HomeMy WebLinkAboutJune 05, 2001 Agenda AGENDA ^~enda No ~.___..
' CITY OF DENTON CITY COUNCIL ~genda It~?~,/./~
June 5, 2001 r~ate . /
After det~rmlmn~at a quorum is present and convening in an Open Meeting, the City Council
will convene m a Closed Meeting of the City of Denton City Council on Tuesday, June 5, 2001,
at 5 00 pin in the City of Denton Council Work Session Room, Denton City Hall, at 215 East
McKluney, Denton, Texas to consider specffic 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 00 p m land will convene at the t~me listed below for ~ts 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 vath Chapter 551 of the Texas Government Code, as amended, as set
forth below
1 Closed Meeting
A Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE
Section 551 071
(1) Receive legal advise from the C~ty Attorney or his staff concerning legal
issues regarding rails to trails agreements w~th Union Pacific Railroad
including the acqmsltlOn thereof by DART, and related legal Issues
regarding mass transit and hike and bike trmls
B Deliberations regarding real property - Under TEXAS GOVERNMENT CODE
Section 551 072
(1) Receive ~nformatlon from staff, discuss and deliberate concerning the
possible purchase, exchange and value of real property with Union Pacific
Railroad, containing approximately 6 acres, for municipal services,
including parking facd~tles, located adjacent to and west of Munmlpal
Center East and the City's faclhtles management faclhtles in the City of
Denton
ANY FIB AL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A CLOSED
MEETIN{ ~ WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TI )LAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PRC VISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC
POWER i XCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A
CLOSEDI 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 ICLOSED 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, June 5, 2001 at 6 00 p m ~n the
Council Chambers at City Hall, 215 E McKlnney Street, Denton, Texas at which the following
~tems will be considered
1 Pledge of Allegiance
A. U S Flag
City of D~nton City Council Agenda
June 5, 2001
Page 2
B Texas Flag
"Honor the Texas Flag -- I pledge allegmnce to thee, Texas, one and indivisible"
2 Consider approval of the m~nutes of April 3, April 10, April 17, April 24, May 1 Special
Called Session, May l, and May 8, May 14, May 15, May 16, May 22, and May 29,
2001
PRESENTATIONS
3 Proclamations
A Flag Day
CITIZEN REPORTS
4 Gerald DeMarsh regarding procedures at the Police Department
5 Brian Sutherland with the Township II Neighborhood Association Group regarding the
City not mmntaunng Rio Grande Blvd per an agreement
6 Glynms Phllhps regardmg the condition of the roads getting to Swisher Road
7 Charlye Heggms regarding redistricting
8 Mae Nell Shepherd regarding redistricting
9 Mildred Hawk regarding h~storm bridges for the Ryan Road area
10 Ross Melton, Jr regarding trml by jury and attorneys
NOISE EXCEPTION
11 Consider a request for an exception to the noise ordinance for a Juneteenth celebration at
Fred Moore Park on June 19 until 11 00 p m
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the City
Manager lot h~s 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 ~tems prior to consideration
Listed below are b~ds, purchase orders, contracts, and other items to be approved for
payment under the Consent Agenda (Agenda Items 12 - 34) 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 12 - 34 below will be
approved with one motion If items are pulled for separate dlscussmn, they will be considered as
the first items following approval of the Consent Agenda
City of D~nton City Council Agenda
June 5, 2001
Page 3
12 Consider approval of a resolution approving the Denton Emergency Planning Advisory
Council (DEPAC) as an advisory group concerned with all emergencies and their Impact
upon the City of Denton and Denton County, and providing an effective date
13 This item has been pulled from consideration
14 Consider adoption of an ordinance providing for the expenditure of funds for the
purchase of public safety system mobile data computers (MDC) upgrades which is
avmlable from only one souroe an accordance with the provisions of State Law exempting
such purchases from requirements of competitive bids, and providing an effective date
(PO 14516 to Datalux in the amount of $130,240 for MDC Pubic Safety Upgrades)
15 Consider adoption of an ordinance providing for the expenditure of funds for the
purchase of automatic throw over switchgear which is available from only one source In
accordance with the provisions of State Law exempting such purchases from
requirements of competitive bids, and providing an effective date (Purchase Order 14681
to S & C Electric Company in the amount of $65,200 for automatic throw over switches)
16 Consider adoption of an ordinance providing for the expenditure of funds for the
purchase of video direction count stations which are available from only one source In
accordance with the provisions of State Law exempting such purchases from
requirements of competitive bids, and providing an effective date (PO 14685A to
Consolidated Traffic Controls Inc in the amount of $75,330)
17 Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of a skid mounted compressed air foam system, providing for the
expenditure of funds therefore, and providing an effective date (Bid 2677 - Compressed
Air Foam Systems awarded to Farestorm LLC In the amount of $26,350)
18 Consider approval of a tax refund to Texas Manor Inc in the amount of $570 09 The
2000 property value was decreased by the Denton Central Appraisal District
19 Consider approval of a tax refund to Cooperwood LTD in the amount of $867 63 The
2000 property tax was paid twice
20 Consider approval of a tax refund to Preserve at Pecan Creek in the amount of $774 29
The 2000 property tax was pa~d twice
21 Consider approval of a tax refund to CMS Hartzell in the amount of $1,600 22 The 2000
property tax was prod twice
22 Consider approval of a tax refund to International Isotopes in the amount of $4,231 60
The 2000 property tax was overpaid
23 Consider approval of a tax refund to Patney Bowes an the amount of $1,589 67 The 1999
property tax was prod twice
24 Consider approval of a tax refund to Extraco Mortgage In the amount of $635 58 The
2000 property tax was paid twice
City of Denton City Counml Agenda
June 5, 2001
Page 4
25 Consider approval of a tax refund to Sears Roebuck & Co ~n the amount of $973 77
The 1999 property value was decreased by the Denton Central Appraisal D~strmt
26 Consider approval of a tax refund to Mason Stewart ~n the amount of $597 37 The 2000
property tax was paid twine
27 Consider approval of a tax refund to Matthews Country Club Est LP ~n the amount of
1,742 18 The 2000 property tax was prod twine
28 Consider approval of a tax refund to Matthews Country Club Est LP ~n the amount of
$1,117 89 The 2000 property tax was prod twine
29 Consider approval of a tax refund to Matthews Country Club Est LP ~n the amount of
$1,123 61 The 2000 property tax was paid twine
30 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing payment of
the award of spemal commissioners anto the registry of the court in condemnation
proceeding styled The State of Texas and Ctty of Denton, Texas vs R D Marttn, Cause
No ED-2000-01212 m an amount not to exceed $24,535
31 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing payment of
the award of specml commissioners into the registry of the court ~n condemnation
proceeding styled The State of Texas and Ctty of Denton, Texas vs Tex Morgan Martin,
Cause No ED-2000-01211 ~n an amount not to exceed $39,900
32 Consider adoptmn of an ordinance of the C~ty of Denton, Texas, prohibiting parking on
the north sade of Spencer Street beg~nmng 3078 feet east of Woodrow Lane and
extending 645 feet east to a point 2821 feet west of Loop 288, prowd~ng for a severabthty
clause, prowd~ng for a savings clause, prowthng for a penalty not to exceed $ 200 for
wolattons of th~s ordinance, prowd~ng for an effective date, and prowd~ng for
pubhcat~on
33 Consider adoption of an orthnance of the C~ty of Denton, Texas prohibiting parking on the
east s~de of Cedar Street begmnlng seventy-five feet north of the northern curb of Walnut
Street and extending north on Cedar Street for twenty-two feet, prowd~ng a sawngs clause,
prowd~ng a severabthty clause, providing a penalty not to exceed two hundred dollars, and
declanng an effective date
34 Consider adoption of an ordinance of the C~ty of Denton, Texas, amending chapter 18 of
the Code of Or&nances of the C~ty of Denton regarding motor vehmles and traffic,
amenthng Section 18-109 to add a thsabled parking space on West Hmkory Street and to
remove a thsabled parking space on Roberts Street because it ~s no longer needed,
providing for a severablhty clause, providing for a savings clause, provlthng for a penalty
not to be less than $ 250 or more than $500 for wolat~ons of this ordinance, prowd~ng for
an effective date, and promdmg for pubhcatlon
PUBLIC :HEARINGS
35 Hold a pubhc heanng and consider adoption of an ordinance approwng the request to zone
apprommately 46 acres of land proposed to be annexed ~nto the C~ty (A-01-0002) to an
City of Denton City Cotmcll Agenda
June 5, 2001
Page 5
Agriculture (A) land use classification and zomng dlstr~ct The site Is generally located on
the south side of Blagg Road, approximately 1000' west of Lakevlew Boulevard The
Planning and Zomng Commission recommends approval (7-0) (Z-Ol-O004, Blagg Road
AnnexattonArea)
36 Hold a pubhc hearing and consider adoption of an ordinance approving a ProJect
Plan/Detailed Plan at 801 Sherman Drive m a Planned Development (PD-197) zoning
district The 0 6-acre property is generally located ¼ mile north of Bell Avenue, on the west
side of Sherman Drive A convemence store with gasohne sales is proposed The Planning
and Zoning Commission recommends approval with conditions (5-0) (SP-OI-O004,
Sherman Shell)
37 Hold the second of two pubhe hearings to consider the involuntary annexation and service
plan for approximately 2,226 acres of land generally located south of FM 2449, west of 1-35
West, north of Robson Ranch Road and partially west of the Robson Ranch Development
and John Paine Road m the extratemtor~aljur~sdtct~on(ETJ) of the City of Denton (A-01-
0005, Hunter Ranch Annexatton)
38 Hold a pubhc hearing and consider adoption of an ordinance approving a Detailed Plan for
1 389 acres m the Planned Development 173 (PD-173) zoning district The property is
located on the north side of Robson Ranch (formerly Crawford) Road approximately 2,000
feet west of its intersection with Ed Robson Boulevard The ~ntent Is to develop a golf
course maintenance fac~hty for the Robson Ranch development The Planning and Zomng
Conumsslon recommends approval (7-0) with conditions (Z-O0-O15, Robson Ranch
Matntenance Yard A)
ITEMS FOR INDIVIDUAL CONSIDERATION
39 Consider and take action on a request to extend the approval of a Specific Use Permit (SUP
# 218) for a fratermty house located on the southeast comer of West Oak and Fry Streets, at
1305 West Oak Street The 0 75 acre site is zoned General Retail (GR) The proposal is to
develop a rune (9)-bedroom fraternity house for the Delta Lodge The SUP was originally
approved on June 15, 1999, by Ordinance No 99-208 with a one-year extension approved
on June 6, 2000 (SUPNo 218, Delta House)
40 Consider and take action on a request for relief from the Residential Interim Zoning
Regulations, Ordinance 2000-046 for a 19 6-acre property located at the southeast comer of
Highland Park and Wlsterm The property is m an Agricultural (A) zoning district A
single-family subdlvlslonls proposed (RR-01-0002, SE Corner HtghlandPk &Wtsterta)
41 Consider and take action on a request for relief from the Residential Interim Zoning
Regulations, Ordinance 2000-046 for approximately 110 acres located east of the 1-35W and
Ponder interchange The property is in a Planned Development (PD-139) zoning district
The expansion of a single-family subdivision is proposed (RR-OI-O003, The Vtntage)
42 Consider and take action on a request for relief from the Non-Residential Interim Zoning
Regulations, Ordinance 2000-069 for approximately 1 7 acres site located at 2400 E
Umvers~ty Dr~ve The property is m a Planned Development (PD-14) zomng d~str~ct A
snackbar/restaurantlsproposed (RN-OI-O004, 2400E Untverstty Snack Bar)
City of D~nton C~ty Council Agenda
June 5, 2001
Page 6
43 Consider and take action on a request for rehef from the Non-Residential Interim Zomng
Regulations, Ordinance 2000-069 for apprommately 2 0 acres located north of Umvers~ty
Drive between Old North and Nottingham The property ~s in an Agricultural (A) zomng
&strict A Some Drive-In restaurant ~s proposed (RN-OI-O005, Sonic Drtve-ln)
44 Th~s ~tem has been pulled from consideration
45 Consider approval of a resolution nomlnat~ng a member to the Board of Managers of the
Denco Area 9-1-1 D~stnct, and declanng an effective date
46 Consider appointments to the Racml Profihng Task Force
47 Consider nominations and appointments to the C~ty's Boards and Commissions
48 New Bus~ness
Th~s ~tem prowdes a section for Councd Members to suggest aems for future agendas
49 Items from the C~ty Manager A Notfficataon of upcoming meetings and/or conferences
B Clarlficataon of ~tems on the agenda
50 Possible Cont~nuation of Closed Meeting under Sections 551 071-551 086 of the Texas
Open Meetings Act
51 Officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas
Open Meetings Act
CERTIFICATE
I certify that the above not,ce of meeting was posted on the bulleUn board at the Ctty Hall of the
C~ty of Denton, Texas, on the day of ., 2001 at o'clock
(am)(pm)
CITY SECRETARY
NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 1N 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 CALLlNG 1-800-RELAY-TX SO THAT A
SIGN LANGUAGE INTERPRETERCAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE
~,genrla Item~'
CITY OF DENTON CITY COUNCIl, MINUTES 0ate ~/.0--/O /
April 3, 2001
Ager dete~lmng that a quo~ was present ~d convemng ~n ~ Open MeeUng, the Cgy
Co~ml convened m a Closed M~tmg on Tuesday, April 3, 2001 at 5 15 p m ~n the City of
D~nton Co~cfl Work Session Room, Denton City Hall
P~SENT Mayor Brock, Mayor Pro Tem B~asley, Council Members B~oughs, Coc~,
D~ce, ~mtof~rson ~d Young
ABSENT None
1 Th~ Co.cfi considered the following ~n Closed Mee.ng
A Cons~mtlon with A~omey - Under TEXAS GOVE~MENT CODE Section
551 071 D~hb~rat~ons residing ce~mn Pubhc Power Utflmes Competit~ve
Ma~ers - Under T~xas Gove~ent Code Secnon 551 086 **
1 Recmwd competmw electric ~d commercml ~nfom~anon ~om StMf ~d
conmd~red, dmcuss~d, deliberated, ~d prowd~d Staff with direction
regarding posmble resolution of a p~ of the s~ngle-cemficanon reg~atow
proceeding brought by Denton Mummpal Electric, pending b~fore the
Pubhc Utflm~s Commission of T~xas Conducted a consultaUon w~th the
C~ty's attorneys ~n order to oNmn ~e adwce ~d recommendanons of the
City's attorneys concerning ~e above-r~ferenced issues, where to d~scuss
such ~ssues ~d ma~rs ~n a pubhc m~t~ng would conflict w~th the
attorneys' duties ~d professional responmNlmes to their chent under the
Texas Dmc~phn~y Rules of Professional Conduct
B D~hb~rat~ons Residing Ce~mn Pubhc Power Utflmes Competmve Matters -
Under TEXAS GOVE~MENT CODE S~ct~on 551 086 **
1 Reee~wd comp~tmve electric ~d commercml ~nfo~at~on ~om one of the
City's Texas M~lolpal Power Agency ("TMPA') Bo~d Members ~d/or
C~ty S~ff p~mmng to ma~ers r~g~dlng present ~d ~t~e mmnten~ce
~ssues, fin~cl~ issues, operational msues, legal ~d comph~ce msues,
~d other r~lat~d msues ~d strat~gies concerning the C~ty's interest ~n,
~d its business relationship Wl~ TMPA, recmved competmve elecmc
~d co~erol~ info.at,on residing the Denton Mumc~pal Electric
("DME") dlvest~t~e, dmcussed, deliberated, considered, ~d prowded
such TMPA Bo~d Member ~d/or Stgf w~th dlmcnon residing s~e
C Cons~tat~on w~th ~e C~ty Attorney - Under TEXAS GOVE~MENT CODE
Section 551 071
1 Received leg~ adwce from the City A~omey or his st~f concerning legal
~ssues residing dmclosure of attomey-chent comm~cat~ons ~d other
docments excepted ~om disclosure under ~e Pubhc Info~atlon Act ~n
response to an open records request from ~e Dallas Morning News where
to discuss ~ese matters in public would conflict w~th the duty of the City's
attorneys ~der Texas Dmclphn~y Rules of Professional Conduct of the
S~te Bg of Texas
Clta] Of Denton Caty Council Manutes
April 3, 2001
Page 2
D Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551 074
1 Held a d~scussaon and dehberated regarding the appointment, employment,
evaluatmn, and/or duties of a Caty Manager
Regular Meeting of the Caty of Denton Caty Council on Tuesday, April 3, 2001 at 6 00 p m ~n
the Council Chambers at C~ty Hall
1 Pledge of Allegiance
The Council and members of the audaence recited the Pledge of Allegiance to the U S and Texas
flags
2 The Council consadered approval of the minutes of March 2, 6, 9, 16, and 19, 2001
Durrance mottoned, Burroughs seconded to approve the minutes as presented On roll vote,
Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motxon earned unammously
PRESENTATIONS
3 Proclamations
A Mayor Brock presented a proclamation for Environmental Crime Prevention Week to
Officer M~ke Sweet
B Mayor Brock presented a proclamation for Sexual Assault Awareness Month to Ahc~a
Reamers of Denton County Friends of the Family
CITIZEN REPORTS
4 Ross Melton regarding h~s lawsmt, code enforcement, and attorneys
Mr Melton was not present at the meeting
5 Dorothy Framanty regarding Mummpal Court procedures
Ms Framanty stated the problems she was hawng with Mumc~pal Court
CONSENT AGENDA
Mayor Brock asked that Item #20 be pulled for separate consideration
Beasley motioned, Burroughs seconded to approve the Consent Agenda and the accompanying
ord~nance~ w~th the exception of Item #20 On roll vote, Beasley "aye", Burroughs "aye",
Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye"
Motion camed unammously
C~ty of Denton Clty Council Minutes
April 3, 2001
Page 3
6 Approved a tax refund to Hunt Petroleum Corp ~n the amount of $630 11 The 2000
property tax was prod twine
7 Approved a tax refund to Christopher Walton an the amount of $890 77 The 2000
property tax was paid twice
8 Approved a tax refund to Toyota Eqmpment Finance ~n the amount of $8,472 74 The
2000 property tax was prod twine
9 Approved a tax refund to Garland Cates ~n the amount of $849 91 The 2000 property tax
was prod twine
10 NO 2001-137
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF NORTH
LAKES PARK FOOTBALL FIELDS AND PARKING IMPROVEMENTS,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2629 - NORTH LAKES
PARK FOOTBALL FIELDS AND PARKING IMPROVEMENTS, AWARDED
TO SENECA CONSTRUCTION, INC, IN THE AMOUNT OF $910,130 30,
INCLUDING ALTERNATES 1, 3, 5, 12)
11 NO 2001-138
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF REPLACEMENT PUMP PARTS FOR
FAIRBANKS PUMP, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2582 -
REPLACEMENT PUMP PARTS FOR FAIRBANKS PUMP IN THE AMOUNT
OF $19,897)
12 NO 2001-139
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A SELF LOADING 3-REEL
TRAILER AND INDUSTRIAL HYDRAULIC CABLE TRAILER,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2646 - SELF LOADING 3 REEL
TRAILER AND INDUSTRIAL HYDRAULIC CABLE TRAILER IN THE
AMOUNT OF $96,474)
13 NO 2001-140
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF ONE SUBURBAN, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
C~ty of Denton C~ty Cotmcfl Minutes
April 3, 2001
Page 4
EFFECTIVE DATE (BID 2658 - SUBURBAN AWARDED IN THE TOTAL
AMOUNT OF $26,486 75)
14 NO 2001-141
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH
TEXAS UMPIRE ASSOCIATION, 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 BIDS, AND PROVIDING AN
EFFECTIVE DATE
15 NO 2001-142
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BURNS 8,: MCDONNELL
ENGINEERING COMPANY, INC FOR ENGINEERING AND RELATED
SERVICES PERTAINING TO APPROVED ELECTRICAL POWER SYSTEM
PROJECTS FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE
16 NO 2001-143
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF
TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION TO PROVIDE FOR INSTALLATION AND FUNDING
OF CERTAIN TRAFFIC CONTROL DEVICES AT SPECIFIED
INTERSECTIONS WITHIN THE CITY OF DENTON, AUTHORIZING THE
EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE
17 NO 2001-144
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIRST AMENDED AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
WITH THE LAW OFFICES OF LLOYD, GOSSELINK, BLEVINS,
ROCHELLE, BALDWIN AND TOWNSEND, PC FOR SERVICES
PERTAINING TO PUBLIC UTILITIES COMMISSION OF TEXAS DOCKET
NO 22350 (TXU UNBUNDLED COST OF SERVICE) RELATING TO
DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE, PROVIDING FOR RETROACTIVE APPROVAL
OF THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE
City of Denton City Council Minutes
April 3, 2001
Page 5
18 NO 2001-145
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF TASK
ORDER NO 01-B WITH R J COVINGTON CONSULTING FOR SERVICES
RELATING TO OVERALL RESTRUCTURING IMPLEMENTATION FOR
DENTON MUNICIPAL ELECTRIC, AUTHOR/ZING THE EXPENDITURE
OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
19 NO 2001-146
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS AUTHOR/ZING THE MAYOR OR CITY MANAGER TO EXECUTE
THE ATTACHED AMENDMENT TO THE AMENDED PROFESSIONAL
SERVICES AGREEMENT FOR SOFTWARE IMPLEMENTATION AND
SUPPORT BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS
TECHNOLOGIES, 1NC, A QUALIFIED INFORMATION SYSTEMS
VENDOR ("QISV") OF THE STATE OF TEXAS, TO BE PAID FROM
PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED
NINE HUNDRED FORTY-TWO THOUSAND, ONE HUNDRED AND
NINETY-FIVE DOLLARS ($942,19500), AND PROVIDING FOR AN
EFFECTIVE DATE
Item #31 was considered
Cochran motioned, Burroughs seconded to suspend the rules and allow anyone wlshlng to speak
on this item five minutes instead of the normal three minutes On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion carried unammously
31 The Council considered approval of DME's strategy to continue to monitor market rules
before entering into electric competition
Sharon Mays, Director of Electric Utthtles, stated that Glenn Fisher would brief the council on a
new marketplace for the Interim period
Glenn Fisher, Assistant Director of Planmng/Ext Affairs, presented a t~mehne regarding
deregulation He stated that Senate Bill 7 had been passed in June 1999 A p~lot program would
start on June 1, 2001 w~th 5% of ~nvestor-owned ut~htles residential and small commercial
customers being allowed to choose alternate energy providers Full competition would beg~n for
investor-owned uttht~es ~n Texas on January 1, 2002
Fisher stated that Senate Bill 7 put a munlclpahty's decision of when or if to elect for customer
choice ~n the hands of the C~ty Councd The key prowslon in th~s decision is that "the dec,stun
to partlmpate in customer chmce by the adoption of a resolution ~s irrevocable" Once Denton
was into competition, it could not get out, even ~f the experiences ~n the competitive market
showed the decision to opt ~n was a mistake
City of Denton C~ty Council M~nutes
April 3, 2001
Page 6
F~sher stated that staff recommended the Cotmcll adopt a "walt and see" attitude about
deregulation at the current time The Issue could be revisited ~n December of 2002, after the
market had operated through periods of Iow energy and high-energy demands and stakeholders
had ~dentffied and corrected market operational ~ssues
The Mayor asked ffany mtlzens would hke to speak on the subject
The following ~ndlmduals spoke
John Thompson, 3211 Darby Lane, stated he would hke to see the seriousness of the
choices we had to make
Tim Momssy, 1117 Skylark Drive, stated that wmt~ng was probably the best advice they
could get
Edwin Fulton, 1404 Ft Worth Drive, stated he would hke to see the City take a "wmt and
see" attitude
Momca Antonelly, 1202 Oakwood Drive, asked if the presentation would be avmlable on
the webslte
Yotmg moOoned, Cochran seconded to take a "walt and see" stance through 2002 On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion carried unantmously
PUBLIC HEARINGS
21 The Council held a pubhc heanng and considered adoption o£an ordinance amending the
ordinance adopting The Denton Plan 1999-2020 by adoptmg a pedestrian and bicycle component
of the Demon Mobility Plan for the City of Denton, prowdmg a sawngs and a repeahng clause,
and providing for an effective date (The Planmng and Zomng Commlssmn recommended
approval, 7-0 )
Jerry Clark stated that the pedestrian and bicycle componem was the second ~n a series of
mobtht~ plan components ~ntended to coordinate the c~ty's transportation systems
The Mayor opened the pubhc heanng
No one spoke dunng the pubhc hearing
The Mayor closed the pubhc heanng
The following ordinance was considered
NO 2001-147
AN ORDINANCE AMEND1NG THE ORDINANCE ADOPTING THE
DENTON PLAN 1999-2020 BY ADOPTING A PEDESTRIAN AND BICYCLE
COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF
DENTON, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND
PROVIDING AN EFFECTIVE DATE
C~ty of Denton City Cotmcfl M~nutes
Apnl 3, 2~01
Page 7
Beasley motioned, Coehran seconded to adopt the pedestrian and bicycle component of the
Denton Mobility Plan On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"aye", Knstoferson"aye", Young "aye", and Mayor Brock "aye" Motion earned tmammously
22 The Council held a pubhc hearing regarding the lnvoltmtary annexation and service plan
for 46 acres of land m the eastern section of the C~ty of Denton's Extraterntorml JtlrlsdlCtlon
(ETJ) The rote was generally located on the south s~de of Blagg Road, apprommately 1000'
west of Lakewew Boulevard (A-Ol-O002, Blagg Road Annexat~on Area)
Larry Re~ehhart, Assistant D~rector of Planmng and Development, stated that they had received
opposition to this ~nvoluntary annexation
The Mayor opened the pubhc hearing
The following ~ndlv~duals spoke dunng the public heanng
Lynn Thames, 5533 Blagg Road - opposed to request
The Mayor closed the pubhc heanng
23 The Council held a pubhc hearing and considered adoption of an ordinance approwng a
Zoning Plan at 1551 M~ngo Road from a S~ngle Family (SF-7) zomng dlsmct to a Planned
Development (PD) zoning district The 22 7 acre property was generally located between
Umvers~ty Drive and Mmgo Road, apprommately 500' east of Ruddell Street A semor housing
complex and pubhc park are proposed The Planmng and Zomng Commission recommended
approval (5-0) w~th conditions (ZP-OI-O001, Bluffv~ew V~llas)
Larry Re~chhart, Assistant D~rector of Planning and Development, stated that the Planmng and
Zomng Commission had recommended approval w~th the following conditions amend the
hghtlng standard, a commumty center, not to exceed 6,000 square feet, to be added to the
allowed uses, a 6' tall solid screemng fence of wood panels w~th metal posts and brick columns,
50' on center, to be added to the entire western property hne, the monument s~gns should be
placed a m~mmum of 10' from respective property hnes, and the eastern buffer should be
modified to 64'
The Mayor opened the pubhc hearing
The follovang ~nd~wduals spoke dunng the pubhc hearing
Allen Bussell, representing the petitioner, support
Brmn Potashmk, developer of proJect, support
Deborah Wright, 1513 Creek, support
Jamce Collwns, 2011 Boyd, opposition
Frank Watson, 1505 Seminole, support
Brent Yeldell, Southwest Housing, support
Joe Moore, 1505 Creek, support
Dawd Pratt, 809 Greenwood, support
City of Denton City Council Minutes
April 3, 2001
Page 8
The following individuals submitted a blue card but did not wish to speak
Charlene Smith, 1816 Boyd - opposition
Vlxgmm Boyette, 1506 Choctaw - opposition
Curtis and Bertha Erwm, 1815 Boyd - opposmon
James Collvms, 2011 Boyd - opposmon
The Mayor closed the public hearing
The following ordinance was considered
NO 2001-148
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR APPROXIMATELY 24 ACRES LOCATED WITHIN A
SINGLE FAMILY (SF-7) ZONING DISTRICT, TO CHANGE TO A
PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR MULTI-
FAMILY USES, THE SUBJECT PROPERTY BEING LOCATED BETWEEN
UNIVERSITY DRIVE AND MINGO ROAD, APPROXIMATELY 500' EAST
OF RUDDELL STREET, PROVIDING A SAVINGS CLAUSE, PROVIDING
FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
(ZP-01-0001 )
Young motioned, Burroughs seconded to approve with the following condmons a solid
screemng fence of wood panels with metal posts would be added to the western property line,
monument signs would be placed a mlmmum of 10' from respective property lines, parking for
the park site should be internal to the park and no parking for the park site would be allowed on
or adjacent to the eul de sacs in the adjacent subdivision, the ex~stlng fence along the east side of
the property would remmn or be replaced by a fence that was equivalent to or better than the
existing fence, park development and access to the park from the east would be coordinated with
residents of the subdivision adjacent to the property
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson
"aye", Young "aye", and Mayor Brock "aye" Motion carried unammously
24 The Council held a public hearing and considered adoption of an ordinance approving a
Detailed Plan / ProJect Plan for approximately 15 acres located on the southeast s~de of Interstate
35E approximately 3000 feet northwest of its intersection with Post Oak Road The property
was located in the Planned Development 12 (PD-12) zoning district An automobile dealership
was proposed The Planmng and Zoning Commission recommended approval (5-0) with
conditions (SP-OI-O001, Jim McNatt Toyota - Dodge)
Larry Remhhart, Assistant Director of Planning and Zoning, stated that the Planmng and Zoning
Commission had recommended approval w~th the following conditions hghtmg on the property
should be designed to as not to shine on adjmmng property, an irrigated landscaping strip at least
three feet ,in width should he prowded along the top of the retalmng wall along the southwestern
boundary of the property, public address speakers should be oriented so as not to face towards
City of Denton City Council Minutes
April 3, 2001
Page 9 ~
the south, southwest or west, temporary sales building should be removed from the site w~thln 90
days of a Certificate of Occupancy being issued for the main sales and service building, the
existing oak trees intended to be preserved by the apphcant should be monitored during
