 15
MR. REICHHART: Dual rules. We do still 16
recommend approval with the nine conditions identified 17
within the staff report. The additional tenth condition 18
would be -- the standard lighting condition would be added 19
to that. And then from the comments from the 20
neighborhood; we do agree with the prohibited uses, 21
additional prohibited uses; and that the architecture of 22
the building should be compatible with the adjacent, 23
similar office buildings in the area similar to Southridge 24
office parks; prohibiting 24-hour retail uses. 25
MARCH 22, 2000
Page 60
purchasing this property and doing something else with it.
Was that considered?
MR. POWELL: If I may, I don't think that's
been considered. Of course, the reason this rezoning is
before you is that the City Council has asked for it to be
rezoned because it was found to be inconsistent with the
newly-adopted Comprehensive Plan.
MR. ENGELBRECHT: Ally other questions? Mr.
Rishel.
MR. RISHEL: How many other pieces of property
do you suppose we have that are inconsistent with the
Denton Plan that we are in the process of rezoning under
this type of circumstance?
MR. POWELL: The way the interim
nonresidential regulations work is that as people bring
projects forward in terms of rezoning, plats, building
permits, we're supposed to do a review. And projects that
don't, that are not consistent, we're supposed to bring
those to City Council for their consideration. So, yes,
there is more out there. We'll probably have more that go
to City Council. Obviously, we'll have probably a great
deal when we get to the point of actually adopting a new
zoning map that does implement the future land use map
with the Comprehensive Plan.
MR. mSHEL: DO you think that just if you had
Page 57 - Page 60
CondcnseltTM
Page 61
I to grab a number of -- obviously, the number that we have
2 implemented in this sort of a rezoning is only this one.
3 But as you look at the property and the configuration of
4 our community as we have tried to lay it out, how many
5 potential pieces would you say might be affected by this
6 as we see it? Would it be hundreds or would it be
'7 thousands or what?
8 MR. POWELL: I don't think it's going to be
9 thousands because the future land use map did reflect
10 existing land uses, by and large, and so I don't think
11 there's going to be a lot of conflict.
12 MR. REICHHART: There is -- I'm going to vent,
13 there's probably less than
14 MR. POWELL: I was going to say less than 100.
15 MR. RISHEL: I'm trying to look at it
16 multi-fold here. Is this going to be a pattern that we're
17 going to set forth within our community. You know, I look
18 at the staff time that we've put into this project. I
19 look at the legal time we've put into this project. I
20 look at the volunteer time we've put into this project. I
21 look at the citizen's time we've put into this project.
22 And I'm concerned about the precedent that we're setting
23 here and how we go about this and how we can either use
24 this as an example of what we do want to do or don't want
25 to do and try to work with our citizens and our community
Page 62
I to get the very best product we possibly can for everyone.
2 So I'm just looking at the devil's advocate,
3 what direction we're going to have to move in to make sure
4 that we have something that we can live with as a
5 community and know that it's cost-effective and
6 time-effective and child safe and whatever else,
7 everything we need to get accomplished here. Thank you.
8 MR. ENGELBRECHT: Any other questions?
9 MS. GOURDIE: Yes, please.
10 MR. ENGELBRECHT: MS. Gourdie.
11 MS. GOURDIE: MI'. Reichhart, I do have a
12 question. Could you please tell me again why the
13 postponement wouldn't be prudent at this time?
14 MR. REICHHART: We feel that we still could
15 have the neighborhood meetings prior to getting to City
16 Council and we've done that a number of times on a numbe~
17 of projects. And we're still continuing to work with
18 folks. We have three to four weeks before we get to City
19 Council and we have committed to have a neighborhood
20 meeting in that time.
21 MS. GOURDIE: well, what about with the school
22 system being next door requesting a postponement, which
23 means they are in opposition to that? Would that be kind
24 of a 20 percent thing happening?
25 MR. REICHHART: This iS going to require a
PLANNING AND ZONING MEETING
MARCH
Page 63
1 super-majority no matter what we do. The property owner
2 has already presented their opposition so it's going to
3 require a super-majority by the time it gets to City
4 Council There might be additional concerns or
5 considerations that the school board might have. I know'
6 one of the things Todd and I have talked about is maybe an
7 increased buffer, more than 50-foot, and some other
8 options like that that they're looking at that can still
9 be addressed at City Council.
10 MS. GOURDIE: I guess my concern is that with
11 the school being the main focal point of this whole
12 process and them requesting a postponement, I'm a little
13 uncomfortable not giving them the opportunity to really
14 research the rezoning because, in their minds, this could
15 be just as detrimental as the current zoning. So I guess
16 I just need to help understand.
17 MR. REICHHART: Well, you have the prerogative
18 to postpone.
19 MS. GOURDIE: I just want you to talk me out
20 of it or talk me into it. And the other things is also as
21 you read through the list of what would be project plan
22 material versus this part of it, you went so fast I wasn't
23 able to -- could you please go over it ~gain?
24 MR. REICHHART: If we're looking through the
25 neighborhood issues that were raised, we believe that the
Page 64
1 increased required setbacks along the northern property
2 line, the eight-foot wide sidewalks, allowing only
3 monument signage -- and, again, the increased required
4 setbacks; the eight-foot wide sidewalks; the monument
5 signage, although we do agree no poll signs could be added
6 at this time, but just limiting just to monument signs we
7 feel is a limitation; pedestrian lighting only, and that
8 could be a safety hazard depending on what type of
9 configuration for parking lots and such like that;
10 eliminating the curb cut along the northern property line;
11 requiring the six to eight-foot masonry wall along the
12 northern property line.
13 And, again, if it's an issue of separating the
14 user with the potential for school kids walking by,
15 there's other ways to do that besides just an eight-foot
16 masonry wall. If the architecture of the buildings is
17 compatible, we don't see that as an issue. But as we get
18 into the elevations in the site plan, we'll be better able
19 to address that. And those are the ones that we feel can
20 be and should be addressed in a project plan as this goes
21 forward.
22 MS. GOURDIE: And your comanents towards the
23 prohibited uses, the architecture?
24 MR. REICHHART: Not a problem.
25 MS. GOURDIE: SO we could add that in here?
22, 2000 Page 61 - Page 6,i'
CondonseltTM
Page 65
I MR. REICHHART: Correct.
2 MS. GOURDIE: okay. And also there is 24-hour
3 -- okay.
4 MR.. REICHHART: The 24-hour -- no 24-hour
5 retail uses. And then the only one that's really left in
6 there is the no daylight deliveries of semi-trailers, and
7 that's a really hard one to police. And the intent would
8 be to probably -- and that could be addressed somewhat to
9 keep the delivery areas away from the schools. You know,
10 that's where the noise would be and that would be the
11 disruption with the deliveries, would be potential noise.
12 to the school children during classes.
13 And realizing, I mean, that's why -- realizing
14 there is a school next door and a library and other
15 community uses, the site plan, when you get right down to
16 it, is really going to be very important to take a look
17 and address these issues.
18 MS. GOURDIE: SO Teasley is a truck route?
19 MR. REICHHART: It's a State road, I imagine.
20 MS. GOUP, DIE: well, there's designated truck
21 routes, isn't there? Like, I know people -- the trucks
29 are supposed to go up Locust and Elm. They're not
23 supposed to be going down Dallas or that one part.
24 They're supposed to cut over towards -- the streets were
25 designed to carry the heavy loads, I guess is what I'm
Page 66
1 getting at, which makes them truck --
2 MR. REICHHART: We're not sure that it is a
3 truck route. We're not arguing with the fact that trucks
4 use the route, but we don't know if it's a designated
5 truck route.
6 MS. GOURDIE: SO I guess then we need to find
7 that information out and we also need to find out the
8 information about Wind River and what it will hold in
9 capacity. I guess there's just a lot of questions here
10 that I am having a difficult time comprehending without
11 information from y'all. So I'm ready to make a motion if
12 anyone else is ready.
13 MR. ENGELBRECHT: We did have -- I thought we
14 had another question.
15 MS. GOURDIE: Sure.
16 MR. ENGELBRECHT: MI'. Williams, did you --
17 okay. All right. It appears there's no other questions.
18 Thank you, Mr. Reiehhart. Commissioners, I know we've
19 been here an hour and 35 minutes, but we figured we'd wra
20 this case up and then take a break because folks have to
21 clear out anyway. Are there comments or a motion? Ms.
22 Gourdie.
23 MS. GOURDIE: I'd like to make a motion to
24 postpone until our next meeting. And I request this
25 postponement, one, because I believe the school is an
PLANNING AND ZONING MEETING
Page 67
1 important entity here that needs to have some answers,
2 questions answered. I believe not knowing whether these
3 roads are capable of handling semi-trucks and heavy usage,
4 that means that down the road we're going to be redoing a
5 lot of revamping of roads, and I think we need to
6 understand what heavy trucks will do in a continual basis
7 to our roads and our neighborhoods. I also request that
8 because there are people who did have questions concerning
9 what was going on here, not having it clarified.
10 And, lastly, I also have a very hard time
11 taking this material and I don't believe our standard
12 lighting condition is appropriate. There's many things
13 here in town that I look at where it's not supposed to
14 diffuse out and I see people's houses, they've got their
15 blinds pulled down because the light is so -- we have a
16 definite problem with our standard lighting condition,
17 which I don't think does the job. So I don't think we can
18 put that in there and really have faith in it. I also
19 believe that this is too -- right now, I'm not able to
20 congest it very well so I'd like to postpone it so that I
21 can have an exact concise recommendation from the City
22 staff as to what the zoning would be and what the
23 conditions would be on the property and have information
24 that I can ascertain is correct.
25 MR. ENGELBRECHT: IS there a second?
Page 68
1 MR. MORENO: I'll second.
2 MR. ENGELBRECHT: It's been moved and seconded
3 to postpone to our next regularly scheduled meeting. Any
4 discussion on the motion? Mr. Williams.
5 MR. WILLIAMS: I haven't basically heard
6 anything new from the last meeting and haven't heard
7 anything to convince me that this is not de facto zoning.
8 So I will be -- and also I've had a course or two of
9 political science and I realize that the City and the
10 school board are two different political subdivisions and
11 they do not have to have permission from each other to do
12 anything. They can work together.
13 And to postpone this means to hear the same
14 things over and over again where I still haven't heard
15 basically anything differently from what I heard last week
16 -- I mean, the last meeting.
17 MR. ENGELBRECHT: Anyone else? Ms. Apple.
18 MS. APPLE: I'm going to be voting against the
19 postponement, also. Only because at our last meeting, the
20 school board asked for a postponement at that time to our
21 next meeting knowing when spring break was and I would
22 have assumed that they would have known their rules that
23 they had to get together and have a meeting. And I think
24 that this could have been delayed by their request for a
25 month down the road or we could have been given that date
MAR~I~22, 2000
Page 65 - Page 68
CondenseltTM
Page 69
1 at that time. I think also that in a sense, this case,
2 because it is going to require a super-majority of the
3 City Council, it's moot to come before this body again. I
4 think that your resources and your energy need to be
5 devoted to City Council and I think that would give you
6 ample time by the time they're going to meet. And I agree
7 with staff in that area.
8 MR. ENGELBRECHT: Mr. Rishel.
9 MR. RISHEL: I appreciate the process. I
10 appreciate the citizens that we've had that have had a
11 chance to speak. I've tallied up the presented cards,
12 something like 70 people that presented cards that were --
13 felt strongly about this issue and I admire that process
14 that we have. We had 16 speakers, I believe, that spoke
15 eloquently on the issues. I would like to also utilize
16 our citizens' time the very best we possibly could and I
17 think the best utilization of that time is to put them in
18 front of the decision-making body and that is the City
19 Council. I think that -- I know, number one, that our
20 Boards and our Commissions and our staff and our City and
21 our City Council people listen to our citizens. I know
22 that they're concerned about our citizens. Not that we
23 aren't. We are also concerned about our citizens.
24 Because of the 20 percent rule, I think that your time is
25 best spent in front of the body that is going to make that
Page 70
I final decision.
2 I would like to caution you. I think that,
3 once again, the process and this plan that the City has
4 put forth is not the only choice for you. I don't know if
5 it's the best choice or not. There are other alternatives
6 that need to be flushed out with this. I'd like to see
7 some of those things brought forth. I think you as a body
8 of people certainly have the capability to give the input
9 and the recommendations to what is going to make the best
10 neighborhood we possibly can for you. I would like to see
11 this moved before the City Council as swiftly as we
12 possibly could and save everybody's resources and our
13 resources and the City's resources and our citizens' time
14 and efforts and voices and see if we can get it where it
15 needs to be.
16 MR. ENGELBRECHT: Mr. McNeill.
17 MR. MCNEILL: when would this appear before
18 the City Council? Which meeting? How long will it be
19 before it gets there?
20 MR. POWELL: Yes, it would be the second
21 meeting in April because there's a 20-day time limit.
22 There is a minimum of 20 days that needs to occur between
23 P&Z and City Council.
24 MR. MCNEILL: Which is like three weeks from
25 now, four weeks from now, I believe, isn't it?
PLANNING AND ZONING MEETING MARC~.22, 2000
Page 71
1 MR. POWELL: Give me a second and I'll find
2 the date. It would be April 18th.
3 MR. MCNEILL: Yeah, okay. I'm going to be
4 voting against the motion to postpone because I agree with
5 what's been said here, we need to move this forward to the
6 City Council because whether we vote for it or against it
7 is moot, as Mrs. Apple said. The Council is the one
8 that's going to make the decision, not this body on this
9 particular case because of the 20 percent rule. So I'll
10 be voting against the motion.
11 MR. ENGELBRECHT: Any other comments? The
12 motion then is to postpone to our next regularly scheduled
13 meeting. If you would, vote, please. Motion is denied,
14 five to two. Is there another motion?
15 (COMMISSIONERS RISHEL, APPLE, EN'GELBRECHT.
16 MCNEILL, WILLIAMS VOTED IN OPPOSITION).
17 MR. WILLIAMS: I move that we send this to
18 Council since -- I move that we send this to Council
19 without any response.
20 MR. MCNEILL: Second.
21 MR. ENGELBRECHT: I want to understand the
22 motion is to send it to City Council with no
23 recommendation?
24 MR. WILLIAMS: Yes.
25 MR. ENGELBRECHT: Ladies and gentlemen,
Page 72
I please. Was there a second?
2 MR. MCNEILL: Yes.
3 MR. ENGELBRECHT: Okay. There was a motion
4 and a second. Discussion? Ms. Gourdie.
5 MS. GOURDIE: Yes, they're motioning just to
6 have the rezoning with no recommendations, no building, no
7 exteriors, no land uses, no sale -- prohibited use of
8 alcohol and tobacco. Is that what they're saying, that
9 they're just saying to have the rezoning considered? I
10 don't understand what the motion means.
11 MR. ENGELBRECHT: Thc motion -- the petition
12 would be forwarded to the City Council without a
13 recommendation, in essence.
14 MS. GOURDIE: Okay. Thank you.
15 MR. ENGELBRECHT: Any other discussion on the
16 motion? Legal would like to make a comment.
17 MR. SNYDER: If I understand the motion, if
18 the motion is not to make a recommendation, then, in
19 essence, this body is saying that they're not reco~muending
20 approval of this application. In essence, is that what it
21 amounts to? Is that --
22 MR. MCNEILL: IS that what that means?
23 Legally, is that what that means?
24 MR. SNYDER: Yeah, I would think so and I just
25 wanted to get a clarification. Is that what Mr. Williams
Page 69 - Page 72
CondenseltTM
Page 73
I -- if you're not making a recommendation, under the
2 statute, the Planning and Zoning Commission --
3 MR. WILLIAMS: It's neither hear nor there
4 whether we make one or not. So that's my motion and you
5 can interpret it any way you want to. I made my motion
6 and I will not change it.
7 MR. ENGELBRECHT: well, that's okay. I think
8 it's important that we get a legal interpretation of what
9 the legal meaning of the motion is.
10 MR. WILLIAMS: For you other people, but
11 that's the motion I made and I'm intelligent enough to
12 know the motion that I made.
13 MR. SNYDER: well, then let me say this. The
14 statute requires that the Planning and Zoning Commission
15 make a report to the City Council based on the zoning
16 application. And also our ordinance requires that. So I
17 would construe that to mean, if you're making no
18 recommendation to the application, that, in essence, it
19 would be a recommendation -- if that's the motion, I think
20 the legal effect of it would be that you're not
21 recommending approval of the application.
22 MR. ENGELBRECHT'. okay. All right. Very
23 good. Any other comment? Okay. The motion before us is
24 to send it to, forward to the City Council with no
25 recolmnendation. If there's no other comment, vote,
Page 74
1 please. Motion is denied, four to three. Do we have
2 another motion?
3 (COMMISSIONERS ENGELBRECHT, RISHEL, MORENO,
4 AND GOURDIE VOTED IN OPPOSITION)
5 MR. RISHEL: I'd like to make a motion.
6 MR. ENGELBRECHT: Mt'. Rishel.
7 MR. RISHEL: I'd like to make a motion that we
8 approve the -- to recommend approval of Z-00-003 as
9 recommended by staff with the limitations and
10 recommendations as submitted. And I'm open to any
11 friendly motion.
12 MR. ENGELBRECHT: Is there a second?
13 second the motion. I have a question. You said with the
14 conditions as outlined by staff. Would that also include
15 those verbal conditions that were added by staff, the
16 lighting condition and they had indicated --
17 MR. RISHEL: I would like to include those,
18 yes, sir.
19 MR. ENGELBRECHT: And 1, 2, and 10 from the
20 neighborhood rncctlnSs which were the ones that I believe
21 Mr. Reichhart indicated that they were --
22 MR. RISHEL: It would be my intent that they'd
23 be a part of that motion, yes, sir.
24 MR. ENGELBRECHT: All right.
25 MR. REICHHART: And would that also include
*LANNING AND ZONING MEETING
Page 75
I the revised landscape buffer, that we're just not doing
2 evergreens?
3 MR. RISHEL: AS we discussed in our open
4 session.
5 MR. ENGELBRECHT: And I believe you also had,
6 in addition to 1, 2, and 10 and the buffer, there was also
7 out of No. 6 from the neighborhood meeting, the no poll
8 signs recommendation; although, I don't think that would
9 be allowed anyway under the -- or would it because of the
10 type of roadway?