construction activity and dunng a five-year recovery period, if the health of any of the existing
oak trees should decline during construction or the recovery period, the applicant should plant
replacement trees in the islands where the oak trees were removed
The Mayor opened the public heanng
J~m Stephenson, 6777 Camp Bowie, Ft Worth - support
The Mayor closed the public heanng
The following ordinance was considered
NO 2001-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
ORDINANCE NO 98-084 TO PROVIDE FOR A DETAILED PLAN/PROJECT
PLAN FOR 15 02 ACRES LOCATED WITHIN PLANNED DEVELOPMENT
12 (PD-12) ZONING DISTRICT, THE SUBJECT PROPERTY BEING
LOCATED ON THE SOUTHEAST SIDE OF INTERSTATE 35E
APPROXIMATELY 3000 FEET NORTHWEST OF ITS INTERSECTION
WITH POST OAK ROAD, 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
(SP-01-0001)
Beasley motioned, Young seconded to approve the Detailed Plan/ProJect Plan with conditions
recommended by the Planning and Zomng Commission On roll vote, Beasley "aye", Burroughs
"aye", Cochran "nay", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye"
Motion carried 6-1
25 The Council held a public hearing and considered adoption of an ordinance approving a
Comprehensive Plan Amendment, from a Neighborhood Center to a Community Mixed Use
Center, for a 13 16 acre s~te located at the southwest comer of Teasley Lane and Ryan Road in
the City of Denton, Denton County, Texas A community retail center was proposed The
Planning and Zoning Comm~ssion recommended denial (3-2) (CA-O0-O02, Teasley Commons
Comprehensive Plan AmendmenO
Larry gelchhart, Assistant Director of Planmng and Zoning, stated that the Planning and Zoning
Commission recommended denial
The Mayor opened the pubhc hearing
The following lndlmduals spoke during the public heanng
Bennett Rathff, support
City of Denton C~ty Council M~nutes
Apnl 3, 2901
Page 10
Puchard Gm'net, 5321 Wildwood Lane, expressed some concerns
Raymond Shephard, 3956 Park_haven Drive, support
The Mayor closed the pubh¢ heanng
The following ordinance was considered
NO 2001-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
COMPREHENSIVE PLAN AMENDMENT FOR 13 16 ACRES LOCATED
WITHIN NEIGHBORHOOD CENTER LAND USE DESIGNATION, TO
CHANGE TO COMMUNITY MIXED USE CENTER LAND USE
DESIGNATION, THE SUBJECT PROPERTY BEING LOCATED AT THE
SOUTHWEST CORNER OF TEASLEY LANE AND RYAN ROAD,
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE (CA-00-002)
Knstoferson motioned, Cochran seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed unammously
26 The Council held a pubhc heanng and considered adoptmn of an ordinance approwng a
Zomng Plan for a 13 16 acre s~te located at the southwest comer of Teasley Lane and Ryan Road
~n the C~ty of Denton, Denton County, Texas The property was currently zoned Planned
Development 93 (PD-93) The ~ntent was to amend the Planned Development to allow the
construction of a commumty shopping center The Planmng and Zomng Commission
recommended dental (3-2) (ZP-O0-O17, Teasley Commons Zontng Plan)
The Mayor opened the pubhc hearing
The following ~nd~wduals spoke dunng the pubhc heanng
Bennett Rathff, support
Raymond Shephard, 3956 Parkhaven Drive, support
The Mayor closed the pubhc heanng
The following ordinance was considered
2001-151
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
ORDINANCE NO 85-68 TO PROVIDE FOR A ZONING CHANGE AND
ZONING PLAN FOR 13 16 ACRES LOCATED WITHIN THE PLANNED
DEVELOPMENT 93 (PD-93) ZONING DISTRICT TO ALLOW FOR A
RETAIL SHOPPING CENTER, THE SUBJECT PROPERTY BEING
LOCATED AT THE SOUTHWEST CORNER OF TEASLEY ROAD AND
C~ty of Denton C~ty Council M~nutes
April 3, 2001
Page 11
RYAN ROAD, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOLrNT OF $2,000 00 FOR VIOLATIONS
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-00-017)
Knstoferson motioned, Cochran seconded to adopt the ordinance w~th the following conditions
driveways should be hm~ted to two on Teasley and one on Ryan Road, right turn lane at the
northern most driveway on Teasley w~th a median on Teasley preventing left tums at that
driveway, reconstruction of Ryan Road across the frontage as a four lane d~wded road w~th
median opening and left and right mm lanes at the driveway, left and right mm lanes on Teasley
at the southern most driveway, design of the development shall be pedestrian oriented, no drive-
thru restaurants, one structure on the s~te allowed up to 58,000 square feet m s~ze - all others
should not exceed 45,000 square feet, no truck dehvenes between 10 00 p m and 6 00 a m, an
e~ght foot masonry wall should be constructed along the south and west s~de of the property,
s~gns shall be monument s~gns
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson
"aye", Young "aye", and Mayor Brock "aye" Motion carried tman~mously
ITEMS FOR INDIVIDUAL CONSIDERATION
27 The Council reconsidered approval of a resolutmn approwng a ProJect Plan for I 563
acres in a Commercial (C) zomng d~stnct, located on the north s~de of 1-35 at the northeast
intersection of 1-35 service road between Fort Worth Drive and Teasley Lane Johnny Carlno's
Country Itahan Restaurant was proposed (SP-O0-O19)
Larry Remhhart, Assistant D~rector of Planmng and Zoning, presented a design solution meant as
another alternative for braiding placement on the rote
Norman Abdullah, 3555 RR 6205, Austin, owner of Johnny Canno's, stated that ~f they couldn't
get the s~te approved they wouldn't be bmld~ng in Denton
Charles Mercer, 3555 RR 620 South, Austin, stated that the front of the bmld~ng needed to be on
the Interstate s~de There would be a hand~capped drop-off at the front door There would also
be fire lane access all around the bmld~ng
Tom Pntchett, 3017 Westm~mster, spoke regarding the landscaping
The following ~nd~v~duals submitted a blue card but d~d not w~sh to speak
N~ck Cade, Dallas - support
Dawd Pratt, 809 Greenwood - support
The following resolution was considered
NO R2001-013
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A
NONRESIDENTIAL PROJECT PLAN FOR JOHNNY CARINO'S COUNTRY
City of Denton City Cotlncll Minutes
April 3, 2901
Page 12
ITALIAN RESTAURANT, BEING AN APPROXIMATE I 563 ACRE SITE
LOCATED ON THE NORTH SIDE OF 1-35 BETWEEN FT WORTH DRIVE
AND TEASLEY LANE, AND PROVIDING FOR AN EFFECTIVE DATE (SP-
00-019, JOHNNY CARINO'S COUNTRY ITALIAN RESTAURANT)
Young motioned, Krastoferson seconded to approve the resolution On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "nay", Krastoferson "aye", Young "aye", and Mayor
Brock "aye" Motion carried 6-1
28 The Council considered approval of exacuon variances from Section 34-114(5),
perimeter paving, and Section 34-114(17), s~dewalks, of the Subdivision and Land Development
Regulations for the Denton Plaza Addition The I 1 6 acre sate was located at the southeast
comer of Kambefly Lane and Karma Lane The property was an a L~ght Industrial (LI) zomng
d~stnct An office and call center for the Federal Emergency Management Agency (FEMA) was
proposed The Planmng and Zoning Commission recommended approval (4-1 & 3-2) (V-01-
0008)
Krastoferson motioned, Young seconded to approve the variances On roll vote, Beasley "aye",
Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion carried 6-1
29 The Council considered approval of an exactmn variance from Section 34-114(3), street
design standards, concermng right-of-way dedication, of the Subdivision and Land Development
Regulations for a 0 6 acre property located on the west side of Sherman Drive, approximately ~A
male north of Bell Avenue The s~te was ~n a S~ngle Family (SF-7) zoning d~stnct A
convemence store w~th gasohne sales was proposed The Planmng and Zomng Comm~ssmn
recommended approval ofa partml varmnce for 8' of right-of-way dedmated (3-2) (V-Ol~O005)
J F Plangman, 3300 W University, spoke regarding the variance
Cochran motioned, Beasley seconded to deny the request for variance
Beasley withdrew her second to the motmn
Motion died for lack of a second
Burroughs motioned, Young seconded to grant a partial variance with an eight-foot driveway
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson"nay",
Young "aye", and Mayor Brock "aye" Motion carried 6-1
30 The Council considered and took actmn on a request for rehef from the Non-Residentml
Interim Zoning Regulations, Ordinance 2000-069 for a 2 2 acre property located at 1808 N Elm
Street The property was an General Retml (GR) zoning d~stnct A Planned Development
zoning district to allow both General Retail and Residential uses on the property was proposed
(RN-OI-O002, 1808 N Elm StreeO
C~ty of Denton C~ty Council Minutes
April 3, 2001
Page 13
Cochran motioned, Burroughs seconded to approve the request for relief On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and
Mayor Brock "aye" Motion earned unammously
20 The Council considered adoption of an ordinance approving an employment agreement
and authorizing the Mayor to execute this agreement employing Mmhael A Conduff as C~ty
Manager of the City of Denton, Texas, setting the compensation and terms of that employment,
ratify~ng prior action, and providing an effective date
The following ordinance was considered
NO 2001-152
AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING
THE MAYOR TO EXECUTE THIS AGREEMENT EMPLOYING MICHAEL A CONDUFF
AS CITY MANAGER OF THE CITY OF DENTON, TEXAS, SETTING THE
COMPENSATION AND TERMS OF THAT EMPLOYMENT, RATIFYING PRIOR ACTION,
AND PROVIDING AN EFFECTIVE DATE
Knstoferson motioned, Burroughs seconded to approve the ordinance On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and
Mayor Brock "aye" Motion carried 6-1
32 Items from the Cxty Manager
C~ty Manager Jez did not have any ~tems for the Counml
33 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the
Texas Open Meetings Act
34 There was no officml action on Closed Meeting Item(s) under Sections 551 071-551 086
of the Texas Open Meetings Act
W~th no further business, the meeting was adjourned at 10 45 p m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASST CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL M1NUTES
April 10, 2001
Work Session of the C~ty of Denton C~ty Councd on Tuesday, April 10, 2001 at 6 00 p m ~n the
Council Work Session Room ~n C~ty Hall
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran,
Durrmace, Krlstoferson mad Young
ABSENT None
1 The Cotmcfl received a report, held a discussion, and gave staff d~rectlon regarding a
funding recommendations report from the Commumty Development Adwsory Committee
(CDAC) mad the Human Serwces Advisory Committee (HSAC) and the proposed C~ty of
Denton 2001 Action Plan for Housing mad Commtm~ty Development (Barbara St~nnet, CDAC
Chmr and Wallace Duvall, HSC Chmr were scheduled to prowde briefings )
Barbara St~nnett, Chmr-Communlty Development Adwsory Committee, remewed the funding
recommendations by the Human Servmes Advisory Committee These recommendations were
included ~n the agenda back-up materials
Wallace Duvall, Chmr-Human Services Advisory Committee, presented the funding
recommendations by the Committee These recommendations were ~ncluded ~n the agenda back-
up materials
Barbara Ross, Comtnumty Development, Admm~strator, stated that there would be a pubhc
heanng at the next Councd meeting regarding the 2001 Actmn Plan
2 The Council received a report, held a d~scuss~on, and gave staff d~rectmn regarding
homeowners assomatlons
Ed Hodney, D~rector of Parks and Recreation, stated that a number of questions and concerns
regarding homeowner assomat~ons mad how to mmntatn open space and other amemt~es in new
resldentml developments had surfaced Council had previously d~scussed th~s topic at ~ts January
11, 2000 and April 25, 2000 meetings There were three mmn concerns deahng with homeowner
associations that included HOA structure, the need for the creation of an HOA and the HOA's
abdlty to perform
Dottle Palumbo, Asmstant C~ty Attorney, rewewed the proposed mandatory HOA reqmrement
for new residential development It would prowde for the creation and recordation of documents
subject to the rewew mad approval of the C~ty Attorney and Councd prior to the fihng of plats
Once estabhshed, the HOA would have to prowde a performance bond or escrow of funds for
mmntenance
Hodney rewewed the d~fference between an HOA and a pubhc ~mprovement d~stnct The
advantage of a PID over d~rect mmntenance by the C~ty or through an HOA was a predmtable
and sustmnable revenue stream that was dedmated to a particular project
Ehzabeth Reynolds, representing the Wind Pdver Homeowners Association, stated that her
experience w~th th~s association was very different from others she had participated in She felt
that the developers had estabhshed the assocmt~on only to assist in the development of the
project Resident partm~patlon on the Board was not adequate
C~ty of Denton City Council Minutes
April I0, 2001
Page 2
John Duff'y, representing the Oaks of Montec~to, expressed his concerns regarding the lack of a
homeowner association in h~s subdlwslon and the discrepancies in what had been promised by
the developer and what was actually delivered He reviewed a survey that had been sent out to
the residents of the Oaks of Montec~to
A representative of Sundown Ranch stated the residents ~n the area were expenenmng s~mllar
problems as residents m other developments He suggested ~mplementlng some type of
standards that would go ~n effect at the beginning of a development and not after development
had been started
Bob Shelton, developer, mwewed some of the c~mumstances surrounding problems at the
Sundown Ranch development
Consensus of the Council was to further explore the estabhshment of standards for homeowner
assomatmns, looking at programs already established and draft provlsmns for such a program
The Council also wanted to look further at pubhc ~mprovement d~stncts
3 The Councd received a report, held a d~scusslon, and gave staff direction regarthng the
use of pest, redes in the parks
Janet S~mpson, Assistant, Director of Parks and Recreation, stated that the use of pestmldes on
pubhc property was governed by Federal and State law and all Park Department employees who
applied pesticides were licensed by the Texas Department of Agriculture or the Texas Structural
Pest Control Board and were subject to mspectmn and audits of practices and record keeping
Emerson Vorel, Supenntendent of Parks and Recreation, rewewed the pohcy of the use of
herbicides and pestm~des ~n mty parks and the scheduled use of chemicals in the c~ty parks
S~mpson reviewed the hst of potentml options for staff to pursue at the d~rect~on of Council
These options ~ncluded continue the current response w~th additional research on alternative
approaches and a focus group that would ~nclude a cross section of park users and c~tlzens,
extend the temporary moratorium to future applications of pesticides, permanent cessation of
pest~mde apphcatlons ~n specffic parks or classes of parks, continue mmntenance operations
based on current maintenance standards w~thout change
Councd dmcuss~on included using the Umvers~ty of North Texas for a study of the ~ssue and
using a test location on alternative procedures to determine the feaslbd~ty of such an approach
Ed Soph stated that he apprecmted the way ~n which the staff worked w~th h~m regarding the
s~tuatlon
Consensus of Council was to proceed w~th Option 1 plus use the Umvers~ty resources to assist
w~th alteruat~ves There would be no increase in mowing due to the potential of Increased air
pollution
City of Denton City Council Minutes
April 10, 2001
Page 3
4 The Council received a report, held a d~seusslon, and gave staff direction regarthng the
process to select an arolutect to design the new Central F~re Station
Ross Chadwick, F~re Cluef, stated that staff was d~rected by Councd at the January 23, 2001 work
session to re-interview the four arcbatectural firms for the design of Central F~re Station in the old
power plant at Hmkory and Bell The Council added four members to the ~ntervlew committee
The Committee m-mtermewed the four finahsts and selected the firm of James Irdrkpatnck
Arctntect as the most baghly quahfied arcbatect Staff was requestmg Councd authorize negotiations
with the firm for a contract agreement If an agreement could not be reached w~th the #1 firm, then
negotmt~ons would beg~n with the #2 firm, etc until a firm could be proposed to the Councd
Consensus of the Cotmcll was to proceed w~th the staff recommendation
5 The Council received a report, held a d~scuss~on, and gave staff d~rect~on regarding the
State School Road Connector as an amendment to the City of Denton Mobd~ty Plan Roadway
Component
David Salmon, Interim D~rector of Engmeenng, stated that an amendment to the Roadway
Component of the Denton Mobility Plan was under constderatmn, adding a collector street
connection between State School Road and W~nd River Lane, with a possible connection to the
east s~de of Sundown Ranch Subdivision At the December 12, 2000 work session, Counml
demded to postpone action due to several unanswered concerns S~nce that t~me, staff
commissioned a study of the proposed connector system Salmon reviewed the three possible
routes for the connector and evaluated each route based on relative traffic benefits, construction
cost, and ~mpact on environmentally sensitive areas Staff was recommending Optmn #3 that
was a combination of ahgnments 1 and 2 and crossed the Umcorn Lake flood plain area twice
Consensus of Conncfl was to proceed w~th Option #I, Identifying Option #3 ahgmnent with a
neighborhood meeting of area residents
6 The Council received a report, held a d~scussmn and gave staff d~rect~on regarding the
select~on of a Sister C~ty for Denton through the S~ster Cities International program
M~chelle Cunmngham, Commumty Relations Coordinator, stated that the Denton S~ster C~tles
International steenng committee had looked at 78 cities for consideration of S~ster C~ty status
Two cities were selected to vm~t in order to complete the criteria information worksheets Many
of the mtres were dropped from consideration because they did not have a umvers~ty or already
had U S Sister C~t~es The committee was recommending approval of San Nmolas de los Garza,
Nuevo Leon, Mexico as Denton's first official S~ster City based on the selectmn criteria results
Consensus of Counml was to proceed w~th San Nicolas de los Garza as Denton's Smter City
7 The Council received a report, held a d~scuss~on, and gave staff dlrectmn regarding
proposed Mobd~ty Plan 2025 Rml System changes as drafted by the North Central Texas Council
of Governments (NCTCOG), and regarding proposed state leg~slatton related to commuter rml
Dave Hill, Assistant C~ty Manager for Development Services, stated that there were three pohcy
City of Denton City Council M~nutes
April 10, 200I
Page 4
~ssues that required Council's attention Those three items included the rad system, freeway and
tollway system, and proposed state legislation The rml system had an additional corridor added
show~ng the Atchison, Topeka, Santa Fe Railroad as a connector between Denton and
Lew~svflle The draft freeway and tollway system map contmned two proposals that d~ffered
from the approved Plan Proposed state legislation dealt w~th HB 682 that would reqmre the
preservation ofrml facilities by the Texas Department of Transportation HB 3323 proposed the
creation of a county transportation authority for public transportation and transportation related
servmes m counties adjacent to a county with a population of one million or more Staff was
concerned that one route might be selected without any feaslbdlty studies or other analyses to
support such a decision Staff felt that the changes in the freeway and tollway system reflected
changes needed to expand system capacity for roadways based on population and employment
growth and should be supported by the C~ty HB 682 was ~ntended to prevent the d~smantllng of
rml comdor rights-of-way and should be supported Staff did not have a recommendation
relative to HB 3323
Consensus of Council was to proceed with staff recommendations and present a resolution for
Council consideration
8 The Councd received a staff report, held a d~scuss~on and prowded staff direction
regarding the regulatmn of vehicles parked on residential lawns
Scott Langford, Police Department Support Operations L~eutenant, stated that the C~ty had no
ordinance that speeffically prohthlted the parking of vehmles on resldentml lawns A proposed
ordinance presented to Council in 1985 prohibited the parking or storage of any motor vehmle,
boat, travel trailer or trmler on an ummproved area of the front yard of any one-famdy, two-
family or multi-family dwelling A clause grandfathered the dwelhng ff ~t was constructed prior
to the adoption of the ordinance and there was no asphalt or concrete space on the lot Counml
did not adopt the ordinance at that t~me Options ~ncluded prepanng an ordinance that would
prohth~t the parking of any vehicle on an unimproved area of the front yard of a residence,
prepare anl ordinance that would restrict the parking of specffic vehmles on an ummproved area
of the front yard of a residence, direct staff to conduct further research and consider th~s ~ssue at
an later date, or direct staff to take no further action on the ~ssue
Consensus of the Council was to proceed w~th the dralhng of an ordinance w~th particular
attention tO contacting neighborhood groups regarding the proposal and allowing the citizens to
help develop a mt~zen friendly ordinance
9 The Council received a staff report, held a discussion and provided staff d~rect~on
regarding vetucles on parking lots with "For Sale" s~gns
Scott Langford, Police Department Support Operations Lieutenant, stated that the C~ty d~d not
have an ordinance restricting vehicles on parking lots with "For Sale" signs He reviewed the
current enforcement procedures that ~f the owner of a lot had g~ven penmsslon for vehmles to be
parked there and the vehmles did not quahfy as junk vehicles, then there was no violation
Consensus of the Councd was to not proceed w~th the drafl~ng of an ordinance
C~ty of Denton C~ty Council Minutes
Apnl 10, 2001
Page 5
10 The Council received a prehmmary assessment, held a d~scusslon, and gave d~rect~on to
staff with regard to the proposed voluntary annexation of an approximately 120 4 acre tract on
the north side of Loop 288 between Stuart Road and Sherman Drive (A-01-0001)
Consensus of the Council was to proceed with the annexation
11 The Council received a report, held a d~scusslon, and gave staff direction on the
appmntment of a task force to study racml profibng ~n Denton
Gary Matheson, Chaef of Pobce, presented an approach to the appmntment of a racial profibng
task fome Those recommendations included the appmntment of a committee w~th no more than
10 members ~ncludmg 2 pobce department representattves, Cotmcfl should designate a
chmrperson for the task force, the committee would meet weekly for the first two months,
minutes should be taken for documentation/referral, adherence would be required to the written
agenda, the adoption of an attendance standard, adoptmn of a decorum standard such as the
prohibition of negative behawor and verbal attacks, formally define racial profibng, identify
relevant data to be collected for valid study, determine the best method to collect the data,
provtde input on department ramal profihng pohcy, determine pemnent department trmmng
needs, ldent~fyhmplement pubhc education and information needs, collect the data for a
mlmmum of one year, and suggest a third party conduct statmtmal analys~s at UNT or TVqU
Consensus of the Council was to proceed with the staff recommendation
12 New Bus~ness
The following ~tems of New Business were suggested by Council Members for future agendas
A Cotmcfl Member Knstoferson asked for a rewew and possible alteration to the
development code schedule
B Council Member Cochran asked for a discussion on the d~ssolutmn of CDD #1
C Cotmcfl Member Young asked for d~scussmn regarding the children playground
eqmpment at Fred Moore Park
13 There was no offimal action on Closed Meeting Item(s) under Sectmns 551 071-551 086
of the Texas Open Meetings Act
W~th no further bus~ness, the meeting was adjourned at 11 15 p m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
April 17, 2001
After detormmmg that a quorum was present and convening in an Open Meeting, the C~ty
Council convened m a Closed Meeting on Tuesday, April 17, 2001 at 5 15 p m ~n the City of
Denton Cotmcll Work Session Room
PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran,
Durrance, Knstoferson and Young
ABSENT None
1 Council considered the following in Closed Meeting
A Consultation with Attorney - Under TEX GOV'T CODE Section 551 071
(1) D~scussed and considered strategy and status of htlgat~on w~th the C~ty's
attorneys ~n litigation styled City of Denton, et al v TXU Electric
Company, et al, Cause No 009383 currently pending in the 134th District
Court of Dallas County, Texas, and discussed legal issues concerning th~s
htlgatlon with the attorneys where to d~scuss these matters in pubhc would
conflict w~th the duty of the C~ty's attorneys to the City Council under the
Texas D~sc~phnary Rules of Professional Conduct of the State Bar of
Texas
Regular Meeting of the C~ty of Denton C~ty Council on Tuesday, April 17, 2001 at 6 00 p m in
the Counml Chambers at City Hall
1 Pledge of Allegiance
The Council and members of the Council recited the Pledge of Allegiance to the U S and Texas
flags
2 The Council conmdered approval of the minutes of March 26 and March 27, 2001
Durrance motmned, Beasley seconded to approve the m~nutes as presented On roll vote,
Beasley "aye", Bttrroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion camed unammously
PRESENTATIONS
3 April Yard of the Month Awards
Mayor Brock presented the April Yard of the month awards to
Mr and Mrs John Pekrugo
The McGmre Family
Larry and Nancy W~mberely
Bob and Betty Lamm
Mildred and James Purser
Mr and Mrs Wdhe C Taylor
City of Denton C~ty Council Minutes
Apnl 17, 2001
Page 2
4 Mayor Brock presented the following proclamations A Farr Housing Month
B National Commumty Development Week
C Days of Remembrance
D National Day of Prayer
E Proyecto Zapotlan Day
CITIZEN REPORTS
5 Nell Lights Yeldell regarding utllmes at 312 Bradshaw, flood insurance, and minority
funds for District 1
Ms Yeldell stated she had reached an agreement regarding her utilities She had a concern
regarding the flood map in her area as it indicated that she was in the flood plain and she had to
pay a h~gher ~nsurance rate She asked about the funds that were to come into D~stnct 1 for
m~nonty bus~ness
6 Ross Melton regarding the C~ty's lawyers, code enforcement, and the Council
Mr Melton stated that the City was workdng again on serving his mother m violation of code
enforcement regulations The City did not present proper papers in the suit with mistakes in the
paperwork He agtun complained about the procedures regarding code enforcement and court
procedures
NOISE EXCEPTIONS
7 The Council considered adoption of an ordinance of the City of Denton, Texas pursuant
to Section 20-1 of the Code of Ordinances of the C~ty of Denton, Texas, an exception to the
limitations imposed by that section with respect to hours of operation of an amphfied
loudspeaker system, and prowd~ng an effective date (Relay for Life)
Rodney Mitchell, Management Assistant, presented the detmls of the request for the exception to
the noise exception for Relay for Life This would be for a three-year exception for the event
The following ordinance was considered
NO 2001-153
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PURSUANT TO SECTION
20-1 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN
EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH
RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER
SYSTEM AND PROVIDING AN EFFECTIVE DATE
Knstoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed unammously
City of Denton C~ty Council Minutes
Apnl 17, 2001
Page 3
CONSENT AGENDA
Councd Member Cochran asked that #28 be referred to specffically so that the citizens would
know that the City was working on bettenng the transportatmn ~n the C~ty of Denton
Cochran motioned, Durrance seconded to adopt the Consent Agenda and accompanying
ordinances and resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed
unammously
8 NO 2001-154
AN ORDINANCE OF THE CITY OF DENTON TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED
PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC
FOR ENGINEERING SERVICES PERTAINING TO THE CONSTRUCTION PHASE
AND POST CONSTRUCTION PHASE FOR THE CITY OF DENTON LAKE RAY
ROBERTS WATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
9 NO 2001-155
AN ORDINANCE OF THE CITY OF DENTON AMENDING AN AGREEMENT
DATED AUGUST 15, 2000 RELATING TO A GRANT FOR ROUTINE AIRPORT
MAINTENANCE PROGRAM BETWEEN THE CITY OF DENTON AND THE
STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS
PROVIDED FOR IN THE AMENDMENT, AND DECLARING AN EFFECTIVE
DATE (TXDOT PROJECT NO AM2001DNTON, AND TXDOT CSJ NO
MO 18DNTON)
10 NO 2001-156
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER THREE
TO A CONTRACT FOR LEASE PURCHASE FINANCING OF PC'S, MONITORS,
AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND DELL
FINANCIAL SERVICES, PROVIDING FOR AN INCREASE IN THE QUANTITY OF
ITEMS, INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT, AND
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (FILE 2495 - DELL FINANCIAL SERVICES
AWARDED IN THE AMOUNT OF $943,398 AND CHANGE ORDER ONE IN THE
AMOUNT OF $19,656 68 PLUS CHANGE ORDER TWO IN THE AMOUNT OF
$337,710 30 AND CHANGE ORDER THREE IN THE AMOUNT OF $64,920)
11 NO 2001-157
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TEAGUE, NALL AND
C~ty of Denton C~ty Council M~nutes
Apnl 17, 2001
Page 4
PERKINS, INC FOR THE DESIGN OF HICKORY CREEK ROAD AS SET FORTH
1N THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 2670 -
PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF HICKORY CREEK
ROAD AWARDED TO TEAGUE, NALL AND PERKINS, INC, FOR A TOTAL
AMOUNT OF $215,700 00)
12 NO 2001-158
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AN ANNUAL MAINTENANCE AGREEMENT FOR 100
CONCURRENT SOFTWARE LICENSES WHICH ARE AVAILABLE FROM ONLY
ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 13585 - JD EDWARDS IN
THE AMOUNT OF $74,800)
13 NO 2001-159
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
DISPATCH CENTER CONSOLE UPGRADE AS AWARDED BY THE STATE OF
TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED
INFORMATION SERVICES VENDOR (QISV), PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (PO 10628 - CREATIVE SWITCHING DESIGNS IN THE AMOUNT OF
$70,256)
14 NO 2001-160
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF FIBER
OPTIC CABLE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES
COMMISSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING AN EFFECTIVE DATE (PO 13589 - FMS TECHNOLOGIES, INC
IN THE AMOUNT OF $361,172 48)
15 NO 2001-161
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF TRACTOR AND UTILITY
VEHICLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING AN EFFECTIVE DATE (BID 2628 - TRACTOR AND UTILITY
VEHICLES AWARDED TO LAWN LAND IN THE AMOUNT OF $71,435)
16 NO 2001-162
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE ACQUISITION OF VEHICLE PREVENTIVE
MAINTENANCE SERVICES (OIL/FILTER), PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
C~ty ofDonton Cl~y Council Minutes
April 17, 2001
Page 5
DATE (BID 2660 - PREVENTiVE MAINTENANCE SERVICES AWARDED TO
USA LUBE & TLrNE 1N THE ANNUAL ESTIMATED AMOUNT OF $50,000)
17 NO 2001-163
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF TRUCKING SERVICES,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2662 - TRUCKING SERVICES
AWARDED TO SAGOE-PUBLIC COMPANY IN THE ESTIMATED AMOUNT OF
$56,000)
18 NO 2001-164
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TRUCK UTILITY BEDS AND BODIES,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2663 - TRUCK UTILITY BEDS AND
BODIES AWARDED AS LISTED IN THE AMOUNT OF $62,560)
19 NO 2001-165
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A TRENCHER AND TRAILER,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2659 - TRENCHER WITH TRAILER
AWARDED TO VERMEER EQUIPMENT OF TEXAS IN THE AMOUNT OF
$79,195)
20 NO 2001-166
AN ORDINANCE APPROVING THE PURCHASE OF A 0 987 ACRE PUBLIC
UTILITY EASEMENT AND A 0400 ACRE TEMPORARY CONSTRUCTION
EASEMENT BETWEEN THE CITY OF DENTON AND MICHAEL AND SANDI
REYNOLDS, EASEMENTS LOCATED IN THE S MCCRACKEN, ABSTRACT NO
817 AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (LAKE RAY ROBERTS WATER
TRANSMISSION LINE PROJECT)
21 NO 2001-167
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND MARIE ELIZABETH SASSO RELATING TO THE
PURCHASE OF APPROXIMATELY 0 144 ACRE OF LAND BEING LOCATED IN
THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810 OF DENTON
COUNTY, TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING
IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PARCEL 16)
City of Demon City Council Minutes
April 17, 2001
Page 6
22 NO 2001-168
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND W H BOTTOMS AND ETHEL BOTTOMS RELATING TO
THE PURCHASE OF APPROXIMATELY 0 046 ACRE OF LAND BEING LOCATED
IN THE BBB & CRR SURVEY, ABSTRACT NO 186 OF DENTON COUNTY,
TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PARCEL 20)
23 NO 2001-169
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND ALBERT B GRUBBS AND MARGARET V GRUBBS
RELATING TO THE PURCHASE OF APPROXIMATELY 0 103 ACRE OF LAND
BEING LOCATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810
OF DENTON COUNTY, TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH
TITLE VESTING IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PARCEL 21)
24 NO 2001-170
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND CHARLIE M CUNNINGHAM AND JANIS A
CUNNINGHAM TRUSTEES OF THE CUNNINGHAM FAMILY TRUST RELATING
TO THE PURCHASE OF APPROXIMATELY 0 055 ACRE OF LAND BEING
LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 OF DENTON
COUNTY, TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE VESTING
IN THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PARCEL 27)
25 NO 2001-171
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND GERTRUDE HELEN GIBSON, INDIVIDUALLY AND AS
INDEPENDENT EXECUTRIX OF THE ESTATE OF DONALD EDWIN GIBSON,
RELATING TO THE PURCHASE OF APPROXIMATELY 0 421 ACRE OF LAND
BEING LOCATED IN THE BBB & CRR SURVEY, ABSTRACT NO 186 OF
DENTON COUNTY, TEXAS FOR THE U S HIGHWAY 77 PROJECT, WITH TITLE
VESTING 1N THE STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PARCEL 31)
26 NO 2001-172
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT
TO AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD
CONSTRUCTION FOR LAKEVIEW BOULEVARD BETWEEN THE CITY OF
City of Denton City Council Minutes
April 17, 2001
Page 7
DENTON AND DENTON COUNTY, TEXAS, ALLOWING PAYMENT OF
OVERAGE EXPENSES BY COUNTY, AND PROVIDING AN EFFECTIVE DATE
27 NO 2001-173
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 2001 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 FUN-DS TO ADMINISTER THE
PROGRAM, AND PROVIDING AN EFFECTIVE DATE
28 NO R2001-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
SUPPORTING LEGISLATION THAT WOULD ALLOW THE CREATION OF A
COUNTY TRANSPORTATION AUTHORITY, TO PROVIDE PUBLIC
TRANSPORTATION AND RELATED TRANSPORTATION SERVICES TO DENTON
COUNTY, AND PROVIDING AN EFFECTIVE DATE
29 NO 2001~174
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE
PAYMENT AND SETTLEMENT OF CLAIMS AND DEBTS, THE ACQUISITION OF
PROPERTY, AND OTHER MATTERS, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
PUBLIC ttEARINGS
30 The Council held a pubhc heanng lnwtlng citizens to comment on the C~ty of Denton's
2001 Actton Plan for Houstng and Community Development
The Mayor opened the public heanng
The following individuals spoke dunng the pubhc heanng
Roy San M~guel, 104 Inman, Denton, 76205 - support for a sewer and drmnage project in
bas area
Suzanne Adk~ns, 1216 Pin Oak Drive, Denton, 76209 - requested continued funding for
REACH Program
Lee Ann Breading, 1107 Audm, Denton, 76201 - requested continued funding for
Denton County Children's Advocacy Center
City of Denton City Council Minutes
April 17, 2001
Page 8
Mehssa Dmkenson, 419 Northndge, Denton, 76201 - requested continued funding for
REACH
Judith Royal, 305 Bluebird C~rcle, Denton, 76209 - speaking on behalf of Denton
Chnstmn Preschool and support for funding
Lorraine Splatt, 1021 Bayfield, Denton, 76209 - requested continued funding for REACH
Program
Charlye Hegglns, 422 Audra Lane, Denton, 76209 - support in expansion of Amencan
Legion Hall
Betty Iedmble, 809 Lakey Street, Denton, 76205 - support in expansion of American
Legion Hall
Joan Slellng, 2407 Fmr Oaks, Connth - spoke in support of REACH Program
Carolyn Berry, Denton City-County Day School - thanks for funding
Shem G~deon, D~rector of CASA - funding for programs
The following individuals presented Speaker Cards
Judy Platt, 707 Hfllcrest, Denton, 76201 - support of REACH Program
Carolyn Phillips, 722 Lakey, Denton, 76205 - comments regarding the funding
recommendations
The Mayor closed the public heanng
31 The Council held the second of two public heanng regarding the involuntary annexation
and servme plan for approximately 46 acres of land in the eastern section of the City of Denton
Extratemtonal Junsdmtlon (ETJ) The site was generally located on the south side of Blagg
Road, approximately 1000' west of Lakevlew Boulevard (A-Ol-O002)
The Mayor opened the pubhc heanng
Jamle Kerns spoke dunng the pubhc heanng
The Mayor closed the public heanng
32 The Council held a public heanng and considered adoption of an ordinance rezomng
approximately 0 2 acres, commonly known as 1808 N Elm Street, from a General Retail (GR)
zoning district to a Planned Development (PD) zoning district The Detmled Plan proposal was
to allow general retml and single family uses on the property The Planmng and Zoning
Commission recommended approval (6-1) with conditions (Z-Ol-O002)
Larry Remhhart, Assistant Director of Planning, stated that the property had been a shoe repmr
shop w~th an existing duplex in the back The property owner wanted to convert the property to
single family use to reduce the utihty rate from a commercial to a residential rate
The Mayor opened the public heanng
No one spoke dunng the public heanng
The Mayor closed the pubhc heanng
Caty of Denton C~ty Council Manutes
April 17, 2001
Page 9
The following ordinance was considered
NO 2001-175
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
DETAILED PLAN/PROJECT PLAN FOR APPROXIMATELY 0 2 ACRES LOCATED
WITHIN A GENERAL RETAIL (GR) ZONING DISTRICT, TO CHANGE TO A
PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR SINGLE FAMILY
USES AND GENERAL RETAIL USES, THE SUBJECT PROPERTY BEING
LOCATED ON THE EAST SIDE OF ELM STREET, APPROXIMATELY 250'
SOUTH OF UNIVERSITY DRIVE, PROVIDING A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY IN THE MAXIMLrM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z~01-
002)
Cochran motioned, Young seconded to adopt the ordanance wath the condat~ons recommended
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye",
Young "aye", and Mayor Brock "aye" Motaon camed unammously
33 The Council held a pubhc heanng and consadered adoptmn of an ordanance approvang a
Project Plan / Detmled Plan for a 21 295 acre tract generally located at the southwest comer of
Wandsor and Bonrae Brae The property was an the Planned Development 86 (PD-86) zomng
dastnct A church and parochml school was proposed The Planmng and Zomng Comm~ssmn
recommended approval (7-0) w~th cond~tlons (SP-OI-O002)
Larry Reachhart, Asmstant Darector for Planmng and Development, stated that this proposal was
an comphance wath the comprehensave plan The ordanance would approve the project plan and
detailed plan on the southwest comer of Wandsor and Bonme Brae
The Mayor opened the pubhc heanng
No one spoke dunng the pubhc heanng
The Mayor closed the pubhc heanng
The following ordinance was considered
NO 2001-176
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO 84-133 TO PROVIDE FOR A DETAILED PLAN/PROJECT PLAN FOR 21 295
ACRES LOCATED WITHIN PLANNED DEVELOPMENT 86 (PD-86) ZONING
DISTRICT, THE SUBJECT PROPERTY BEING GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF WINDSOR AND BONNIE BRAE, 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 (SP-01-0002)
City of Denton City Council M~nutes
April 17, 2001
Page 10
Beasley motioned, Young seconded to adopt the ordinance with the conditions from the Planmng
and Zonmg Commass~on On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance
"aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously
34 The Council held the first of two pubhc heanngs regarding the ~nvoluntary annexation
and servme plan for approximately 122 acres of land ~n the western section of the C~ty of Denton
Extratemtonal Junsdmt~un (ETJ) The site was generally located along Masch Branch Road
south of Hampton Road north of H~ghway 380 (A-Ol-O004)
Larry Re~chhart, Assistant D~rector for Planmng and Development, stated that th~s was the fimt
of two public heanngs for the ~nvoluntary annexation and servme plan for 122 acres located
along Masch Branch Road south of Hampton Road on H~ghway 380
The Mayor opened the pubhc heanng
Patncm Adams, 1710 Westminster, Denton, 76201, spoke for one of the landowners m
opposition to the annexation
The Mayor closed the pubhc heanng
Burroughs motioned, Knstoferson seconded to reduce the s~ze of the annexation to a m~mmum
~n order to get the 1000 feet for the annexatmn On roll vote, Beasley "aye", Burroughs "aye",
Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye"
Motion camed unammously
ITEMS FOR INDIVIDUAL CONSIDERATION
35 The Council considered approval of a d~rective to c~ty planmng staff to extend the
development code remew process and schedule, to ~mprove efforts to respond to citizen and
bus~ness concerns, and to make corresponding rev~slons
Dave Hill, Assistant C~ty Manager for Development Services, stated that Council clarified their
~ntent for the Planmng and Zomng Commission to complete thmr remew of the Development
Code and committed to one more pubhc heanng Staff was suggesting that Council d~rect staff
to prepare a t~metable and plan of action for future consideration of the Code Additional issues
to consider were strategies regarding public meetings and the need to address unresolved ~ssues,
a draft time frame summanmng how to incorporate additional pubhc part~mpat~on in the overall
rewew process, a detexm~nat~on of the proper sequence and rewew of formal action of all of the
components of the code, a red hne document for changes of the document, a procedure to make
sure rews~ons to Denton Plan were consistent w~th the Denton Code An option for Council
consideration was to grant t~me for the Plarm~ng and Zomng Commission to complete map
rews~on considerations or to have Council do those rews~ons
Council Member Burroughs suggested Council address as many as possible of the questions
dealing w~th the land use map and the Planmng and Zomng Commission review the text
Separate pubhc heanngs could be held on the land use map and on the text
C~ty of Denton C~ty Council M~nutes
Apnl 17, 2001
Page 11
Hill stated that ~t would be hard to d~stmgmsh between the land use defimt~ons and the text as
they were interrelated
Mayor Brock expressed a concerned about the Council taking over the map portions She felt
the Council needed to respect the Planmng and Zoning Comm~ssxon opxmons and
recommendations w~th regards to the map
Mayor Pro Tem Beasley felt there was a need for a Council strategy to consider working on the
document She d~d not want to rush through the process and felt that there was a need to have
more pubhc meetmgs after the Planmng and Zomng Commission considered the document and
after there was one completed draft document to consider
Mayor Brock suggested that before any more pubhc heanngs were held that there be an amended
map for ~nd~wduals to examme
Council Member Durrance suggested spemfic t~mes when Council would beg~n working on the
text port~on
36 The Cotmcfi considered adoption of an ordinance authorizing the City of Denton, Texas
to select San Nmolas de Los Garza, Nuevo Leon, Mexmo, as ~t's official S~ster C~ty w~th~n the
program gmdehnes of S~ster C~t~es International, and authorizing the C~ty Manager to take other
action consmtent w~th th~s ordinance, and prowdmg an effective date
The followmg or&nance was considered
NO 2001-177
AN ORDINANCE AUTHORIZING THE CITY OF DENTON, TEXAS TO SELECT
SAN NICOLAS DE LOS GARZA, NLrEVO LEON, MEXICO, AS IT'S OFFICIAL
SISTER CITY WITHIN THE PROGRAM GUIDELINES OF SISTER CITIES
INTERNATIONAL, AND AUTHORIZING THE CITY MANAGER TO TAKE
OTHER ACTION CONSISTENT WITH THIS ORDINANCE, AND PROVIDING AN
EFFECTIVE DATE
Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion carried unanimously
37 The Cotmcfl considered adoption of an ordinance approwng a commermal operator
mrport lease agreement between the C~ty of Denton and Triangle Awat~on, Inc, and prowdmg
an effective date
The following ordinance was considered
City of Denton City Council Minutes
April 17, 2001
Page 12
NO 2001-178
AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND TRIANGLE AVIATION,
INC, AND PROVIDING AN EFFECTIVE DATE
Knstoferson motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed w~th a 6-1 vote
38 The Councd considered adoption of an ordinance authorizing the ~ssuance, sale, and
dehvery of C~ty of Denton Utlhty System Revenue Refunding and Improvement Bonds, Series
2001, and approving and anthonmng instruments and procedures relating thereto, and prowdtng
an effective date
D~ana Ortm, D~rector of F~scal Operattons, rewewed the results of revenue refunding and
improvement bonds for city The bonds would prowde funds for water and wastewater drmnage
projects and electnc utlhty projects
Dave Medanmh, First Southwest Company, stated that the ~nterest rate on the bonds would be
5 001% and recommended the firm of Dane Roucher
The following ordinance was considered
NO 2001-179
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING AND
IMPROVEMENT BONDS, SERIES 2001, AND APPROVING AND AUTHORIZING
iNSTRUMENTS AND PROCEDURES RELATING THERETO, AND PROVIDING
AN EFFECTIVE DATE
Krlstoferson motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed unammously
39 The Counml considered approval of an exaction variance from Sectmn 34-124(d)1,
drmnage famhties, concerning proposed channel improvements, of the Subdivision and Land
Development Regulations for a 100 acre property generally located on northwest comer of
Airport Road and Precision Drive The site was m a Light Industrial (LI) zomng d~stnct The
combmatmn of two lots ~nto one lot was proposed The Planmng and Zoning Commms~on
recommended approval of the variance w~th cond~tmns (6-0) (V-01-0003)
Larry Remhhart, Assistant Director for Planmng and Development, stated that Peterbdt had
purchased property to the north of their exmtmg plant and wanted to combine the two p~eces of
property ~nto one lot There was no development proposed for the property at th~s t~me The
current subd~vm~on regulations reqmred all ~mprovements at this time The Planmng and Zomng
City of Denton C~ty Council Minutes
April 17, ¢001
Page 13
Commission had recommended a condlt~on to have the pubhc improvements done at the time of
development
Cochran motioned, Burroughs seconded to approve the variances assocmted with Item #39, #40
and #41 with the conditions recommended by the Planning and Zomng Commission
J~m Fykes fi.om Peterbilt spoke regarding the variances
On roll vote for approval of Items #39, #40, and #41, Beasley "aye", Burroughs "aye", Cochran
"aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned
unanimously
40 The Council considered approval of an exactmn variance from Section 34-114(5) and
Sectmn 34-114(17), reqmred extensmns, concerning perimeter pawng and s~dewalks, of the
Subd~wsmn and Land Development Regulatmns for a 100 acre property ~s generally located on
northwest comer of A~rport Road and Premsmn Drive The s~te ~s ~n a L~ght Industrial (LI)
zomng d~stnct The combination of two lots ~nto one lot was proposed The Planmng and
Zonmg Comm~ssmn recommended approval of the variance w~th condmons (6-0) (V-01-0010)
Th~s ~tem was considered w~th Item #39
41 The Counc~l considered approval of an exaction variance from Section 34-118(a)1,
reqmred extens;ons, concerning proposed water and sewer hnes, of the Subd~ws~on and Land
Development Regulatmns for a 100 acre property ~s generally located on northwest comer of
A~rport Road and Prems~on Dnve The s~te was m a L~ght Industrial (LI) zoning d~stnct The
combxnatmn of two lots ~nto one lot ~s proposed The Planmng and Zoning Comm~ssmn
recommended approval of the variance w~th conditions (6-0) (V-01-0009)
Th~s item was considered w~th Item #39
42 The Council considered and took action on a request for rehef from the Non-Res~dentml
Interim Zomng Regulat;ons, Ordinance 2000-069 for a 9 6 acre property generally located north
of Spencer Road and 900 feet east of Woodrow Lane The property was ~n L~ght Industnal (LI)
zomng d~stnct A Denton Mumc~pal Electric Substation was proposed (RN-OI-O003, Spencer
Road Addttzon)
Knstoferson motmned, Burroughs seconded to approve the request for rehef On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion camed unanunously
43 The Council conmdered approval of a resolution approwng a ProJect Plan for
approximately 4 acres, ~n a General Retml (GR) zomng d~strlct, generally located at the
northwest comer of Umvers~ty and Carroll Boulevard An expansion of the ex~stmg Kroger
store with related site and access improvements was proposed (SP-OI-O006)
The following resolution was considered
C~ty of Denton C~ty Councd M~nutes
April 17, 2001
Page 14
NO R2001-015
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROViNG A
NONRESIDENTIAL PROJECT PLAN FOR KROGER EXPANSION, BEiNG AN
APPROXIMATE 4 0 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF
UNIVERSITY (US 380) AND CARROLL BOULEVARD, AND PROVIDiNG FOR AN
EFFECTIVE DATE (SP-01-0006, KROGER EXPANSION)
Cochran motioned, Burroughs seconded to approve the resolution
T~m McNamara spoke regarding the resolution
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye",
Young "aye", and Mayor Brock "aye" Motion canned unammously
44 The Council conmdered appointments to the Racml Profihng Task Force
Council Member Knstoferson appmnted G~lbert Mart~nez
Mayor Pro Tem Beasley appointed Martha Guerra
Council Member Young appointed Ruby Cole
45 The Council did not make any nommatmns and appointments to the C~ty's Boards and
Commissions
46 New Business
There were no ~tems of New Bus~ness suggested by Counml Members for future agendas
47 Items from the C~ty Manager
A Notffieat~on of upcoming meetings and/or conferences
B Clanficatlon of ~tems on the agenda
Interim C~ty Manager Mart~n d~d not have any ~tems for Councd
48 There was no continuation of Closed Meeting under Sectmns 551 071-551 086 of the
Texas Open Meetings Act
49 There was no offimal action on Closed Meeting Item(s) under Sectmns 551 071-551 086
of the Texas Open Meetings Act
Following the completmn of the Regular Meeting, the Counml convened m a Work Session
1 The Counml received a report, held a d~scuss~on, and gave staff d~rect~on regarding possible
commencement of annexation proceedings for a port~on of the Hunter Ranch property, compnsxng
approximately 2,301 3 acres The property was located on the west s~de of IH-35W, between
Crawford Road and FM 2499
City of Denton C~ty Cotmcfl M~nutes
April 17, 2001
Page 15
Dave Hill, Assistant City Manager for Development Servmes, stated that there was a
development proposal ~n the ETJ area of the mty The apphcant had expressed a desire drill a
natural gas well field development
Ike Shupe, representmg the development, stated that they were not interested in annexation
Knstoferson motioned, Beasley seconded to move forward with the annexation Consensus of
the Council was to proceed with the annexation
With no further business, the meeting was adjourned at 9 40 p m
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
April 24, 2001
After determlmng that a quorum was present and convening in an Open Meeting, the City
Council convened m a Closed Meeting of the City of Denton City Council on Tuesday, April 24,
2001, at 5'15 p m m the City of Dentun Council Work Session Room
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran,
Durrance, Knstoferson and Young
ABSENT None
1 The Council considered the following in Closed Meeting
A Deliberations Regarding Certmn Public Power Utilities Competitive Matters ---
Under TEX GOV'T CODE Section 551 086 **Consultation with Attorney ---
Under TEX GOV'T CODE Section 551 071
(1) Received a confidential competitive electric utility presentation from
Staff, receive eompentlve electric market information from Staff and
outside experts, discussed, deliberated, considered, provided Staff w~th
direction, vote, and take action as necessary regarding future wholesale
power purchase strategies including, but not hmlted to the replacement of
resources, and the possible sale, transfer, assignment, or other divestiture
of the City of Denton's electric utlhty system, including, without
hmltatlon the Spencer generation famhty located on Spencer Road in
Denton County, Texas, and the two hydroelectric facilities owned by the
City located in Denton County, Texas Conduct a consultation with the
City's attorneys in order to obtain the advice and recommendations of the
City's attorneys concermng the above-referenced issues, where to discuss
such ~ssues and matters m a pubhc meeting would conflict with the
attorney's duties and professional responsibilities to their client under the
Texas Dlsclphnary Rules of Professional Conduct
Work Session of the C~ty of Denton City Council on Tuesday, April 24, 2001 at 6 00 p m in the
Council Work Session Room in City Hall
1 The Council received a staffreport, held a discussion, and gave staff direction regarding a
proposed revision to Section 20-1 of the Code of Ordinances regulating noise
Scott Fletcher, Field Operations-East-Denton Police Department, stated that on January 23,
2001, staff presented a report to Council outhnlng several proposed revisions to the current noise
ordinance Following that report, staff received several comments from interested parties
regarding their problems and concerns with the proposed revisions Based on those comments
and comments from Council, staff continued to research possible solutions to the noise nuisance
issue The business and residential section of the ordinance specifically targeted music
violations, used decibel levels as an objective standard, kept the hours of the current ordinance,
included lower levels for nighttime noise, and allowed for proactive approach by businesses
Decibel levels for daytmae noise would be 75 dba, nighttime level would be 70 dba Th~s was
based on staff research of current levels with the levels intended to include ambient noise Bass
reverberations were one of the more common noise complaints The ordinance would be based
on the perception of vibration as the standard and would be measured from inside the residence
C~ty of Denton City Council Minutes
April 24, 2001
Page 2
Vehicles would Involve clearly and~ble sound fi.om more than 35 feet, would be applicable to
music and bass, would address the majority of citizen complmnts, was based on safety factors
and would be enforceable on sight Outdoor music festivals would prowde measurable standard
for event no,se, 70 dba at event perimeter would be permitted, included ambient noise and would
be enforced based on complmnts The department would have a specific policy on how to
handle no,se complmnts, with detailed procedures for enforcement and would require
documentation for citizen complaints
Council discussed the provisions of the proposed ordinance centering on violation of all citizen's
rights including those makang the no, se and those heanng the noise A concern was expressed
regarding the provisions dealing with outdoor music festivals versus bands playing outdoors on a
regular basts
Tom Kay spoke to the Council regarding noise around his home from a nearby a club
Mlckey George spoke to Council regarding the revisions of the noise ordinance
Consensus of the Council was to rewew the concerns expressed and return for another work
session
2 The Council received a report, held a discussion, and gave staff direction concerning
cable television rates for Charter Commumcatlons
John Cabrales, Public Information Officer, stated that the City was certified to regulate cable
television rates for basic cable service, equipment, changing t~ers, and the hourly service charge
Under the current franchise agreement, Charter Communications agreed to file for new rates only
once per year The C~ty received the appropriate FCC forms on March 2, 2001 The City had
one year fi.om that date to issue a rate order estabhshlng the maximum permitted rates that
Charter Commumcat~ons may charge He rewewed the proposed rates from Charter as lnthcated
~n the agenda materials A pubhc heanng would be held on May 1, 2001 for pubhc ~nput and the
Council would conmder the ordinance on May 15, 2001
3 The Council received a briefing and demonstration from staff regarding the Building
Inspections D~mslon's recently ~mplemented permit tracking software and onhne interface
Greg Mitchell, Building Official, provided Council with a demonstration on how the
development data was being recorded and used and how onhne customer servmes would be
improved for both the general pubhc and builders/contractors
4 The Council received a report, held a discussion and gave staff direction regarding
amending the Tax Abatement Policy to include additional considerations for expanding
businesses
L~nda Rathff, Community Development Director, stated that some ex,sting bumnesses under the
current pohcy, even though they might spend a great deal of money on renovations of a building,
would not exceed the threshold for a tax abatement Two clauses were added to address this type
of situation One clause addressed special consideration for abandoned buildings in an attempt
to more aggressively market facilities that qualified
City of Denton City Cotmcll Minutes
April 24, 2001
Page 3
Council Member Cochran suggested a clarification regarding speculative leasing spaces
Council Member Knstoferson left the meeting
Consensus of the Councd was to proceed with the amendment to the tax abatement policy as
proposed
5 The Council received a report, held a discussion and gave staff direction on proposed
changes to City Ordmance - Chapter 26 - Utilities This proposal reflected changes in
operations, technology, and customer needs, and are m preparation for deregulation
Susan Croff, Ut~htles Customer Servme Manager, stated that Council considered changes to the
ordinance on March 27, 2001 and requested additional Information in several areas including the
charging of Interest on late payments, the addition ofa dehnquent penalty charge and a change ~n
the payment due date and termination of service A 37 day tlme hne would be Implemented
instead of the current longer time frame The not,ce of disconnect would be placed on the next
bill ~nstead of sending out a separate notice However, more personal calls would be made
Indicating ~hat d~sconnectlon would be made within a few days
Consensus of the Council was to phase in the changes starting with the reduced time frame and
later consider ~mplementmg the penalty and interest fees with an automatic review of the
ordinance ~n s~x months
6 The Council received a report, held a discussion, and gave staff direction regarding
changing the Cotmcll's rules to allow discussion and constderatmn of ~tems pulled from the
consent agenda prior to the pubhc heanngs
Betty Wllhams, Director of Pubhc Information and Management, stated that due to increased
development activities, numerous public heanngs were being considered at each council
meetings Many times the pubic heanngs were qmte lengthy and result in a number of staff
wmtlng to be avmlable to answer Council questions when a pulled consent agenda ~tem was
considered under "Items for Individual Consideration" It was felt that it would be more efficient
to have pulled consent agenda ~tems conmdered after the consent agenda
Consensus of the Counml was to proceed w~th the amendment and to incorporate it ~nto a
consolidation of the entire ordinance
7 New Business
The following ~tems of New Bus~ness were suggested by Council Members for future agendas
A Council Member Cochran suggested a review of the code enforcement process
8 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the
Texas Open Meetings Act
C~ty of Denton City Cotmcfl Minutes
Apnl 24, 2001
Page 4
9 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086
of the Texas Open Meetmgs Act
W~th no further business, the meeting was adjourned at 9 50 p m
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 1, 2001
After determining that a quormn was present and convemng m an open meeting, the City
Cotmcfl convened m a Specml Called Meeting on Tuesday, May 1, 2001 at 1 30 p m ~n the C~ty
Cotmcfl Chambers of C~ty Hall