11 MR. REICHHART: I believe it would be.
12 MR. ENGELBRECHT: okay.
13 MR. RISHEL: would it be appropriate to have
14 Mr. Reichhart review those, as well as the sidewalks, the
15 landscaping, the fencing, the signage?
16 MR. ENGELBRECHT: Let me ask you if you could
17 just review the one that we discussed, I, 2, 10, and the
18 part of 6 and the bufferyard.
19 MR. REICHHART: The conditions that are going
20 forward would be the additional prohibited uses including
21 f'Lrearm sales, video arcades, tattoo parlors, head shops,
22 and outdoor speakers; that the architecture of the
23 building should be similar to the office buildings at
24 Southridge Oaks Office Park; we're going to prohibit
25 24-hour retail uses, for example, no retail customers
Page 76
1 shall be allowed on the property from 7:00 p.m. to 7:00
2 a.m.; we're also saying no poll signs shall be allowed;
3 and then we're saying that the other issues that we had
4 identified have to be addressed in the project plan.
5 Ma. RESHeL: lhank you, Mr. Reichhart.
6 MR. REICHHART: nnd I can go over those if you
7 want, also.
8 MR. RISHEL: Thank you.
9 tm. ENGELBRECHT: Any other questions,
10 comments? Okay. Thank you, Mr. Reichhart. Any
11 discussion? Yes, Mr. Williams.
12 M~. WILL,MS: Yes. I will be voting against
13 this motion in regards to I still have serious problems in
14 regards to the City and changing zoning in mid-stream once
15 a plan has been submitted and voted down by -- unanimously
16 by this Board. But I do have problems with this. And
17 these problems come from my own personal experiences.
18 I've had opportunity to sit with descendants, well, really
19 with people who were moved out of Quakertown. I talked to
Mrs. Clark about ten years ago. And none of these people
21 are still living. She cried ten years ago wben she was a
22 small child when she had to be uprooted because there was
23 some rezoning done. And I think we're setting a bad
24 precedent when, and I empathize with the citizens, when we
25 don't take all precautions when we make major investments
MARCH 22, 2000 Page 73 - Page 76
CondcnacltTM
Page 77
1 to look at what we are buying.
2 I'm in the same position that I was last
3 meeting when the homeowners came and they were concerned
4 about apartments going up, but it was zoned that way.
5 Nobody tried to hide it. And I've even heard anybody say
6 a builder told them anything differently. I also have a
7 problem with everything was hunky-dory as long as the City
8 and school district were getting what they wanted. And
9 now it's changing. And I would have voted in favor of
10 rezoning before another zoning case would have come up.
11 And when I used to play cards in college, we used to call
12 that "after-wish." In other words, when you finish a book
13 and that book is closed, it's closed. You can't go back
14 and reopen it. And I'm just having a problem with the
15 process. And I can't be a part of any process that I
16 can't look myself in the mirror and think that things
17 couldn't have been done differently and better and will we
18 be doing this again and this time will somebody -- will
19 the neighbors get angry at me because I don't shine my
20 shoes and decide they want to rezone my house to
21 Commercial.
22 Ma. ENOELBRECHT: Thank you. Ms. Gourdie.
23 MS. OOURDIE: I have two things, please. I
24 need to know, I need clarification because this is an
25 important vote, if this is passed, this motion on the
Page 78
1 table and it goes to City Council and City Council does
2 not have super-majority which means six out of seven vote
3 for this, if it becomes five-two vote, what happens?
4 MR. SNYDER: I think this motion really
5 doesn't have any affect on that already because of the
6 protest from the property owners, the super-majority.
7 MS. GOURDIE: well, I know. I understand.
8 I'm just saying that we are in a super-majority situation
9 where it has to be a six-one vote in order to have the
10 property rezoned to Neighborhood Center and Conditioned
11 Office. If that does not happen, it does not receive the
12 votes necessary to do, it's a five-two vote which means
13 that it's not passed --
14 MR. SNYDER: That's correct.
15 MS. GOURDIE: -- is the property -- the
16 property is considered still as it is zoned as this
17 moment½ General Retail, and can the detailed plan that
18 exists at this moment begin development?
19 MR. SNYDER: well, the property is zoned
20 Planned D~vclopment ri~lat now, retail. And, yes, it's --
21 the property is as it's zoned now and if the zoning is not
22 changed, then it will be what it's zoned now.
23 MS. GOURDIE: So it will be zoned as it exists
24 at this moment in time?
25 MR. 8NYDER; YeS, it currently is zoned.
PLANNING AND ZONING MEETING
Page 79
1 MS. aOUm>m: ~ight. I'm just trying to
2 understand the ramifications of all this at this moment in
3 time. My other question or my other comment is I will not
4 be voting in favor of this due to what the future holds.
5 It's not giving anyone what all these people are asking
6 for. There's something in the air that's going to happen
7 and I don't foresee it being positive.
8 Secondly, thank God, Abraham Lincoln changed
9 laws hundreds of years ago, because if we did not change
10 laws, we wouldn't be doing anything different, Mr.
11 Williams. And I appreciate your commentary, but things
12 aren't as they seem and if we don't change laws, if we
13 don't move with the way the system works, if we don't
14 become flexible, we are doomed to be hard and forever
15 doomed. And I'm sorry, but that logic is not useful any
16 longer. We must change our laws to work within our
17 community.
18 MR. WILLIAMS: Point of order.
19 MS. GOURDIE: It's my commentary.
20 MR. ENGELBRECHT: I would ask that ali the
21 Commissioners address the entire Commission and not
22 individual Commissioners. We're going to talk about that
23 in the workshop.
24 MS. GOURDIE: Thank you. I just want to say
25 that I believe laws are meant to be changed.
Page 80
MR. ENGELBRECHT: Thank you.
2 MR. REICHHART: Mr. Commissioner, if I may
3 expand on Mr. Snyder's remarks. This is the existing
4 detailed plan that's approved right now. This plan would
5 not require any additional zoning approvals. But it would
6 under our interim regulations require a project plan
7 approval which, again, is the site plan portion of the
8 interim regulations. Anything that differs from this
9 would, again, start just like we did with an application
10 that -- from the previous application, would require
11 neighborhood notifications, public hearings at Planning
12 and Zoning Commission to approve a detailed plan, and then
13 onto City Council again? if it went that far, to again
14 approve a new detailed plan and a project plan, if that
15 answers your questions any further what would happen.
16 MR. ENOEtBRECRT: okay. Thank you. Ms.
17 Apple.
18 MS. APPLE; We still have a motion and a
19 second on the table, I believe, and I will be voting
20 against that motion for a number of reasons. I am
21 concerned that this rezoning, as I meotioned at our last
22 meeting, some of the reasons why, sometimes I'm afraid you
23 might get what you wish for and I'm not sure that that
24 plan would not end up being worse in some ways than the
25 previous plan. I don't know that. I share the concerns
MARC~22,2000
Page 77 - Page 80
Cond~ns~ItTM
Page 81
1 of the neighbors. I share the concems of the school
2 district. But I don't know that this particular plan is
3 the way to go.
4 MR. ENGELBRECHT: Mr. Moreno.
5 MR. MORENO: Yes, sir, MI'. Chairman, just a
6 couple of concerns. One of the biggest concerns that I
7 have and I hope that the neighborhood thinks about this
8 very carefully, is that we're trading potentially an
9 80,000 square foot building that I envision as a strip
10 center and you're trading that or accepting that in
11 exchange for what might be potentially a much smaller
12 retail complex of some kind. I still have concerns about
13 this process that we're going through. I think that while
14 it's maybe technically legal, that there's just something
15 that doesn't feel quite right about it. I sympathize with
16 the neighbors. It's hard to face all of you and not
17 respond positively to your wishes. But I, too, will be
18 voting against the motion. I can't help but feel that a
19 little bit more time to reflect upon what you may get
20 would benefit both you, the developer, and all concerned.
21 MR. ENGELBRECHT: Mr. Rishel.
22 MR. RISHEL: ye, ah. I just wanted to point out
23 -- would you put your plan back up there? As we have that
24 and we look at that unit, there's nothing that would
25 prevent any retailer from, as a hypothetical example, even
Page 82
I a Wal-Mart from occupying that space. Is that correct?
2 MR. REICHHART: currently?
3 MR. RISHEL: Right.
4 MR. REICHHART: If it's in exactly this
5 configuration, it doesn't need the public hearing portion
6 of the zoning. It still needs project plan approval.
7 MR. RISHEL: My point exactly. So we haven't
8 stripped or taken away any zoning that might potentially
9 be there that was previously granted or anything else?
I0 MR. REICHHART: correct.
11 MR. RISHEL: okay. That's what I wanted to
12 make a point on. Thank you.
13 MR. ENGELBRECHT: okay. Any other comments?
14 The motion is to recommend approval with conditions.
15 Vote, please. Motion is denied, five to two.
16 (COMMISSIONERS APPLE, MORENO, MCNEILL,
17 WILLIAMS, GOURDIE VOTED IN OPPOSITION)
18 MR. ENGELBRECHT: AS far as I can tell, unless
19 someone wants to create a motion, that that pretty well
20 covers thc gamut of possibilities for this case. It
21 appears no one else wants to make a motion.
22 MR. SNYDER: I just wanted to point out what
23 the --
24 MR. ENGELBRECHT: Mr. Snyder would like to
25 make a comment with regard to the --
PLANNING AND ZONING MEETING
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 83
MR. SNYDER: l just want to point out, the
legal effect because there's been no motion to approve,
the motion to approve has failed, then the report would go
onto the City Council as this body not recommending
approval of the application.
MR. ENGELBRECHT: okay. First off, I want to
thank everyone for coming this evening and for your
patience. And at this time, we're going to take a
15-minute break.
(Break taken )
(At this time, a workshop was conducted in
which no verbatim minutes were requested)
(End of proceedings)
Page 81 - Page 83
ATTACHMENT 3
City representatives were asked to attend a neighborhood meeting on Monday, Mamh
20, 2000 at Sam Houston Elementary. Representatives from Bent Oaks, Southridge,
Indian Ridge, Forest Ridge, Hunters Ridge and Sundown Ranch were in attendance
(see sign-in sheet). Below is a list of additional conditions requested by the group.
1. Prohibited uses (in addition to those already identified): Fire Arm Sales, Video
Arcades, Tattoo Parlors, Head Shops, and Out Door Speakers.
2. Architecture of the buildings should be similar to the office buildings at Southridge
Oaks Office Park.
3. Increase required setbacks along northern property line. (for school children's safety)
4. No day light deliveries by semi-trailers.
5. Require 8' wide sidewalks along perimeter (for school children's safety).
6. Allow only monument signage. (No pole signs) (A discussion regarding the type of
building mounted signage that should be allowed ensued, but no consensus was
found. Signage details could be finalized at the time a Project Plan is submitted for
review and approval.)
7. Allow only pedestrian lighting on the site. (This is to eliminate the potential negative
lighting effects off-site. This was not a consensus opinion and staff would prefer to
utilize or standard lighting condition at the time of Project Plan review and approval.)
8. Eliminate curb cut along the northern property line.
9. Require 6' to 8' masonry wall along northern property line. (This was not a
consensus opinion.)
10. Prohibit 24-hour retail uses (i.e. No retail customers shall be allowed on the property
from 7PM to 7AM.)
11. Hold a Neighborhood meeting. Staff agreed to have a meeting and suggested that one
could be held prior to City Council action on this case.
1. As new products are introduced to the market could they be used instead of
composition shingles? (Condition 3b)
2. What was the notification requirements in 19917
3. What is the maximum height of a two story building?
4. Why allow the north curb cut on Teasley?
5. Require a continuous 8' high masonry wall along the northern property line to
screen the site and provide security to the school children.
6. Could a fund be set up that would allow private citizens to make donations so
the city could by the site?
I
m-Z
I
I
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM PLANNED DEVELOPMENT (PD-16) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO NEIGHBORHOOD SERVICE (NS) WITH CONDITIONS
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
8.3 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE AND
TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z-00-03)
WHEREAS, The City of Denton initiated a change in zoning for 8.3 acres of land from
Planned Development (PD-16) zoning district classification and use designation to Neighborhood
Service (NS) with conditions zoning district classification and use designation; and
WHEREAS, on March 22, 2000, the Planning and Zoning Commission concluded a public
hearing as required by law, after which a motion to recommend approval of the requested change
in zoning failed; and
WHEREAS, the City Council finds that the conditions imposed by this ordinance are in the
public interest; and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the 8.3 acre property
described in the legal description attached hereto and incorporated herein as Exhibit A is changed
from Planned Development (PD-16) zoning district classification and use designation to
Neighborhood Services (NS) zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions:
The permitted land uses are restricted to those described in the list attached hereto and
incorporated herein by reference as Exhibit B, some of which require a specific use permit
as shown on Exhibit B.
The maximum building gross floor area shall be 86,200 square feet, with no individual
structure to exceed 80,200 square feet. Total gross floor area devoted to professional and
administrative offices shall be no less than 40,000 square feet. No individual business shall
exceed 4,000 square feet of gross floor area, except professional and administrative offices,
which may not exceed 10,000 square feet per individual business.
3. Architectural standards include the following:
Page 1 of 3
a. Maximum building height shall not exceed two (2) stories.
b. All buildings shall have no less than a 6/12 roof pitch and composition shingles, x
c. Exterior building material shall be 100% brick or masonry.
The sale of alcohol, tobacco and firearms are prohibited. Video arcades, tattoo parlors, head
shops, or land uses employing outdoor speakers are also prohibited.
No retail customers shall be allowed on the property from 10PM to 7AM.
A continuous 50-feet wide bufferyard along the entire length of the western site boundary
shall be maintained at all times. A masonry screening wall shall be constructed along the
easternmost edge of the bufferyard, at a height of 8 feet above finished grade. Evergreen
trees and shrubs shall be installed on the west side of the screening wall and shall be a part
of the landscape plan. The design and materials used for the screening wall, and the
landscape plan shall be provided and approved prior to the issuance of a building permit.
Any service delivery areas shall be screened from public rights-of-way. Storage areas shall
be contained within buildings.
A maximum of three curb cuts shall be allowed in accordance with City of Denton
subdivision regulations; one on the north boundary, one on the east boundary, and one on the
south boundary connecting to the existing access easement. If the west boundary curb cut
is installed, access restrictions shall be established to prevent traffic circulation into the
school property to the west.
9. No pole signs shall be allowed.
10. In addition to the above conditions the standards for Project Plan approval, as per Ordinance
No. 2000-069, shall be satisfied prior to application for building permit. The project plan
shall also address all Site conditions that are required by the above conditions. In addition,
the project plan shall also address pedestrian access and safety adjacent to and through the
project site, signage, lighting, parking lot screening, location of service areas, loading areas,
and dumpsters in relation to the adjacent school and vehicular access to the site.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
Page 2 of 3
SECTION 5. 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 twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of
,2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
Page 3 of 3
EXHIBIT A
8.294 ACRES OF LAND
FIELD NOTES to all that certain tract of land situated in the C. Poullalier Survey Abstract Number 1006 City of
Denton, Denton County, Texas and being all of the remainder of the called 9.212 acre Tract I and all of the called
1.962 acre Tract II described in the deed from Alexander Management to E. Alexander recorded under C.F.N. 97-
R0002632 of the Real Property Records of Denton County, Texas; the subject tract being more particularly
described as follows:
BEGINNING for the Northeast comer of the tract being described herein, at the Northeast comer of the said Tract II
at the intersection of the South line of Teasley Lane with the West line of Lillian Miller Parkway, same being the
Northeast comer of the called 1.962 acre tract described in the deed from City of Denton to First Republic Bank of
Dallas recorded in Volume 2978, Page 380 of the Deed Records of Denton County, Texas;
THENCE South 01 Degrees 03 Minutes 39 Seconds East with the West line of Lillian Miller Parkway and the East
line of the said 1.962 acre First Republic Bank Tract a distance of 573.66 feet to a to a 1/2 inch iron rod set at the
most Southerly comer of the said tract in the Southwest right-of-way of FM 2181 as described in the deed from
R.M. Evers to the State of Texas recorded in Volume 400, Page 334 of the said Deed Records and also being the
Northeast line of the said Tract I;
THENCE Southeasterly along the arc of a curve to the fight with the Southwest fight-of-way of F.M. 2181, having a
radius of 671.77 feet, an arc length of 79.45 (chord bearing South 04 Degrees 32 Minutes 44 Seconds East a distance
of 79.4t feet) to a ½ inch iron rod set in the East line of the said Tract I at the end of a curve;
THENCE South 01 Degrees 09 Minutes 07 Seconds East continuing with the said right-of-way a distance of 42.33
feet to the Northeast comer of the tract of land described in the deed from N.C.N.B. National Bank to the City of
Denton as recorded in Volume 2978, Page 9090 of the said Real Property Records;
THENCE South 88 Degrees 44 Minutes 10 Seconds West with the North line of the City of Denton tract and the
R.N.W. Addition as shown by the plat thereof recorded in Cabinet H. page 338 of the Plat Records of Denton
County, Texas a distance of 492.58 feet to a ½ inch iron rod found at the Northwest comer thereof in the East line of
a called 15.000 acre tract of land described in the deed from Henry S. Miller Co.; to Denton Independent School
District recorded in Volume 979, page 174 of the Deed Records of Denton County, Texas;
THENCE with the East line of the said DISD tract and the West line of Tract one the following three calls:
North 01 Degrees 16 Minutes 40 Seconds West a distance of 254.28 feet to a ~ inch iron rod
found;
North 24 Degrees 29 Minutes 26 Seconds West a distance of 126.27 feet to a % inch iron rod set;
No~th 00 Degrees 51 Minutes 22 Seconds West a distance of 332.10 feet to a % inch iron rod set at
the Northeast comer &the DISD tract in the Southwest fight-of-way of F.M. 2181;
THENCE with the said Right of Way and the North line of Tract I along the arc of a curve to the right having a
radius of 671.77, an arc length of 79.45 (chord bearing South 04 Degrees 32 Minutes 44 Seconds East a distance of
79.41 feet) to iron rod set for the West comer of the said 1.962 acre First Republic Bank tract;
THENCE North 70 Degrees 09 Minutes 13 Seconds East with the North line of the 1.962 acre First Republic Bank
tract and the South line of Teasley Lane a distance of 62.15 feet to a ½ inch iron rod set at an angle point therein;
THENCE South 89 Degrees 48 Minutes 05 Seconds East continuing with the North line of the 1.962 acre First
Republic Bank tract and the South line of Teasley Lane a distance of 413.93 feet to the PLACE OF BEGINNING
an enclosing 8.294 acres of land;
Exhibit B
Land uses shall be limited to the following:
a. Art Gallery or Museum
b. Church Or Rectory
c. Community Center (Public)
d. Institution Of Religious Or Philanthropic Nature
e. Park, Playground Or Public Community Center
f. Swimming Pool (Private)
g. Telephone, Business Office
h. Park Or Playground (Public)
i. Antique Shop (with a Specific Use Permit)
j. Bakery Or Confectionery Shop (Retail)
k. Cleaning And Pressing Small Shop And Pickup
1. Custom Personal Service Shop
m. Drapery, Needlework Or Weaving Shop
n. Florist Or Garden Shop
o. Handicraft Shop
p. Laundry Or Cleaning, Self Service
q. Offices, Professional & Administrative
r. Restaurant (with a Specific Use Permit)
s. Retail Stores & Shops 4,000 Square Feet Or Less
t. Studio for Photographer, Musician, Artist Or Health
Age.dado
oate __
AGENDA INFORMATION SHEET
AGENDA DATE:
CM/DCM/ACM:
SUBJECT
May 2, 2000
Kathy DuBose
Consider an appointment, by the City Manager, of a new member to the Civil Service
Commission.