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Cotmcll Members Burroughs, and
Durrance
ABSENT Council Members Cochran, Knstoferson and Young
1 The Council received and opened b~ds regar&ng C~ty of Denton Certificates of
O~0hgatlon Bonds, Series 2001
Dawd Medanmh, F~rst Southwest Company, opened the b~ds and read the effective Interest rate
as follows Wllham R Hough & Co - 4 856291, Bank of America Securities, LLC - 4 851342,
ABN AMRO Fmancml Servmes, Inc - 4 845323, First Southwest Co - 4 843711, Daln
Rauscher, Inc - 4 841336, Legg Mason Wood Walker, Inc - 4 838528, Stephens Inc -
4 829794, UBS PmneWebber Inc - 4 817306 He stated that the bids had been checked for
accuracy and t~mehness
Medamch recommended awarding the b~d to UBS PmneWebber Inc at a rate of 4 817306%
Beasley motioned, Burroughs seconded to award the bid to UBS PmneWebber Inc On roll vote,
Beasley "aye", Burroughs "aye", Durrance "aye", and Mayor Brock "aye" Motion passed 4-0
Councd Member Cochran arrived at the meeting
2 The Cotmcfl considered adoption of an ordinance authorizing the ~ssuance, sale, and
dehvery of C~ty of Denton Certfficates of Obhgat~on Bonds, Series 2001, approwng and authonmng
~nstmments and procedures relating thereto, and prowd~ng an effective date
The following ordinance was considered
NO 2001-180
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY
OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 2001,
APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO, AND PROVIDING AN EFFECTIVE DATE
Beasley motioned, Burroughs seconded to approve the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", and Mayor Brock "aye" Motion passed 5-0
3 The Council received and opened btds regarding C~ty of Denton General Obhgatlon
Bonds, Series 2001
Dawd Medanmh, F~rst Southwest Company, opened the b~ds and read the effective interest rate
as follows Legg Mason Wood Walker, Inc - 5 171187, First Southwest Co - 5 170031,
Wflham R Hough & Co - 5 149617, Daln Rauscher, Inc - 5 148312, ABN AMRO F~nanclal
Servmes, Inc - 5 128617, Stephens Inc - 5 123146, Banc of America Securities LLC -
City of Denton City Cotmcfl Minutes
May 1, 2001
Page 2
5 108243, and UBS PaineWebber Inc - 5 107992 He stated that the bids had been checked for
accuracy and tmaelmess
Medamch recommended awarding the bid to UBS PaineWebber Inc at a rate of 5 107992%
Durrance motioned, Cochran seconded to award the bid to UBS PmneWebber Inc On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", and Mayor Brock "aye"
Motion passed 5-0
4 The Courlcll considered adoption of an ordinance authorizing the issuance, sale, and
delivery of C~ty of Denton General Obligation Bonds, Series 2001, levying the tax to pay same,
approving and authorizing ~nstmments and procedures relating thereto, and providing an
effective date
The following ordinance was considered
NO 2001-181
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY
OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 2001,
LEVYING THE TAX TO PAY SAME, APPROVING AND AUTHORIZING
INSTRUMENTS AND PROCEDURES RELATING THERETO, AND
PROVIDING AN EFFECTIVE DATE
Burroughs motioned, Durrance seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", and Mayor Brock "aye" Motion passed 5-0
With no further business, the meeting was adjourned at 1 44 p m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASST CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 1, 2001
Regular Meeting of the City of Denton City Council on Tuesday, May 1, 2001 at 6 00 p m in the
Council Chambers at City Hall
PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran,
Durrance, Knstoferson and Young
ABSENT None
1 Pledge of Allegiance
The Council and members of the audience recited the pledge to the U S and Texas flags
PRESENTATIONS
2 Mayor Brock presented the following proclamations
A Mental Health Month
B Dr Norval Pohl Day
C Denton Clnco de Mayo Day
D Dnnlong Water Week ~n Denton
E Arson Awareness Week
CITIZEN REPORTS
3 Jackle Sasser regarding harassment by a council member
Ms Sasser stated that she had been harassed at her work place by a Council Member regarding
her husband's campaign materials and who and how those materials were made
4 Petemm Washington regarding the Racml Profiling Task Force
Ms Washington felt that racial profiling was done against young African-American yomh and
questioned the members of the task fome who were being appointed by the Council in regards to
their quahficat~ons
5 Ross Melton regarding the C~ty Attorney, Code Enforcement, and the City Council
Mr Melton spoke agmn about his pemeption that there was a lack of a definition for trash and
the ~nconslstent policies of Code Enfomement
6 Carolyn Phflhps regardmg the Southeast Denton Nmghborhood Association
Billy Brasfleld spoke for Ms Phflhps He commented on the select~on of members to the Racial
Profihng Task Force and felt that members should have not been appointed until after the
election He felt that the appointment from southeast was not the appointment that the
commumty wanted
C~ty of Denton C~ty Councxl M~nutes
May 1, 2001
Page 2
NOISE EXCEPTIONS
7 The Councd considered a request for an exception to the no;se ordinance for a Denton
C~nco de Mayo event hosted by Canales Production at North Texas Fairgrounds on Sunday, May
6, 2001 from Noon to 9 30 p m
Counml dxscussed the pros and cons regarding the granting of the request due to no~se
complaints received last year
Burroughs motmned, Young seconded to grant the exceptmn wxth the cond~tmn of meeting the
proposed no~se ordinance conditions and not exceeding the cun'ent ordinance On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young
"aye", and Mayor Brock "aye" Motion earned unanunously
8 The Council considered a request for an exception to the no~se ordinance for a Campaign
and Birthday Party on Reed and McDonald Streets between (1004 Reed and 1212 McDonald) on
Saturday, May 5, 2001, untd M~dnlght
Young motioned, Beasley seconded to approve the request On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned unanimously
CONSENT AGENDA
Beasley motmned, Knstoferson seconded to approve the Consent Agenda and accompanying
ordinances and resolutmns On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Morton earned
unanimously
9 Approved a tax refund to Johnme L Slmon~ntheamountof$599 11 The 2000 property
tax was paid twine
10 Approved a tax refund to Lympens Kozms In the amount of $726 66 The 2000 property
tax was pmd twice
11 Approved a tax refund to Centex Homes ~n the amount of $2,776 38 The 2000 property
tax was paid twice
12 Approved a tax refund to Extraco Mortgage m the amount of $812 70 The 2000
property tax was paid twice
13 Approved a tax refund to David Coulter and Shelley Cushman ~n the amount of $805 00
Tho 1999 property tax was prod twice
14 Approved a tax refund to Connie Suttle ~n the amount of $881 35 The 2000 property tax
was prod twice
City of Denton City Cotmc~l M~nutes
May 1, 2001
Page 3
15 Approved a tax refund to Kyle & Nancy Baker in the mount of $941 42 The 2000
property tax was paid twice
16 Approved a tax refund to Nell Elhott in the mount of $2,091 30 Mrs Elhott
erroneously prod her Denton County and DISD taxes to the City of Denton
17 Approved a tax refund to Charles Q Mlchie in the amount of $1,013 53 The 2000
property tax was prod twice
18 Approved a tax refund to DolgenCorp Texas, Inc in the amount of $1,025 58 The 2000
property tax was paid twice
19 Approved a tax refund to David Haesle in the amount of $731 44 The 2000 property tax
was prod t~v~ce
20 Approved a tax refund to United Copper Industries in the amount of $1,934 03 The
2000 property value was decreased by the Denton Central Apprmsal District
21 NO 2001-182
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
CITY OF KRUM FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND
CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF
SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE
22 NO 2001-183
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
, INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE, PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (FILE 2675 - INTERLOCAL AGREEMENT FOR FURNITURE WITH
DENTON COUNTY, CONTRACT AWARDED TO MCK1NNEY OFFICE SUPPLY IN
THE AMOUNT OF $31,428 81)
23 NO 2001-184
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN
AIRPORT PROJECT PARTICIPATION AGREEMENT BETWEEN THE CITY OF
DENTON AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR FINANCIAL
ASSISTANCE TO THE DENTON MUNICIPAL AIRPORT FOR
DESIGN/ENGINEERING COSTS, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
C~ty of Denton C~ty Council Minutes
May 1, 2001
Page 4
24 NO R2001-016
A RESOLUTION ALLOWING METZLERS FOOD AND BEVERAGE TO BE THE
SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE
CINCO DE MAYO CELEBRATION ON MAY 5, 2001, UPON CERTAIN
CONDITIONS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION, AND
PROVIDING FOR AN EFFECTIVE DATE
25 NO R2001-017
A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE
HISTORIC HOMEOWNERSHIP ASSISTANCE ACT AND URGING CONGRESS
AND THE PRESIDENT TO ENACT IT EXPEDITIOUSLY, AND PROVIDING AN
EFFECTIVE DATE
26 NO 2001-185
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON CJW PARTNERS FOR THE CITY'S PARTICIPATION IN THE
OVERSIZING OF SEWER MAIN AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
27 NO 2001-186
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER
MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON CJW PARTNERS FOR THE CITY'S PARTICIPATION IN THE
OVERSIZING OF WATER MAINS AND 1N ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
28 NO 2001-187
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES
AGREEMENT WITH EMCON FOR COMPLETION OF CONSTRUCTION QUALITY
ASSURANCE AND CONSTRUCTION MANAGEMENT TASKS FOR CITY OF
DENTON LANDFILL CELLS 2A AND 2B, AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
29 Th~s ~tem was pulled from cons~deratmn
City of Denton C~ty Council M~nutes
May 1, 2001
Page 5
PUBLIC HEARINGS
30 The Council held a pubhc heanng to receive citizen comments regarding cable telews~on
rates
John Cabrales, Pubhc Information Officer, reviewed the details of the proposed changes that
were ~ncluded m the agenda materials
The Mayor opened the pubhc heanng
The following lnd~wdual spoke dunng the pubhc heanng
Guy L~tton, 2608 Wh~spenng Oaks, Denton, 76209 - opposed to the ~ncrease
The Mayor closed the pubhc heanng
31 The Council held a public heanng and consider adoption of an ordinance granting
approval of a subsurface use of a portion of the Denton Branch Rml/Trafl apprommately 1,850
feet south of Connth Loop road at milepost 728 for the installation of a wastewater sewer hne m
accordance w~th Chapter 26 of the Texas Parks and Wfldhfe Code, providing for the ~ssuance of
an easement and prowd~ng an effective date
Bob T~ckner, Supenntendent of Parks and Recreation, stated that th~s request was from the C~ty
of Connth for installation of an underground sewer hne under Denton's Raft/Trail comdor
The Mayor opened the pubhc hearing
No one spoke dunng the pubhc heanng
The Mayor closed the pubhc heanng
Council Member Young left the meeting
The following ordinance was considered
NO 2001-188
AN ORDINANCE GRANTING APPROVAL OF A SUBSURFACE USE OF A
PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 1,850
FEET SOUTH OF CORINTH LOOP PARKWAY AT MILEPOST 728 FOR THE
PURPOSE OF A WASTEWATER SEWER EASEMENT IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR
A DRAINAGE EASEMENT AND PROVIDING AN EFFECTIVE DATE
Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs ,"aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye"
Motion camed unammously
City of Denton City Council Minutes
May 1, 2001
Page 6
32 The Council held the second of two public heanngs regarding the involuntary annexation
and service plan for approximately 122 acres of land in the western section of the City of Denton
Extraterritorial Junsdlctlon (ETJ) The site was generally located along Masch Branch Road
south of Hampton Road north of Highway 380 (A-Ol-O004, Masch Branch Road)
Doug Powell, Director of Planning and Development, stated that at the February 6th Councll
meeting, Council instructed staffto begin this annexation with a reduction of area to a 1000-foot
comdor
The Mayor opened the pubic heanng
Council received a letter from Patnma Adams regarding the annexation
The following individual spoke dunng the public heanng
Patncla Adams, 1710 Westminster, Denton 76206 - opposed to the annexation with offer
to restncted covenant in regards to an asphalt plant
The Mayor closed the public heanng
33 The Council held the first of two public heanngs regarding a proposed voluntary
annexation and service plan for approximately 77 5 acre tract of land located north of Loop 288,
east of Stuart Road and west of Sherman Drive in the extratemtonal jurisdiction of the City of
Denton, Texas (A-OI-O001, Denton ISD)
Doug Powell, Director of Planmng and Development, stated that this was a voluntary annexation
in association with a school site
The Mayor opened the public heanng
No one spoke dunng the public heanng
The Mayor closed the public heanng
Council Member Young returned to the meeting
34 The Council held a public heanng and considered adoption of an ordinance amending the
Concept Plan and Detmled Plan for approximately 428 acres located in the Planned Development
132 (PD-132) zoning district, commonly known as The Preserve at Pecan Creek The property
was generally located northeast of the intersection of Interstate 35E and Lakevlew Boulevard and
east of Swisher Road The intent was to modify the scope and phasing of transportation
improvements associated with The Preserve at Pecan Creek development The Planning and
Zoning Commmslon recommended approval (7-0) with conditions (Z-Ol-O003, Preserve at
Pecan Creek)
Doug Powell, Director of Planning and Development, stated that the developer was requesting an
amendment to the required transportation requirements Currently, the requirement was to
extend Lakevlew Boulevard northward and to construct an extension of Edwards Road from
C~ty of Denton C~ty Council M~nutes
May 1, 2001
Page 7
Swisher Road to the northem extension of Lakewew Boulevard when Tract D or M were
developed The applicant would like to delay the Edwards Road extension until such t~me as
Tracts L, M or O were developed
Marc Foothk stated that m order to facilitate the School Dmtnct they were requesting a thfferent
access point until the second phase of the development was built out and the traffic conditions
were met per the development reqmrements
John Anderson spoke regarding the detmls of pawng the streets and what was reqmred of the
developer
The Mayor opened the pubhc heanng
The following ~nd~wduals spoke dunng the pubhc heanng
Kemn McCormack, 3031 Swisher Road, Denton, 76208 - opposed
Gma Nunez, 3325 Swisher Road, Denton, 76208 - opposed
Rebecca Nunez, 3057 Swisher Road, Denton, 76208 - opposed
Doss Phllhps, 3397 Swisher Road, Denton, 76208 - opposed
Marc Foothk was allowed a five m~nute rebuttal
Ahce Pockrus - questmned ~f closing Pockrus Page Road
The Mayor closed the pubhc heanng
Council Member Young motmned to postpone cons~deratmn tmtfl the next regular counml
meetang to allow the developer to meet w~th the residents to work out the concerns of the area
residents Motion d~ed for lack of a second
The following ordinance was considered
NO 2001-189
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO 98-394 AND 98-395, TO PROVIDE A CHANGE IN THE REQUIRED
TRANSPORTATION IMPROVEMENTS FROM THE PLANNED DEVELOPMENT
132 (PD-132) ZONING DISTRICT AND LAND USE CLASSIFICATION,
PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE
MAXIMLrM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE (Z-01-003)
Knstoferson motioned, Cochran seconded the morion based on h~s assurance that the developer
would maantmn the potholes ~n the area On roll vote, Beasley "aye", Burroughs "aye", Cochran
"aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion camed
w~th a 6-1 ~vote
35 The Counml held a pubhc heanng and considered adoptmn of an ordinance approving a
Zomng Plan at 801 Sherman Drive from a S~ngle Family (SF-7) zomng district to a Planned
Development (PD) zomng d~stnct The 0 6 acre property was generally located on the west s~de
City of Denton City Council Minutes
May 1, 2001
Page 8
of Sherman Drive, approximately ¼ mile north of Bell Avenue A convemence store with
gasoline sales was proposed At the March 28, 2001 Planning & Zoning Commission meeting, a
motion to~ deny fmled (3-4), the motion to continue the case to April 11, 2001 was approved (6-
1) The Planmng and Zomng Comrmsslon's motion to approve fmled (2-5) on April 11, 2001
Therefore, no recommendation was made by the Planning and Zomng Commission (ZP-01-
0002, Sherman Shell)
Ed Snyder, Deputy City Attorney, stated that a simple majority vote would be reqmred due to the
lack of a recommendation by the Planning and Zomng Commission
Doug Powell, Director of Planning and Development, stated that the property had been zoned
SF-7 since 1969 The proposal was to update the present gas station with a convenience store
with gasoline sales The Planning and Zoning Commission passed the proposal on to Council
with no reeommendatlon
Joel Plangman, 3300 W University, Denton, 76207, made a presentation to Council
The Mayor opened the public heanng
The following individuals spoke dunng the public heanng
Doug Haggard, 703 Lynwood, Denton, 76201 - opposed
Diana Arrbaugh, 828 Sherman Drive, Denton, 76201 - opposed
Laurie Adams, 800 Sherman Drive, Denton, 76201 - opposed
Dave Platt, 809 Greenwood, Denton, 76201 - opposed
Gerald Mink, 740 Sherman Drive, Denton, 76201 - opposed
Lon Enckson, 816 Sherman Drive, Denton, 76201 - opposed
Joel Plengman was allowed a five minute rebuttal
The Mayor closed the public heanng
Durrance motioned, Cochran seconded to deny the request On roll vote, Beasley "aye",
Burroughs, "nay", Cochran "aye", Durrance "aye", Knstoferson "nay", Young "nay", and Mayor
Brock "nay" Motion failed with a 3-4 vote
The following ordinance was considered
NO 2001-190
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR 0 6 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7)
ZONING DISTRICT, TO CHANGE TO A PLANNED DEVELOPMENT (PD)
DISTRICT TO ALLOW FOR GENERAL RETAIL USES, THE SUBJECT PROPERTY
BEING LOCATED ON THE WEST SIDE OF SHERMAN DRIVE,
APPROXIMATELY ¼ MILE NORTH OF BELL AVENUE, PROVIDING A
SA1VINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE (ZP-01-0002)
C~ty of Denton C~ty Council Minutes
May 1, 2001
Page 9
Young motioned, Burroughs seconded to adopt the ordinance w~th the hours of operation bemg
hm~ted to 6 00 a m to I0 00 p m, no s~gns on the exterior of the bmld~ng except within the
windows, s~gnage would be detailed and dehneated on the detmled/project plan, all free-standing
signs would be monument s~gns, neon s~gns would not be allowed, no outdoor loud speakers, the
detailed/proJect plan would ~ncorporate the photos showing the exterior elevations of the
bmld~ng as presented to the Council at the pubhc heanng on May 2, 2001 and the standard
hght~ng conditions On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance
"nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned w~th a 4-3 vote
36 The Council held a pubhc heanng and considered adoption of an ordinance approving a
Zomng Plan at 3502 E McIrdnney Street from an Agriculture (A) zoning d~stnet to a multi-
famfly conditioned (MR-I[c]) zonmg thstnct The 22 0 acre property was generally located on
the south s~de of McKmney, less than I000' west of Loop 288 A mult~-famdy complex was
proposed The Planning and Zomng Comunss~on recommended approval (5-2) w~th conditions
(ZP-OI-O003, Knollwood Vzllas)
Doug Powell, D~rector of Planmng and Development, stated that the apphcant was requesting
rezonmg for a multi-family complex w~th 264 umts at a density of 12 0 dwelling umts per acre
The overall density of the s~te was more than the density allowed under the Interim Regulations
of 8 8 umts per acre The proposed Zomng Plan provided a transition between the tugher
~ntenslty commermal land uses to the east and the lower intensity s~ngle family uses and vacant
property to the west
The Mayor opened the pubhc heanng
The following ~ndlwduals spoke dunng the pubhc heanng
Allen Buscell - favor
Brian Potashalk, 3424 Connell Ave, Dallas, 75240 - favor
Bernard We~nste~n, 7219 Canongate, Dallas, 75248 - favor
Thomas Hams - 901 Imperial Drive, Denton, 76209 - favor
The Mayor closed the pubhc heanng
NO 2001-191
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A
ZONING PLAN FOR APPROXIMATELY 22 ACRES LOCATED WITHIN AN
AGRICULTLrRE (A) ZONING DISTRICT, TO CHANGE TO MULTI-FAMILY
CONDITIONED (MF[c]) DISTRICT TO ALLOW FOR MULTI-FAMILY USES, THE
SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF MCK1NNEY
STREET, APPROXIMATELY 1000' WEST OF LOOP 288, 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 (ZP-01-0003)
C~ty of Denton C~ty Cotmml M~nutes
May I, 2001
Page 10
Young motioned, Burroughs seconded to adopt the ordinance with the conditions from the
Planning and Zomng Connmss~on On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "nay" Motion camed w~th a
6-1 vote
ITEMS FOR INDIVIDUAL CONSIDERATION
37 The Council considered approval of a resolution of the C~ty of Denton, Texas,
authorizing the City Manager to partm~pate with the City of Ft Worth ~n the development and
subm~smon of a grant apphcat~on under the Umted States Department of Housing and Urban
Development Lead-Based Paint Hazard Control grant program, establishing object~ves and
projected use of funds w~th appropriate certfficatlons, as authorized and reqmred by the Housing
and Commumty Development Act of 1974, as amended and the National Affordable Housing
Act of 1990, as amended and all other applicable laws, providing for an effective date
The following resolution was considered
NO R2001-018
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO PARTICIPATE WITH THE CITY OF FT WORTH IN THE
DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION UNDER THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM, ESTABLISHING
OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE
CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE
NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED AND ALL
OTHER APPLICABLE LAWS, PROVIDING FOR AN EFFECTIVE DATE
Burroughs motioned, Cochran seconded to approve the resolution On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned unammously
38 The Councal considered approval of a resolutmn approwng a ProJect Plan for 3 086 acres,
in a Commercml conditioned (C[c]) zomng d~stnct, located at the southeast comer of Pockrus
Page Road and 1-35E Servme Road An auto dealership ~s proposed (SP-OI-O05, House Smart
Addttton)
The followmg resolution was considered
NO R2001-019
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A
NONRESIDENTIAL PROJECT PLAN FOR HOUSE SMART ADDITION, BEING AN
APPROXIMATE 3 086 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF
INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD, AND
PROVIDING FOR AN EFFECTIVE DATE (SP-01-0005)
C~ty of Denton City Council Minutes
May 1, 2001
Page 11
Don Anderson spoke on the Issue
Knstoferson motioned, Young seconded to approve the resolution On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion earned unanimously
39 The Counml considered approval of a resolution of the C~ty Councd of the C~ty of
Denton, Texas, amending the policy for tax abatement for the C~ty of Denton to estabhsh
gmdehnes and criteria governing tax abatement agreements to allow waiver of the five milhon
dollar threshold and the maximum tax abatement percentage, to define professional positions, to
make other changes as set forth m the amended policy, and declanng an effective date
The following resolution was considered
NO R2001-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AMENDING THE POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON
TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT
AGREEMENTS TO ALLOW WAIVER OF THE FIVE MILLION DOLLAR
THRESHOLD AND THE MAXIMUM TAX ABATEMENT PERCENTAGE TO
DEFINE PROFESSIONAL POSITIONS, TO MAKE OTHER CHANGES AS SET
FORTH IN THE AMENDED POLICY, AND DECLARING AN EFFECTIVE DATE
Young motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye",
Burroughs "aye", Cochran "nay", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed with a 6-1 vote
40 The Council considered approval of a resolution to declare the intent to reamburse
expenditures from the net contnbuted capital of the Water Fund w~th Revenue Bonds so that the
Lake Ray Roberts Water Treatment Plant may be commenced, and provide an effective date
The following resolution was considered
NO R2001~021
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM THE NET CONTRIBUTED CAPITAL OF THE WATER FUND WITH
REVENUE BONDS SO THAT THE LAKE RAY ROBERTS WATER TREATMENT
PLANT MAY BE COMMENCED, AND PROVIDE AN EFFECTIVE DATE
Burroughs motioned, Young seconded to approve the resolution On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed unammously
41 The Council considered adoption of an ordinance accepting competitive bids and
awarding a contract for the construction of the Lake Ray Roberts 20 mgd Water Treatment Plant,
C~ty of Denton C~ty Councd M~nutes
May 1, 2001
Page 12
prowd~ng for the expenditure of funds therefore, and prowd~ng an effective date (Bid 2612
awarded- total expenditure $35,895,257 00)
The following ordinance was considered
NO 2001-192
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE CONSTRUCTION OF THE LAKE RAY ROBERTS 20 MGD
WATER TREATMENT PLANT, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING AN EFFECTIVE DATE
Beasley motmned, Durrance seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Dttrrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed unammously
42 The Council considered approval of a resolution accepting the resignation of Howard
Martin and appointing T~mothy S F~sher as the C~ty's representative to serve as a member of the
Board olD,rectors of the Upper Tnmty Regmnal Water D~stnct, and prowd~ng an effective date
The following resolution was considered
NO R2001-022
A RESOLUTION ACCEPTING THE RESIGNATION OF HOWARD MARTIN AND
APPOINTING TIMOTHY S FISHER AS THE CITY'S REPRESENTATIVE TO
SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER
TRINITY REGIONAL WATER DISTRICT, AND PROVIDING AN EFFECTIVE
DATE
Knstoferson motioned, Burroughs seconded to approve the msolutmn On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and
Mayor Brock "aye" Motion camed unammously
43 The Council considered adoption of an ordinance amending Ordinance 94-183, and
Sectmn 2-29 of the C~ty of Denton Code relating to roles of procedure for the C~ty Council of the
C~ty of Denton, and all amending ordinances, and repeahng and consohdat~ng ordinances 76-48,
81-35, 90-026, 90-150, 92-115, 93-073, 94-183, 96-045, 96-057, 96-085, 96-257, 98-246, 98-
325, 98-415, 99-028, and 2000-420
The following ordinance was considered
NO 2001-193
AN ORDINANCE AMENDING ORDINANCE 94-183, AND SECTION 2-29 OF THE
CITY OF DENTON CODE RELATING TO RULES OF PROCEDURE FOR THE
CITY COUNCIL OF THE CITY OF DENTON, AND ALL AMENDING
ORDINANCES, AND REPEALING AND CONSOLIDATING ORDINANCES 76-48,
C~ty of Denton C~ty Council M~nutes
May 1, 2001
Page 13
81-35, 90-026, 90-150, 92-115, 93-073, 94-183, 96-045, 96-057, 96-085, 96-257, 98-246,
98-325, 98-415, 99-028, AND 2000-420
Burroughs motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Motion camed unammously
44 The Council considered appointments to the Racial Profihng Task Force
Council Member Burroughs appointed Peggy Fox
Mayor Pro Tern Beasley appointed Petnna Washington
Mayor Brock appointed Gary Mueller
Council Member Cochran appointed Juhs Bershell
Mayor Brock motioned, Durrance seconded to appointment Jorge Urb~na as chair of the
committee On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion canned unanimously
45 There were no nominations or appointments made to the C~ty's Boards and
Conmnsslons
46 New Business
The following ~tems of New Business were suggested by Counml Members for future agendas
A Counml Member Young asked for a consideration of the purchase land east of Mack
Park for future expansion
47 Items from the C~ty Manager
Interim City Manager Mart~n d~d have any ~tems for Counml
48 There was no contlnuat~on of Closed Meeting under Sections 551 071-551 086 of the
Texas Open Meetings Act
49 There was no official actmn on Closed Meeting Item(s) under Sectmns 551 071-551 086
of the Texas Open Meetings Act
W~th no further bus~ness, the meeting was adjourned at 12 15 p m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 8, 2001
After detenmmng that a quorum was present, the C~ty of Denton C~ty Councd convened ~n a
Regular Meeting on Tuesday, May 8, 2001 at 6 00 p m in the Counc;1 Chambers at C~ty Hall
Present Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran,
Durrance, Knstoferson and Young
ABSENT None
1 Pledge of Allegmnce
The Council and members of the audience recited the Pledge of Allegiance to the U S and Texas
flags
2 The Counml cons;dered adopt;on of an or&nance canvassing the returns and declanng
the results of the regular mummpal elect~on held m the C~ty of Denton Texas, on May 5, 2001,
and prowdmg an effect;ye date
The following ordinance was considered
NO 2001-194
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD 1N THE CITY OF
DENTON TEXAS, ON MAY 5, 2001, AND PROVIDING AN EFFECTIVE DATE
Young motaoned, Burroughs seconded to adopt the ord;nance On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor
Brock "aye" Mot;on camed unammously
3 The Council considered approval of a Resolution of Appreciation for Council Member
Carl Young
Beasley motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Brock "aye"
Mot;on camed unan;mously
4 Oath of Office adm;mstered to newly elected Councd Members
Jennifer Walters, C;ty Secretary, admm;stered the oath of office to Raymond Redmon, District
One, Jane Fulton, District Two, M~chael Phflhps, D~stnct Three, and Perry McNmll, D~stnct
Four
5 Electron of Mayor Pro Tem
Counml Member Burroughs nom;nated Rom Beasley for Mayor Pro Tem
Fulton motioned, McNe;II seconded to elect Rom Beasley as Mayor Pro Tem On roll vote,
Beasley "aye", Burroughs "aye", Fulton "aye", McNmll "aye", Ph~lhps "aye", Redmon "aye", and
Mayor Brock "aye" Motion camed unammously
City of Denton City Council Minutes
May 9, 2000
Page 2
Following completion of the regular meeting, the Council convened ~n the Work Session Room
to attend a reception hononng Cotmcll Member Carl Young