BACKGROUND
The term of Emilio Gonzalez, Civil Service Commissioner expires in May, 2000; therefore, in
compliance with Chapter 143.006 (b) of the Texas Local Government Code, the municipality's
chief executive (City Manager) shall appoint a member to serve a three year term. This
appointment shall be confirmed by the governing body.
OPTIONS
The governing body may confirm or deny the Chief Executive's (City Manager) appointment.
RECOMMENDATION
The City Manager has elected to appoint Dr. Vincent Ramos, Assistant Professor of Psychology
at the University of North Texas, to the Civil Service Commission.
p d by: ~
Davina S. Jones
Human Resources General/st
~; R~ine
Director of Human Resources
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
May 2nd, 2000
Planning & Developmen~partment
Dave Itill, 349-8314" ~ ~
Agenda No. 0 o --or r~
Agenda Item ~ .2. /
Date,
SUBJECT
Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance
2000-069, for Regency Oaks Phase II. The 10.2+ acre site is generally located on the east of FM 1830
and south of Hobson Lane. Twenty-two (22) SF-16 residential lots are proposed. (RR-00-11, Regency
Oaks)
BACKGROUND
An application for request for relief from the Residential Interim Regulations has been received. (see
Attachment 1). Background information regarding the current status of this case is provided in
Attachment 2.
Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by City Council on
February 1st, 2000. This ordinance contains standards with which residential development projects
must comply until the Code Rewrite project is completed and permanent standards are adopted.
Ordinances 2000-046 also contains a separate section that allows applicants to request relief from the
interim regulations, including evaluation criteria to be used by Council:
Section F. Relief Procedures
1. The applicant may petition the City Council for relief from these interim
development regulations by requesting such relief in writing.
2. The City Council shall not relieve the applicant from the requirements of this
ordinance, unless the applicant first presents credible evidence from which the City
Council can reasonably conclude that the imposition of the residential density
limitations or other development standards deprives the applicant of a vested property
right or deprives the applicant of the economically viable use of his land.
3. In deciding whether to grant relief to the applicant, the City Council shall take
into consideration the following:
(a) whether granting relief from the residential density limitations or other
development standards contained in these interim development regulations, in
the absence of permanent revisions to the City's Land Development Code that
implement the provisions of the comprehensive plan jeopardizes the City's
best interests in preventing such effects;
(b) the suitability of the proposed residential uses in light of land uses
allowed in the zoning districts on property adjacent to the proposed site;
(e) the impact of the proposed residential use on the transportation and
other public facilities systems affected by the development;
(d) the measures proposed to be taken by the applicant to prevent negative
impacts of the proposed use on the neighborhood;
(e) the likelihood that sufficient relief will be provided to the applicant
following adoption of the City's Development Code;
(f) the total expenditures made in connection with the proposed residential
development in reliance on prior regulations, including the costs of installing
infrastructure to serve the project;
(g) any fees reasonably paid in connection with the proposed use;
(h) any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant
The City Council may take the following actions:
(a) deny the relief request;
(b) grant the relief request; or
(c) grant the relief request subject to conditions consistent with the criteria
set forth in this section.
OPTIONS
Council may either:
1.
2.
3.
5. Any relief granted by the City Council shall be the minimum deviation from
ordinance requirements necessary to prevent deprivation of a vested property right.
Deny the request for relief, or
Grant the request for relief, or
Grant the request for relief, subject to conditions consistent with the evaluation criteria set
forth in the ordinance (and referenced above).
RECOMMENDATION
Staff recommends that the decision of whether or not to grant the requests for relief should be based on
the merits of each individual application.
ESTIMATED PROJECT SCHEDULE
Review schedules are discussed in the attachments.
PRIOR ACTION/REVIEW
Two petitions were reviewed on April 18, 2000:
1. Evers Park- approved
2. Summit Oaks Addition, Phase II - approved
Five petitions were reviewed on April 4, 2000:
1. Lakeview Ranch- approved
2. Audra Oaks - approved
3. Robinson Oaks - denied
4. Belle Bryan Apartments - approved
5. Behning Place - approved
Two petitions were reviewed on March 7, 2000:
6. Shadow Brook Place- approved
7. Beverly Park Estates - approved
One petition was reviewed on February 15, 2000:
1. Golden Triangle Joim Venture (Z-99-096) - approved
FISCAL INFORMATION
The petitions are being processed and brought to Council using existing staff resources.
ATTACHMENTS
1. Staff report
Respectfully submitted:
Director of Planning and Development
WAIVER REQUEST
STAFF REPORT
ATTACHMENT 1
Sub|ect: Regency Oaks Phase II
Staff: Larry Reichhart
Case Number: RR-00-11
BACKGROUND:
Request:
Location:
Zoning:
Acreage:
Platting:
Comp Plan Consistency:
Relief from the Residential Interim Regulations (Ordinance
No. 00-046) to submit preliminary and final plats for a
proposed 20 lot single-family subdivision. The proposed
lots range in size from 16,000 SF to 34,000 SF. The
proposed density is 0.5 units per acre.
Generally east of FM 1830 and south of Hobson Lane (see
Enclosure 1 )
SF-10 (c) (see Enclosure 1)
10.2 acres
The property is platted. A revised preliminary and final plat
would be required.
The subject site is located in the Existing
Neighborhoods/Inflll Compatibility district. New
development in this district should respond to existing
development with compatible land uses, patterns and
design standards. Staff finds the development consistent
with the intent of the Comprehensive Plan.
CONCLUSION:
Additional Approvals With Relief
Zoning Plan Not Required
Project Plan Not Required
Revised Preliminary Plat ~
Revised Final Plat
Building Permit
ENCLOSURES:
'1. Zoning Map
2. Land Use Map
3. Application
ENCLOSURE 1
Regency Oaks, Phase II
NORTH
ZONING MAP
Scale: None
ENCLOSURE 2
Regency Oaks, Phase II
NORTH
LAND USE MAP
Scale: None
ENCLOSURE 3
INTERIM ORDINANCE RELIEF APPLICATION FORM Date:
APPLICATION FOR RELIEF FROM ORDINANCE NO. 2000-046
Project Name:
Project Address (Location): ~//~7-' ~) ~-' ~ /1~:''''~ O
Existing Use: ~/~/~D C ~ ~L Proposed U~:__
Exist~g ~mpr~enslve Hm Desi~a~on: ~g' ~' Gross Acres:
Exist~g Zo~ ~ ~/0 ~/~O d~roposed Zo~
SEE RELIEF PROCEDURES ON BACK
APPLICANT INFORMATION
Property Owner.'
Address:
City:. State:
Contact:
Address:
Ci~
State:.
ZIP: 7~' ~.t~,.l'-' Emaih
Company:
Tel: Fax:
ZIP: Email:
company:
Tel: Faro
ZIP: Emaih
SIGNATURE OF PROPERTY OWNER OR. APPLICANT
(SIGN AND PRINT OR. TYPE NAME), /
SIGNATURE:
~tt~ of authodzatlon reqmred if sigm p percy
Print or Type Name:
Subscribed and sworn before me this
Nj~ary Pub~t
For Departmental Use Only
C eNo.:
Case Manager:
Total Fee(s):.
Receipt No:
Date Submitted:
Accepted By:
Form Updated:
APPLICATION DEADLINg. 7 . DNESDAYS AT 10:00 AM.
April 5, 2000
Denton City coUncil
Request interira Ordinance Relief- proposed 20 lot SF residential lots Regency Oaks II
The site for the proposed 20-1ot single family residential development was zoned SF-10 conditioned on
1993 by the Ordinance 93-038. The proposed 20 lots range from 16,000 -34,000 sq. ft, well above lot
sizes allowed in SF-10 zoning district, and providing a density of 1.96 units per acre. This development
matches with the Forrestfidge Subdivision to the East and the proposed El Paseo Addition to the South by
proposing 80 % brick homes with side and mar entry garage and mini~num 2,500 square foot living areas.
This development will be also consistent with rite adjacent development by providing the same front, side,
and rear set backs. There are existing and adequate tmderground utilities to service this property including
water, wastewater, draining facilities (storm sewer) and road access, We lmve met wifl~ the adjoining
property owners, conducted a neighborhood meeting and met no resistance. In fact, we experience very
positive support.
The extension of the existing street will imve curb and gutter which again is 100% consistent with all of the
adjoining Forrestridge development. The cul-de-sac is wider titan the existing city code required to allow
better vehicular and emergency velticle turn mound area. The extension of the road was done due to the
unique characteristics of the land, wlfich limits the options available. Ingress and egress will be on FM
1830 primarily; however a street stub to the North Ires been proposed for future cotmec~inn to any
development on the Woodson parcel. We negotiated very diligently with the proposed development to the
South (El Paseo Addition) to com~ect roads into and tlu:ough it; but we were unsuccessful in finalizing an
agreement.
The residential interim regulations will require the submission of a zoning plan and project plan. I believe
the proposed subdivision exceeds the objectives that the interim regulations are trying to accomplish.
Therefore, I am requesting a relief from the interim regulations and proceed with the platting process for
the proposed development. In addition, the financial burden of canying a new zoning process will be
difficult. Tlds development, we believe, compliments the area and will make a great addition to this area.
Local Dculou contractors will build fine custom homes like those in Forrestridge. Your kind attention is
appreciated.
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
May 2nd, 2000
Planning & Developm~ent~epartment
Dave Hill, 349-8314~
Agenda No. ~
Agenda Item ~ .z .z,,,
Date_ ,.s'-..,,~. - o o
SUBJECT
Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance
2000-069, for Eagle Place Apartments. The 0.35+ acre property is located at 317 Bernard Street.
Fourteen (14) efficiency apartments are proposed. (RR-00-12, Eagle Place Apartments)
BACKGROUND
An application for request for relief from the Residential Interim Regulations has been received. (see
Attachment 1). Background information regarding the current status of this case is provided in
Attachment 2.
Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by City Council on
February 1st, 2000. This ordinance contains standards with which residential development projects
must comply until the Code Rewrite project is completed and permanent standards are adopted.
Ordinances 2000-046 also contains a separate section that allows applicants to request relief from the
interim regulations, including evaluation criteria to be used by Council:
Section F. Relief Procedures
1. The applicant may petition the City Council for relief from these interim
development regulations by requesting such relief in writing.
2. The City Council shall not relieve the applicant from the requirements of this
ordinance, unless the applicant first presents credible evidence from which the City
Council can reasonably conclude that the imposition of the residential density
limitations or other development standards deprives the applicant of a vested property
right or deprives the applicant of the economically viable use of his land.
3. In deciding whether to grant relief to the applicant, the City Council shall take
into consideration the following:
(a) whether granting relief from the residential density limitations or other
development standards contained in these interim development regulations, in
the absence of permanent revisions to the City's Land Development Code that
implement the provisions of the comprehensive plan jeopardizes the City's
best interests in preventing such effects;
(b) the suitability of the proposed residential uses in light of land uses
allowed in the zoning districts on property adjacent to the proposed site;
(c) the impact of the proposed residential use on the transportation and
other public facilities systems affected by the development;
(d) the measures proposed to be taken by the applicant to prevent negative
impacts of the proposed use on the neighborhood;
(e) the likelihood that sufficient relief will be provided to the applicant
following adoption of the City's Development Code;
(f) the total expenditures made in connection with the proposed residential
development in reliance on prior regulations, including the costs of installing
infrastructure to serve the project;
(g) any fees reasonably paid in connection with the proposed use;
(h) any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant
The City Council may take the following actions:
(a) deny the relief request;
(b) grant the relief request; or
(c) grant the relief request subject to conditions consistent with the criteria
set forth in this section.
OPTIONS
Council may either:
1.
2.
3.
5. Any relief granted by the City Council shall be the minimum deviation from
ordinance requirements necessary to prevent deprivation of a vested property right.
Deny the request for relief, or
Grant the request for relief, or
Grant the request for relief, subject to conditions consistent with the evaluation criteria set
forth in the ordinance (and referenced above).
RECOMMENDATION
Staff recommends that the decision of whether or not to grant the requests for relief should be based on
the merits of each individual application.
ESTIMATED PROJECT SCHEDULE
Review schedules are discussed in the attachments.
PRIOR ACTION/REVIEW
Two petitions were reviewed on April 18, 2000:
1. Evers Park- approved
2. Summit Oaks Addition, Phase II - approved
Five petitions were reviewed on April 4, 2000:
1. Lakeview Ranch- approved
2. Audra Oaks - approved
3. Robinson Oaks - denied
4. Belle Bryan Apartments - approved
5. Behning Place - approved
Two petitions were reviewed on March 7, 2000:
6. Shadow Brook Place - approved
7. Beverly Park Estates - approved
One petition was reviewed on February 15, 2000:
1. Golden Triangle Joim Venture (Z-99-096) - approved
FISCAL INFORMATION
The petitions are being processed and brought to Council using existing staff resources.
ATTACHMENTS
1. Staff report
Respectfully submitted:
DouglaslS. Powell,-AICP --
Director of Planning and Development
WAIVER REQUEST
STAFF REPORT
ATTACHMENT 1
Subject: Eagle Place Apartments
Staff: Larry Reichhart
Case Number: RR-00-12
BACKGROUND:
Request:
Location:
Zoning:
Acreage:
Platting:
Comp Plan Consistency:
Relief from the Residential Interim Regulations (Ordinance
No. 00-046) to submit for a building permit to construct a
14 unit (efficiencies) apartment complex. Proposed density
would be approximately 38 units per acre.
317 Bernard Street (see Enclosure 1 )
MF-1 (see Enclosure 1)
0.35 acres
The property is not platted. (A final plat has been approved
by P&Z but has not been filed)
The Comprehensive Plan identifies this property to be
within the "Downtown University Core District. This area is
intended to have a mix of educational, residential, retail,
office, service, government, cultural and entertainment
development. Staff finds the use consistent with the intent
and density of the Comprehensive Plan, the design may or
may not be consistent.
CONCLUSION:
Additional Approvals Without Relief With Relief
Zoning Plan ~ Not Required
Project Plan ~ ~ Not Required
Building Permit ~ ~
ENCLOSURES:
1. Zoning Map
2. Application
4o
ENCLOSURE 1
317 Bernard Street
NORTH
SYCAMORE
PRAIRIE
ZONING MAP
Scale: None
Se
04/04/00 TUE 10:11 FAX 940~497707
,~T'~X) ......... "LANNING
ENCLOSURE 2
~001
INTEKIM ORDINANCE RELIEF APPLICATION FOP~
APPLICATION FOR KELI£F FROM ORDINANCE NO. 2000-046
Existing
SEE RELIEF PROCEDURES ON BACK
APPLICANT INFORMATION
Compmy:
Address: Tel:
C~: St;e: ZIP; Emdl:
APPLICATION DEADLINE IS WEDNESDAYS AT I~:00 AM.
e
04/04/00
TUE 16;12 FAX 9403497707
¢ITk' OF DENTON PLANNING
~]002
..hpplicatior; Req?ementl: (.')RD NO 2000-046, Sec&m F. Wac applic.~nt m~' petition the City Council for rdief from these
(Ord. No. 200:30~6) interim development regulations by requardng sucli relief in wrklng.
The City Council shall not relieve the applicant from the requirements of (Ord. No. 200-046), unless the applicant first pre.ms
credible evidence from which the CityCoundl can reasonably conclude that the unposmon of the res~dem~d densay llmirauons or
o~her devdopment ~andards deprives the appli~.mt of avested property right or deprives the awllcmt of the economlcaliv viable
u~c of d'.ck land. - -- -
Thc applicant is requested to submit sufficient imeorrn~tion addressing the following criteria. The applicant will also be
responsible ia making their case before City Council.
In &riding whether to grant relief to the applieam, the Cky Council shall take into the consideration the followin~
UI Whether granting relief from the residenti.al den.~ity lhni ,~ions or other development standards contained ha these interim.
development regulation, in the absence of permanent revisions to the City's Land Development Code that im~!ement the
p~caauons of the comprehensive plan, )eopardizes the C~ty s best mteresxs in ptevenung such effects;
The s'uitabili~ of the proposed residential uses in light of lind uses allowed in the zoning dis~dcts on property gtjacent to tee
proposed site;
The intpac~ of the proposed resi&nfial use an the transportation ~d o:her public facilities systems affected by'the
development;
~ Them-.amre~r~ed~betakenbythea~Li~amt~revemnega~veimPae~s~thepr~P~s~duse~hen~ighb~rh~d;
~ 'Foe l~dihood that suffident relief will he provided to the appllcam fol!o~g adopdon of ~he City% Devdopmem Code;
The total ~cpenditures made in connection with she proposed residential &velopment ia reliance on prlor regulations,
· including the costs of Nsz~g infi:eatruc~x:re to sen'e d~e project;
Any fees reasonably paid in connection with the proposed use;
~ Any represgn:ations mazle by the Gty ¢oncer~ng the pro.ie¢t md reasonably relied upon to the detrlment of the applicam.
The City Cotmeil may t'&e the following actions:
(a) denyO, e rdiefreque=~;
(la) grant the relief request; o~
(c) grant the relief request subject to condioons conxi~:ent with the crkeria set forth in Ord, No. 2000-046.
.~my relief granted by the City Council shall bo the minimum deviafiou from ordins, nce requirements necessary to prevent
deprivation ~f a vexed property fight.
April 4, 2000
To: Denton City Council
From: Roy Metzler
RE: Eagle Place Apts.
David Manning and Myself own the subject property and received final plat approval in
1999. The final plat was to be filed once a building permit was granted. We have now
been advised by Greg Mitchell with the Building Inspections Department that the plans
submitted are not in compliance with the Interim Ordinance.
Significant time and expense has been undertaken to get this project completed and feel
we meet all relief criteria.
Thank you.
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
May 2nd, 2000
Planning & Develop~artment
Dave Hill, 349-8314 ~
Agenda No. D~ ,' '~'.
Agenda Item ~ .,,3,,:3. .
Date ---~'~ "0/7 _
SUBJECT
Consider and take action on a request for relief from the Residential Interim Regulations, Ordinance
2000-069, for the 420 acre Preserve at Pecan Creek Subdivision and a 42 ace parcel adjacent to the
Preserve and south of Pockrus Page Road, (RR-00-13, The Preserve);
A. Relief to proceed with zoning and platting on a 42 4- acre parcel located adjacent to the
Preserve at Pecan Creek and south of Pockrus Page Road. Single-family development is
proposed.
B. Relief to proceed with an application to amend the Detailed Plan for PD-132 (The Preserve)
to revise lot coverage.
BACKGROUND
An application for request for relief from the Residential Interim Regulations has been received. (see
Attachment 1). Background information regarding the current status of this case is provided in
Attachment 2.
Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by City Council on
February 1st, 2000. This ordinance contains standards with which residential development projects
must comply until the Code Rewrite project is completed and permanent standards are adopted.
Ordinances 2000-046 also contains a separate section that allows applicants to request relief from the
interim regulations, including evaluation criteria to be used by Council:
Section F. Relief Procedures
1. The applicant may petition the City Council for relief from these interim
development regulations by requesting such relief in writing.
2. The City Council shall not relieve the applicant from the requirements of this
ordinance, unless the applicant first presents credible evidence from which the City
Council can reasonably conclude that the imposition of the residential density
limitations or other development standards deprives the applicant of a vested property
right or deprives the applicant of the economically viable use of his land.
3. In deciding whether to grant relief to the applicant, the City Council shall take
into consideration the following:
(a) whether granting relief from the residential density limitations or other
development standards contained in these interim development regulations, in
the absence of permanent revisions to the City's Land Development Code that
implement the provisions of the comprehensive plan jeopardizes the City's
best interests in preventing such effects;
(b) the suitability of the proposed residential uses in light of land uses
allowed in the zoning districts on property adjacent to the proposed site;
(c) the impact of the proposed residential use on the transportation and
other public facilities systems affected by the development;
(d) the measures proposed to be taken by the applicant to prevent negative
impacts of the proposed use on the neighborhood;
(e) the likelihood that sufficient relief will be provided to the applicant
following adoption of the City's Development Code;
(f) the total expenditures made in connection with the proposed residential
development in reliance on prior regulations, including the costs of installing
infrastructure to serve the project;
(g) any fees reasonably paid in connection with the proposed use;
(h) any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant
The City Council may take the following actions:
(a) deny the relief request;
(b) grant the relief request; or
(c) grant the relief request subject to conditions consistent with the criteria
set forth in this section.
5. Any relief granted by the City Council shall be the minimum deviation from
ordinance requirements necessary to prevent deprivation of a vested property right.
OPTIONS
Council may either:
1. Deny the request for relief, or
2. Grant the request for relief, or
3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set
forth in the ordinance (and referenced above).
RECOMMENDATION
Staff recommends that the decision of whether or not to grant the requests for relief should be based on
the merits of each individual application.
ESTIMATED PROJECT SCHEDULE
Review schedules are discussed in the attachments.
PRIOR ACTION/REVIEW
Two petitions were reviewed on April 18, 2000:
1. Evers Park- approved
2. Summit Oaks Addition, Phase II - approved
Five petitions were reviewed on April 4, 2000:
1. Lakeview Ranch- approved
2. Audra Oaks - approved
3. Robinson Oaks - denied
4. Belle Bryan Apartments - approved
5. Behning Place - approved
Two petitions were reviewed on March 7, 2000:
6. Shadow Brook Place - approved
7. Beverly Park Estates - approved
One petition was reviewed on February 15, 2000:
1. Golden Triangle Joint Venture (Z-99-096) - approved
FISCAL INFORMATION
The petitions are being processed and brought to Council using existing staff resources.
ATTACHMENTS
1. Staff report
Respectfully submitted:
Director of Planning and Development
WAIVER REQUEST
STAFF REPORT
ATTACHMENT 1
Subject: The Preserve
Staff: Larry Reichhart
Case Number: RR-00-13
BACKGROUND:
Request:
Location:
Zoning:
Acreage:
Platting:
Comp Plan Consistency:
Relief from the Residential Interim Regulations (Ordinance
No. 00-046) to proceed with zoning and platting for a
single-family development on a 42 +_ acre parcel located
adjacent to the Preserve at Pecan Creek and south of
Pockrus Page Road and to proceed with an application to
amend the Detailed Plan for PD-132 (The Preserve) to
revise lot coverage.
Generally east of Swisher and north of 135E (see
Enclosure 1 )
PD-132 (The Preserve) and A (42 acre site) (see
Enclosure 1)
Preserve - 420_+, & 42_+ acres
The Preserve is platted. The 42 acre parcel will require
platting prior to development.
The Comprehensive Plan identifies this property to be
within the "Neighborhood Centers" District. These areas
may develop in conventional patterns or may be developed
in a pattern of 'neighborhood centers'. The property also
has 100 year floodplain on the property. Any issues
related to the floodplain will be resolved during the platting
process. Single-family development is consistent with the
intent of the Comprehensive Plan.
CONCLUSION:
Potential approvals for the "42 acre" parcel.
Additional Approvals Without Relief With Relief
Zoning Plan ~ Not Required
Project Plan ~ ~ Not Required
PD Detailed Plan Not Required
Preliminary Plat ~ ~
Final Plat ~ ~
Building Permit
ATTACHMENT 1
Potential approvals to amend the Detailed Plan (to revise lot coverage).
Additional Approvals Without Relief With Relief
Zoning Plan Not Required
Project Plan ~ ~ Not Required
Revise Detailed Plan ~"~ ~ ~
Preliminary Plat ~~
Final Plat ~
Building Permit ~ ~ x~
ENCLOSURES:
1. Zoning Map
2. Application
The Preserve
NORTH
ZONING MAP
Scale: None
The Preserve At Pecan Creek, Ltd.
4000 West Windsor Driv~
Flo~;e~ Mound, Texas 7502~
Tel: 972-355-3795
Fax: 972-355-3797
AprilS, 2000
VIA HAND DELIVERY
Mr. Lar?y Reiehhart
Planning & Development'Department
City of Denton
221 N. Elm
Denton, TX 76201 -.
RE:-. REQUEST FOR DENSITY INCREASE
Dear Larry: ' '
: . As Dan Hopkins and I discussed with you last month, we are in the process of purchasing
a 42.acre tract of land adjacent to the Preserve at Pecan Creek. We have been attempting
· . . .. to purchase this tract from a family for the past yoar and'the contract finally was executed
' in February of this year. · ,.-' '
The Preserve at Pecan ~reek respectfully requests the City of Denton to allow an increase
in density in PD-32 from-3.36 units tO the acre to 3.57 units to the acre (not including the
multi family tract)by incorporating the 42 acre:tract into the existing PD-32: In order to
accomplish this, it is our understanding that we will have to receive a waiver from the
City CoUncil on the. density restrictions adopted in December, 1999.
The pioposed addition is referred to as Section A:3 :and is a natural extension of Sections
A2i' and A-2 ~fthe P~ese/'Ve at Pecan ~reek community. 'Section A-1 is already
comp!,e!ed and' Section A-2 will be completed in'the next construction phase'.'Sections
A-1 ,andAr2 qurr~n~ylha.v,~ ~,.de~s~ty 0,f, 4,9! ~t,,stq the.acre. We. propose,to add'. ',-~.: ..~ .
aPpr0Xiiiiatei~/'i90'~is'in goction A-3 {hat Will re§ult in ~ density 0f.4~74,units to the3. - , :,..,, .,? ,.
' ~tcre ~?or ail' 6i~ S¢~i0/{"A~-':Th~ ~tt~hed' ~:~bit "A" l~ovides a description Of the density "
comparisons'before and after Section A-3~ ' '
Section'A-3 isbounded by':Pockrus Page Road on the north, Section A-2 of the Preserve.
at Pecan Creek on the east, .Rails to Trails onthe south and a vacant tract on the west. On
-- . - the other side of the vaeant~ tract is a mobile home park.- ... :'.'
- : -: ~'..?-":'" ' ~- '? ,. ·C' :'-
: The addition of Section A-3 to the Pres'~rve at Pecan Crc~k. ma~tcr planned ~ormnunity
~:., Utilizes existing.infrastmctUre',~isi~onSistent.with adjoining development, provides access
-..,~ .(-'.'., ~........, .. ::.:..,.'. 7,- ~..~,V,~'''~ ,.~. _- ..'<:.::'~ - :-:~-. --:;~i:" .-'?-.".:.~. -'
_.. _- :'"';,. ;?-}'~.-'~y, j''- ;¢ .~.L'}. ' 3"f'"' ''-'. ?" ': . .'':".-. - - ': -.- '.~- * -~ .... .',.:.:
to the Rails'to Trails System; iS adjadent t° 6p~n sPaCeand adds~ ne~ghb6rho0d P~k~to
· e eo~. Additionally, ~e deVqopment t~es place on a ~aet ~at h~ no e~s~g
flees, preelud~g ~e need to rem0ve ~ees. ~ ' ~ - '
ZONING ~LIEF C~TE~A: ~e follo~g Criteria IS t~en into consideration to
inere~e densi~ in accord~c~ ~ Ordin~ceN~ber 2000:046, Ci~ of Denton
': 1: OPEN SPACE Lone peree~t (1%) inkrease in densi~ may beawarded if th
project.plan des!gnates five percent (5%) 9f the prOject plan to open spaee
and uP'to One percent (1%) may be aWarded for each additional one percent
(1%) of desi~ated open.space.
The c~ent e6neeptpl~ for ~e enti{e PD-32 [equires P~k L~d Dedication'of
10.30 acres.' ~ addM0nal 54.02'acres is plied to be 'dedicated for Open space
that e~uates'to a ten p~rcent (10%) increase in densiw. (0.3 ~ts/acre)
2. ~C~ATION~ FACILITIES-'A' densiW increase not exceedingten
":' percent (10%) can be achieved if a proposed development qualifies for the~
maximum credit offered by the par~and dedication requirements 0f A~iele
III; Chapter 22 0f the COde 0f Ordinances of the Ci~. -
~. : PDt32 qu~ifies for'~e m~m credit offer~ by ~e p~k l~d dedicati0n
....... :reqUirements. (0.3 ~ts/acre)
3. SCHOOL SITE DEDICATION'-A densi~ increase not exceeding ten'
percent (100&)can be achieved through the dedication of a. Seho01 District
~e Prese~e at Pec~ Creek is dediea~g a site ~at has been accepted by ~e
School Dis~ct. (0.3 ~tS/~erb) : .... '
~ 4.: -DESIGN FEAT--S ~ For' ev~'th~ee of the Hsted desi~ features,
': -. - increase0fUp'.to 0.1 units to theacre may be awarded. - :. -~
'" :J ~se~erai design'.fea~e~ ~ep~oposed'inelu~g s~eet-~ees, Mke ~d bike ~ails,
~c'calming.3evices, m~o~.fences ~d l~dscaped ~e~. (0.2 ~its/acr¢).
5.' CO~ATIBILigY S~~S _ Z;n~g plans must dem0n~thte thai:ihe
pr0p0seddeVeloPment id ~6mpatible ~ith the ~sting and planned adjoining
) . .:~:Thej proposed secfio~'is ~ e~[emion'of ~e ph~e c~ently-being devdO~ed.¥~e
' ' ' ( -.¢,i,, ~ ' '' -.,' ' . ' - ,. _ ,( ' ' -' ' ' ' '
.., . .. -.......,[,~, . :., :'.':.': .-- , : :
,,}: . - ..... ~'-',' '- ..,.:,,-,-..--- ,
. .., ,. - ..":::'~;.-':'~QUATE-PUBLIC.., FAC~IT~S .w.,.The. land. PrOposed for development, ..?, . .
.. <..., ,:. '-,must be sc~ed adequately by essential public-facilities and se~icesf- _: -" -
': .. '. '~["~:' :' '-'-' .:': ~ pr6p0i;d~evciopment sf~ecti°nx~3 ~'ii ~10w for traffic {o be di[eet~d'". ':.'" ' -
om6 L~eview.,B19&,'whCh is desi~id't0',acco~odate the increased thffic.
. · TMS p~ecludeS ~fic..~om berg dkected omo Poc~s Page Road, which iS
'.' 'asph~t, mad ~ b~0w ditches. Should ~e development hot be inco¢0rated.
' ' 'im0'~ PreSe~ m P~d~ Cre¢~ ~e ~affic Pa~ems do not all6w f0r,~ccess '., .[-.
directly ~om~e propOsed ~act onto L~eview-Blvd, '. ' , - .
; -, ,, . .....:__[. _ .... . .}:-:',~ . ., .), ..,' ,
.... , , ,: .. The w~ter.~d sewer l~nes.ae adeq~te to accept lots in addition to the origin~
:: PD-32. -., ..'.~': ',, . ':: .. ~ . . ,: ~-: :
...... ~ .. -, :" Baed on o~ ~derst~ding of~e previous schedule ~d the :~alysis provided ~ ' ' -
' E~bit ~'B'~'~'c~ at,eve.uP t0 4.10 ~s t0 ~e-aCres by complying ~th ~e ',"
"~ specific:criteria. Since we ae O~y requesting togo to 3.57 ~ts t6 the acm, We
- '~e well ~thin eompli~ce ~ the new densi~ req~rements. , _ ~ . '
. . ~j~ - :.' . - . : . . '' .~ ~ .
~ ' ,.- In sm~;' ~e' follo~ng po~B ~UPpo~ the request to add A-3 to the existing
,. .,, .~- :.~ -. .:. ¢ .-. _ :- . ~: . ,' -...-' ~ .
- - ' .... ' ':'-Provides a'na~al'emension to the existing:devel0pmem - .......
· :Keeps ~ese size lots ioge~er Wi~o~t hav~g to.spread them out in the
". , Allows for the prese~ation of ~ees by plac~g smiler lots on ~eeless
~act'~d moving l~ger lots t0~eed ~eas ~ ' - ~ "' .
. . ." ~,' :'. Utilize~ existing ~a~c~e :-'. -
~ '." Adds additional me,ties ' ~ -
' } ' ..-- ?.::::}: ~ "'"::""Pr°gide~'dir;~taCcesst0Allg~.~cg&~:~ .... ~or6U~st~ -~"- :.:;.._.,., ~.:~: ~ -"~
~':; ~¢:-::":'-:." .i-' -: ;,~ }':~l~;as~'{fi ~its t0 the acre ~::3;36'to 3.57in a PD ~at ~!ows up to
,.?.:::.;;,~.;,.?~::?'. '~.:'-~_.~:..'.. :.._..,...,..'.' :,',., ,...,-~ ;.: ,.." _,...,..,-.... . .
. , .. ~'.~:.:'-..-~.' . .... .. · .... . - : . ',,. . . ....
,:~ , ~>-.. ,~' ~-~ ~ '~, , C,:~..:,,:.; - ~. , -,.. :.~. , . : .... ., . -~ ·, ,,..:,;,.: , ,. ~,. :.' . . . j-
' :.' : -.,~.:;' ~:'. ~... ~.. ',..,, .~ . ,'~' ":."-"..~'.,. .~"."~, ' ' .'"'-.',' ..'~ ~.. ,.".' :~:'~ · ',. '~' :,:,,' U.f-. ' "-,"~' ' ·
,-: .~ ',~.~-:.~..:~..~ :: : ., ~. . · . ~.,-~..:~,''.~ '.~--:~. ~,.-,...,:---.,,:.'... . . ,..~. . ,.~. ~. ~.'.. ..<~: .: .'._~'.. .- .,'.
· ShOuld you have any questions concerning this request, please do'not hesitate'to
· - contact Dan Hopkins or me. Thank you for~your.a~.s,istan~e with this matter., .... . .
. . ---------~Nmeere/v,
Marc Footlik
President
· Enclosure ...... ' ".
il.
Exhibit "B" 4/5/00
Zoning for PD-32 Determined By Ordinance #2000-046
Density Requirements Ordinance
Specific Criteria for Increased Density (50% max)
One (1) percent increase in density may be awarded if the 4.(a)(i)
project plan designates five (5) pement of the project plan to open space.
19.46 acres of open space.
389.26 total acres in PD-32 without multi-family,
retail and community facility lands.
5.00% of project land area, or
1% increase in density.
Up to one (1) percent increases in density may be awarded for each additional 4.(a)(ii)
one (1) percent of designated open space.
389.26 total acres in PD-32 without multi-family,
retail and community facility lands.
67.56 acres of open space.
19.463 acres used in 4(a)(i).
48.10 acres available for open space designation.
1% =3;89 acres
12.36% =48,10 acres designated to open space/
3.8926 acres (1% of residential space).
10% maximum increase in density for 4(a), or
10% increase in density.
Recreational facility, if the proposed development qualifies for the maximum 4.(b)
credit offered by the park land dedication requirements of Article III
Chapter 22 of the Code of Ordinances of the City.
Assumption PD-32 qualifies for the maximum credit offered
by the park land dedication.
10% increase in density. ·
Presewe. O01
Exhibit "B"
Zoning for PD-32 Determined By Ordinance #2000-046
4~5~00
Density 'Requirements Ordinance
Specific Criteria for Increased Density (50% max)
School Site Dedication, a density increase not exceeding ten (10) 4.(c )
percent can be achieved through the dedication of a School District approved site.
AssUmption PD-32 qualifies for the maximum credit
achievable with tract D (Exhibit "A") designated
as a School Site.