With no further business, the meeting was adjourned at 6 40 p m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 14, 2001
The City of Denton City Council convened in a Work Session on Monday, May 14, 2001 at 12
noon in the Council Work Session Room in City Hall
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Fulton,
McNefll, Phllhps, and Redmon
ABSENT None
1 The Council held a discussion regarding the Council Rules of Procedure
Mayor Brock reviewed the Council Rules of Procedure
Council thscussed the procedures of speaking dunng a work session Consensus of the Council
was to keep the discussions on an informal basis, allowing all to speak in tum but still allowing
for free flow of discussions If a problem developed later, Council would again address the
~ssue The work sessions would continue to be televised at th~s point m t~me
Ed Snyder, Deputy City Attorney, reviewed the procedure for reconslderaUon of Council items
and the defimtlon of a super majority vote
2 The Council received a report, held a discussion, and gave staff direct~on regarding
Council Committees
Mayor Brock suggested adding a Council transportation committee
Council would indicate their selection to the City Secretary and place the item on the next
agenda for consideration
3 The Council received a report, held a discussion, and gave staff direction regarding the
annual planning session to be held June 15 & 16, 2001, at the Marriott Solana in Westlake
Mayor Brock reviewed the details of the planmng session
Council Member Redmon suggested a topic of discussion relative to the perception that Denton
was anti-business
4 The Council received a report, held a discuss~on, and gave staff d~rectlon regarding the
possible submission of a recommendation for board positions for the North Central Texas
Council of Governments
Council Member McNefll recommended that Council Member Burroughs be nominated
Consensus of the Council was to have these meetings on a quarterly basis The next meeting
would be August 13th at noon
With no further business, the meeting was adjoumed at 1 50 p m
City of Denton City Council M~nutes
May 14, 2001
Page 2
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 15, 2001
After determlmng that a quorum was present, the C~ty of Denton C~ty Cotmcfi convened an a
Regular Meeting on Tuesday, May 15, 2001 at 6 00 p m m the Cotmml Chambers at Caty Hall
PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Fulton,
MeNefll, Phllhps and Redmon
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
PRESENTATIONS
2 Mayor Brock presented May Yard-of-the-Month awards to
Buster and Sarah Brown
Shela Franks, Paula Warren and Timothy Warren
Charhe Baty
Irdrk and Cindy Simmons
Charles and Penny Holbert
Howard, Beth and Nelson Palmer
Ramsgate Apartments
3 Mayor Brock presented a proclamation for Dr Charles H Saunders Day
4 Resolutions of Appreciation
A Council considered approval of a rasolutlon of appreciation for Ned Durrance
Redmon motioned, Beasley seconded to approve the resolutaon On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNelll "aye", Pbalhps "aye", Redmon "aye", and Mayor Brock
"aye" Motion camed unammously
B Cotmcll considered approval of a resolution of apprecmtlon for Mike Cochran
Phillips motioned, Beasley seconded to approve the resolution On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeffi "aye", Ph~lhps "aye", Redmon "aye", and Mayor Brock
"aye" Motion camed unammously
C Council considered approval of a resolution of apprecaatlon for Sandy
Knstoferson
McNelll motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNelll "aye", Plulhps "aye", Redmon "aye", and Mayor Brock
"aye" Motaon earned unammously
5 Mayor Brock presented recognition to Alternative Transportation Day Sponsors
City of Denton City Council M~nutes
May 15, 2001
Page 2
CITIZEN REPORTS
6 Bob Clifton regarding resurrection now
Mr Clifton presented ~nformatmn regarding fees that he felt were inappropriate He detmled
information regarding employee salaries that he felt were out of hne and too ~nflated The
citizens of Denton had to pay for those salaries
7 Carl Williams regarding board and commission appointments
Mr Williams expressed concern that he had been appointed to two boards and commissions by
former cotmcll members and he asked that all councd members consider appointing African-
Americans to boards and commissions and not just have District One appoint African-
Americans
8 Ross Melton regarding liberty for individuals and corporations plus the new council and
lawyers
Mr Melton stated that government should provide services only when citizens are not able to
provide the servmes themselves He felt that the city did not operate openly and had secret
meetings
CONSENT AGENDA
Council Member Redmon requested that Item #15 be pulled for separate consideration
Burroughs motioned, McNedl seconded to approve the Consent Agenda except for Item #15 On
roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Ptulhps "aye", Redmon
"aye", and Mayor Brock "aye" Motion earned unanimously
Item # 15
Council Member Redmon indicated that he had concerns about the MLK lighting project and the
funding of the project He requested postponing consideration until an englneenng study was
done regardmg the hghtlng project and continue to add sidewalks to the Fred Moore Park
Council discussed the pros and cons of delaying the lighting project in favor of the s~dewalk
project
Burroughs motioned, Beasley seconded to approve the funding allocation list and that prior to
the expenditure of funds for the MLK hght~ng project the item would be brought back to council
with results of an englneenng study regarding the lighting and what port~on of the sidewalks
could be done On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye",
Plulhps "aye", Redmon "aye", and Mayor Breck "aye" Motion earned unanimously
C~ty of Denton City Council M~nutes
May 15, 2001
Page 3
9 NO 2001-195
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND THE
DELINQUENT TAX ATTORNEY CONTRACT WITH THE LAW FIRM OF
LINEBARGER, HEARD, GOOGAN, BLAIR, GRAHAM, PENA & SAMPSON, L L P,
AND THE LAW FIRM OF GREGORY & BRADSHAW, P C FOR AN ADDITIONAL
ONE YEAR TERM ENDING ON JUNE 30, 2002, AUTHORIZING THE CITY
MANAGER TO GIVE WRITTEN NOTICE TO THE FIRM OF ITS DESIRE TO
EXTEND THIS CONTRACT, AUTHORIZING THE EXPENDITURE OF FUNDS,
AND PROVIDING AN EFFECTiVE DATE
10 NO 2001-196
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE A FIRST AMENDMENT TO THE 1NTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON
INDEPENDENT SCHOOL DISTRICT FOR THE IMPLEMENTATION OF A WIDE-
AREA NETWORK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
AND PROVIDING AN EFFECTIVE DATE
11 NO 2001-197
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE
TO THE CONTRACT BETWEEN THE CITY OF DENTON AND GOVERNMENT
CAPITAL CORPORATION, PROVIDING FOR AN INCREASE IN THE LEASE
PERIOD, AN INCREASE IN THE AMOUNT OF FINANCING CHARGES, AND A
REVISION TO THE ANNUAL LEASE PURCHASE PAYMENTS SCHEDULE,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND
PROVIDING AN EFFECTIVE DATE (FILE 2665 - LEASE PURCHASE FINANCING
OF 13 REFUSE TRUCKS AWARDED TO GOVERNMENT CAPITAL
CORPORATION AT A FINANCING COST OF $88,678 44, (ORDINANCE 2001-123)
AND CHANGE ORDER ONE IN THE AMOUNT OF $110,387 80, FOR A TOTAL
FINANCING CHARGE OF $199,066 30)
12 NO 2001-198
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH JAMES R KIRKPATRICK
ARCHITECT FOR THE DESIGN OF THE CENTRAL FIRE STATION AS SET
FORTH IN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA
2579 - PROFESSIONAL SERVICES AGREEMENT FOR CONVERSION OF BELL
STREET POWER PLANT TO CENTRAL FIRE STATION AWARDED TO JAMES R
KIRKPATRICK, ARCHITECT, IN THE AMOUNT OF $240,000 00 AND NOT-TO-
EXCEED (NTE) $10,000 00 FOR REIMBURSABLE EXPENSES)
C~ty of Denton C~ty Council Minutes
May 15, 2001
Page 4
13 NO R2001-023
A RESOLUTION OF THE CITY COUNCIL SUPPORTING THE PERSONAL USE OF
BICYCLES CHECKED-OUT TO EMPLOYEES UNDER THE AUSPICES OF THE
CITY OF DENTON EMPLOYEE BIKE CHECKOUT PROGRAM, AND DECLARING
AN EFFECTIVE DATE
14 NO 2001-199
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND ELIZABETH DUNBAR RELATING TO THE PURCHASE
OF APPROXIMATELY 0 16 ACRES OF LAND BEING LOT 9, BLOCK 4 OF THE
SOLOMON HILL ADDITION NO 3 AN ADDITION TO THE CITY OF DENTON,
LOCATED IN THE H CISCO SURVEY, ABSTRACT NO 1184, FOR USE AS A
PHOENIX PARK EXPANSION SITE, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
15 NO R2001-024
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT A 2001 ACTION PLAN FOR HOUSING AND
COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS
AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL
AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING FOR
AN EFFECTIVE DATE
16 NO 2001-200
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
PROVISIONS OF CHAPTER 26 RELATING TO UTILITIES BY AMENDING
SECTIONS 26-1, 26-3, 26-4, 26-5, 26-6, 26-8, 26-9, 26-10 AND 26-37, FURTHER
PROVIDING FOR AMENDMENTS TO SECTIONS 26-100, 26-104, 26-128, 26-153,
26-154, 26-155, 26-157, 26-158, 26-160, 26-161, 26-171, 26-177, 26-186, 26-187, 26-
188, 26-189, 26-190, 26-191, 26-201, 26-202, 26-203, 26-204, 26-205, 26-206, 26-207,
26-227, 26-233 AND 26-234 IN ORDER TO REFLECT CURRENT
ORGANIZATIONAL STATUS REGARDING THE ASSISTANT CITY MANAGER -
UTILITIES, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING A
REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF SECTION 26-233
AND/OR SECTION 26-234, AS APPLICABLE, ESTABLISHING A SUNSET
PROVISION, AND PROVIDING FOR AN EFFECTIVE DATE AS TO THE
REMAINING PROVISIONS
Cxty of Denton C~ty Council Minutes
May 15, 2001
Page 5
PUBLIC ItEARINGS
17 The Council held a pubhc heanng and considered adoptmn of an orthnance approwng the
amendment of a Detailed Plan, commonly known as 3901 Montec~to Road, ~n Planned
Development 22 (PD-22) zomng district The property was located at the southwest corner of Ryan
Road and Montec~to Road Residential duplex development for semor housmg was proposed The
Planmng and Zomg Commlsslon recommended approval (6-0) with conchtmns (Z-OI-O001, Lake
Forest Good Samarttan Amended Detailed Plan)
Doug Powell, D~rector of Planmng and Development, stated that ttus ordinance would allow for 27
duplexes mstend of townhomes The proposal was not subject to the ~ntenm regulations The
Planmng and Zomng Commission had placed a condition that the development could only serve
residents 62 years of age and older
The Mayor opened the pubhc heanng
No one spoke during the public heanng
The Mayor closed the pubhc heanng
The following ordinance was considered
NO 2001-201
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE
NO 81-50, TO PROVIDE FOR A DETAILED PLAN FOR 3 4 ACRES LOCATED
WITHIN THE PLANNED DEVELOPMENT 22 (PD-22) ZONING DISTRICT AND
LAND USE CLASSIFICATION TO PROVIDE FOR A SENIOR CITIZEN DUPLEX
DEVELOPMENT, THE SUBJECT PROPERTY BEING LOCATED AT THE
SOUTHWEST CORNER OF RYAN ROAD AND MONTECITO ROAD IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS, 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-01-0001)
Burroughs mohoned, McNefll seconded to adopt the ordinance w~th the conditions
recommended by the Planmng and Zomng Comm~ssmn On roll vote, Beasley "aye", Burroughs
"aye", Fulton "aye", McNefll "aye", Ptulhps "aye", Redmon "aye", and Mayor Brock "aye"
Motion carned unammously
18 The Council held the second of two public heanngs regarding a proposed voluntary
annexation of approximately 77 5 acres of land located north of Loop 288, east of Stuart Road and
west of Sherman Drive ~n the extratemtonal junsdmt~on of the C~ty of Denton, Texas (A-OI-O001,
Denton ISD)
Doug Powell, Director of Planning and Development, stated that th~s was a voluntary annexation
by the DISD The C~ty was also revolved ~n a joint venture w~th a natatorium at the me
C~ty of Denton C~ty Cotmcd M~nutes
May 15, 2001
Page 6
The Mayor opened the pubhc heanng
No one spoke dunng the pubhc hearing
The Mayor closed the pubhc heanng
ITEMS FOR INDIVIDUAL CONSIDERATION
19 The Council considered approval of a resolutmn estabhsh~ng the maximum rates that
Charter Commtmmataons may charge its Denton cable telewsmn subscribers for the basic service
t~er, changing tiers, and associated eqmpment, estabhsh~ng a maximum hourly servme charge,
prowd~ng a severabfl~ty clause, and prowdmg an effective date
John Cabrales, Pubhc Informatmn Officer, stated that the resolution would approve the
maximum rates that Charter could charge ~ts Denton cable telews~on subscribers for basra
service t~er, changing t~ers, and assocmted eqmpment and would estabhsh a maximum hourly
servme charge
Councd Member Burroughs asked what was the end result of the rates estabhshed last year
Cabrales stated that Charter d~d not have a problem w~th the rates last year and d~d not appeal
them to the FCC
Council Member Redmon noted that the commtm~ty aspect of the televising had been lost as the
rates from Charter ~ncreased
The D~stnct Manager of Charter ~ndmated that she had heard the message that Denton would hke
more local programming
Mayor Pro Tem Beasley pointed out that there were other rates in the cable servme that the C~ty
was not able to regulate
The following resolution was considered
NO R2001-025
A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT CHARTER
COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION
SUBSCRIBERS FOR THE BASIC SERVICE TIER, CHANGiNG TIERS, AND
ASSOCIATED EQUIPMENT, ESTABLISHING A MAXIMUM HOURLY SERVICE
CHARGE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE
Burroughs motioned, Redmon seconded to approve the resolution as recommended by the
consultant On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Plnlhps
"aye", Redmon "aye", and Mayor Brock "aye" Motion camed unanimously
City of Denton City Council Minutes
May 15, 2001
Page 7
20 The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the Mayor to execute an anterlocal agreement by and between the City of Denton,
Texas and the Denton Independent School District pertalmng to the construction, maintenance,
and operation of an Aquatic Center, anthonzmg the expenditure of funds therefor, and prowdmg
an effective date
Janet Simpson, Assistant Director of Parks and Recreation, stated that an January 2000, the
voters approved a bond program to fund an outdoor aquatic center as dad the DISD for an indoor
natatorium The City and DISD worked together to develop a program to jointly fund and build
an Indoor and outdoor aquatic/natatorium center The ordinance related only to the design and
construction of the facahty and d~d not deal with the operation, etc of the center
The following ordinance was considered
NO 2001-202
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF DENTON, TEXAS AND THE DENTON INDEPENDENT SCHOOL
DISTRICT PERTAINING TO THE CONSTRUCTION, MAINTENANCE, AND
OPERATION OF AN AQUATIC CENTER, AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNelll "aye", Ptnthps "aye", Redmon "aye", and Mayor Brock
"aye" Motion earned unammously
21 The Council considered adoption of an ordinance amending an ordinance authorizing the
issuance of City of Denton, Texas Utility System Revenue Refunding Bonds, Series 1983 and
other ordinances relating to the City's utility system revenue bonds, providing an effective date
Kathy DuBose, Assistant C~ty Manager for Finance, stated that this ordinance would amend the
current utility bond ordinances to better position the electric utility for deregulation
The following ordinance was considered
NO 2001-203
AN ORDINANCE AMENDING AN ORDINANCE AUTHORIZING THE ISSUANCE
OF CITY OF DENTON, TEXAS UTILITY SYSTEM REVENUE REFUNDING
BONDS, SERIES 1983 AND OTHER ORDINANCES RELATING TO THE CITY'S
UTILITY SYSTEM REVENUE BONDS, PROVIDING AN EFFECTIVE DATE
Burroughs motioned, McNeill seconded to adopt the ordinance On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNefll "aye", Ptullips "aye", Redmon "aye", and Mayor Brock
"aye" Motion earned unammously
C~ty ofDanton C~ty Council M~nutes
May 15, 2001
Page 8
22 The Cotmc~l considered and took action on an exaction variance fi.om Section 34-114(5)b of
the Code of Ordinance, concermng Improvements to ex~stmg per~meter pawng for Spencer Road
Addition The 9 9-acre s~te was located approximately 450 feet east of the intersection of Woodrow
Lane and Spencer Road The property was m a Light Industnal (LI) zomng d~stnct A DME
electrical substation was proposed The Planmng and Zomng Commission recommended approval
(4-1) w~th contht~ons (7"-Ol-O012, Spencer Road Ad&tton)
Doug Powell, D~rector of Planmng and Development, stated that th~s variance dealt with
penmeter pawng If was felt that no ~mprovements were necessary as the proposal would not
add uses but merely move uses from an adjolmng s~te
Council Member McNe~ll asked ffan industrial finn w~th same type of uses requested the
variance would the staffmake the same recommendation
Powell stated yes and that a s~nnlar request had been approved for the Peterbilt expansion
Beasley motioned, Burroughs seconded to consider Items #22 and #23 w~th one motion and to
grant the requested variances w~th the conditions recommended by the Planning and Zoning
Comnnss~on On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNe~ll "aye", Ph~lhps
"aye", Redmon "aye", and Mayor Brock "aye" Motion carned unammously
23 The Council considered and took action on an exaction variance from Section 34-114(17)
of the Code of Ordinance, concermng s~dewalks for Spencer Road Addition The 9 9-acre s~te
was located approximately 450 feet east of the intersection of Woodrow Lane and Spencer Road
The property was m a L~ght Industnal (LI) zomng d~stnct A DME electrical substation ~s
proposed The Plannmg and Zoning Conumss~on recommended approval (4-1) w~th conditions
(V-O I-O011, Spencer Road Addttton)
Th~s ~tem was considered w~th Item #22
24 The Council considered approval of a resolution for a ProJect Plan for approximately 1 82
acres, m a Commercial conditioned (C[c]21) zomng d~stnct, generally located on the southeast s~de
of Loop 288, less than 800 feet south of Spencer Road Two retail bmld~ngs w~th related s~te
~mprovements were proposed (SP-Ol-OOO7, DentonRetad-l{'al-MartOut-ParceO
Doug Powell, D~rector of Planmng and Development, stated that th~s s~te plan was under the ~ntenm
regulations All the techmcal requirements of a project plan were addressed and the plan met the
mlmmttm reqmrements ofc~ty codes Staffwas recommending against allowing the curb cut onto
Loop 288, as the precedent was to hnnt the number of such access pomts
The following Individuals spoke regarding the ~ssue
Robert Suarez, P O Box 292102, Lew~swlle, 75077 - favor
Todd Blackwell, 1501 Mernmac, Fort Worth, 76107 - favor
Ab~gml Moorad~an, 7291 Glenwew Drive, Fort Worth, 76180 - favor
Jay Hedges, 409 West V~ckery Blvd Fort Worth, 76104 - favor
Ken Conway, 5701 Rockport Lane, Fort Worth, 76137 - favor
Ralph Isenberg, 1005 W Jefferson, Dallas, 75208 - approve plan w~thout curb cut
City of Denton City Council Minutes
May 15, 2001
Page 9
Mayor Brock m&cated a Speaker Card had been submitted from Bob Clifton
Council Member McNedl stated that the Traffic Safety Commission had recommended 5-1 to allow
the curb cut He felt there was no evidence to not follow that recommendation
The follow~ng resolution was considered
NO R2001-026
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A
NONRESIDENTIAL PROJECT PLAN LOCATED WITHIN A COMMERCIAL
CONDITIONED (C[c]21) DISTRICT, BEING AN APPROXIMATE 1 82 ACRE SITE
LOCATED ON THE SOUTHEAST SIDE OF LOOP 288, LESS THAN 800 FEET
SOUTH OF SPENCER ROAD IN THE CITY OF DENTON, TEXAS, AND PROVIDING
FOR AN EFFECTIVE DATE (SP-01-0007, DENTON RETAIL-WALMART
OUTPARCEL)
Phillips motioned, Redmon seconded to adopt the resolution with the developer's proposal of a
curb cut On roll vote, Beasley "nay", Burroughs "aye", Fulton "aye", McNefll "aye", Pbalhps
"aye", Redmon "aye", and Mayor Brock '~tay" Motion camed with a 5-2 vote
25 The Council considered adoption of an ordinance on first reading to involuntarily annex
approximately 46 acres of land in the eastern section of the City of Denton Extratemtonal
Junsdmtion (ETJ) The site was generally located on the south side of Blagg Road, approximately
1000' west of Lakeview Boulevard (,4-OJ-O002, BlaggRoadAnnexaaonArea)
Doug Powell, Director of Planmng and Development, stated that this involuntary annexation was on
the south side of Blagg Road The schedule of armexatlon was included in the agenda materials
The Planning and Zomng Commission recommended approval 7-0 with agricultural zomng
Beasley motioned, Burroughs seconded to approve the annexation On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNedl "aye", Ptulhps "aye", Redmon "aye", and Mayor Brock
"aye" Motion camed unammously
26 The Council considered nominations and appointments to the City's Boards and
ComnllSSlOnS
Mayor Pro Tem Beasley nominated Harry Phllhps to the Traffic Safety Commission
Council Member Phillips nominated Donald White, Sr to the Public Utilities Board
Council Member Burroughs nominated Joe Mulroy to the Planning and Zoning Commission
Council Member Redmon nominated Lucretia Jones to the Library Board
City of Denton City Cotmcfl Minutes
May 15, 2001
Page 10
27 New Business
The following items of New Business were suggested by Council Members for future agendas
A Council Member Burroughs requested a summary of top staff salaries compared
to other cities
B Council Member Fulton requested a numbers comparison (number of employees)
compared to other cities
C Cotmcfl Member McNefll requested a work session Item to review of Ordinance
83-54
D Council Member Redmon requested a three year reference for budget numbers
28 Items from the City Manager
City Manager Conduffremlnded the Council of the DISD hmcheon on Wednesday
29 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the
Texas Open Meetings Act
30 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086
of the Texas Open Meetings Act
Following the completion of the Regular Meeting, the Council convened in a Work Session in
the Council Work Session Room
1 Presentation by legal counsel and discussion of initial assessment regarding need to
redistrict based on 2000 Census data and discussion of and possible action to adopt criteria to
govern redistricting process, development of redistricting plans, and redistricting meeting
schedule
Alan Bojorquez presented an update on the initial assessment considenng the 2000 census data
He reviewed that redmtnctlng was based on one person - one vote Census data was available on
a block level, total population, voting age population, race, and Hlspamc ongm Legal standards
indicated that the one person-one vote could not be retrogressive The Council needed to
consider adopting redistricting criteria that would Include identifiable boundaries, mmntam
commumtles of interest and neighborhoods, use whole voting precincts, base a plan on ex~st~ng
precincts, adopt precincts of relatively equal s~ze, draw precincts that were compact and
contiguous, keep existing commissioners m their precincts, and narrowly tailor a plan to comply
with the Voting Pdghts Act A proposed timeline indicated adoption of the final plan around
August He also suggested that Council adopt guidelines for redistricting plans from other
interested parties that included a written plan, Indicated total population and voting age
population for minorities per district, must redistrict the entire city, and had to conform to the
approved criteria He encouraged pubhclty regarding the redistricting and encouraged
participation with meeting notices, news media, letters, personal invitations, and a log of calls
City of Denton City Councal Minutes
May 15, 2001
Page 11
received Public heanngs would be held and a summary of pubhc comments made He
revaewed the prehmmary demographic report as noted in the agenda materials
Council Member Burroughs asked about criteria to antlcapate shifts in populataon growth and
accommodate that growth with the lines
Bojorquez stated that a few areas could be under populated to antacapate new growth as long as
the deviation stayed wathm 10%
The following resolution was considered
NO R2001-027
A RESOLUTION OF THE CITY COUNCIL ADOPTING CRITERIA FOR USE IN
REDISTRICTING 2001 PROCESS, AND PROVIDING AN EFFECTIVE DATE
Fulton motioned, McNeall seconded to approve the resolution with an amendment to Incorporate
the appropriate terms to conform to c~ty standards On roll vote, Beasley "aye", Burroughs "aye",
Fulton "aye", MeNeill "aye", Pballaps "aye", Redmon "aye", and Mayor Brock "aye" Motaon
earned unammously
The following resolution was considered
NO R2001-028
A RESOLUTION ESTABLISHING GUIDELINES FOR PERSONS SUBMITTING
SPECIFIC REDISTRICTING PROPOSALS, AND PROVIDING AN EFFECTIVE
DATE
Beasley motaoned, Burroughs seconded to approve the resolution wath a date of July l, 2001 for
a deadlane of proposals and August 1, 2001 for adoptaon of a plan by councal and to ancorporate
the appropriate terms to conform to caty standards On roll vote, Beasley "aye", Burroughs "aye",
Fulton "aye", McNelll "aye", Phallaps "aye", Redmon "aye", and Mayor Brock "aye" Motion
earned unammously
2 The Council received a report, held a dlscussaon, and gave staff dareetion regarding
responses to the Caty's curbs~de recychng and multa-famaly recycling collection bid solicitation
Howard Martin, Assistant C~ty Manager for Utilities, stated that bids were receaved on Apnl 5th
with four blddgrs responding The City would need to gave those badders an Indication by June
5th in order to began the project as proposed Staff was not recommending the bad portion
dealang wath multi-family at this time as It needed more work
Mayor Brock expressed a concern wath separatang the bad on multi-famaly collection, as the
economy of scale might not be as great as wath the entare package
Martin stated that the bids were not contingent on multa-famlly collection The results of the
survey would be presented to Council In the near future for consaderatlon
C~ty of Denton C~ty Council Minutes
May 15, 2001
Page 12
Consensus of the Cotmcfl was to proceed
W~th no further business, the meeting was adjourned at 11 00 p m
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 16, 2001
Joint Meetmg of the C~ty of Denton C~ty Councd and the Denton Independent School D~stnct
Board of Trustees on Wednesday, May 16, 2001 at 12 noon ~n the Board Room at the DISD
Central Sexv~ces Bmldmg, 1307 N Locust, Denton, Texas
PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Fulton,
McNeil1, Phillips, and Redmon
ABSENT None
I Mayor Brock called the meeting to order, announced a quorum of cotmcll was present
and introduced new counc~l and staffmembers
2 The Council received a report and held a d~scuss~on regarding an update on the
natatorium/aquatic center
Gene S~sk, DISD, presented an update on those participating ~n the project and the t~me hne for
development
Janet S~mpson, Assistant D~rector of Parks and Recreation, stated that the C~ty and DISD were in
the process of approwng an mterlocal agreement for the design and construction of the project
Operation and usage would be addressed at a later date
The consultant for the project rewewed the details of the design and layout of the proposal
3 The Cotmc~l received a report and held a d~scuss~on regarding an update on the Wayne
Stewart Ryan Elementary School
Jerry Clark, Assistant D~rector of Ut~hty F~eld Services, stated that the s~dewalks would be for
the no bus students hwng near the school There were some problems w~th the sidewalks as
port~ons of Ryan had no curb/gutters w~th deep d~tches Clark presented the pros and cons of
placing the s~dewalks on the north or south s~de of the street The north s~de was a better
s~tuat~on for the s~dewalks
Gene Holloway, DISD, stated that interim busing would be provided for the walking students
unt~l the s~dewalks were completed
4 The Council received a report and held a d~scuss~on regarding rews~ons to the tax
abatement pohcy
Llnda Ratllff, D~rector of Commumty Development, reviewed the h~story of the development of
the tax abatement pohcy
5 The Council received a report and held a d~scuss~on regarding an update on the Clear
Creek Natural Heritage Center
C~ty of Denton C~ty Council Manutes
May 16, 2001
Page 2
Juhe Smith, Enwronmental comphance Officer, presented background ~nformat~on on the
project
Wflh no further business, the meeting was adjourned at 1 30 p tn
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 22, 2001
After detenmmng that a quorum was present and convening in an Open Meeting, the City
Council convened m a Closed Meeting on Tuesday, May 22, 2001 at 5 15 p m m the City of
Denton Council Work Session Room
PRESENT Mayor Pro Tem Beasley, Council Members Burroughs, Fulton, MeNelll, Phillips,
and Redmon
ABSENT Mayor Brock
1 The Council considered the following m Closed Meeting
A Consultation w~th Attorney - Under TEXAS GOVERNMENT CODE Section
551 071
1 The Council received legal advme from the City Attorney regarding the
awards of special commissioners and procedural options in condemnation
proceedings styled The State of Texas and Ctty of Denton Texas vs R D
Marttn, Cause No ED-2000-01212 and The State of Texas and Ctty of
Denton, Texas vs Tex Morgan Marttn, Cause No ED-2000-01211
pending m the Probate Court of Denton County, Texas
Special Called Sesmon of the City of Denton City Council on Tuesday, May 22, 2001 at 6 00
p m ~n the Council Chambers at C~ty Hall
1 The Council held the first of two pubhc heanngs to consider the involuntary annexation
and service plan for approximately 2,226 acres of land generally located south of FM 2449, west
ofi-35 West, north of Robson Ranch Road and partially west of the Robson Ranch Development
and John Prone Road ~n the extratemtonal jurisdiction (ETJ) of the City of Denton (/i-01-0005,
Hunter Ranch Annexatton)
Dave Hill, Assmtant City Manager for Development Services, stated that the staff had received
one response regarthng the pubhc heanng This was the first pubbc heanng regarding this
annexation The schedule for annexation was included in the back-up materials The Council
would have to decide whether to ~nclude two other parcels in the armexatlon that would make the
annexation hne continuous and complete
The Mayor Pro Tern opened the pubhc heanng
Ike Shupe, 1717 Main Street, Suite 2800, Dallas, 75201, spoke in opposition to the annexation
He requested a delay in the annexation for 90-100 days ~n order to drill a preliminary well to
determine lfgas was ~n the area If there were no gas, the annexation would not be necessary If
there were ~gas in the area, he would proceed w~th the annexation
R C and Geha Coleman presented a speaker card with their concerns