10% increase in density
Design features (increase of 0.1 units per acre for every three satisfied). 4.(e)
-Roadway connectivity (i)
-Street trees, 1 tree per 50 linear feet of lot boundary adjacent (ii)
to a street. (Does mandatory trees in our CCR's count)
-Variety of lot sizes, 20% of lots less then 80% lot size (iii)
20% of lots larger then 120% of lot size
-Hike and bike trails (iv)
-Traffic calming device (vi)
!-Fences (v;;)
-Landscaped areas (viii)
Say 6 items satisfied, or
0.2 units/acre increase in density
Density
= 3.0 units/acre
'10% 4(a)
3.3 units/acre
*10% 4(b)
3.6 units/acre
*10% 4(c )
3.9 units/acre
+0.20 units/acre 4(e)
4.1 units/acre
4.10 units/acre Present zoning for PD-32.
ReSidential Density within PD-32 (Exhibit "A") 3.36 units/acres
Zoning Densitydetermined by Ordinance # 2000-046 4.10 units/acre
1 3. Preserve. O01
Exhibit "C" 4/5/00
Zoning for PD-32 Including Natural Extension of Tract A/3
Determined by Ordinance #2000-046
Density Requirements Ordinance
Specific Cdteria for Increased Density (50% max).
One (1) percent increase in density may be awarded if the 4.(a)(i)
projeCt plan designates five (5) percent of the project plan to open space.
21.55 acres of open space.
431.06 total acres in PD-32 including tract A/3 without
multi-family, retail and community facility lands.
5.00% of project land area, or
................................ Ln.c..r .e.a..s.e.. !n...d..e.n. ?jt.y. .................................................................
Up to one (1) percent increases in density may be awarded for each additional 4.(a}(ii)
one (1) percent of designated open space.
431.06 total acres in PD-32 including tract A/3 without
multi-family, retail and community faCility lands.
67.56 acres of open space.
21.55 acres used in 4(a)(i).
46.01 acres available for open space designation.
1% =4.31 acres
10.67% =46.01 acres deSignated to open space/
4.31 acres (1% of total open space).
10% maximum increase in density for 4(a), or
10% increase in density.
Recreational facility, if the proposed development qualifies for the maximum 4.(b)
credit offered by the park land dedication requirements
of Article III Chapter 22 of the Code of Ordinances of the City.
Assumption PD-32 including tract A/3 qualifies for the maximum
, credit offered by.the park land dedication.
i0% increase in density.
Pmse~e.001
Exhibit "C" 4/5/00
Zoning for PD-32 Including Natural Extension of Tract A/3
Determined by Ordinance #2000-046
Density Requirements Ordinance
Specific Criteda for Increased Density (50% max).
School Site Dedication, a density increase not exceeding ten (10) 4.(c )
percent can be achieved through the dedication of a School DistriCt approved site.
Assumption PD-32 including tract A/3 qualifies for the maximum
credit achievable with tract D (Exhibit "A") designated
as a School Site.
10% increase in density.
Design features (increase of 0.1 units per acre for every three satisfied). 4.(e)
-Roadway connectivity (i)
-Street trees, 1 tree per 50 linear feet of lot boundary adjacent (ii)
to a street. (Does mandatory trees in our CCR's count)
-Variety of lot sizes, 20% of lots less then 80% lot size (iii)
20% of lots larger then 120% of lot size
-Hike and bike trails (iv)
-Traffic calming device (vi)
-Fences (vii)
-LandsCaped areas (viii)
Say 6 items satisfied, or
0.2 units/acre increase in density.
Density
= 3.0 units/acre
*10% 4(a)
3.3 units/acre
*10% 4(b)
3.6 units/acre
*10% 4(c )
3,9 units/acre
+0.2 units/acre 4(e)
4.1 units/acre
4.10 units/acre Present zoning for PD-32
including tract A/3.
Residential density with natural extension of phase A3 (Exhibit "A") 3.57 units/acres
Zoning density determined by Ordinance # 2000-046 4.10 units/acre
AgendaNo. ~O-~.'T'.z° ,
Agenda Item ~-~ "/
oae ,,,
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
May 2, 2000
Planning Department
Dave Hill, 349-7715
SUBJECT - SP-00-001: (Oak Tree Plaza Shopping Center)
Continue consideration of and take action on a Non-residential Project Plan request for Oak Tree
Plaza Shopping Center. The 7.44-acre site is located at the southeast comer of Loop 288 and
Spencer Road.
BACKGROUND
Thc consideration of this project plan was continued to allow the applicant and staff time to
address outstanding issues. A meeting was held on April 11, 2000 between the applicant, his
representatives, city staff and council members to discuss the issues raised in the previous staff
report and at the city council meeting. S~bsequent to the meeting the applicant revised thc site
plan addressing the outstanding issues. Specifically, the proposed driveway to Loop 288 has
been eliminated, the parking lot has been revised for a more even distribution of parking, a slip
ramp in the rear of the plaza has been added to allow for better delivery access and additional
architectural detail has been added to the building.
The revised site plan meets all the minimum requirements for a Project Plan, and addresses all of
the major issues raised by staff. Further, the revised plan has been reviewed by DRC and no
additional concerns were raised regarding the development of the proposed project.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
ATTACHMENTS
1. April 4, 2000 City Council Staff Report.
R~ubmitted: ~
Dt~uglas SI Powell, AICP'
Director of Planning and Development
ATTACHMENT 1
AGENDA INFORMATION SHEET
Agenda Item
Date ~-~-
AGENDA DATE:
DEPARTMENT:
CM/DC~UACM:
April 4, 2000
Planning' Department
Dave Hill, 349-7715
SUBJECT - SP-00-001: (Oak Tree Plaza Shopping Center)
Consider approving a Project Plan for 1447 S. Loop 288. The 7.44 acre property is legally
described as Lots 1 and 2, Block 1 of the Oak Tree Plaza Addition and is located on the southeast
comer of Loop 288 and Spencer Road. Approximately 46,000 square feet of additional
commercial and office development is proposed to the existing OfficeMax development.
BACKGROUND
A 23,500 square foot retail building, OfficeMax, is currently located on the subject property. It
is between Lowe's Home Improvement Center to the north and Wal-mart to the south. The site
backs to a largely undeveloped Agriculture property to the east. Small industrial and commercial
properties lie to the west, across Loop 288. (See Attachments 1 and 2.)
> The subject property is located in a commercial - conditioned (C[c]21) zoning district
created in 1995.
~, Comprehensive Plan Analysis: The project site is located in a "Regional Mixed Use Center"
district. New development in this district is intended to contain the shopping, services,
recreation, employment, and institutional facilities supported by and serving an entire region.
Staff finds the proposed use consistent with the intent of the Comprehensive Plan.
~' Ten (10) courtesy'notices were mailed regarding the Project Plan request.
PROJECT PLAN ANALYSIS
The DRC. and the planning staff have had several meetings with the applicant's design
professionals to resolve a number of issues. All the technical requirements of a project Plan
are addressed on the Project Plan for Oak Tree Plaza and the plan meets the minimum
requirements of City Codes. Staff has identified a number of areas of concern that could not
be resol{,ed in the meetings between staff and the applicant's representatives that should be
addressed by City Council. They include: the architectural features of the building, access to
the site, parking, landscaping and signag~.
Architecture
· Staff finds that the proposed architecture does not meet Project Plan Standards a.(3)(e)and(f).
(See Attachment 7) While the textures and materials of the buildings are the same as the
existing building, the lease area lacks visual diversity. Staffrecommends the addition of one
or more additional facade features to break the monotony of the lease spaces.
· Staffrecommends more windows or another feature to relieve the blank walls of PetSmart
and to transition to the all glass portion of the elevation. As per Project Plan Standards (a)
3(e), facades should incorporate windows, jogs, offsets, or similar features to provide visual
diversity.
· Use of trees in the sidewalk in front of the stores in tree wells with iron grates, banners,
and/or open space frames could be considered in front of all stores to soften the architecture
and provide human scale.
· No plaza or public open space is provided.
Access
· The proposed access on Loop 288 driveway directs all traffic to the front of the plaza
creating unsafe pedestrian and vehicular movements. Although the proposed access to Loop
288 was approved with the previous plan, those approvals have expired and the proposed site
design has changed (See Attachment 3). The applicant has revised the entry in an attempt to
address staff's concern. (See Attachment 6).
· The removal of the proposed Loop 288 access will save existing trees and allow for
additional parking or open space.
· Staff believes that the proposed Loop 288 access is not needed for this site to function
properly. The plaza has access from the existing driveway to the north and the "Wal-mart"
driveway to the south off of Spencer Rd.
· Semi-track deliveries to the proposed PetSmart are problematic. Tracks will be required to
block the Spencer Road driveway and parking spaces while attempting to back into the
loading dock.
· The access from the Spencer Road driveway requires additional stacking per the subdivision
code. (See Attachment 4) The applicant has revised the entry in an attempt to address staff's
concern. (See Attachment 6).
Landscaoine
· The applicant has proposed curbed islands in a number of locations in an attempt to save
some of the existing trees. A slight rearrangement of parking spaces and curbed islands
would allow more existing trees to be preserved.
Parking
· Although the proposed Project Plan meets the parking requirements of the code, the
distribution and location of some of the parking spaces is problematic.
)~ The 4 to 6 parking spaces located along the frontage of the plaza, across from the Loop
288 access drive, are unsafe because drivers have to back into that driveway. (See
Attachment 3)
~ The total number of parking spaces is based on the assumption of 4,000 SF being leased
for an office (the parking requirements for an office are less than retail/commercial
requirements). This could create the need for a variance or require the space to remain
empty if an office tenant does not lease that space.
~ Forty-three (43) parking spaces or approximately 20% of the new parking spaces are
proposed in the rear of the plaza. This is an uneven distribution of parking spaces.
Additionally, twenty-nine of these spaces back into the Spencer Road driveway. Staff
feels that this driveway is utilized more like a road than a parking isle and this amount of
parking spaces with direct access to the driveway is a safety issue.
~ There is an uneven distribution of parking spaces in the front of the plaza. Assuming that
the lease space to the north of and including the proposed office space is leased as retail
space the required parking for that area would be 74 spaces (14,877 SF/200). Only forty-
eight (48) parking spaces are located in front of that space to the north of the proposed
Loop 288 driveway. (See Attachment 5)
Signage
· The existing "OfficeMax" sign located in the northxvest comer of the site, adjacent to the
Wal-Mart/OfficeMax driveway, has advertising space on it for the new tenants. An
additional sign, which staff b.eli0ves is not warranted, is proposed to the north of the new
Loop 288 driveway.
Staff Alternatives
Staff acknowledges that the site has constraints, which requires creativity to produce a
development that meets the objectives of the Comprehensive Plan and Interim Development
Regulations. Staff believes that there are design alternatives that are better suited for the
constraints and opportunities of the site xvhile still providing the developer with a successful
project.
One design Solution would be to split the lease space and develop a building site (a stand alone
building) in the northern comer of the site. The proposed Loop 288 driveway could then be
extended to the Spencer Road driveway allowing for safer access to the site, providing a break in
the architecture, solve the stacking problem associated with the Spencer Rd. driveway and
providing functional parking spaces. Elements of the design scheme were contained in their
previous site design.
Another desi~ou altemative would be to rearrange the proposed lease space in a vertical manner,
providing second story office space. This alternative would reduce the building coverage; thus
freeing up additional area that could be utilized for appropriate parking, landscaping and/or
public plazas. Further, this design alternative would provide massing that would balance the
large scale of the OfficeMax and PetSmart structures.
3
A third altemative, if other design altemative are not feasible, would be to reduce floor area and
achieve a corresponding reduction in required parking and an increase in open space.
ESTIMATED PROJECT SCHEDULE
An Amending Plat has been'reviewed by DRC and has been tentatively scheduled for the Apri!
12, 2000, P&Z meeting.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
ATTACHMENTS
1. Location Map.
2. Zoning Map.
3. Unsafe parking spaces
4. Spencer Road stacking
5. Parking associated with northern leased area.
6. Applicants revisions
7. Interim Nonresidential Ordinance - Project Plan Standards
Prepared by:
.~.~.~ ! ~-~ ~L~.7~'
'La~./l(eichh'ad
Assist~t Dkector of Plmg
Respectfully submitted:
Director of Planning and Development
'3AK TREE PLAZA
ATTACHMENT 1
NORTH
Lowe's
tGER
Wal-Mart
-~.
LOCATION MAP
Scale: None
e
OAK TREE PLAZA
ATTACHMENT 2
NORTH
C Lowe's
C
LI
Wal-Mart
,~,~ . ~ ,
ZONING MAP
A
Scale; None
!7'
ATTACHMENT 5
',
,[.
.I.
ATTACHMENT 6
NRR~30-O0 THU 08:29 ?N WIER & RSSO0 FN FaX NO, 8175402209 P, 03
I'~R-31-O0 FEI 08:14 AYI ~IIER & RS$O0 F~I FAX NO. 8175402209
T
P. 02/04
HAR-31-O0 FEI 09:14 AH ~IER & AS$O0 F~ FAX NO, 8175402209 P. 03/04
tiRE-31-00 FEI 09:14 A~ PlIEE & A$SOO Fi4 FAX NO, 8175402209 P, 04/04
. ...~--~ -.~ ~ ~
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. , ~ ~ ~:. . ,..~ ....... ,.~ ~ . ~ ~..~
.. ~ . , ..... _.~ .... . ......... ,~ . ,.. .... . ~ ~ - ~
.~/ _ ; ~ ~ "' "-7 ' .'.-.... ....
~ / ~ ..... _. ~ ~ , .~..~.
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ATTACHMENT 7
SECTION D. PROJECT PLANS
1. Project Plan Requirements.
Every nonresidential development application identified in Section A.2.b and whieh
is not exempt under Section A.3 shall be accompanied by a project plan. In'
addition, every development application identified in Section A.2.a which deferred
satisfaction of project plan requirements at the time of approval of the zoning plan
must receive project plan approval prior to or contemporaneous with building pentdt
approval. The project plan shall be the basis for the City C~uncil's decision whether
to approve, approve with conditions or deny the nonresidential development
application, based upon the standards set forth in this section; provided that all other
standards applicable to the nonresidential development application have been met.
If the development application already contains the information and documents set
forth in this section, then such application may be treated as a project plan and shall
be evaluated under the standards in this section. If a Zoning Plan contains several
parcels that the property owner intends to develop in a similar manner with similar
design characteristics, Council shall review and approve the first Project Plan, and
may specify the conditions under which subsequent Project Plan approvals may be
approved by the Director of Planning & Development. If the application is approved
or approved with conditions, the project plan shall be incorporated as a part of the
approval. Any Project Plan shall be valid for twenty-four (24) months from the date
of its approval. If no construction begin~ pursuant to a building pemlit within the
twenty-four (24) months, the Project Plan shall automatically expire and no longer
be valid.
A project plan shall contain the following:
All of the information contained in a zoning plan, which will be for informational
purposes only.
Street names and locations of all existing and proposed streets within or on the
boundary of the proposed development, right-of-way, pavement widths,
sidewalks, and bikeways.
Lot layout with dimensions for all lot lines and lot area.
Location and use of all proposed and existing buildings, driveways, fences and
structures within the proposed development. Indicate which buildings are to
remain and which are to be removed.
Area calculations:
(1) The total area in the development.
(2) The gross floor area of all existing and proposed stmcures.
(3) Area and percentage of the total project area coverage by:
i. Structures.
ii. Streets, roads, and alleys.
go
mo
iii. Sidewalks.
iv. Recreation areas.
v. Landscaping.
vi. The total area covered by tree canopy at maturity of the trees.
vii. Parking areas.
Location and size of all existing and proposed public, utilities in and adjacent to
the proposed development with the locations shown of:
(1) Water lines and diameters.
(2) Sewers, manholes and cleanouts.
(3) Storm drains and catch basins.
(4) Fire hydrants.
(5) Access, location, and screening of all dumpsters.
(6) Location and size of all public utility easements.
Location, size, and use of contemplated and existing public areas within the
proposed development.
A topographic map of the site at a two-foot contour interval.
Location of all parking areas and all parking spaces, ingress and egress on the site,
and on-site circulation.
Use designations for all areas not covered by buildings, parking, or landscaping.
All information necessary to demonstrate compliance with the terms and/or
conditions of Zoning Plan approval in relation to Environmentally Sensitive
Areas.
A landscape plan showing in detail the location, type, and size of the proposed
landscaping and plantings, and all calculations necessary to indicate compliance
xvith Chapter 31 of the Code of Ordinances.
The elevations, surface area in sq. ft., illumination type, height, and construction'
(material and style), and locations of all proposed signs for the development.
Architectural information as required by this section for all structures proposed
xvithin the Project Plan area. All Project Plans shall indicate the material,
xvindows, doors, and other design features of proposed structures, including all
visible mechanical equipment, such as for heating and cooling. Elevation
drawings may be provided, and shall be submitted drawn to scale of one (1) inch
equals ten (10) feet or greater. Text descriptions shall include performance
standards that will apply to Project Plan structures as necessary to indicate
compliance with the Project Plan standards.
Any other information deemed necessary to analyze the project.
Project Plan Standards.
Minimum Project Plan Standards
The following minimum standards of project design shall be addressed in the
project plan:
(1)
Underground Utilities - All developments must provide for underground
utility installation, excepting electrical main sub-station feeders.
(2) Interconnected streets - Where applicable, all streets must connect to other
streets at both ends, or provide for the future connection when adjacent to
undeveloped property.
(3) Architecture - The nonresidential project shall employ an architectural
design that is compatible with the physical dimensions and features of
the subject property and with adjacent land uses, based on the following
factors:
(a) All buildings and structures comprising the project should have
an integrated design;
Co) Buildings generally shall be oriented toward the street, and major
entranceways should face the street; ,
(c) Building scale, including the height and bulk of structures, should
be internally consistent and should be similar to the scale of
adjacent nonresidential structures, if any;
(d) Mechanical equipment and storage areas shall be screened f~om
the street and from adjacent residential land;
(e) Facades should incorporate windows, jogs, offsets or similar
features to provide visual diversity;
(f) Roofs, alcoves, porticos or awnings should be used where
feasible to protect pedestrians from the effects of climate; and
(g) Building materials should be internally consistent and compatible
with the character of the area in which the project is located.
(4) Garage door orientation and setbacks - Garage doors should not face any
adjacent street frontages, except alleys. Where site limitations preclude
the opportunity to orient garage doors away from the street, other design
measures should be employed to screen or minimize visibility from public
rights-of-way.
(5) Access management principles should be employed to minimize traffic
flow disruptions on collector and medal streets.
(6) Street trees - One (1) street tree per 50 linear feet of lot boundary adjacent
to a street.
(7) Pedestrian Circulation and Linkage..s. - The Project Plan should provide
safe and convenient pedestrian circulation appropriate to the proposed
land use. Pedestrian linkages to adjacent properties should be facilitated
in appropriate locations.
(8) Parking Visibility- Parking areas should be screened from public rights-
of-way to the extent possible. When visible from public rights-of-way,
parking areas should be organized in smaller sub-lots to avoid large,
uninterrupted expanses of pavement.
(9) Lighting - Lighting shall be designed in a manner that will not shine
upward, minimizing the diffusion of light into the atmosphere, and shall
not shine on adjacent properties.
(10) Traffic calmin~ devices - Approved traffic calming devices should
incorporated into the street patterns where appropriate.
(11) Fences - Fencing should be treated as a design element, and be visually
(12)
(13)
appropriate for its proposed location. Attention should be paid to details
such as use of qualified masonry products and design features as accent
columns, articulation, or caps. If used along an arterial and collector
streets, consideration should be given to openings in fences to provide
visual entry into the project area. The use ofberms is encouraged.
Landscaped area or art - Landscaped features such as fountains, gardens,
or other features that enhance the project are encouraged. Art such as
monuments or other sculptural objects that enhance the project may also
be considered. Such elements should be visible and/or accessible to the
public.
Transit facilities - the provision of bus turn-outs and covered seating areas
for bus riders should be considered, depending on site location, levels of
activity, and type of site visitation.
AGENDA DATE:
DEPARTMENT:
CM]DCM/ACM:
AGENDA INFORMATION SHEET
May 2nd, 2000
Planning & Developm~,~partment
Dave Itili, 349-8314
Agenda No.
Agenda Item
Date
SUBJECT
Consider and take action on a request for relief from the Non-Residential Interim Regulations,
Ordinance 2000-069, for a 1+ acre property located at 319 East Prairie. The proposal is for wheat
processing and storage. (RN-00-25, Morfison Milling)
BACKGROUND
Ordinance 2000-069, known as the Nonresidential Interim Regulations, was adopted by City Council
on March 2nd, 2000. This ordinance contains standards with which nonresidential development
projects must comply until the Code Rewrite project is completed and permanent standards are
adopted. Ordinance 2000-069 also contains a separate section that allows applicants to request relief
from the interim regulations, including evaluation criteria to be used by Council:
5. Relief requests
The applicant may petition the City Council for relief from these interim development
regulations by requesting such relief in writing. The request for relief shall be considered by the
City Council in conjunction with action on the project plan and development application.
The City Council shall not relieve the applicant from the requirements of this ordinance, unless
the applicant first presents credible evidence from which the City Council can reasonably
conclude that the imposition of the nonresidential development standards deprives the applicant
of a vested property right or deprives the applicant of the economically viable use of his land.
In deciding whether to grant relief to the applicant, the City Council shall take into consideration
the following:
(1)
whether granting relief from the nonresidential standards contained in these interim
development regulations, in the absence of permanent revisions to the City's Land
Development Code that implement the provisions of the comprehensive plan
jeopardizes the City's best interests in preventing such effects;
(2)
the suitability of the proposed nonresidential uses in light of land uses allowed in the
zoning districts on property adjacent to the proposed site;
(3)
the impact of the proposed nonresidential use on the transportation and other public
facilities systems affected by the development;
(4)
the measures proposed to be taken by the applicant to prevent negative impacts of the
proposed use on the surrounding properties;
(5)
the likelihood that sufficient relief will be provided to the applicant following adoption
of the City's Development Code;
o
(6) the total expenditures made in connection with the proposed nonresidential
development in reliance on prior regulations, including the costs of installing
infrastructure to serve the project;
(7) any fees reasonably paid in connection with the proposed use; and
(8) any representations made by the City concerning the project and reasonably relied upon
to the detriment of the applicant.
d. The City Council may take the following actions:
(1) deny the relief request;
(2) grant the relief request; or
(3) grant the relief request subject to conditions consistent with the criteria set forth in this
section.
Minimum relief.
Any relief granted by the City Council shall be the minimum deviation from ordinance requirements
necessary to prevent deprivation of a vested property right.
OPTIONS
Council may either:
1. Deny the request for relief, or
2. Grant the request for relief, or
3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set
forth in the ordinance (and referenced above).
RECOMMENDATION
Staff recommends that the decision of whether or not to grant the requests for relief should be based on
the merits of each individual application.
ESTIMATED PROJECT SCHEDULE
Review schedules are discussed in the attachments.
PRIOR ACTION/REVIEW
Two petitions were reviewed on April 18, 2000:
1. 1013 Shady Oaks - approved
2. Victoria Square Phase II - approved
Three petitions were reviewed on April 4, 2000:
1. Wildwood Inn - approved
2. Cellular One - approved
3. Payne self-storage - denied
Three petitions were reviewed on March 21, 2000:
4. 1508 N. Elm (Z-99-083) - approved
5. 1513 N. Locust (Z-99-084) - approved
6. RNW Addition (Z-00-003) - approved
In addition, an additional 18 staff initiated petitions were granted relief on March 21, 2000.
One petition was reviewed on March 2, 2000:
1. Kerestine property - approved with conditions.
FISCAL INFORMATION
The petitions are being processed and brought to Council using existing staff resources. Several of the
petitions claim financial harm, an issue that may be evaluated by Council.
ATTACHMENTS
1. Staff report
Respectfully submitted:
Douglas ',. Powell, AICP
Director of Planning & Development
WAIVER REQUEST
STAFF REPORT
ATTACHMENT 1
Subject: Morrison Milling
Staff: Larry Reichhart
Case Number: RN-00-25
BACKGROUND:
Request:
Location:
Zoning:
Acreage:
Platting:
Comp Plan Consistency:
Relief from the Non-Residential Interim Regulations
(Ordinance No. 00-069) to proceed with a building permit
to renovate a portion of the existing facility.
Generally the southeast intersection East Prairie Street
and the Texas & Pacific Railroad.
HI (See Enclosure 1)
4,416 SF (area of renovation)
The property is platted
The Comprehensive Plan identifies this property to be
within the "Developed Areas of Floodplain". The proposed
renovations are consistent with the intent of the
Comprehensive Plan.
CONCLUSION:
Additional Approvals Without Relief With Relief
Project Plan ~ ~ ~~ ~ ~ Not Required
Building Permit
ENCLOSURES:
1. Zoning Map
2. Application
Morrison Milling
NORTH
ZONING MAP
Scale: None
To:
From:
Date:
mlt.unl= comPanY
morrlson
P.O. BOX 719 · DENTON, TX 7620~. · (940) 38T-611 I · FAX (940) D6(~-5992
Planning & Development Department
City of Denton
The Mordson Milling Co.
4/13/00
This interim ordinance relief application is being submitted to insure the continued economical
viable use of the applicant's land & buildings. There is no zoning amendment involved. Since the current
zoning is industrial, the concems on residential density limitations and other residential standards do not apply.
The approval of this interim ordinance relief application is needed to allow the applicant to tear down
existing buildings to provide space to rebuild in the same footprint. The proposed rebuilding will provide a
new structure that will be in compliance with all city codes including street setbacks. An additional
benefit will come from having the truck dock set back from the street which will prevent our trucks from
blocking the street during loading.
Failure to get ordinance relief will impact the timing of this project in such a manner to cause
considerable impacts in time and production due to the seasonal natUre of wheat harvesting and milling
operations. This facility runs on a 24 hr.- 7 day a week schedule. The inability to proceed with this project
at this time will disrupt the project timeline which involves plant operations, wheat harvest, rail wheat supply,
bulk and bagged feed operations in addition to the milling of flour and corn meal.
This project has been in development for the last 2 years. During that time, our personnel and
contractor have been in contact with the City to clarify and insure that the project design is in line with code
requirements.
In summary, this project provides a new structure on the same existing footprint while implementing
compliance with all city codes, setbacks, etc. An added safety benefit is accomplished with our truck loading
dock improvement. In summary, we ,respectfully, request relief to allow the project to proceed as planned to
insure that any economic impact for the company from this project is minimized while still achieving the
code improvements included in this project.
INTERIM ORDINANCE RELIEF APPLICATION FORM
APPLICATION FOR RELIEF FROM ORDINANCE NO. 2000-046
Date:
!
Project Ad&ess (Location): 3lq E~T
Existing Use: ~R~W ~o~C~/~~ProposedU~:
Exist~g ~mprehensDe PI~ Desi~ation: Gross Awes:
Exist~g Zo~ t u ~ ~ ~ t ~ Proposed Zo~
SEE ~LIEF PR~ED~S ON BACK
APPLICANT INFOR/VIATION
Applicant: ~VI. o~.~t ~t'4
Ad&ess:
City: bt' M ~ M State:
Property Owner:
Ad&ess:
cit~
State:
Ad&ess: ~ t q. ~'~-~'r' ~ ~ t t t ~_
%e,a- u State:
Company: [V[o'K~_t~o ti I~[, t I~ (.., t ~ a
ZIP: *~L ZO./ Emaih
Company: ~ ~ r~.
Td: Fax:
ZIP: Email:
Company:
ZIP: '~& Z ~ ! Email:
SIGNATURE OF PROPERTY OWNER ORAPPLICANT
(StuN AND PP,.Ccr OI~TYP~. NAMe)
(Letter of authorization required if signature is other than property owner)
Print or Type Name: ~o a! '~
Subscribed and sworn before me this
~{ ~ ' r IqotaryPublio, State. of Telms
/~rll 3, 200t
pa:*'
MyComml.lonExplres
Nohry Public 7.
For De£anmental Use Only
Case Manager:
Total Fee(s):
l~eceyt N'o:
Date Submitted:
Accepted By:
Fon~ Up~l:
APPLICATION DEADLINE IS WEDNESDAYS AT 10:00 AlVl.
Application Requirements: ORD NO 2000-046, Section F. The applicant may petition the City Council for relief from these
(Ord. No. 2000-046) interim development regulations by requesting such relief in writing.
The City Council shall not relieve the applicant from the requirements of (Ord. No. 200-046), unless the applicant first presents
credible evidence from which the City Council can reasonably condude that the imposition of the residential density limitations or
other development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable
use of their land.
The applicant is requested to submit Sufficient information addressing the following criteria. The applicant will also be
responsible in making their case before City Council.
In deciding whether to grant rdief to the applicant, the City Council shall take into the consideration the following:
Whether granting relief from the residential density limitations or other development standards contained in these interim
development regulation, in the absence of permanent revisions to the City's Land Development Code that implement the
provisions of the comprehensive plan, jeopardizea the City's best interests in preventing such effects;
l-I The suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the
proposed site;
The impact of the proposed residential use on the transportation and other public faeilifies systems affected by the
development;
The measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood;
The likelihood that suffident relief will be provided to the applicant following adoption of the City's Development Code;
The total expenditures made in connection with the proposed residential development in reliance on prior regulations,
including the costs of installing infrastruCtUre to serve the project;
Any fees reasonably paid in connection with the proposed use;
I-I Any representations made by the City concerning the project and reasonably relied upon to the detrlment of the applicant.
The City Council may take the following actions:
(a) denythe relief request;
(b) grant the relief request; .or
(c) grant the relief request subject to conditions consistent with the criteria set forth in Ord. No. 2000-046.
Any relief granted by the City Council shall be the minimum .deviation from ordinance requirements necessary to prevent
deprivation of a vested property'fight. ·
SIGNATURE certifying that these regulations have been read and understood by the applicant.
PRINT or TYPE NAME '-]~0~4 '~u[~.U_u5
'I
page I o! I
4/20/00
file://A:~&B_4004.JP(}
~10.~
4/19/00
NOTES FOR CITY MEETING ON A ELEVATOR
OF THE 204,539 TOTAL SQ. FEET OF MORRISON MILLINGS OPERATIONS
THE RENOVATION OF A ELEVATOR REPRESENTS ONLY 4,416 SQ.FT.
WHICH IS LESS THAN 3% OF THE TOTAL OPERATING SPACE USED BY
MORRISON IN DENTON.
THE NEW RENOVATIONS MEET ALL THE CITYS SET BACK
REQUIREMENTS AND CODES.
REMOVING BUILDINGS THAT ARE DETERIORATEING, AN EYESORE, AND
DIFFCULT TO KEEP CLEAN. (SEE PICTURES)
NEW DOCK SETBACKS WILL PREVENT TRUCK LOADING AND
UNLOADING WHILE PARTIALLY BLOCKING THE STREET.
PROVIDE BOTH NEW CONSTRUCTION AND THE EXISTING PRAIRIE
BUILDING FRONT WITH FACADES, WHICH FURTHER ENHANCE THE
OVERALL VISUAL PERSPECTIVE OF THE PLANI. (SEE pICTURES)
PROVIDE NEW EXTERIOR SIDING MADE OF METAL CLAD INSULATED
PANELS WITH BAKED ON COLORS.
THE INABILITY TO MOVE FORWARD IMMEDIATELY AND
SUCCESSFULLY COMPLETE THIS PROJECT MAY NEGATIVELY IMPACT
THE MORE THAN 200 EMPLOYEES OF MORRISON. THIS IMPACT IS
COMPLICATED BY THE SEASONAL WHEAT HARVEST FOR THE DENTON
AREA, RAIL WHEAT SUPPLY, ALONG WITH BULK AND BAGGED FEED
OPERATIONS.
11.
-12.
4/20/00
AGENDA INFORMATION SHEET
Agenda Item
.ate
AGENDA DATE:
DEPARTMENT:
ACM:
May 2, 2000
Parks and Recrea, ti~/
Dave Hill ~'~
SUBJECT:
Consider approval of a recommendation from the 2000 Oversight Committee to use
parkland acquisition funds to cover additional costs on the Denton Rail Trail Project.
BACKGROUND:
In 1995, the City Council approved an ordinance (Exhibit A) that authorized the Mayor
to execute an agreement with the Texas Department of Tran.~aortation (TXDOT) to fund
and construct the Denton Rail Trail. This pedestrian/bicycle trail will extend f~om
Hickory Street south to Burl Street in Corinth (Exhibit B).
The agreement obligated the City to pay 20% ($87,000) of the total estimated project cost
of $435,000. In addition, the contract also obligates the City pay any expenses in excess
of the total project costs, including TXDOT administration charges.
Bids have been received, and TXDOT has awarded a contract for con, traction. While the
construction costs are in line with estimates, TXDOT's administra6on costs are estimated
to exceed available funding by up to $70,000.
On April 26t~, staff proposed to the 2000 Bond Oversight Committee that $70,000 of the
$400,000 available this year for community park acquisition be used to cover the
additional Rail Trail costs. These funds will then be reimbursed out of the $250,000 of
Trails/Linakges bond funds that will be available in FY2000-01. The committee's agenda
and backup materials are attached as Exhibit C.
After some discussion, the Oversight Committee unanimously recommended approval of
staff's proposal. Committee members Euline Brock, Jack Swanson, Fran Morgan, Greg
Sawko and Tim Crouch were present at the meeting.
OPTIONS:
· Approve staff's recommendation, as endorsed by the Oversight Committee
· Direct staffto use other funding sources to complete the project.
RECOMMENDATION:
Approve staff's recommendation
ESTIMATED SCHEDULE OF PROJECT:
Construction will begin the week of-May 1st. Completion is projected for October 2000.
PRIOR ACTION/REVIEW:
· City Council authorization of the agreement by Ord. 95-227
· Oversight Committee consideration and approval of additional funding April 26,
2000.
FISCAL INFORMATION:
The City's original $87,000 came from prior bond program interest earnings. The
additional $70,000 to cover excess project administration costs will come fi.om Series
2000 Park Bonds.
EXHIBITS:
· Exhibit A--Ordinance and the Rail Trail agreement with TXDOT
· Exhibit B--Rail Trail Map
· Exhibit C-Agenda and materials fi.om 4-26-00 Oversight Committee meeting
Respectfully submitted:
\\CC-PARKS\VOLl~admin\City Council\AGENDA INFORMATION SHEET Rail Trail Funding 5-2-00.doc
ORDINANCE NO.
EXHIBIT
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREE)~NT BETWEEN THE CITY OF DENTON AND THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION
OF THE DENTON BRANCH RAIL/TRAIL PROJECT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBy ORDAINS:
~ That the ~yor is hereby authorized to execute an
interlocal agreement between the City of ~enton and the Texas
Department of Transportation for the design and construction of the
Denton Branch Rail/Trail Project, a copy of which is attached
hereto and incorporated by reference herein.
~ That t~ expe~tUre of funds as proy. id~d. in the
attached interlocal agreement ie hereby authorized.
~ That this ordinance shall become effective
immediately upon its passage and ~al
PASSED~/~DAPPROVEDthis the_~___day of~, 1995.
ATTEST:
JENNIFER W~J~TERS, CITY SECRETARY
kPPROVED AS TO I~EGAL FORM:
MIC~L A. BUCEK, ACTING CITY AT~P. NEY
STATE OF TEXAS *
COUNTY OF TRAVIS *
AGREEMENT
Su~ce Transportation Program
Tramportation
THIS AGREEMENT, is made by and between the State of Texas, acting by and through
the Texa~ Department of Transportation, hereinafm' called the "State" ~d the City of
Denton, acting by and throu~ the Denton City Council, hereinafter called the "City".