Council Member Burroughs asked if Mr Shupe would be w~lhng to formahze an agreement
supporting what he was requesting at this meeting
City of Denton C~ty Council M~nutes
May 22, 2001
Page 2
Shupe rephed correct
Hill stated that staff and the developer could meet to work on a t~me schedule for annexation that
would incorporate the suggestion by Mr Shupe
Consensus of Council was to proceed w~th an extended schedule for annexatmn w~th staff and
the developer working on the detatls of the schedule
2 The Council considered appointments to C~ty Council Committees
Ph~lhps motioned, Redmon seconded to suspend the roles to consider expanding the Agenda
Committee membership to allow for an additional mty council member On roll vote, Beasley
"aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phllhps "aye", and Redmon "aye" Motion
earned unammously
McNelll motioned, Phflhps seconded to appoint Counml Members Burroughs and Redmon to the
Agenda Committee along with the Mayor and C~ty Manager On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNelll "aye", Plulhps "aye", and Redmon "aye" Motmn camed
unanimously
Followmg~ d~scusslon, the Council made appointments to the Council Committees as noted in
Attachment A
Following,the completion of the Spemal Called Sesmon, the C~ty Council convened ~nto a Work
Session ~n ,the Work Session Room to consider the following
1 The Council received a report, held a dmcuss~on, and gave staff d~rection regarding an
ordinance amending Chapter 24, entitled "Sohd Waste", of the Code of Ordinances of the C~ty of
Denton, Texas, by amending Section 24-2 entitled "Defimt~ons", amending Section 24-42
entitled "Charges for Resadent~al Servme", adding Section 24-43 entitled "Automated
Collect~on~', prowd~ng a penalty ~n the amount of $2,000 for wolatlons thereof, prowd~ng for a
sawngs clause, promdlng for a severabfi~ty clause, and prowthng an effective date
Howard Mart~n, Assistant C~ty Manager of Utilities, stated that the Pubhc Ut~ht~es Board had
approved the proposed ordinance and the Councd had reviewed ~t and recommended changes
On May 7, the PUB rewewed and approved the rewsed ordinance He stated that staff wanted
d~rectmn from the Council whether to proceed w~th the proposed ordinance The proposed
ordinance ~ncluded the following changes the automated contmner would be assigned to the
street address, the containers would be the property of the C~ty and mmntmned by the customer
w~thout damage, all waste must be bagged prior to placement ~n the contmner, the earhest
placement at the curb would be 6 00 p m prior to the date of service w~th removal from curb by
8 00 a m following the day of collection, stolen contmners were to be reported to both the Pohce
Department and Sohd Waste, contmner hds were to be kept closed at all times and no items were
to be placed on top of containers, additional contmners were available for heavier waste volume
customers, lonly C~ty of Denton authorized contmners would be serviced, and there would be no
pick up of additional waste outside the contmner The proposed ordinance also estabhshed
dehvery fees for the delivery of replacement containers and sohd waste res~dential service may
be discontinued ffthe customer elected to not pay h~s bill
City of Denton C~ty Council M~nutes
May 22, 2001
Page 3
The Council recommended proceeding with the proposed ordinance
2 The Council received a report, held a discussion, and gave staff direction regarding
prelimma~ findings of the commumty recychng survey conducted for the City by the Survey
Research Center at the University of North Texas
Howard Martin, Assistant C~ty Manager of Ut~llt~es, rewewed the results of the survey He
stated that the Pubhc Utlhties Board felt the survey was too narrow in scope and did not
adequately cover the opimons of Denton's population
Council Member Redmon asked about recychng appliances and perhaps placing a local
businessman on the committee
Martin stated that the City had a contract w~th a vendor who recycled appliances
Council Member McNefll wanted to know what was the Public Utilities Board's opinion on
curbs~de recycling
Martin stated that the Public Utilities Board did not think this was cost prohibitive for the City at
this time
Council Member Fulton asked how much ~t cost the City to recycle
Martin stated that the C~ty recycled about 3500 tons per year at a cost of $138 per ton
Council Member Fulton stated that the C~ty needed to decide if it wanted to be a City that
recycled or not
General consensus of the Council was to keep the recycling b~d on the agenda for June 5 but also
check on an extension on the curbs~de recychng b~d and receive more information about the cost
Impact to the C~ty
Council Member Redmon asked about the possibility of doing a different survey with more
realistic figures regarding the cost to the City
3 The Council received a report, held a discussion and gave staff direction regarding a
proposed t~mehne for Board/Conumss~on appointments
Betty Wllhams, D~rector of Management and Public Information, briefed the Council on the
t~meline
Mayor Pro Tem Beasley suggested Including Information on the Boards and Commissions as an
insert in the utihty bills next year
Consensus of the council was to proceed with the timeline as proposed
C~ty of Denton Csty Council Minutes
May 22, 2001
Page 4
4 The Cotmcll reeesved a report, held a discussion, and gave staff direction regarding
optsons to smtmte a zomng case to e~ther amend the exmt~ng Specffic Use Permit (Ordinance No
83-54) or issue a new Specific Use Penmt for a mobde home park known as Center Posnt Mobile
Home Commumty located on Fort Worth Drive south ofi-35
Dave Hill, Assistant C~ty Manager of Development Servmes, asked the Council for d~rect~on on
th~s stem The current Spemfic Use Penmt was for the addition to the mobile home park
Ed Snyder, Deputy C~ty Attorney, stated that the ordinance could not just be amended A new
zomng case would have to be ~mtlated
Hall stated ff the Council wanted to recogmze the entire p~ece of property under the SUP, ~t
would be better for the property owner to have the C~ty ~mt~ate the zomng process
Consensus of the Council was to talk w~th Mr Cassar to determsne how he would hke to proceed
before the C~ty ~mtmted the zomng process If the C~ty ~mtmted the zomng process, all fees
would be wmved
5 New Business
The following stems of New Bumness were suggested by Councd for future agendas
A Council Member Ph~lhps asked for a special called meeting to appoint new board
appointees and a closed meeting to d~scuss the sale of electric generatmn
Council Member Redmon asked ~f the closed meeting could snclude the consultant
Council Member MeNefll asked for a recommendatson from the PUB sf avmlable
6 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the
Texas Open Meetings Act
7 There was no officml actson on Closed Meeting Item(s) under Sections 551 071-551 086
of the Texas Open Meetings Act
With no further bus~ness, the meeting was adjourned at 8 57 p m
RONI BEASLEY, MAYOR PRO TEM
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
Attachment A
CTTV COTTNCTT, (~OMMITTF, F,~ ~01 ~02
Mayor Brock
C~ M~ag~ ConduC
Co~cfl M~ber B~ou~
Co~cfl ~b~ Re.on
AI IDIT
Mayor Brock
Co~cfl M~b~ P~lhps
]~T~,NT POI ,ICV COM~TT~E
Mayor Brock
Mayor Pro Tem Be~ley
Mayor Brock
Co.cfi Mem~ Mc~efll
Co~cfl M~b~ Re.on
COM~INITV .H~CE COUNCIL
Co.cfi Memb~ Re.on
I,AKE RAV RORERT~ P & Z
Mayor Pro T~ Beasley
C~NW, NTION ~ VIRIT~R~ RUREAU
Ma~or Pro Tern Beasley
Council Member Fulton
.IOINT T~X ARAT~MENT C~MMITTEE
Council Member Phflhps
Council M~mber McCad1
~NVIRONM~NTAI, COMMITTEE
Council Member FuRon
Council M~ber MeNefll
Council Memb~ P~lhps
Mayor Br~ck
DAI ,I,A~,REGIONAI, MORII,I~ COAl JTION
Co~cfl M~ber B~oughs
REGIONAl, TRANSPORTATION COUNCIl,
Council M~ber B~ou~s
~OIJNCII, MORII,I~ COMMITT~
Co.cfi M~ber B~ou~s
Mayor Pro Tem Be~ley
Councd Member McNefll
CITY OF DENTON CITY COUNCIL MINUTES
May 29, 2001
After determining that a quorum was present the C~ty Council convened ~n a Spemal Called
Meeting on Tuesday, May 29, 2001 at 6 00 p m m the Council Work Session Room
PRESENT Mayor Pro Tem Beasley, Council Members Burroughs, Fulton, McNe~ll, Phdhps,
and Redmon
AB SENT Mayor Brock
1 The Council considered and took action on Board and Comm~ssmn nominations and
appmntments
Councd voted on the following nominations
Harry Phflhps to the Traffic Safety Commission On roll vote, Beasley "aye", Burroughs "aye",
Fulton "aye", McNedl "aye", Plulhps "aye", and Redmon "aye" Motion camed unammously
Don White, Sr to the Pubhc Utilities Board On roll vote, Beasley "nay", Burroughs "aye",
Fulton "aye", McNefll "aye", Plulhps "aye", and Redmon "aye" Mot~oncamedw~tha5-1 vote
Joe Mulroy to the Planmng and Zomng Commission On roll vote, Beasley "aye", Burroughs
"aye", Fulton "aye", McNefll "aye", Ptulhps "aye", and Redmon "aye" Motion earned
unammously
Lucretia Jones to the Lthrary Board On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye",
McNe~ll "aye", Ph~lhps "aye", and Redmon "aye" Motmn camed unanimously
2 The Council considered adoption of an ordinance amending Ordinance 2001-193 to
amend Section 6 1 of the Rules of Procedure to ~ncrease the number of councd appointees to the
Agenda committee, to correct a reference to a statute ~n Section 4 2 of the ordinance, prowdlng a
sawng clause, prowd~ng for retroactive effect, and prowd~ng an effective date
The following ordinance was considered
NO 2001-204
AN ORDINANCE AMENDING ORDINANCE 2001-193 TO AMEND SECTION 6 1
OF THE RULES OF PROCEDURE TO INCREASE THE NUMBER OF COUNCIL
APPOINTEES TO THE AGENDA COMMITTEE, TO CORRECT A REFERENCE TO
A STATUTE IN SECTION 4 2 OF THE ORDINANCE, PROVIDiNG A SAViNG
CLAUSE, PROVIDING FOR RETROACTIVE EFFECT, AND PROVIDING AN
EFFECTIVE DATE
McNmll motioned, Redmon seconded to adopt the ordinance
Council Member Burroughs suggested a friendly amendment to change the wording to "up to
two" councd members on the committee so that future councds would not be reqmred to have
two additional members Council Members McNe~II and Redmon agreed with the amendment
On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefil "aye", Phillips "aye", and
Redmon "aye" Motion camed unammously
C~ty of Denton Clty Council Minutes
May 29, 2001
Page 2
Following the completion of the Special Called Meeting, the Council convened in a Closed
Meeting to consider the following
1 Closed Meeting
A Deliberations Regarding Certmn Pubhc Power Utthtles Competitive Matters ---
Under TEX GOV'T CODE Sectaon 551 086 **Consultation with Attorney ---
Under TEX GOV'T CODE Section 551 071
1 Received competitive elecmc market ~nformatlon and directed
questions to potential purchasers, discussed and dehberated the same Received a
confidentml competitive electric utlhty presentation and received competitive
electric market Information from Staff and C~ty's consultants, d~scussed and
dehberated the same, considered, prowded Staffw~th dlrect~on, and took action as
necessary, regarding future wholesale power pumhase transactions and strategies
including, but not limited to the replacement of electric generation resources, and
the proposed sale, transfer, assignment, or other d~vestlture of a part of the City of
Denton's electric utthty system, ~nclud~ng, without limitation the Spencer
generation facthty located on Spencer Road in the C~ty of Denton, Denton
County, Texas, and the two hydroelectric faclhtles owned by the C~ty located ~n
Denton County, Texas Conducted a consultation w~th the C~ty's attorneys and ~ts
outside legal counsel ~n order to obtain the advice and recommendations of the
C~ty's attorneys concermng the above-referenced ~ssues, where to discuss such
~ssues and matters ~n a public meeting would conflict w~th the attorney's duties
and professional responslbfltt~es to their chent under the Texas Dlsmphnary Rules
of Professional Conduct
2 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the
Texas Open Meetings Act
3 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086
of the Texas Open Meetings Act
W~th no further bus~ness, the meeting was adjourned
RONI BEASLEY
MAYOR PRO TEM
CITY OF DENTON, TEXAS
JENNIFEI~ WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
Aoenda Item
AGENDA INFORMATION SHEET r)ate .~
AGENDA DATE June 5, 2001
DEPARTMENT City Manager's Office
CM. Michael A Conduff, C~ty Manager
SUBJECT
Consider a request for an exception to the no~se ordinance for a Juneteenth celebration at
Fred Moore Park on June 19 until 11 00 p m
BACKGROUND
Mr Harold W Jackson has requested that the C~ty Council grant an exception to the
no~se ordinance for act~mt~es for a Juneteenth celebration (Attachment 1) Events
reqmrmg an exception to the noise ordinance are planned Tuesday, June 19th ~n Fred
Moore Park The actlwt~es planned ~nclude a rhythm and blues musmal concert, free of
charge to the ¢ommtm~ty These aettwt~es are scheduled untd 11 00 p m The mare
source of no,se from these act~wtles w~ll be the use of speakers for the bands and
announcements The surrounding area consists mainly of resldent~al neighborhoods, w~th
Oakwood Cemetery to the north (Attachment 2) Details on the Apollo N~ght schedule
need to be finahzed, and we w~ll be bringing the request for a nmse exception for that
event to a future meeting
As you know, the no~se ordinance declares loudspeakers, amphfiers, and musical
~nstruments a no~se nuisance, particularly after 10 00 p m Monday through Saturday and
anytime on Sunday (Attachment 3) The ordinance does, however, prowde that the C~ty
Council may make exceptions when the public interest ~s served
The organizers have been reformed that should Councd approve th~s request, responstble
use of amphfied sound ~s still required by Section 20-1 of the C~ty of Denton Code of
Ordinances In partmular, Section 20-1 (a) states
Juneteenth No,se Exception
June 19, 2001
Page 2
It shall be unlawful for any person to make or cause any unreasonably loud,
disturbing, unnecessary noise whmh causes or may cause material d~stress,
d~scomfort or ~njury to persons of ordinary sens~b~llUes in the ~mmed~ate
vicinity thereof
FISCAL INFORMATION
None
Respectfully Submitted
Betty W~lllams
D~rector, Management and Pubhc
Information
Attachments 1 Request from Mr Jackson/List of Events 2 Map of the area
3 No,se Ordinance
ATTACHMENT 1
C~ty of Denton
Parks and Recreation
Ed Hodney
215 East Mclrdnney
Denton, Tx 76201
Dear Mr Hodney,
We would hke to do hold our Juneteenth celebration at Fred Moore Park on June
19, from 12 00 noon to 11 00p m Can you extended the park clomng t~me by one hour
Apollo N~ght Schedule for the Summer 2001
June 24
July 8 & 22
August 5 &19
Along w~th the Apollo Nights ~n the park, we would hke your approval to park a
recreation vehicle m the park, to prowde free refreshments to the k~ds
Sincerely,
Harold W Jackson
attachment 2
W
~-~
Fred Moore Park Area
Engineering &,Transporatlon a I S - May 7, 1999
attachment 3
Chapter 20
NUISANCES*
Art I. In General, 9§ 20-1~20-30
Art II. Abandoned Property, §9 20-31--20-70
D~v 1 Generally, §§ 20-31--20-40
D~v 2 Motor Vehicles, §§ 20-41--20-70
Art III Grass and Weeds, 99 20-71--20-73
ARTICLE I IN GENERAL
Sec. 20~1. Noise.
(a) It shell be unlawful for any person to make or cause any unreasonably loud,
disturbing, unnecessary noise wluch causes or may cause materml d~stress, d~scomfort or
injury to persons of ordmery sens~bd~tme m the ~mmedlate v~cm~ty thereof
(b) It shall be unlawful for any person to make or cause any no~se of such character,
mtonmty and continued duratmn as to substantially ~nterfere w~th the comfortable enjoyment
of pmvato homes by persons of ordinary senmbd~t~es
(c) The following acts, among others, are declared to be no~se nmsances in wolatmn oft]us
Code, but such enumeratmn shall not be deemed to be exclusive
(1) The playing ofany phonograph, televlmon, radio or any musical ~nstrument m such
manner or w~th such volume, particularly between the hours of 10 00 p m and 7 00
a m, as to annoy or d~sturb the qmet, comfort or repose of persons of ordinary
senmbd~t~es m any dwelhng, hotel or other type or remdence,
(2) The use of any stationary loudspeaker, amphfier er mumcal instrument ~n such
manner or w~th such volume as to annoy or dmturb persons of ordinary senmbd~t~es
in the ~mmed~ate v~mmty thereof, particularly between the hours of 10 00 p m and
7 00 a m, or the operahon of such loudspeaker, amphfier or mumcal ~nstrument at
any t~me on Sunday, prowded, however, that the mty councd may make exceptions
upon apphcat~on when the pubhc ~nterest wdl be served thereby,
(3) The blowing of any steam whmtle attached to any stat~anary bmler or the blowing of
any other loud or far-reaching steam whmtle w~thm the c~ty hm~ts, except to g~ve
not~ce of the t~me to begin or stop work or as a warning of danger,
(4) The erection, excavation, demohtwn, alteration, or repair work on any budding at
anytane other than between the hours of 6 00 a m and 8 30 p m Monday through
Friday from June I to September 30, between 7 00 a m and 8 30 p m Monday
through Fmday from October ! to May 31, between 800 am and 830 pm on
*Cross references--Protected m~gratory b~rd roosts declared nmsance, § 6 87, mspec-
twn and ~batement warrants, § 19-86 et seq, ~nsect and rodent control m mobde home and
recreatwnal vehicle perks, § 32-91
Supp No 6 1389
5
§ 20-I DENTON CODE
Saturday;, and between 1 00 p m and 8 30 p m on Sunday, prov,ded, however that the
city counol may issue special permits for such work st other hours ~n case of urgent
necesmty and in the interest of public safety and convenience
(5) The creation of any loud and excess,ve noise m connectmn w, th the loading or
unload,ng of any vehicle or the opening or destruction of bales, boxes, crates or
contmners;
(6) The use of any drum, loudspeaker or other instrument or der,ce for the purpose of
attracting attention by tha ereat,on of no,ses to any performance, show, theatre,
mot, on picture house, sale of merchandise or d,splay which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto
(Code 1966, §§ 14-20, 14-21, Oral No 95-184, § I, 9-12-95)
Cross reference-Animal no,se, § 6-26
Agend~ Itl~m ~/~
AGENDA INFORMATION SHEET Date _/~/.~?t~ /
AGENDA DATE: June 5, 2001
DEPARTMENT' F~re Department ~
ACM: Jon Fortune, Assistant City Manager, Pubhc Safety and Transportation
SUBJECT
Consider adoption of a resolution approwng the Denton Emergency Plannmg Adwsory
Council (DEPAC) as an adwsory group concerned w~th all emergencies and their ~mpact upon
the City of Denton and Denton County, and prov~dmg an effective date
BACKGROUND
Th~s Adwsory Council began m November 2000 as a group of local businesses, c~tizens and
emergency responders concerned w~th all emergencies w~thm the C~ty of Denton and Denton
County The council has adopted the following m~ss~on statement goals and object~ves
Mission Statement: To promote a safe Denton community through proactive preparation for
physical and enwronmental d~sasters by prowdmg adwce and support for prevention,
education and response readiness
Goals'
1) To create a resource network for d~saster planmng in the Denton community
2) To encourage appropriate representation on DEPAC from each plannang category
3) To develop a safety packet for distribution to new and ex~st~ng busanesses ~n the Denton
area
4) To assist an planmng and eoordlnatmg a commumty-w~de, large-scale disaster dull on
an annual bas~s
RECOMMENDATION
Staff recommends th~s resolution be estabhshed in order to allow coordanatlon of emergency
preparedness to continue first w~tban the C~ty of Denton and ultimately to affect Denton
County
PRIOR ACTIONfREVIEW (Council, Boards, Commissions)
Th~s Resolution has been rewewed by the C~ty of D enton's Legal Department
FISCAL INFORMATION
There will be no fiscal impact created by this resolution
EXHIBITS
1 Resolution acknowledging the Denton Emergency Planmng and Advisory Cotmcfl
Respectfully submitted
Ross Chadwmk
F~re Chief
2
C \WnqDOWS\TEMP~EPAC R~solutmn doe
RESOLUTION NO
A RESOLUTION APPROVING THE DENTON EMERGENCY PLANNING ADVISORY
COUNCIL (DEPAC) AS AN ADVISORY GROUP CONCERNED WITH ALL
EMERGENCIES AND THEIR IMPACT UPON THE CITY OF DENTON AND DENTON
COUNTY, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Denton Emergency Planning Advisory Council (DEPAC) will make
recommendaUons to the City of Denton's Emergency Management Coordinators and Denton
County's Emergency Management Coordinator regarding mitigation, preparedness, response and
recovery for all emergency events,
WHEREAS, the Denton County Local Emergency Planning Committee (LEPC) is
primarily concerned with hazardous material events, DEPAC will be concerned with all hazards
which may impact Denton
WHEREAS, the LEPC and DEPAC will work together to provide the C~ty of Denton and
Denton County with sound emergency management principles and information to make wise
deClSlOnS, and
WHEREAS, the City Council is desirous of acknowledging DEPAC, a committee that
will work toward a disaster resistant community, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION 1 That the City Council hereby acknowledges the Denton Emergency
Planning Advisory Council (DEPAC) as a committee formed with representatives from the
following organizations
Public Schools
Business/Industry
Universities
Volunteer Organizations
Public Education
Special Needs Populations
Medacal/EMS
City Staff
County Staff
Communications
Lo~al Cmzens
DEPAC v~ll make recommendations to the City of Denton's Emergency Management
Coorchnators and Denton County's Emergency Management Coorrhnator regarding mitigation,
preparedness, response and recovery for all emergency events
SECTION 2 Members from other groups will be added as necessary to further the
purpose of DEPAC Additionally, DEPAC will work w~th LEPC to provide the City of Denton
and Denton County w~th sound emergency management pnnclples and information to make wise
decisions
SECTION 3 That this resolutton shall become effecttve lmmechately upon its passage
and approval
PASSED AND APPROVED this the __ day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEOAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
J lf) l
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2001 Questions concerning th~s
acqmsmon may be directed
DEPARTMENT. Materials Management to Alex Pett~t 349-8595
ACM: Kathy DuBose, F~scal and Mumc~pa] Servlces~'~
SUBJECT:
An Ordinance prowdlng for the expenditure of funds for the purchase of public safety system
mobile data computer (MDC) upgrades which is available from only one source m accordance
w~th the prowaons of State Law exempung such purchases from reqmrements of compeUtlve
b~ds, and providing an effective date (PO 14516 to Datalux ~n the amount of $130,240 for MDC
Pubic Safety Upgrades)
PURCHASE ORDER INFORMATION:
This purchase order is for the sole source acqms~t~on of upgrades to 80 Pubhc Safety Mobile
Data Computers designed and built by Datalux Datalux ~s the original manufacturer of the
computers and the only certified repmr source Chapter 252 Secuon 7 of the Texas Local
Government Code exempts acqmsmons of "item available from only one source because of
patents, copyrights, or capUve replacement parts or components for eqmpment" from the b~d
process
RECOMMENDATION:
We recommend purchase order 14516 to Datalux be approved ~n the amount of $130,240
PRINCIPAL PLACE OF BUSINESS:
Datalux
Winchester, VA
ESTIMATED SCHEDULE OF PROJECT'
Upgrade of the 80 MDC computers ~s scheduled for completion on or before August 1, 2001
FISCAL INFORMATION:
Funchng for this upgrade ~s available from Public Safety Technology Plan account (480-044-
COMP-0110-9169)
Agenda Information Sheet
June 5, 2001
Page 2
Respectfully submttted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Pumhase Order 14516 to Datalux
Attachment 2 Quotation 012601-1 from Datalux
1572 Agenda
2
ATTACHMENT
ATTACHMENT 2
DATALIlX Quote Form
155 Aviation Dr
Winchester, VA 22602 Quote # 012601-1
Of~ 540-~62-1500 Dat~' January26,2001
Fax 540-662-7358
Ililil t~' i. Shl~ ~o,I
City Of Dellt~n'' I C~ of Denton
601 £ H,ckolT, Suite E 601 E HlCkO~, Suite E
D~ton~ ~ 76205-4305 DenOn, TX 76205-4305
Phone' 940 349-7267
F~ 940-349-8533
UPS 8rouncl ORIGIN Net 30/CC/COD I
Qty, Item Description Ship Id~to UnI! Prtcc Total
1-99 Upgrade UPgrade the DatabrlCk In existing Weekly $1,578 O0
System Fs to 333 MHz end 128 Ma of turn-
RAM around
I Review Inspection and review of fha current S 800 00
System F installations in Denton PD per day +
cers Make recommendations for any travel and
chenges or improvements that wdl hying
result tn be'~er performance end/or expenses
longer hfe of the sptems , ~
Quote Valid for 30 Days
Standard Ton'aa and Condmons Apply
Terms are Net 30
4
ORDINANCE NO
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF PUBLIC SAFETY SYSTEM MOBII.g. DATA COMPUTER (MDC)
UPGRADES WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE
WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE
(PO 14516 TO DATALUX IN THE AMOUNT OF $130,240 FOR MDC PUBIC SAFETY
UPGRADES)
WHEREAS, Sectaon 252 022 of the Local Government Code provides that procurement
of items that are only avoalable from one source, lncluchng, items that are only available from
one souree because of patents, copyrights, secret processes or natural monopolies, films,
manuscripts or books, electricity, gas, water and other utility purchases, captive replacement
parts or components for equipment, and library materials for a public library that are avoalable
only from the persons holding exclusive chstnbutlon rights to the materials, need not be
subrmtted ito competative bids, and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the following purchase of materials, equipment or supplies, as
described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing
Agent, are hereby approved
PURCHASE
ORDER VENDOR AMOUNT
14516 Datalux $130,240
SECTION 2 That the acceptance and approval of the above items shall not constatute a
contract between the City and the person subrmttmg the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department
SE~'TION 3 That the City Manager is hereby authorized to execute any contracts
relating to lhe items specified in Sectaon I and the expenditure of funds pursuant to said contracts
is hereby authorized
SECTION 4 That this orchnance shall become effective immediately upon ~ts passage
and approval
5
PASSED AND APPROVED th~s the day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
14516 - Datalux SOLE SOURCE 2001
Bate
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2001 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Ray Wells 349-7108
ACM. Kathy DuBose, Fiscal and Mumclpal Servlces~
SUBJECT:
An Ordinance prowdmg for the expenditure of funds for the purchase of automaUc throw over
swltchgear which is available from only one source m accordance with the provisions of State
Law exempting such purchases from requirements of competitive bids, and providing an
effective date (Purchase Order 14681 to S & C Electric Company m the amount of $65,200 for
Automatic Throw Over Sw~tches)
PURCHASE ORDER INFORMATION:
Th~s purchase order is for the sole source acquisition of automatic throw over sw~tches available
only from S & C Electric Company The sw~tches (S & C Catalogue # AT0-9) are utilized for
Denton Regional Medical Center, Denton Commumty Hospital, Denton Water Treatment Plant,
Anderson D~stnbut~on, Flow Campus, Sally Beauty Company, Inc, Good Samaritan on I-hnkle,
and TWU South Substation In the past 6 months we have pulled three of these ATO-9 switches
from inventory stock, one for new construction, one due to lightning damage and one due to
mechanical fmlure The two switches on PO 14681 are ~ntended to replace inventory stock
ATO-9 switches manufactured by S & C Electric are the only sw~tch compatible with the eight
sites listed above for compartment layout, bushing heights, and numerous patented design
components Compatlblhty is critical at change out or repair time S & C Electric Company
products ,are only avadable through their assigned temtory factory representative program
Chapter 252 of the Texas Local Government Code exempts ~tems available from only one source
from the b~d process
RECOMMENDATION:
We recommend purchase order 14681 to S & C Electric Company be approved m the amount of
$65,200
PRINCIPAL PLACE OF BUSINESS:
S & C Electric Company Fred Oberlanders & Assoc
Chicago, IL Dallas, TX
Agenda Information Sheet
June 5, 2001
Page 2
ESTIMATED SCHEDULE OF PRO,JECT:
Dehvery of the two ATO-9 sw~tches ~s scheduled for shipment the third week of August 2001
FISCAL ][INFORMATION:
Funding for the sw~tches ~s avmlable from Inventory Working Capital account (710-043-0582-
8701)
Respectfully submitted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Purchase Order 14681 to S & C Electric Company
Attachment 2 Quotation from S & C Electric Company
1575 Agenda
2
ATTACHMENT 2
S&C ELE q'RIC COMPANY
Metro (972) 445 ~675
F~ {214)34g 2373
May l7,2001
Mrs Demse Harpool
C~ty of Denton
gO1-B Texas Street
Denton, Texas 76201
g,,hject S&C Elecmc Source Tran.~fer PME Sw~tch Gear
Dear Mrs Harpool
We are pleased to quote the following S&C Electric PME Source Tr_~n.~fer
Pad Mounted Svatch Gear
Item 81 2 each, S&C Pad-Mounted Gear, Power Operated Source
Transfer, Model PME-9, 25KV, eonta,nmg two 600 ampere
3 pha~u S&C Mm,-Rupters duvcn by sWred energy
operators and s~x 200E .mpere Trans-Fuser SME-20 Power
Fuse Mountings The unit wall include 600 amp T-Body
l enmn~tor Bushings on the Svatch s~de aud 200 amp
Load-Break Bushings on the time side. supplied with a 6"
base spacer, Over-current lockout, Remote mchcatmg
feature, Supervisory Controh ~nd Commun,cauon Card for
uploadmg events mad settings from the S&C Sotrrce
Tr_~n.~fer Mtero-AT Control
S&C Electric CatalogNo 66252R1-Y2Y4Y6Yi-E107
PRICE $32,600 00 EACH NET
The, above matenal is scheduled to sb,p the week of August 24. 2001
4
Any order or orders based on this quotatton (1) are subjeot to eeeeptanee by
S&C Elecmc Company only at its general offices m Chicago, Ilhno~s, (2)
arc subject to S~C Eleotr/o Company's oonchtions of sale~ wtfich are defined
in full under "(3ENERAL" m the att~hed S&C Pnee Sheet 150, and (3)
should be made out to S&C Ele~rm Company m oare of (c/o) Fred
Oberlender & Assoo, Ine, 10821 Sandan Drive, Dallas, Texas 75355 The
following a~ exc~apts from the altaohexl S&C Price Sheet 150, "Standard
Conditions of Sale," dated Jane 26, 2000
Terms of payment .Net 30 days
Terms of delivery Pnces are F O B common carrier sh~ment l)Omt, with
cheapest wansportatxen prepaid to common career dehvevy point nearest
lirst de~mmtton on order~ with net value of $2,000 or more For order vnth
less than $2.000 net value, prioes are F O B common career dehvery point.