WITNESSETH
WHEREAS, the htermodal Surface Transportation Efficiency Act of 1991, ("ISTEA")
codified under Title 23 U.S.C. Section 101 et seq., establishe~ the National Inte~modal
Transportation System that is economically eff~ient and environmentally sound, provides
· e foundation for the nation w compete in the global economy, and w/Il move people and
goods in an energy efficient mann,~, and
WHEREAS, Title 23 U.S.C. Section 104 establishes a Statewide Transportation
Enhancement Program ("STEP") to enhance the intermodal transportation system.~ and
facilities to be implemented by the States' Transportation Agencies; and
WHEREAS, Title 23 U.S.C. Section 134 establishes that Me~opolitan Planning
Organizations ("MPO's") and the States' Transportation Agencies develop transportation
plans and programs for urbanized areas of the State; and
WHE~. ~e State and the City desire the improvements of Denton Branch Rail/Trail,
as shown in the attached "Exhibit A", hereinafter identified as the "Project"; and
WI-IEREAS, Title 23 U.S.C. Secti°n 120 establishes that the Federal share of fiinding for
STEP will not exceed eighty percent ($0°A) of the cost of the Project, and
WHEREAS, the roles and procedures for the selection and _ndmlni~:rati0n of the Statewide
Transportation Enhancement PrVOgmm is e~iablished in 43TAC, C'napt;er 11.200; and
WIiEREA~, the City has olT'ered lo participate in the development and consi~'tion of the
the pr~liminmy ~engineet~ and design plans, ~ the necessary rift-of-way,
providing relocation assistance, ~ fight-of-way des~'iption and value
de~minat~us, accomp~ the adj~i,,,ont of utilities, condecui/sing'property, prov~di,g
required by the State; and
WHEREAS, on the 31st day of August, 1993, the Denton City Council passed a Resolution
No. R93-050, attached hereto and identified as 'Exlfibit B", authorizing the Cites
participation in the development of the Proje~; and
the prelimina~ engineering and design plan~mview the engineering and right-of-way
other items as required; and
WHE~, on ~ 2gth day of April, 1994, the Texas Transportation Commi.~ion passed
Minute Order 103709, attnched hereto and identified as "Exhs_'bit C', authorizing the Project
ttu'ough the Stnte Transportation Improvement Program;
AGREEMENT
NOW, THEREFORE, in consideration of tbe premises and of the mutual covmants and
agreements of the parties hereto, to be by them respectively k~pt and performed u
ber~utfier set forth, it is agreed ~s follows:
1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall terminate
upon completion of th~ Project or unleu tenninated or modified a~ her~il~aPa~r provid~L
2. SCOPE OF PROJECT
A. The State ~ tho City agree ~ the scope of the Project shall be limited to the scope
authorized by the Texas Trans'lxrmtion CommissiOll.
B. The City will continu~ to provide mai~tenan~ for ail tl~ facilities within the limits of
the Project until the Sta~'s award of the ~ contract.
3. ACQUISITION OF RIGHT-OF-WAY
A. The City shall assume all costs and perform necessary requirements to provide title in
the name of the City to the desir~ right-of-way ~ for the consuuction oftbe Project,
which title shall be acceptable to fl~e State. The City shall provide all right-of-way free and
clear of ali improvements and/or encroachments. The City will comply with and assume
the costs for compliance wi~h all the requirements of Title Il and Title 111 of tbe Uniform
Relocation Assis~nce and Real Property Acquisition Policies Act of 1970, Title 42
U.S.C.A. Section 4601, et seq., including those provisions relsfin$ to incidental expenses
incurred by the property owne~ in conveyin~ tbe fight-of-way to the City, and benefits
l~plicable to the r~location of any displaced person as defined in 49 CFR Part 24.2(g).
Documentation to support such corr., liance must be maintained Nmi must be
made available to the State and its representatives for review and in.~pection. The City shall
secure and provide easements over any other land in addition to normal right-of-way as may
be indicate approved fight-of-way map. The City will be responsible
Pag.~ 13
for any additional right-of-way required for the completion of the Project.
B. In the ~ent the right-of, way is donated to Ihe City ai~er the d~te of State's authorization,
the City will provide all documentation to the St~ r~ardiag the ~ of the acquired
property. The Slate will review the Cites appraisal of the doua~i propmy to det~,,~ine
the fair market value. The fair market value of donated ri~ht-of-way will be credited
towards the City's financial share towards the cost of the project. The City shall co?~
with the property donation requirements established in Title 23 U.S.C. SectiOn 323.
C. The StYe will not reimburse the City any funds ia g~e event the right-of-way v~s
purclmsed beforz execution of this agreement.
4. RIGHT-OF-WAY DESCRIPTION
The City shall prepare fight-of-way maps, property descripiiom and other data as needed
of-way maps sad propmy desc~tiom slmll be ~'~ tlz~ St~ flx'N~xoval'prior to
the City ~luirin$ the necess~ fight, of-way. Tr~4~-? of the maps shall be retained by the
City for its permanent records.
5. UTILITY ADJU~MEN'rS~I~IOCATION5
If the required risht-of-way encroaches upon existi~ utilities and the put, seal hishway
co~u~tion requires the adjusunent, removal or relocation of such utility fscili~ the
Civ/ami its consultant will establish the necessary utility work and notify ~ q~pmptiate
utilit~ company to schedule their adj~ts. The City shall be respond'hie for ~e
~ljusUn~ removal or relocation of tach utility f~cilities, mi such adju~eut, mnoval or
relocation shall be in accordance w~~ applicable $~te law, ~lations, policies ~md
procedures. In the event additional o~i~ities are required to be adjusted, removed or
relocated during the construction of the Project, the City will be respons~le for all costs
associated with the additional otili~ work.
6.DETERMINATION OF RIGHT-OF-WAY VALUES
The City agr~s to make a deten~fi~tion of property values for each right-of-way parcel by
methods acceptable to the State and to submit to the State's District Office a tabulation of
the values so determined, signed by the appropriate City representative. Such tabulations
shall list the p~rcel numbers, ownership, acreage and recommended compensation.
Com,r~msation shall be shown in the component parts of land taken, itemization of
improvements taken, damages (if any) and the amounts by which the total compensation
will be reduced if the owner re~.nln.~ improvements. Thi, tab~ti~ shall be accompanied
repom used in arriving at nil determined values. ExDens~ inolrl'ed by the City ill
performing t~i.~ work may be eligible for ~'~dxu~ment afm'tbe City has received written
authori~fion by the S~te to proceed with de~.,inafion of right-of-way values. The State
will ~view ~he data submitted and may b~e its _'..mmbunetnent for p~cel acquin'tions on
the values which are determined by this t~-view.
7. CONDEMNATION
Condemnation proceedings will be inifated at a time selected by the City and will be the
City's respon.~'b~ at its own expense as he.inner indicated. T~ City will c~ncutrent~
file condemnnt~on proceedings and a notice of lis pendens for each case in the name of the
City, and in each gase so filed the judgement o'f the court will decree title to the property
condemned to the City.
8. COURT COSTS. COSTS OF SPECIAL COMMISSIONERS' 14FARIN~.~
Court costs of Special Commissioners' hearings assessed against the City in condemnation
proceedings and fees incident ther~ will be ~ by the City. Such costs and fees incurred
after written authorization by the State to proceed with condemnation will be eligible for
reimbursement at an amount not to exceed 80 percent (80%) of the
actual cost under the established reimbursement procedure provided such costs and fee~
are eligi~f,o~c payment.
f 13
9. REIMBURSEMENT FOR RIGHT.OF-WAY ,COSTS
Reimbursement will be made to the City for right-of, way purchased in an amount not to
exceed 80 percent (80%) of the co~t of the right-of-way purclutsed in nor, ordan~e with the
terms and provisions of this agreemenL Reimbursement will be in the amount not to exceed
80 percent (80%) of the State's predetermined value ofe~ch parcel, or the net co~t thereof,
whichever is the le~er amount. In ~ddition, mimbunetnmt will be mad~ to the City for
~ payments ~o apPmise~ expem~ i~ in ~ ~o a~ur~ good title to property
a~ wall as im-idet~ eapenses. R '~t shall not exceed 80 pen:ent (g0%) of tach
judgeme~ conditioned upon the State having been notified in writin~ l~ior lo the filing of
The City shall provide to the State forty-five days prior to the conztnaction contract let date,
reme~da___ted, and all conflicting ufih'tie~ have been adjusted to clear
the proposed convn~ction.
11. ENVIRONMENTAL MITIOATIO~
A. The City will be req~on~ble for the mitigation and remediation ofany environmental
problems as~x~d with the development and construction of the Project. The City shah
provide to the StYe written certification fimm the appropriate regulatory agency(s) that the
environmental problem.~ have been remedied. The State will not let the conslruction
contracts until all environmental problems have bc~n remediated by the City.
B. All costs associated with the remediation of the environmental problems shall be the
respom~ility of the City and/or the property owners. These costs will not be reimbursed
or credited towards the City's financial share of the Project.
12. ARCHITECTURAL/EN(~INEERiNG SERViCF.~
A. Thc State will be responsible for the furnishing of the architectural/engineering services
necessary for the development of the Project. Development of the Project may include
en~onmcntal asses,vnent and holding of a public meeti~ and/or public hearing. The State
will be responsible for providing these required services. The State must comply with
applicable Federal rules and procedures in the selection of its consultant.
B. The architectural contract documents shah be developed by the City or its consultant in
accordance with the U.S. Department of the Interior's "Standards for Rehabilitation and
Cmiddines for Rehabilit~ing Hi~ Building" ~ in con--on with Ibc Stye
Historic Presavetion ~. The engineai~ plans shall be ~ by the City and or
its consultant in accordance with the State's "Standard Specifications for Conahoction of
Highways, Streets and Bridges" and the AASHTO "Guide for the Development of Bicycle
Facilities".
A. The estimated cost of the Project is $435,000.00.
B. The State will be responsible to secure the federal share of the fimdina., required for the
development and construction of the Project, an amount not to exceed 348,000.00. or 80
percent. (80%) of the toed cost to complete ee Project, 'gnichever costs less. The The City
WIll be responsible for the non-federal patlicipalion costs associated with the Project.
C. Upon execution of this agreement, the City will remit a check or warrant made payable
to the "Texas Deparmjem of Tranqxxlafion" in the amount of $14,900.00. Thi~ amount is
based on 20 perccnt (20%) of the estimated architecanal/engineering costs and State
administrative cost. The funds will be utilized by the State to review the
architectural/engineering documentation and other incidental costs.
D. Sixty (60) days prior to the date set for receipt of the con~oction bid_~, the state will
noti~ the City that its financial share for the construction for the PrOject is require(L The
City shall remit a.~eck or warrant in the amount established by the State within thirty (30)
10
days from receipt of the State's written notifications to the address provided herein.
E. In the event the State determines that additional funding is'required by the City at any
time during the development of the Project, the State will notify the City in writing of the
additional amount. The City will make payment to the State within thin3t (30) days from
receipt of the State's notifical~on. Upon completion of the Project, the State will perform
an audit of the costs and any funds due the City will by pron?tiy returned.
14. CONSTRUCTION
A. The Stale shall advertise for conduction bid& issue bid propo~al~ receive an
tabul~ the bids and award a eon~ract for cotmmcti<m of the Pm/m in accordance with
exist~ procedures and.applicable laws. Any chat~ o~lemeatal agreements or
additional work orders which may become necematy sub~quent to the award of the
conrnuction contract shall be the respona~ility of'the City and subject to the approval of
the Sta~.'
B. Upon Completion of the Project, the State will is~ae to the City a "Notification of
Com?letion', acknowledging that the Project has been completed.
15. MAtNTENANCE RF3PONSmtLrI'n:_~
Upon emnple6on of each of the Projects, the City will ~ re~ponn'oility for
the Sta~ as a result of this Project, the warranties shall be tran~erred to the City. The State
shall not be held rexona'hie for honoring any warranty under this agreement.
16. OWNERSHIP OF IX}CUMENTS
Upon completion or terminati~ of ~ agreement, all documents prepared by the City
shall remain the property of the City. All documents prepared by the State shall remain the
property of the Slate. AIl data ptepat~ under thi~ agreement shall be made available to the
State witholit restriction or limitation on their further use. AH doolmellt~ prodtlC~[,
approved or otherwise created by the City shall be tran.~mitted to the State in the form of
photocoPY~ntUcfion on a monthly basis.
Pager 13
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both ptrties.
(2) By either party, upon the failure ofthe other party to fulfill the obligation as set forth
B. The termination of thi~ agreement shah exfingu~h all rights, ctuties, obligations and
liabilities of the State and. City under thi~ agreement. If the potential termination of this
agreement is due to the failure of the City to fulfill its conlractual obligations as set forth
heroin, the State will notify tbe City tlxat possible breach of contract has oeeun, ed. The City
should make every effort to. remedy the breach as outlined by the State within a period
mutually agreed upon by both parties.
C. Viohliotl or breach ofcotRra~ terl~ ~ bo ~ for termination of the agreement,
and any increase co~ ari~in,~ from the defaulting party, breach of contract or violation of
agreement term,~ shah be paid by the defaulting party.
This agreement shall not be considered as specifyin.o the exclusive remedy for any
agteesnent default, but all remedies existing at law and in equity may be availed of by either
party to this agreement and shall be cuttnahfive.
19. INDEMNWICATION
To the extent p~.i~ by law, the City shall indemnify and save harmle~ the State, its
officers, employ~_~, agents and contractors from all clnirrt~ Itlld liabiliti~ dl~ to the
activities of the City, its officers, employee~ agents and contractors pe~'f, ormed under thi~
agreement and which results from an error, omission or negligent acts of the City, its
officers, en~. loyees, agents or contractors. Additionally, to the extent permitted by law, the
City shall save hamzless the State, its officers, employ~,, agents and contractors from any
and all expenses, including attorneys fees and court costs which may be incurred by the
State in litigation or other~fise resisting said claim or liabilities which might be imposed on
Page ~
the State as the result of such activities by the City, its officers, employee.% agents or
contractors.
20.
Any changes in the time frame, charac~, agreement provisions or obligations of the parties
hereto shall be enacted by written amendment executed by both the City and the State.
21. COMPLIANCE WITH LAW~
The City shall comply with all federal, state ami local laws, statutes, ordinances, rules and
reg-l,tions, and the orders and decrees ofe~y coum or administraav% bodie~ or tn'bumfls
in any m,,~. affecting the peff~-maace of the agreement. When required, the City shall
furnish the State with ~atisfacto~y proof of the compliance therewith.
22. LEGAL CONSTRUCTION
la case one or more of the provisions contained in this agreement shall for any reason be
held ~ illegal or uaeaforceable ia my req~ec~ such invalidity, illegality or
une~forceabih'~ shall not affect any other provisions hereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
23.
All notices to either party by the other requited under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at
the following respective addresses:
State:
City:
PagelO,~
Texas Depaament of Transporlation
P.O. Box 3067
Dallas, Texas 75221-3067
Att: Brenda Callaway
City of Denton, Parks & Recreation Dept.
321 E. Mcginney
Denton, Texas 76201
Att: Mayor Castleberry
13
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party hereto may cliauge the above address by
sending written notice of such change to the other in the manner provided herein.
24. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parties hereto and
supersedes any prior understandings or written or oral agreemeats respectin..o the within
subject matter.
25. IN-gPECTION OF BOOKS AND RECORD.g
The Slate will, for ~ of terminntion of the agreement prior to _completion, examine
the books and records of the City for the purpose of checking the amount of the work
performed by the City at the time of contract termination. The City shall maintain all
books, documents, papers, accounting records and other documentation relating to costs
hx:mred under. ~ agugngut and ~ make such mat,,,~-inls available to the State, Federal
Highway Admini_~ation (FHWA) or their duly authorized representatives for review and
inspection at its office during the contract period and for three (3) years fi.om the date of
completion of work defined under thi.~ contract or unlil ira?ending litigation is resolved.
Additionally, the State, FHWA and their duly authorized representatives shall have access
~o aH records of the City which are directly applicable to this agreement for the purpose of
making audits, examinations, excerpts and transcriptions.
26. OMB AUDIT REOUIREMENTS
The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and
9 of OMB Circular No. A-128.
27. PROCUREMENT AND PROPERTY MANAGE1V[ENT STANDARDS
The City ~ adhere to the procurement standards established in Title 49 CFR Part 18.32
and the property management sta~dnrds established in Title 49 CFR Part 18.36.
28. CIVIL RIGHTS COMPLIANCE
14
The City shall comply with the regulations of the Depa~u~ent of Transportation as they
r~late to nondiscri~nination (49 CFR 21 and 23 CFR710.405 (B)); also Executive Order
11246 titled "Equal Employment Opportunity~, as amended by Executive Order 1137S
and as'supplemented m the Department of Labor regulations (41 CFR 60).
29. DISADVANTAC~ED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
The City ~ co?ly with ~ "Die. raged Business Eat~r~ Pro~m~ R~luir~m~ts"
established in 48 CFR Part 23, Subpart D.
30. DEBARMENT CERTIFICATIONS
The City is protu'bited from making any award at any tier ~o any pat~ which is deban~ or
~pended or otherwise excluded fxom or ineligible for [mrficipafioo in federal assistance
prowams under Executive Ordex 12549, Debarment and Suspmsion. ~ City shall require
anY party to a subcontract or PUrChase order awarded under this contract as ~ified in Title
49 of the Code of Federal Regulation, Part 29 (D~ument and Suspension) to e.~-ttify ita.~._..
eligfoility to receive federal funds and, when requested by the State, to furni.~h a copy of the
certification.
Page
15
.~ LMONY Ii:EREOF,the parties hereto hav~ caused these pre~ents to be ~x~cuted in
The C.,il~.of~ tex~s
THE STATE OF TEXAS
Execu~ for the Executive ~ md mpprov~.by the T~utas Trausportatiou Commission
unda' tl~ authority ot M-mu~ Order No."100002 and Admini~tative Circular 26-93, for the
purpose and effect of activating and carrying out the orders, established policies or work
programs heretofore approved by the Texas Tranq~rtalion Commission.
By: _
__ Robert Cuellar. P.E~
Date
Pag~ 13
16
Hickory Stngt
North End of Trail
D~nton Branch Rail Trail
t Knob 838
Rail Trail
-- Denton Branch Rail Trail
f
South End of Trail
.L
EXHIBIT
2000 OVERSIGHT COMMITTEE
SPECIAL CALLED MEETING
April 26t~, 2000
12:00 p.m.
City Council Work Session Room
City Hall, 215 E, McKinney St.
AGENDA
A. ITEMS FOR CONSIDERATION
1. Park Bond Funding: Denton Branch Rail Trail
B. ACTION ITEMS
1. Park Bond Funding: Denton Branch Rail Trail
DATE: April 24th, 2000
TO: Members of the Oversight Committee
FROM: Dave Hill, Assistant City Manager - Development Services
SUBJECT: April 26th Special Called Meeting
A memo from Ed Hodney is attached, describing the proposed use of Park Bonds to meet state
match requirements for the Denton Branch Rail Trail ("Rails-to-Trails") project. A subsection of
the contract is also attached to give you an idea of how the agreement was structured. .An
amount of $70,000 is needed in addition $87,000 already invested by the City of Denton in the
project. The $70,000 was not an anticipated cost at the time the project contract was executed,
but does illustrate the kind of flexibility we need to maintain the viability of funding partnerships
with other entities.