fi-e, ght collect or prepaid and added to the mvote¢
Fred Oberl~nder & Assoe, Ina is the sole S&C Eleotnc Representative for the
C~ty of Denton.
We appreomte your business and look forward to working vnth you If
you have any questions, please feel free to call
V~ry uuly yours,
Fred Oberlander & Associates Inv.
Mfr Reps for S&C Eleane
Cc. Inn Sanders
.l~m Duncan
5
ORDINANCE NO
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AUTOMATIC THROW OVER SWlTCHGEAR WHICH IS AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE
LAW EXEMtYI]NG SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 14681 TO S & C
ELECTRIC COMPANY IN THE AMOUNT OF $65,200 FOR AUTOMATIC THROW OVER
SWITCHES)
WHEREAS, Section 252 022 of the Local Government Code provides that procurement
of items that are only avmlable from one soume, mclu(hng, items that are only avmlable from
one soume because of patents, copyrights, secret processes or natural monopolies, films,
manuscripts or books, electricity, gas, water and other utility purchases, captive replacement
parts or components for eqmpment, and library materials for a public library that are avmlable
only from the persons holding exclusive chstnbutlon rights to the materials, need not be
submitted to compeUt~ve b, ds, and
WHEREAS, the City Council w~shes to procure one or more of the items mentioned m
the above paragraph, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the following purchase of materials, equipment or supplies, as
described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing
Agent, are ,hereby approved
PURCHASE
ORDER VENDOR AMOUNT
14681 S & C Electric Company $65,200
SECTION 2 That the acceptance and approval of the above items shall not constitute a
contract between the City and the person subrmttmg the quotation for such items until such
person shall comply with all reqmrements specified by the Purchasing Department
SECTION 3 That the City Manager is hereby authorized to execute any contracts
relating to the items specified in Section I and the expenditure of funds pursuant to said contracts
~s hereby authorized
SECTION 4 That this ordinance shall become effective immediately upon its passage
and approval
6
PASSED AND APPROVED this the day of ,2001
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
14681 - S & (2 Electric Co SOLE SOURCE 2001
7
AGENDA INFORMATION SHEET
AGENDA DATE. June 5, 2001 Qucsuons concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Jerry Clark 349-8390
ACM: Kathy DuBose, Fiscal and Municipal Serwces ~
SUB.IECT:
An Ordinance providing for the expenchture of funds for the purchase of video direction count
stations which are avadable from only one source in accordance with the provisions of State Law
exempting such purchases from requirements of competitive bids, and providing an effective
date (PO 14685A to Consohdated Traffic Controls Inc, m the amount of $75,330)
PURCHASE ORDER INFORMATION'
This purchase order is for the sole source acquisition of two Peek Video Detection Count
Stations - 4 chrect~on, and two Peek Video Detection Count Stations - 3 directions The video
count stations w~ll be installed on TXDOT lntersect~ons at Teasley/Lllllan Mlller/Wmdnver,
Ryan/Teasley, I-5ckory Creek/Teasley and Teasley/Londonderry They will keep count of
vehicles as well as serve as loop detectors Count stations w~ll allow us to better adjust s~gnal
t~mmg in order to ~mprove traffic flow and to better justify requests for TXDOT funding for road
~mprovements
The video detection count stations manufactured by PEEK Traffic Inc and sold exclusively m
Texas by Consolidated Traffic Controls, Inc are the only umts compatible w~th the software that
operates our existing closed loop traffic control system Test umts are currently installed at
McKlnney at Bell and at Mayhdl and East Umverslty
Chapter 252 of the Texas Local Government Code exempts items available from only one source
from the b~d process
RECOMMENDATION
We recommend purchase order 14685A to Consolidated Traffic Controls, Inc be approved in the
amount of $75,330
PRINCIPAL PLACE OF BUSINESS:
Consohdated Traffic Controls, Inc PEEK Traffic Inc
Arhngton, TX Tallahassee, FL
Agenda Information Sheet
June 5, 2001
Page 2
ESTIMATED SCHEDULE OF PROJECT:
The wdeo trafhc detectors can be dehvered m 4 to 6 weeks Installation ~s scheduled to be
completed on or before the end of August 2001
FISCAL iNFORMATION:
Funding for th~s project ~s avmlable from Street and S~gnal Capital Improvement ProJect funds
account
· 432-020-STRT-9526-9105 $14,862 00
· 462-020-SIGL-9960-9150 $24,338 00
· 478-020-SIGL-8039-9150 $36,130 00
$75,330 00
Respectfully subrmtted
Tom Shaw, C P M, 349-7100
Purchasing Agent
Attachment 1 Purchase Order 14685A to Consohdated Traffic Controls, Inc
Attachment 2 Exclusive Dealership Certification
Attachment 3 Quotation from Consohdated Traffic Control, Inc
1573 Agenda
ATTACHMENT
~ ,~
X~
o~
ATTACHMENT 2
Peek Tr,,fflo Sy.t.ms, In=
3000 Commonwealth E~ulevard
Tall;~laUee, Flotilla ~ua-~157
USA
Telepho~ (850) 5~ ~263
May l~, 200l
Tom Shaw, Purchasing Agent
City of Dt~ntnn
215 Ei Me. Kinney
D=mon, TX 76201
Dear Mr .~haw
T~s 1~ iS Io cem~ ~t Con~h~ T~c Consols.
~ o~y ~orl~d dt~b~or oFP~k produas tbr the S~e ~Te~s
P~ pm~ include
p~ 3000 Con, offers. Doubl~ Dt~ond Conflict Momtor~. ~c ~lgn~ Cabin,s.
Vtd~Tr~ Vch~olo D~on
Following ~e ~s ~ Cousohda[~ Tr~c Controls,
Sales Da~d Ay~ 5~es R~re~manve
~-stde Sales l~ Pne~, Vice ~d~
Tech S~ Les T~ell,
ff~ ~y ~u~,on~ ~ r.ul~ address1 info.nUn, p~as~ 1~ me know
S~s M~g~r
ATTACHMENT 3
Consolidated Traffic Controls, Inc
P O I~bn(¶~l~.~7 * Arllogton, TX76015
(~00) ~ (~00) ~ fax
~ C~ o/~n~n RFO~ O007~
~m~ ~1 N Elm S~ Te~. Net 30 Days
C~ ~e Z~ O~n, TX ~ Fr~h~ FOB City of ~ton
F~ ~-7~7 ~ot~W ~wdAye~
~s Fi~ ~0
1 1 ~5 V~ Trak P~r ........ ~ ...... 1~ 060 ~
3 I jS~A~a I~te~ Pane[ ........ ~$ ~00 ~, $ 400 ~
$
[ -
$
$
Au~onz~ ~na~m
5
Consolidated Trafflo Controls, Ino.
P O BOX15~$37 * A~iin(itan, TXTee1~
(e0e) 44~6e41 (eeo) 44e~ese fax
Naency City of D~nton ~FO # 0007.30-b
At~en~on J&c~ RlohanJson Date 3/27/ID1
T~ns Net 30
~ 221 N. Elm Street
C~ty Smt~ZIp D~mton, TX?6201 F;e~}N' FOBCtb/of D~mton
~=~e M0-~19-6482 Der~very 1 Weel(s ARO
Fax. 940-349-7307 Ou~ted I~ David &yers
1 ~ 1905 Video T,ak ProCo~O~ 1306000
- 2 --4 -- ]C~feeraw/1OO~V'~leoCa~M_
.....................
- - I ~able le~glhs_nmy_ _v~o_nce Sp_ec~_locutm~_~ de _t~_i?
' '~ ....... ;
r~
............... _ ......
~t~ed S~na~re
NOTE p~s9 m~ [o tho RFQ n~er ~ pla~ an ord~ ~ ~ ca~g ~ ~ ~fo~flo~
ORDINANCE NO
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF VIDEO DIRECTION COUNT STATIONS WHICH ARE AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 14685A TO CONSOLIDATED
TRAFFIC CONTROLS INC, IN THE AMOUNT OF $75,330)
WHEREAS, Section 252 022 of the Local Government Code provides that procurement
of items Chat are only avmlable from one source, including, items that are only available from
one source because of patents, copyrights, secret processes or natural monopolies, films,
manuscnpts or books, electnmty, gas, water and other utility purchases, captive replacement
parts or components for equipment, and library materials for a public library that are available
only from the persons hokhng exclusive distribution rights to the materials, need not be
subrmtted to competitive bids, and
WHEREAS, the City Council wishes to procure one or more of the items menuoned in
the above paragraph, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the following purchase of materials, equipment or supphes, as
described lin the "Pumhase Orders" listed hereon, and on file in the office of the Purchasing
Agent, are hereby approved
PURCHASE
ORDER VENDOR AMOUNT
14685A Consolidated Traffic Controls Inc $75,330
SECTION 2 That the acceptance and approval of the above items shall not constitute a
contract bbtween the City and the person subnuttlng the quotauon for such items until such
person shall comply with all requirements specffied by the Pumhaslng Department
SECTION 3 That the City Manager is hereby authorized to execute any contracts
relating to the items specified in Section I and the expenditure of funds pursuant to said contracts
is hereby authorized
SECTION 4 That this ordinance shall become effective immediately upon its passage
and approval
7
PASSED AND APPROVED th~s the day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
14685A- Consohdated Traffic Controls SOLE SOURCE 2001
8
AGENDA INFORMATION SHEET 'lat~...--~ · ~ · *'
AGENDA DATE: June 5, 2001 Questions concerning thxs
acqmslt~on may be directed
DEPART~NT: Materials Management to Ross Chadwxck 349-8101
ACM Kathy DuBose, Fxsc~ ~d Mumc~pal Serwces~
SVaJECT:
An Ordinance accepting competitive bids and awarding a contract for the purchase of a skid
mounted compressed air foam system, providing for the expenditure of funds therefore, and
providing an effective date (Bid 2677 - Compressed Air Foam Systems awarded to Flrestorm
LLC in the amount of $26,350)
BID INFORMATION.
This bid is for the purchase of a skid mounted compressed air foam (CAF) generator for wild
land fire fighting The unit is self-contained, has its own power source, pump, compressor,
supply source and chstnbution system The unit is skid mounted and can be easily and quickly
loaded on to a flatbed truck for grassland or wild land fire fighting purposes The CAF is capable
of fighting fire with air, water, foam or a combination of the three
RECOMMENDATION:
We recommend this bid be awarded to the lowest bidder, Flrestorm LLC, in the amount of
$26,350
PRINCIPAL PLACE OF BUSINESS:
Flrestorm LLC
I-hghland Village, TX
ESTIMATED SCHEDULE OF PRO~llECT
The truck for this unit has been dehvered The unit is scheduled for delivery the second week of
September 2001 Completed unit to be placed into service on or before October 2001
FISCAL ,INFORMATION.
This fire fighting foam unit will be funded from Motor Pool fund account (720-025-0588-9104)
Agenda Information Sheet
June 5, 2001
Page 2
Respectfully submitted
Tom Shaw, C P M, 349-7100
Pumhasmg Agent
Attachment 1 Tabulation Sheet
1574 Agenda
2
ATTACHMENT 1
TABULATION SHEET
BI D 2677. Date 5/10/01
SKID UNIT (FIRE DEPARTMENT)
NO I Qty I ; DESCRIPTION VENDOR VENDOR VENDOR
I' FIRESTORM RIGGS FIRST MERTZ FIRE
LINE
Prmc~ ::)le place of Business: H,ghland V,Ilage, TX Forney, OK Ponca C,ty, OK
COMPRESSED AIR FOAM
1 EA SYSTEM (CAF) USED FOR $26,350 00 $26,500 00 $26,750 00
1 WILDLAND FIREFIGHTING
DELIVERY 90 DAYS 90 DAYS 90 DAYS
ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETmVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A SKID MOUNTED COMPRESSED AIR FOAM SYSTEM, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE
DATE (BID 2677 - COMPRESSED AIR FOAM SYSTEMS AWARDED TO FIRESTORM LLC
IN THE AMOUNT OF $26,350)
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" subrmtted therefore, and
WHEREAS, the City Council has provided in the City Budget for the appropnanon 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 1 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 Purchasing
Agent, are hereby accepted and approved as being the lowest responsible bids for such items
B~ID VENDOR AMOUNT
2677 Firestorm LLC $26,350
SECTION 2 That by the acceptance and approval of the above numbered items of the
submatted, blds, the City accepts the offer of the persons subnmtUng the bids for such items and agrees
to purchase the matenals, equipment, supphes or services in accordance with the terms,
spemficattons, standards, quanuues and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents
SECTION 3 That should the Clty and persons submattlng approved and accepted items and
of the subrmtted 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, quannUes and
specified sums contmned in the Bid Proposal and related documents herein approved and accepted
SECTION 4 That by the acceptance and approval of the above numbered items of the
submitted b~ds, the C~ty Council hereby authorizes the expenditure of funds therefor ~n the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein
4
SECTION 5 That this orchnance shall become effectave ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED this day of ,2001
EULINEBROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
2677 - SUPPLY SERVICES ORDINANCE -2001
i Aoer~da
' AGENDA INFORMATION SHEET 0ate ~/~'~-/f~ [
AGENDA DATE. June 5, 2001
DEPARTMENT: Tax
ACM Kathy DuBose, Fiscal and Mumc]pal Services ~'~
SUBJECT
Consider approval ora tax refund to Texas Manor Inc m the amount of $570 09 The 2000 property value
was decreased by the Denton Central Appraisal D~stnet
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing
umt for refunds m excess of $500 00 The 2000 property value was decreased by the Denton Central
Apprmsal Dmtnct, resulting m a re-ealeulatmn refund of $570 09
All documentation necessary for refund ~s attached
FISCAL INFORMATION
The tax overpayment revenue ~nd would be reduced by $570 09
EXHIBITS
2000 Supplemeat #9
Respectfully submitted
Director of F~scal Operations
~o~d~ I~o~~
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2001
DEPARTMENT. Tax
ACM. Kathy DuBose, Fiscal and Mumcipal Services
SUBJECT
Consider approval of a tax refund to Cooperwood Ltd ~n the amount of $867 63 The 2000 property tax was
paid twine
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
umt for refunds m excess of $500 00 Two payments for account R33043 were received on December 12,
2000, and January 5, 2001, resulting in an overpayment of $867 63
All documentation necessary for refund ns attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $867 63
EXItlBITS
Apphcat~on for Refund
Respectfully submitted
Director of F~scal Operations
APPLICATION FOR TAX REFUND
ICollecting office name ' Collecting tax for (taxing units)
CITY OF DENTON TAX ,FFICE A P R 1 9 Z0 01 OF DE"TO"
Present mailing address (number and street)
601 E HICKORY SUITE F
city, town or post office, ~tata, ZIP code Phone (area code and number)
DENTON, TX 76205 ~ (940) 349-8318 FAX (940) 349-72t 1
To appl~/for a tax refund, the taxpayer must complete the followin~
Step 1 COOPERWOOD LTD
Present Mailing Address (number and street)
Owner's name 1200 S WOODROW LN #100
City, town or post office, state, ZIP code Phone (area code and number)
and address DENTON TX 76205
Step 2 Legal description (or attach copy of the tax b~ll or tax receipt)
Describe AI46gA M E P & P R R, TRACT 1, ACRES 3 7713
the property Address or location of property
1631 CGOPER CREEK
Account number of property Tax receipt number
033043 OR 0004050360
Name of Taxing Year Date Amount Amount
Unit From Which For Which Refund Of The Of Of Tax Refund
ReflJnd ~s Required Is Requested Tax Payment Taxes Pa~d Requested
Step 3 Clt~ qf Denton 2000 12/12/00 $ 867 63
Give the tax CI~ qf Denton 2000 1/5/01 $ 867 63 $ 867 63
payment
~nformation
Taxpayer's reason for refund ( attach supporting dcoumentat~on) * 2000 TAX WAS PAID TWICE
FIRST pAYMENT WAS CHECK ~8906 - SECOND CHECK WAS #1046)
*1 hereby apply for the refund of the above-descobed taxes and cert~ty that the ;nformatlon I have given on th~s
Step 4 form i~ true and correct to the best of my knowledge and behef *
ulgnature /-~ ~ / ' r ~ ~ ~ uate O! appllcetlon rot tax retun~
~,~ / 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 ~n ,lail for a term up to 1 year or a fine to exceed $2,000 or both such
m Section 37 10, Penal Code
AGENDA INFORMATION SHEET
AGENDA DATE' June 5, 2001
DEPARTMENT' Tax
ACM Kathy DuBose, Fiscal and Mumc~pal Services ~
SUBJECT
Conmder approval of a tax refund to Preserve at Pecan Creek m the amount of $774 29 The 2000 property
tax was prod twice
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing
unit for refunds m excess of $500 00 Two payments were received on January 6, 2001 and February 19,
2001, resulting In an overpayment of $774 29
All documentation necessary for refund ~s attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $774 29
EXHIBITS
Apphcat~on for Refund
Respectfully submitted
Omz
Director of ¥~scal Operations
APPLICATION FOR T,~ REFUND
~ollactlng office name Gollectlng tax for (taxing units)
~ITY OF DENTON TAX OFFICE CITY OF DENTON
=resent mailing address tnumber and street)
301 E HICKORY SUITE F
31ty, town or post office, State, ZiP code Phone (area code and number)
DENTON, TX 76205 ,i (940) 349-8318
' for a tax refund
~tep 1 PRESEEVE AT PECAN CREEK LTD ETAL
Present Mailing Address (number and street)
3wner's name 4000 WINDSOR DR
City, town or post office, state, ZIP code Phone (area code and number)
~tap 2 Legal, description (or attach copy of the tax bdl or tax receipt)
Describe A1330AIG WALKER, TRACT 201, ACRS 110 9321, OLD DCAD TR 38B
be property Address or Iocehon of property
99999 SWISHER RD
Account num~ber of property
R0390t2
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 Prod Requested
~tap 3 Clt~ Of Denton .~3Y 2000 02/19/2001 $ 774 29 $ 774 29
Give the tax Clt7 of Denton ~[~ 2000 01/06/2001 $ 774 29
payment 3
information
Taxpayer's reason for refund ( attach supporting documentation) TWO PAYMENTS WERE RECEIVED
RESULTING IN AN OVERPAYMENT OF $774 29
: *1 hereby apply for the refund of the above-descnbed taxes and certify that the ~nformat~on I have g~ven on th~s
!Step 4 form ip true and correct to the best of m~ km3wledge and belief *
Sign ulgnatu~e.~ ../ ua~e or appllcanon for tax reruno
the
form
Any person who makes a false entry upon the foregoing record shall be subject to one of the follow~ng penalbes
I Imprisonment of not more that the 10 years nor leas than 2 years and/or a fine of not more than $5,000 or both
such fine and ;mpnsonment, 2 Confinement in jml for a term up to 1 year or a fine to exceed $2,000 or both such
, Penal Code
2
AGENDA INFORMATION SHEET Dato ~;~/~9--/Z2, / _
AGENDA DATE' June 5, 2001
DEPARTMENT. Tax
ACM Kathy DuBose, Fiscal and Mumclpal Services
SUBJECT
Consider approval of a tax refund to CMS Hartzell in thc amount of $1,600 22 The 2000 property tax was
prod twice
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code reqmres the approval of thc governing body of the taxing
umt for refunds m excess of $500 00 On April 20, 2001, CMS Hartzell submitted payment for the 2000
property tax The company m~scalculated the penalty and interest due on the account, resulting m an
overpayment of $1,600 22
All documentation necessary for refund ~s attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $1,600 22
EXHIBITS
Apphcatlon for Refund
Respectfully submitted
l~'i'~n a Ort~z
D~rector of F~scal Operations
04/25/01 WED 08 38 FAX 612 643 2300 CMS HARTZELL ~002
APPLICATION FOR TAX REFUND Coils;ting tax for (taxing units)
Dctle~ng omce name
CITY OF DENTON TAX C~i~E APR 21)01 C,TY OF D .TO.
Pre,eot mailing a,'som~l(numl~' end street)
a0t E HICKORY 8UITI~ F Phone (area code ancl
CRy, town or post office, state, ZIP Coda
DENTON, 'tx 7620s ia40) 349-8518 FAX (e40) 3,~e.?21t
Fo appl~/for a tax refund, the :__--~.~-~'er must co,,~;~ the followin~
Step 1 GMS HA~<~,';i ~ Al'TN PAUL B£RGENER
pmaant I~l~g Address (number and
Dwnaff$ name 30 EQX 6~.529
Cltyi town or post office, state, ZIP code Phone (area =ode and number)
and t~;~[i;,i ; PAUL MN 56164-0-~--n
Step 2 Legal dsseriptfon (or attach copy of the tax bill or tax receipt)
De~.nbe pERSONAL PROPERTY · MEDICAL SUPPLIES MFG
the property Aridro~s or Iouation of properly
2600 1-36 NORTH
Account number of propa~ Batch ID
OR Z000104~0-1660
91 3
~ Date
Unit From V~llch For Which Refund Of The Of Of Tax Refund
I~efund Is Required la Re,~,~-*:~,=. Tax Payment Taxes Paid Requeatod
Step 3 CIt~ of ~,~.~ 2000 04/20/2001 $ 17,169 45 $ 1,600 22
Give the tax 2 CtI~ of Denton
payment 3
information
6
TaXpayer's reaxon for refund ( attach suppofllng documentation) · CHECK #6272g0 WA~ MADE OUT FOR
liiO~. THAN THE .~.L~OUNT DUE! R-=$UL-TING IN AN OVERPAY OF $t~600 22
'1 I~ereby apply for the refund of the above-dsscflbed taxes end certify that the ,nfommhon I have given on this
and w,~- -' fo the beet of mv kii.?!e~n and belief*
Step 4 fo~nt Is true ~ ~ '- uaTe ot e;~;:ii:-.:._ ~,on mr tax reruns
Any person who makes a false enW upon the foregoing re=ord shall be subject to one of the following penaRies
1 Imprisonment of not more that the t0 years nor leas than 2 years and/or a fine of not more than S5,000 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
~. fl · and Im risanment ss sst forth in 8a~on 37 10, Penal Code
FOR OFFICH U~E oNI.Y
'"~--"--"""---- ~s Approved (~ ~'---'~1Dtsspproved Date / "
Step 6 ' Author~.e~ C ~r -- ./.-- /
Tax.nd M...~LM~ ~ '/'~ ~1~"'~ ~J /
determination
AGENDA INFORMATION SHEET 0ato ~/~'~ ~ ~r-~-~/~/~~---
AGENDA DATE: June 5, 2001
DEPARTMENT' Tax
ACM Kathy DuBose, Fiscal and Mumclpal Services ~
SUBJECT
Consider approval of a t~ ref~d to Intonational Isotopes in the ~ount og $4,231 60 The 2000 prope~y
t~ was prod ov~md
BACKGROUND
Chapter 31 11 of the Texas Prope~ T~ Code reqmres the approval of the governing body of the t~ng
umt for m~nds ~n excess of $500 00 On April 25, 2001, International Isotopes submitted pa~ent for ~e
2000 prope~y t~ The compmy d~d not calculate the penalty ~d ~nterest comectly, therefore, resulting ~n
~ ove~ayment of $4,231 60
All docmentation necess~ for re~d ~s attached
FISC~ INFO~ATION
The t~ ove~a~ent revenue f~d would be r~uced by $4,231 60
E~IBITS
Apphcat~on for Re~d
Respectfully submitted
Director of Fiscal Operations
04/25/01 WED 15 00 FAX 940 483 0431 INTERNATION~ ISOTOPES ~002
APPLICATION FOR TAX REFUND
~ fo~
~ address
Step 2 Legal description (or atia~h copy of the tax bill or tax receipt)
AddreSS or location of property
Tax receipt number
Account number of property
OR
Of TaX Refund
Date Of
Year Of The
Name For Which Relund
Of ~raxl~ Which
~3
the tax
Taxpayer's reason for refL nd ( attach supporting documentation}
*l hereby apply for the refund of the above.described taxes and certify that the reformation I have
the form
Any pemOn who makes a f~ , upon the foregoing record shall be subject to one of the following penalbes
Imprisonment of not more it the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both
fsuch fine and imprisonment, 2 Confinement in jail for a term up to I year or a fine to exceed $2,000 or both such
Penal Code
,fine , ,
r
AGENDA INFORMATION SHEET flare /l-/?,/,~//,/~ / _.