The $70,000 in funding is proposed though the use of Year gl (1999-2000) park acquisition
funds (total allocation of $400,000), on the condition that, when available, the funds will be
reimbursed using Year #2 (2000-2001) Trails/Linkages funds (total allocation of $250,000).
The original contract resulted in a 5:1 leverage ratio matching state to city funds ($435,000:
$87,000). This ratio changes to 3.2:1 with the additional $70,000 ($505,000: $157,000). This is
still a favorable ratio despite the increase in city match.
The project contract has been awarded and construction will soon begin, hence the need for a
special called meeting prior to our regularly scheduled meeting on June 5th. Please call Ed if you
have any questions before Wednesday's meeting.
19
CITY OF DENTON~ TEXAS
PARKS & RECREATION DEPARTMENT
321 E. McKINNEY · DENTON, TEXAS 76201
(940) 349-PARK · FAX (940) 349-8384
To:
From:
Date:
Subject:
Oversight Committe~.a~an
Ed Hodney, Director d
April 24, 2OOO
Recreation
Use of Park Bond Funds for Denton Branch Rail Trail
Several years ago, the City secured a federal grant, administered through the Texas
Department of Transportation (TXDOT), for the construction of the Denton Rail Trail.
This eight-mile hike/bike trail runs along the old Union Pacific Railroad line, starting at
Hickory Street and continuing south into Lake Dallas. The total project was estimated at
$435,000, of which $87,000 (20%) was to be paid by the City. The contract between the
City and TXDOT also obligates the City to any costs in excess of the project total,
including TXDOT project administration charges.
The bids have been received and a contract has been awarded by TXDOT. We have been
informed that the City's costs will be an additional $70,000, most of which are TXDOT
charges in excess of their original estimate. This kind of overrun is not unusual for
TXDOT projects.
Since we have already invested $87,000 and secured another $348,000 in grant funds, we
do not feel that can withdraw from the project at this stage. Therefore, we are proposing
to use bond funds recently sold for community park acquisition to cover the additional
costs. These costs will then be reimbursed out of Trails/Linkages funds that will be
available in next fiscal year.
I'll be prepared to respond to your questions at the special called meeting on Wednesday,
April 26th.
FAadmin\CIP PROJECTSX2000 CIP Oversight cram re Rail Trail funding 4-24-00.doc
20
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
May 2, 2000
Agenda No.
Agenda Item
oat,,_
Fiscal and Municipal Services
Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services
SUBJECT
A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE
SIMPLIFICATION OF STATE AND LOCAL SALES AND USE TAXES, AND URGING
STATES TO MOVE EXPEDITIOUSLY TO DEVELOP AND APPROVE MODEL
SIMPLIFICATION LEGISLATION THAT ALLOWS STATE AND LOCAL SALES AND
USE TAXES TO BE APPLIED EQUITABLY TO TRADITIONAL RETAIL AND REMOTE
SALES; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
As you all are aware, the collection of sales tax on electronic commerce has been a hotly
debated and greatly misunderstood issue. Because of the tremendous fiscal impact and the
associated potential revenue loss, cities across the nation have been closely monitoring
legislative actions.
I've attached an update from the Texas Cities Legislative Coalition regarding current actions by
both Senate and House. Also attached is a resolution for Council approval urging
simplification and fairness in the application of sales and use tax as well as letters to our
representatives in Washington.
FISCAL INFORMATION
Current sales tax revenue represents 33% of the General Fund Budget for the 1999-2000 fiscal
year.
EXHIBITS
Memo
Letters to representatives
Resolution
Respectfully submitted:
Assistant City Manager
Fiscal and Municipal Services
EXAS CITIES
ISL^T V CO^ ITIO
Austin '
WA~HINOTON
Barbara T. lvl~
Dallas · Denton · Lubbock · Piano
ACTION ALERT
TO: Betty Williams
FROM: Barbara McCall~d Ralph Oarboushian%
SUBJ-ECT: Electronic Commerce
April 27, 2000
Now that the Advisory Commission of Electronic Co_mmeree (ACEC) has completed its
business and folmally presented a report to Coz~ess, members of the House and Senate
have quickly moved in an attempt to implement some provisions of the report. Further
action in both the House and Senate is expected in early May.
Senate
Senate Commerce Corem/tree Chairman $ohn McCain (R-AZ) has introduced leg/siafion
(S 2255) that would extend the current moratorium on state and local taxation of
electronic commerce for five years through December 31, 2006. The current · ·
moratodnm, which was included in the 1998 [utei'net Tax Freedom Act (ITFA), prohibits
state and local taxation oflntemet access fees and "multiple or discriwinatory' taxes and
is scheduled to expire on Septcmbcr 30, 2001.
State and local government organizations oppose S 2255 because they fear that it would
stall current efforts in a handful of states to in.~titute a simplified system of collecting
sales and uses taxes on Interact ptLrchases that would not impose any burdens on the
consumer or merchant. They also argue that the current moratorium still has 18 months
remaining and the extend it for such a long 6m.e would be premature, particularly given
the rate oftechnolog/cal advancements,
McCain canceled a markup of S 2255 earlier this month when it became clear during a
hearing on the bill that he did not have the votes to pass it in the Commerce Committee.
Senator Hutchison, a member of the Commerce Committee, played a key role in that
decision. However, McCain expected to continue to work to move the bill through the
Senate.
1401 K STREET, NW - SUiie 700 . WASHINGTON, DC 20005-3401
202/842-5430 · FAX 202/842-5051 - mccall@capitaledge.com
Reports are that the Hottse $11dicisfy Comm~ iS ~ to ~S le~on ~
42~ d~ ~e ~ w~ of M~ ~ ~d ~ some of~e mo~ con~v~s~
p~sio~ of~e ACEC ~ ~ci~ ~ml~ ~ He~ Hyde ~-~)
~ ~e le~sla~o~ but it n!~o b~ ~C ~po~ of~mmi~ ~ Demo~ John
Cony~ ~-~. ~e Hy~ bffi ~d: ~se a ~t b~ on ~et ~
~; pro~d~ a fiv~ye~ ~on of~ ~t ~A mo~o~; ~clud~ a "Seine of
~e Con.ss" ~ol~on ~at ~m ~d l~ gov~ shodd work ~u~'~e
N~o~ Co~e~nce of Commi~io~ on Unlfo~ S~e ~ws ~CCUSL) ~ develop
~ifot~a s~es ~ Ic~s~fion; ~d ~a~ ~ Ad~o~ Commission o~ Unlfo~ S~cs ~d
Use T~ W mo~tor ~ development of a ,mlfo~ law md to. ~e recommcndo.~o~ to
Con~css on the ~p~ of~e i~pa~ ofNC~SL ~pos~.
However, the most dama~ng provision'of HR 4267 involves the issuc ofnexns. The bill
includes nine specific nexus exemptions (also included in the ACEC report) from state
and local sales mx:
Use by sellers of an Intemet server that is present in the state of purchase;
Placement of digital data by sellex$ on a'server located in a state;
Usc of telecommnnications s~wvice providers with a physical presence in the state;
Use or presence in such state of intangible properS., .owned by such seller;,
Affiliation of the seller with taxpayers in the state;
Performance of repair wanauty services in thc
Existence of a contract between sellers and pe~ons physically present in the state
providing for the return of goods purchasml over the Intern~ and
Advertisement of business location, phone number, or Intemet address of such
seller.
In addition, HR 4267 would specifically exempt aH digitized goodS and their physical
counterparts (books, magazines, mmic, etc.) from all sales and use taxes, regardless of
how they are sold. ..
These provisions with regard to nexus are particularly troubling as they appear to create
any number of loopholes for a merchant to avoid collecting sales and use taxes in my
state outside of their headquarters state. As a result, the orgauiza~ons are also opposing
HR 4267.
All of the state and local public interest groups are cooperatively asking their members to
pass the same resolution. For your convenience, it is attached. Wc have prepared the
enclosed letters to the congressional delegation opposing 3 2255 and HR 4267. They are
intended to convey the resolution; the letters can be adapted if you choose not to do a
resolution'. Please call with any questions.
Enclo~u-es
DRAFT
The Honorable Phil Gramm
United States Senate
Washington, DC 20510-4302
Dear Senator Gramm:
Please accept the attached City of Denton resolution opposing federal attempts to
prohibit local taxation of electronic commerce.
We strongly believe that sales taxes should be levied in a fair and equitable manner.
While electronic commerce is one of the many engines fueling our economic growth,
it should not be singled out for preferred tax status. As sales over the Internet grow,
an exemption of those sales from sales taxes will hurt the level of services we can
offer our citizens. The City derives 33% of our General Fund revenue from sales tax
receipts and we have very few options to replace lost revenue. Please note that the
City of Denton is only interested in collecting existing taxes in a manner that treats
everyone fairly. We do not favor imposing any new taxes on electronic commerce
and we are even less interested in imposing discriminatory or multiple taxes on this
industry.
We agree that this issue needs to be studied further. However, the current
moratorium does not expire for another 18 months. Given the rapidly changing
technology, an extension of the moratorium would be premature. Several states are
in the process of instituting systems of collecting sales and use taxes on remote sales
that would not burden the consumer or the merchant. This effort should be given a
chance to work before further legislation is considered.
Cordially,
Jack Miller
Mayor
Also send to:
The Honorable Kay Bailey Hutchison
United States Senate
Washington, DC 20510-4304
DRAFT
The Honorable Ralph Hall
United States House of Representatives
Washington DC 20515-4304
Dear Representative Hall:
Please accept the attached City of Denton resolution opposing federal attempts to prohibit
local taxation of electronic commerce.
We strongly believe that sales taxes should be levied in a fair and equitable manner. While
electronic commerce is one of the many engines fueling our economic growth, it should not
be singled out for preferred tax status. As sales over the Internet grow, an exemption of
those sales from sales taxes will hurt the level of services we can offer our citizens. The
City derives 33% of our General Fund revenue from sales tax receipts and we have very few
options to replace lost revenue. Please note that the City of Denton is only interested in
collecting existing taxes in a manner that treats everyone fairly. We do not favor imposing
any new taxes on electronic commerce and we are even less interested in imposing
discriminatory or multiple taxes on this industry.
We agree that this issue needs to be studied further. However, the current moratorium does
not expire for another 18 months. Given the rapidly changing technology, an extension of
the moratorium would be premature. Several states are in the process of instituting systems
of collecting sales and use taxes on remote sales that would not burden the consumer or the
merchant. This effort should be given a chance to work before further legislation is
considered.
We are especially concerned about egregious legislation (HR 4267) designed to allow a few
large corporations with both Internet and traditional stores to completely avoid all sales
taxes, regardless of how their goods are sold. This is simply unfair.
Cordially,
Jack Miller
Mayor
Also send to:
The Honorable Dick Armey
United States House of Representatives
Washington DC 20515-4306
The Honorable Mac Thornberry
United States House of Representatives
Washington DC 20515-4306
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE
SIMPLIFICATION OF STATE AND LOCAL SALES AND USE TAXES, AND URGING
STATES TO' MOVE EXPEDITIOUSLY TO DEVELOP AND APPROVE MODEL
SIMPLIFICATION LEGISLATION THAT ALLOWS 'STATE AND LOCAL .SALES AND
USE TAXES TO BE APPLIED EQUITABLY TO TRADITIONAL RETAIL AND REMOTE
SALES; AND PROVIDING AN EFFECTIVE DATE. .
WHEREAS, under current law~ local retailers in Denton are required to collect sales and
use taxes on transactions regardless of whether they are conducted over the counter, over the
internet, telephone, or by mail order, while out-of-state or remote sellers are under no such
obligation; and
WHEREAS, the primary barrier to collecting taxes on remote sales is the Supreme
Court's 1967 ruling in National Bellas Hess, Inc. v. Illinois, which prohibits state and local
governments from imposing a duty to collect on remote sellers in part because it would be overly
burdensome and too costly to require them to figure out and remit sales taxes to thousands of
different state and local governments that have different tax rates and other requirements; and
WHEREAS, the Supreme court reaffnmed the Bellas Hess decision in 1992 in its ruling
in Quill Corp. v. North Dakota, but clarified that Congress may authorize state and local
governments to require remote sellers to collect their taxes in a manner that does not unduly
burden interstate commerce; and
WHEREAS, both Supreme Court decisions pre-date the intemet which has been the
engine driving the explosive growth in electronic commerce. Business to consumer sales alone
in this area are expected to surpass $184 billion nationally by 2004; and
WHEREAS, current law has created an un-level playing field between local retailers and
remote sellers, one in which remote sellers, who sell products over the interact tax-free, have a
competitive advantage over our local retailers, who are required by law to collect our sales taxes
on over-the-counter sales; and
WHEREAS, Denton has a local sales tax which is a significant revenue source that is
being used to provide vital public services, such as: police, fire protection, library services, and
parks and recreation; and
WHEREAS, the Advisory Committee on Electronic Commerce ("ACEC") failed to reach
the consensus required by law in developing recommendations to submit to Congress on whether
and how sales taxes should be applied to electronic commerce and remote sales;' and
WHEREAS, in spite of the ACEC's failure to reach legitimate consensus, the
Commission submitted recommendations to Congress calling the elimination of the local option
sales tax on remote sales, and numerous exemptions and tax loopholes that would cost state and
local governments an estimated $30 billion annually; and
Page 1
S:\Our Docum~ts~Resolu~ons~OO~mplfficafion and faim~ss.doc
WHEREAS, local and state governments across the nation acknowledge that their sales
and use tax sYstems are too complex and burdensome for ~lectronic commerce and remote sales,
and they are working cooperatively to adopt model legislation to radically simPlify their tax
systems for the21st century so they can be easily applied to all commerce; and
WHEREAS, numerOus proposals have been introduced in Congress to implement some
of the recommendations in the ACEC report, and the House Speaker and Senate Majority Leader
have stated their intentions' to approve legislation this year extending the current 3-year
moratorium on new taxes on internet access fees, multiple and discriminatory taxes for an
additional 5 years; and
WHEREAS, there is no compelling need to extend the moratorium at this time since it is
not scheduled to expire until October 2001, and since the legislation endorsed by the
Congressional leadership neither addresses the competitive disadvantage issue for local retailers
nor the collection of taxes on remote sales for state and local governments, which are the two
most dominant issues in this debate; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City of Denton supports the simplification of state and local sales
and use taxes, and urges states to move expeditiously to develop and approve model
simplification legislation that allows state and local sales and use taxes to be applied equitably to
traditional retail and remote sales.
SECTION.2. That Congress is urged to ignore the report and recommendations of the
Advisory Commission on Electronic Commerce, and not to consider legislation simply extending
the current moratorium.
SECTION 3. That Congress is strongly urged to approve legislation' that provides that
once a state successfully implements sales tax simplification, it will trigger Congressional
authorization granting that state the authority to require remote sellers to collect its state and
local use taxes.
SECTION 4. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the __ day of
,2000.
JACK MILLER, MAYOR
Page 2
$.~Oer Documems'~U..esol uli~'~OO~simplifi calibre ~d fairness.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
BH~..RB~~IY~)ERT L.P ,CITY TO ..RNEY
Page 3 _.
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
May 2, 2000
City Manager's Office
Mike Jez, City Manager
Agendll No.--~?~-.~
Agenda Item
SUBJECT
Consider nominations and appointments to the City's Boards and Commissions.
BACKGROUND
The following is a list of current Board/Commission vacancies/nominations:
There is a vacant alternate position on the Zoning Board of Adjustment. John Johnson was
appointed to serve as a full-time member from an alternate position. This is a nomination by
the entire Council.
If you require any further information, please let me know.
Respect fully sub~ mitted:
J e~ffe~ WaitlJrs
Ct(B/Secretary
Date: April 27, 2000
To: Mayor and Members of the City Council
From: Jennifer Waiters, City Secretary
Greg Muirhead, current member of the Zoning Board of
Adjustment, has submitted the name of Bill Colville for
consideration as a nomination to fill the alternate vacant
position on the Zoning Board of Adjustment.
E.E. ALEXANDER FAMILY
LIMITED PAR TNERSHIP
4811 Bluff View
Dallas, Texas 75209
214/357-0979
May 1, 2000
Hon. Mayor Jack Miller
and Members of the City Council
City of Denton
215 East McKinney
Denton, Texas 76201
The property located on the southwest comer of Teasley Lane and Lillian Miller
Parkway, more particularly described as Lot 1, Block B of the RNW Addition, Denton,
Texas
Honorable Mayor and Members of the City Council,
E.E. Alexander Family Limited Partnership is the sole owner of the above-referenced
property. The purpose of this letter is to reiterate the owner's opposition to the rezoning of the
subject property from a Planned Development (PD-16) zoning district to Conditional Office (0)
and Neighborhood Service (NS) zoning districts (Z-00-003, RNW Addition), which rezoning,
according to the most recent City Council agenda, the City Council will consider at the May 2,
2000 public hearing. The matter is listed as item 19 on the agenda.
We ask you to consider the fact that, as a result of this written opposition, Section
211.006 of the Texas Local Government Code and Section 35-7(5) of the Code of Ordinances of
the City of Denton mandate that an affirmative vote of at least three-fourths of the members of
the city council is required in order for the aforementioned rezoning to become effective.
Thank you for your consideration of the owner's interest in this matter.
E.E. ALEXANDER FAMILY LIMITED PARTNERSHIP
Dall~s4 461847 v 2, 46335.00001
By:
Alexander Management, L.L.C.,
nA. Alexander/President
Doug Powell, City of Denton
Michael Jez, City of Denton
Herb Prouty, City of Denton
Jennifer Walters, City of Denton
Cary Moon, Sheldon Development
Howard Compton, Bank of America
William S. Dahlstrom, Jenkens & Gilchrist
Dallas4 461847 v 2, 46335.00001
Oak Tree Plaza Maps and Plats, Preserve at Pecan Creek Preliminary Land
Plan, and $3,750,000 General Obligation Bonds, Series 200 and $3,125,000
Certificates of Obligation, Series 2000 Financial Papers are located in
Exhibit File