AGENDA DATE: June 5, 2001
DEP~TMENT: Tax
ACM Kathy DuBose, Fiscal and Municipal Serwces ~
SUBJECT
Consider approv~ ofa t~ re.nd to P~mey Bowes m ~e mount of $1,589 67 The 1999 prope~y tax was
prod ~lce
BACKGROUND
Chapter 31 11 of ~e Texas Prope~y Tax Code reqmms ~e approval of the govem~ng body of the taxing
umt for re~nds in excess of $500 00 Two checks were received ~om P~mey Bowes to pay for the 1999
prope~y t~, resul~ng ~n ~ oveCa~ent of $1,589 67
All documentation necess~ for re~d ~s attached
FISCAL INFO~ATION
The tax oveCa~ent revenue ~d would be reduced by $1,589 67
E~IBITS
Apphcmton for Re~d
Respectfully submitted
D~rector of F~scal Operations
1
APPLICATION FOR TAX REFUND .~R 1 9 ~
Coltactlng office name Collecting tax for (taxing units)
CITY OF DENTON TAX OFFICE C TY OF DENTON
Present mailing address ~number and street)
601 E HICKORY SUITEIF
City, town or post office, ~tata, ZIP code Phone (area code and number)
DENTON, TX 76205 (940) 349-83t8
To apply for a tax refund, the taxpayer must complete the following
I Present Mmling Address (number and street)
Owner's name ~TAX SERVICE 41-19, WALTER H WHEELER JR DRIVE
J City, town or post office, state, ZIP code Phone (area code and number)
and address STAMFORD, CT 06926-0710 203-351-7616
Step 2 Legal description (or attach copy of the tax bill or tax receipt)
Descnbe PERSONAL. PROPERTY VARIOUS LOCATIONS IN DENTON, MAILING EQUIPMENT
the property Address or location of property
VARIOUS
Account num13er of property Tax receipt number
R904~28 OR
N~me of Taxing Year Date Amount Amount
Unit From Whioh For Which Refund Of The Of Of Tax Refund
Refund ia Required Is Requested Tax Payment Taxes Prod Requested
Step 3 CI~ of Denton 1999 09/07/2000 $ 8 079 37 1,589 67
G~ve the tax Clt7 of Denton
payment
[nformabon
Taxpayer's reason for refund ( attach suppcrt~ng documentation) COMPANY OVERPAID PROPERTY TAX,
· ~ESULTING IN AN OVERPAYMENT OF $17589 67
*1 hereby apply for the refund of the above-described taxes and certify that the ~nformat~on I have g~ven on th~s
Step 4 form is true and correct to the best of m}~ knowledge and behef *
~lgnature ~ / =~,'/ ~,~ ~ -~'uare ot application tor tax reruns
Sign the form sign I1~
Any person who makes a false enUy upon the foregoing record shell be subJect to one of the fullow~ng 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 ~mprisonment, 2 Confinement ~n js,I for · term up to I year or a fine to exceed $2,000 or both such
Section 37 10, Penal Code
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2001
DEPARTMENT: Tax
ACM Kathy DuBose, Fiscal and Mumclpal Servlces~"~
SUBJECT
Consider approval of a tax refund to Extraeo Mortgage m the amount of $635 58 The 2000 property tax
was prod twine
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing
trait for refunds m excess of $500 00 Extraco Mortgage erroneously prod on Robert Jones' account,
resulting in an overpayment of $635 58
All documentatton necessary for refund ~s attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $635 58
EXHIBITS
Apphcat~on for Refund
Respectfully submitted
D~ana Omz
D~rector of F~scal Operations
APPLICATION FOI~ TA~REFUffI~' '
Collecting office name--
Collecting tax for (taxing units)
CITY OF DENTON TAX ~FFICE C TY OF DENTON
Present mailing address (number and street)
B01 E HICKORY SUITE F
City, town or post office, ~tata, ZIP cobs Phone (area code and number)
DENTON, TX 76205 (940) 349-8318
:~ apply fora tax refUuv~nnditrhse~t:XmPea~'er must complete tho following
lep I Robert j Jones- Extreco Mtg
Present Mailing Address (number and street)
:)wner'e name P O Box 21717
City, {own or post office, state, ZIP code Phone_(area code and number)
;~nd address Waco, Texas 76702-1717 ~ c~ ,~/-/-
Step 2 LegalI deschptlon (or attach ropy of the tax bill or tax rece;pt)
:~e$cdbe WESTG~TE HEIGHTS PH 2, BLOCK 4, LOT 3
be propen*y Address or location of property 2223 CARRIAGE HILL
Account nunlber of property
N"me of Taxing Year Data Amount Amount
Ur~lt From Which For Which Refund Of The Of Of Tax Refund
Refund is Required Is Requested Tax Payment Taxes Prod Re(~uestad
Step 3 CI~ qf Denton 2000 12/30/2000 $ 635 58 $ 635 58
Give the tax Cl[7 of Denton 2000 01124/2001 $ 635 58
payment
Informaben
Taxpayer's reason for refund ( attach supporting documentation) EXTRACO ERRONEOUSLY PAID ON THIS
~,CCOUNT CREATING AN OVERPAYMENT OF $636 68
*1 hereby apply for the refund of the above-descnbed taxes and certify that the mformat~on I have given on this
I true and correct to the beet of m~ · and behef *
2
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2001
DEPARTMENT: Tax
ACM Kathy DuBose, Fiscal and Municipal Serwces ~]
SUBJECT
Consider approval of a tax refund to Sears Roebuck & Co m the amount of $973 77 The 1999 property
value was decreased by the Denton Central Apprmsal D~smct
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing
unit for refunds xn excess of $500 00 The 1999 property value was decreased by the Denton Central
Apprmsal D~stnct The Appraisal D~stnct received a court order to reduce the property value, resulting ~n a
re-calculation refund of $973 77
All documentation necessary for refund ~s attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $973 77
EXHIBITS
1999 Supplement
Respectfully submitted
~Dl~tna Ortlz '
Director of F~scal Operations
99 SUPPLEMENT
TO DENTON CITY Date 4/2/01
FROM DENTON CENTRAL APPRAISAL DISTRICT
P O BOX2816
DENTON, TX 76202-2816
OWNER SEARS ROEBUCK & CO ACCOUNT# P901428
D/768 TAX, B2-109A LEGAL DESC
PERSONAL PROPERTY - DEPT STORE
3333 BEVERLY RD LOCATION 2201 135E $ #C, DENTON
HOFFMAN ESTATES, IL 60192-3322
Previous Corrected
Imp HS 0 Imp HS 0
Land HS 0 Land HS 0
Imp NHS 0 Imp NHS 0
Land NHS 0 Land NHS 0
Ag Mkt 0 Ag Mkt 0
Ag Use 0 Ag Use 0
Personal 2,747,440 Personal 2,555,810
Exempt 0 Exempt 0
Taxable 2,747,440 Taxable 2,555,810
Loss 191,630 Imp SPTB Land SPTB
In~tlated By JRE Approved By
Reason PER COURT ORDER DATED 1/8/01 THI~'/VVILL BE ON
SUPPLEMENT #12
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2001
DEPARTMENT: Tax
ACM' Kathy DuBose, Fiscal and MUmelpal Services
SUB,IECT
Consider approval of a tax refund to Mason Stewart m the amount of $597 37 The 2000 property tax was
prod twice
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing
umt for refunds m excess of$500 00 Two payments for account R210886 were received on December 20,
2000, and December 29, 2000 The homeowner's moving company and prewous mortgage company paid
the 2000 property tax, resulting m an overpayment of $597 37
All documentation necessary for refund ~s attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $597 37
EXHIBITS
Apphcat~on for Refund
Respectfully submitted
D~ana Ort~z
Director of F~scal Operations
Sent By COD Customen Service, 940 349 /211, May ? 01 1 21PMj Page
DENTON TAX ( ~ITY OF DENTON
HICKORY SUITE F
346-8318
~ for a tax r must ~,~P;~
~ep 2 Legal d~c~plton (or attach oopy of the tax bill or tax rece,pt)
3esc, dbe LOT 9
ha property AddmBk or IoGatlon of property'
~100 sEVIEN OAK6 LN
AGG0U~ number of property Tax receipt number
OR
Amount
Urtl~ From V~h For Which Refund Of The Of Of Tax Refund
Taxes Paid
Clly OI~G~G 2000 12/29/2000 $ 597 $7 $ 597 37
Clt~ of~ ~;~;~ 2000 t2.J20/2000 $ ,697 37
Taxpayers rMmon for refund ( attach eUlOporbng documentatgon) HOMEOWNER'S MOVING COMPANY PAID FO
RESULTINO IN AN OVERPAYMENT OF $$g7 37
'1 hereby ,,pply for the refund of the above-described texax and corl~ that the informabon I I~va g~ven on thru
,the best of ~ and betlef"
Any I)(~K;n who makes a false ante/upon the foregoing rec, o~d shall be subject to one ef the followJog penalties
1 Im0Heonment of not mere that the 10 years nos' leas than 2 years and/or e fine of not niece than $5,000 or both
such fine and impdsanmant, 2 Confinement in jml for · term up to 1 year or a fine to exr..es(I $2,000 or both such
fo~h in ~ 37 10, Panel Coda
2
AGENDA DATE: June 5, 2001
DEPARTMENT: Tax
ACM. Kathy DuBose, Fiscal and Mumc~pal Services ~
SUBJECT
Consider approval of a tax refund to Matthews Country Club Est LP m the amount of $1,742 18 The 2000
property tax was prod twice
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govermng body of the taxing
unit for refunds m excess of $500 00 Two payments for account R184709 were received on December 29,
2000, and January 23, 2001, resulting m an overpayment of $1,742 18
All documentation necessary for refund ~s attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $1,742 18
EXHIBITS
Apphcatmn for Refund
Respectfully submitted
D~rector of F~scal Operations
APPLICATION FOR TAX REFUND
) name
DENTON TAX OFFICE CITY OF DENTON
E HICKORY SUITE F
76206 349-83t8 FAX (940) 349-7211
To apply for a tax refund, the taxpayer must complete the follow~n~
uwne~-s ~lame
Step 1 MATTHEWS COUNTRY CLUB EST LP
Present Mailing Address (number and street)
)wner's name 1660 S STEMMONS FWY SUITE 280
C~ty. town or post office, state, ZIP cede Phone (area code and number)
nd address LEWISVILLE TX 75067-6315
· ~tap 2 Legal description (or attach copy of the tax bill or tax receipt)
3ascribe A01351A DAUGHERTY, TRACT 2B, ACRES 494032
~he property Address or location of property
NIA
Account number of property Tax receipt number
184709 OR 0004230371'
Name of Taxing Year Date Amount Amount
Unit From Which For Which Refund Of The Of Of Tax Refund
Refund is Recluired Is Reclueatad Tax Payment Taxes Pa~d Recluested
Step 3 City of Denton 2000 12/29100 $ 1,74~'18
Give the tax Cl~ of Denton 2000 1/23101 $
payment
reformation
Taxpayer's reason for refund ( attach supporting documentation) * 2000 TAX WAS PAID TWICE
FIRST PAYMENT WAS MADE BY CK #402903 - SECOND CK # NOT GIVEN)
*1 hereby apply for the refund of the above-descnbed taxes and certify that the ~nformahon I have g~ven on th~s
Step 4 form a true and correct to the best of my kJ~'wled;3e and belief *
~na.u)r ~ uate or app,ce.on tot tax reTuna
S,on tho form algn,l~l~ (~/ . ..-_/ /x// /
hero, 'W. /
Any person who makes a false entry upon the oing record shall be subject to one of the following penalhes
1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $6 000 or both
such fine and impnsonment, 2 Confinement in Jail for a term up to 1 year or a fine to exceed $2,000 or both such
aa set forth in Section 37 10, Penal Code
2
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2001
DEPARTMENT: Tax
ACM Kathy DuBose, Fiscal and Municipal Services ~
SUBJECT
Consider approval of a tax refund to Matthews Country Club Est LP in the amount of $1,I 17 89 The 2000
property tax was pa~d twice
BACKGROUND
Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds m excess of $500 00 Two payments for account R64737 were received on December 29,
2000, and January 23, 2001, resulting in an overpayment of $1,117 89
All documentation necessary for refund is attached
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $1,117 89
EXHIBITS
ApplicatIon for Refund
Respectfully submitted
Director of F~scal Operations
1
APPLICATION FOR TAX REFUND
Collecting office name Collecting tax for (taxing units)
CITY OF DENTON TAX qFFICE CITY OF DENTON
PreSent mailing address (t~umber and street)
E HICKORY SUITE F
TX 76200 [940) FAX (940) 349-7211
' for a tax refund
~tep I MATTHEWS COUNTRY CLUB EST LP
Address (number and street)
state, ZIP code Phone (area cede and number)
TX 75067-6315
Legal description (or attach copy of the tax b~ll or tax receipt)
Describe A0517A HAGOOD, TRACT 2, ACRES 36 1262
Ihe property Address or location of property
N/A
Account number of property Tax receipt number
0647!? OR 0004230365
N me of Taxing Year Date Amount Amount
Unit From Which For Which Refund Of The Of Of Tax Refund
Refund is Rec~ulred Is Recluested Tax Payment Taxes Paid Requested
Step 3 Clt~ pf Denton 2000 12/29/00 $ 1,117 89
Give the tax Clt~ of Denton 2000 1/23/01 $ 1,117 89 $ 1,117 89
payment
Informat~on
Taxpayer's reason for refund ( attach supporting documentation) * 2000 TAX WAS PAID TWICE
FIRST IPAYMENT WAS MADE BY CK #402905 - SECOND CK # NOT GIVEN)
axes and certify that the ~nformatlon I have given on th~s
AGENDA DATE: June 5, 2001
DEPARTMENT: Tax
Fiscal and Municipal Semites ~
ACM.
Ka~y
DuBose,
SUBJECT
Conmder approval of a t~ re~d to Ma~hews Co~ Club Est LP m the ~ount of $1,123 61 The 2000
prope~y t~ w~ prod
BACKGROUND
Chapter 31 11 of the Texas Prope~y Tax Code reqmres the approval of the governing body of the t~mg
umt for re~ds m excess of $500 00 Two pa~ents for accost R64744 were ~ece~ved on December 29,
2000, ~d J~u~ 23, 2001, resulting m ~ ove~a~ent of $1,123 61
All doc~entat~on neeess~ for re.nd ~s a~ached
FISCAL INFO~ATION
The t~ oveCa~ent revenue ~d would be reduced by $1,123 61
E~IBITS
Apphcat~on for Re~d
Respectfully submitted
D~a omz
D~recmr of Fmcal ~erat~ons
APPLICATION FOR TAX,REFUND
Collecting office name Collecting tax for (taxing units)
CITY OF DENTON TAX qFFICE C TY OF DENTON
Present mailing address (humber and street)
80'1 E HICKORY SUITE F
city, town or post office, state, zip code Phone (area code and number)
DENTON, TX 76205 (940) 349-8318 FAX (940) 349-7211
To apply for a tax refund, the taxpayer must complete the following
Step 1 VIATTHEEWS COUNTRY CLUB EST LP
Preselnt Mailing Address (number and street)
Owner's name 1660 S ~TEMMONS FWY SUITE 280
C~ty, town or post office, state, ZIP code IPhone (area code and number)
and address LEVVlSVILLE TX 75067-6315
Step 2 Legal description (or attach copy of the tax b~ll or tax receipt)
Describe A0586A WM HUDSON, TRACT1, ACRES 36 311
the property Address or location of propeAy
NIA
Account num~oer of property Tax receipt number
064744 OR 0004230367
N~me of Taxing Year Date Amount Amount
Unit From Which For Which Refund Of The Of Of Tax Refund
Refund ~s Required la Requested Tax Payment Taxes Pa~d Requested
Step 3 City Qf Denton 2000 12/29100 $ 1,123 61
$ive the tax City ~f Denton 2000 1/23/01 $ 1 123 61 $ 1 123 61
~ayment
information
Taxpayer's reaeon for refund ( attach supporting documentation) * 2000 TAX WAS PAID 11NICE
=IRST PAYMENT WAS MADE BY CK #402903 - SECOND CK # NOT GIVEN)
*1 hereby apply for the refund of the above-descnbed taxes and certify that the information I have given on this
Step 4 form la true and correct to the best of m¥,tr~owledge and belief *
~i. lgn~re /'/ uate of appllcetlon ror tax retuna
Sign the form sign iI~k (,,.~ ..... .~' ,,~ /
/_
Any pemon who makes a false entry upon th*[t/'~rego~ng record shall be subject to one of the following penalties
v
1 Imprisonment of not more that the 10 yearn nor less than 2 years and/or a fine of not more than $5,000 or both
such fine and imprisonment, 2 Confinement ~n ja~l for a term up to I year or a fine to exceed $2 000 or both such
, set forth ~n Se~on 37 10, Penal Code
2
AGENDA INFORMATION SHEET l)at~ ..... ~
AGENDA'DATE June 5, 2001
DEPARTMENT Legal Department
CM/DCM/ACM Ed Snyder, Deputy C~ty Attorney
SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF
THE COURT IN CONDEMNATION PROCEEDING STYLED THE STATE OF TEXAS AND
CITY OF DENTON, TEXAS V RD M.~RTIN, CAUSE NO ED-2000-01212 1N AN AMOUNT
NOT TO EXCEED $24,535
BACKGROUND: On June 6, 2000, the C~ty Council passed Ordmance No 2000-197
authorizing the City to acqmre the subject property and to lnst~tute condemnation proceedings ff
necessary A Statement m Condemnatmn was filed w~th the Probate Court on October 17, 2000
The Spem~tl Comm~ssmners' heanng m th~s matter was held on May 11, 2001, and resulted m an
award of $24,535
OPTIONS: Pay Award of Specml Commissioners into the Registry of the Probate Court and
proceed with expansmn ofU S H~ghway 77 w~demng project
RECOMMENDATION: The Legal Department recommends the C~ty pay the award of the
Special Comm~smoners into the Regmtry of the Probate Court
PRIOR ACTION/REVIEW (Council, Boards, Commissions). On June 6, 2000, by
OrdmaneelNo 2000-197, the C~ty Council found that a pubhc necessity existed and that pubhc
welfare and convemence reqmred the aeqms~tmn of real property title and interests for the
subject property
FISCAL ~NFORMATION' $24,535 00
Respectfully submxtted,
Deputy C~ty Attorney
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE
AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN
CONDEMNATION PROCEEDING STYLED THE STATE OF TEXAS AND CITY OF DENTON,
TEXAS V RD MARTIN,, CAUSE NO ED-2000-01212 IN AN AMOUNT NOT TO EXCEED
$24,535, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the Award of Special Commissioners m condemnation proceedang styled
The State ,of Texas and the C~ty of Denton, Texas v RD Mart~n, Cause No ED-2000-01212
pending m the Probate Court of Denton County, Texas m the amount of $24,535 ~s hereby
authonzedlto be prod into the Registry of the Probate Court
SECTION 2 That this ordinance shall become effective ~mmed~ately upon its passage and
approval
PASSED AND APPROVED fins the day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
BY
AGENDA INFORMATION SHEET
AGENDA DATE June 5,2001
DEPARTMENT Legal Department
CM/DCMJACM Ed Snyder, Deputy City Attorney
SUBJECT' AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF
THE COURT IN CONDEMNATION PROCEEDING STYLED THE STATE OF TEXAS AND
CITY OF DENTON, TEXAS V TEX MORGAN MARTIN, CAUSE NO ED-2000-01211 IN AN
AMOUNT NOT TO EXCEED $39,900
BACKGROUND: On June 6, 2000, the Ctty Council passed Ordinance No 2000-195
authonmng the C~ty to acqmre the subject property and to ~nst~tute condemnation proceedings ~f
necessary A Statement m Condemnation was filed w~th the Probate Court on October 17, 2000
The Specml Commissioners' heanng m th~s matter was held on May 1 I, 2001, and resulted ~n an
award of $39,900
OPTIONS: Pay Award of Specml Commissioners into the Regmtry of the Probate Court and
proceed w~th expansmn ofU S H~ghway 77 w~demng project
RECOMMENDATION' The Legal Department recommends the C~ty pay the award of the
Special Commissioners ~nto the Registry of the Probate Court
PRIOR ACTION/REVIEW (Council, Boards, Comm~aslOnS)' On June 6, 2000, by
Ordinance No 2000-195, the C~ty Councd found that a public necessity existed and that pubhc
welfare and eonvemence reqmred the acqmsmon of real property title and ~nterests for the
subject property
FISCAL INFORMATION. $39,900 00
Respectfully submitted,
Ed Snyder
Deputy C~ty Attorney
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHOPJZING PAYMENT OF THE
AWARD,OF SPECIAL COMN~SSIONERS INTO THE REGISTRY OF THE COURT IN
CONDEMNATION PROCEEDING STYLED THE STATE OF TEXAS AND CITY OF DENTON,
TEXAS V TEX MORGAN MARTIN, CAUSE NO ED-2000-01211 IN AN AMOUNT NOT TO
EXCEED $39,900, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the Award of Special Commissioners ~n condenmat~on proceeding styled
The State of Texas and the C~ty of Denton, Texas v Tex Morgan Martin, Cause No ED-2000-01211
penchng m the Probate Court of Denton County, Texas ~n the amount of $39,900 ~s hereby
authorized to be prod ~nto the Regmtry of the Probate Court
SECTION 2 That flus ordinance shall become effectave munechately upon ~ts passage and
approval
PASSED AND APPROVED flus the day of ., 2001
ELrLINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
AGENDA DATE: June 5, 2001
DEPARTMENT: Utility Department
CM/DCM/ACM: Howard Mart~n, ACM/Utlht~es 349-8232
SUBJECT
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING ON
THE NORTH SIDE OF SPENCER STREET BEGINNING 3078 FEET EAST OF
WOODROW LANE AND EXTENDING 645 FEET EAST TO A POINT 2821 FEET
WEST OF LOOP 288; PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $ 200
FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR PUBLICATION
BACKGROUND
The Spencer Oaks Apartment Complex on the south s~de of Spencer has more residents and
v~s~tors than parkang spaces, The overflow parlang ~s coming out on to Spencer Road where the
vehicles park w~th their back end st~ck~ng anto the roadway Th~s creates safety ~ssues ~nclud~ng
w~dth restnct~on for citizens and C~ty of Denton employees travehng on Spencer Road We
receaved complmnts from both groups The Power Plant, Electnc D~stnbut~on, and the Water
Plant are all located at the Spencer Complex Building Inspections ~s working w~th the
Apartments to expand their parkang as they have available space
OPTIONS 1
1 Approve the Ordinance
2 Deny the Orchnanee
3 Postpone and request ~nfonnat~on
RECOMMENDATION
Approve the ordinance
ESTIMATED SCHEDULE OF PROJECT
The s~gns can be placed w~th~n one week of approval of the ordinance by City Council
PRIOR ACTION/REVIEW (Council, Boards, Comm~ssmns)
Traffic Safety recommended approval to C~ty Council on February 5,2001
FISCAL INFORMATION
Cost of the s~gns w~ll be less than $300
Respectfully submitted
Howard Mart~n
Assistant C~ty Manager for Uttht~es
/,~epared by
/,/Jerr~lark ]
~Ass~tant D~rectot of Streets, Drainage and Traffic
2
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING ON THE
NORTH SIDE OF SPENCER STREET BEGINNING 3078 FEET EAST OF WOODROW
LANE AND EXTENDING 645 FEET EAST TO A POINT 2821 FEET WEST OF LOOP 288,
PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS
ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR
PUBLICATION
THE CITY COUNCiL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 When s~gns are erected g~v~ng not~ce thereof, ~t shall be unlawful for any
person at any t~me to stop, stand, park, or leave standing any vehicle on the north s~de of
Spencer Road from 3078 feet east or,ts intersection w~th Woodrow Lane for a d~stance 645 feet
east to a point 2821 feet west or,ts intersection with Loop 288 It shall also be unlawful to park
on the nght-of-way of tbas pomon of Spencer Road
SECTION 2 An md~mdual adjudged gmlty of the provmlons of th~s ordanance shall be
gmlty of a tmsdemeanor and pumshed by a fine not to exceed Two Hundred Dollars ($200 00)
SECTION 3 That ttus ordinance shall be cumulative of all other ordinances of the C~ty
of Denton and shall not repeal any of the prowsmns of smd ordinances except in those ~nstances
where provisions of those orthnances are m d~rect conflmt w~th the provisions of th~s ordinance
SECTION 4 That ~f any section, subsection, paragraph, sentence, clause, phrase or word
~n th~s ordinance, or apphcat~on thereof to any person or circumstance ~s held mvahd by any
court of competent junsthct~on, such holding shall not affect the validity of the remalmng
portions of tl~s ordinance, and the City Council of the City of Denton, Texas hereby declares ~t
would have enacted such remmmng pomons despite any such mvahd~ty
SECTION 5 That tlus ordinance shall become effective fourteen (14) days from the date
of ~ts passage, and the City Secretary ~s hereby darected to cause the captmn of th~s orchnance to
be pubhshed twine m the Denton Record-Chromcle, the officml newspaper of the City of
Denton, Texas, w~thm ten (10) days of the date of ars passage
PASSED AND APPROVED tlus the day of ,2001
EUL1NE BROCK, MAYOR
3
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
4 Page 2
Traffic Safety Commission - February 5, 2001
Page 7~ of 10
~ose said the nght-~n only tum would probably work, b~ he
hke to see how that works so people wouldn't be I to
~ut the turn-in only F~schler sa~d certain meas can be
des~ into the turn to d~scourage the out movel such as
traffic ~1 measures, raised pavement s~gnage,
but s people wdl st~ll go out an ~n-on Walters
asked drive was from the Foose sa~d ~t was
not much There ~s a httle more r y there, but
basically the drive ht ~nto the pa( Sawko sa~d Isn't
there a deceleration into th Flschler said It Is
designed w~th a 50 a 90 feet transition, per
C~ty standards
Cheek sa~d she didn't know ss would operate w~thout
access Lesko Sawko sa~d w~th
the nght-m only, peo come ~n ~e business, but would
have to go out one, rays
HJII withdrew motion and ,lthdrew h~s
second so another
month a motion to table ;e
reques~ the motion The motl6n passed
Jsly Sawko noted to the developer that ~f the
Commission approves the variance, ~t doesn't mean that the
C~ty Council wEI approve ~t
ITEM #3 Review and Consider Approval of an Ordinance Proh~b~bng
Parking In the R~ght of Way on the north side of Spencer Road
for a D~stance of 645 feet located 3078 feet from Woodrow
Lane and 2821 feet from Loop 288
Clark said th~s area ~s opposite Spencer Oaks Apartments, located
between Spencer and Woodrow Lane Spencer Oaks Apartments
does not have enough parking for ~ts ws~tors They are trying to
work out a compromise w~th Budding Inspecbons for more parking
Spencer Oaks wants to use crushed rock and the C~ty requires
hard surface parking In the meantime, cars have been parking
along the right-of-way of Spencer Road, making ~t d~ff~cult for traffic
to move along Spencer The "No Parking" Is for a distance of 645
feet Staff tned putting s~gns out, hoping the problem would go
away, ~t d~dn't so staff ~s asking for the ordinance
Staff is recommending prohibition of parking on the north s/de of
Spencer Road In the right-of-way directly across from the entrance
to Spencer Oaks Apartments
4
Traffic Safety Commission - February §, 2001
Page 8 of 10
Smith asked ~f parking was allowed on the south s~de of Spencer
Clark said ~t ,s a two-lane rural secbon, which should not have
parking anywhere on ~t Staff could possibly put up "No Stopping
On Pavement" s~gns Th~s works well ~n urban areas, but not very
well m rural In order for the pohce to be able to enforce It, staff ~s
asking for a no parking ordinance Smith sa~d, so there would be
no parking on both sides of the street Clark said the south s~de
has been perimeter paved w~th curb so no one can park on that
s~de H~II sa~d when anyone tnes to park on the north s~de ~t
becomes very dangerous to traffic trying to pass
Walters asked If there was anyone speaking for or against the
ordinance No one came forward The session was closed to the
pubhc
Hill made a motion to approve the no parking on Spencer
Sawko seconded the motion The mobon passed
unanimously
ITEM #4 Review and consider approval of a handicap.pa uest
for Ke~Rasch, 1908 W Hickory
Clark sa~d occ'as~nally there is a home in of
parking, by assocPa~e.d uses ~n th~s case which blocks the
ab~hty to get to the s~d~w, alks Usuali' r~ere ~s a hand~capped
person that needs to be able hft down from their van and
clearly get the van to the that's what ~s happening at
1908W H~ckory Mr Rasch' ut of town and unable to attend
tonight's meeting The har ~erson is his brother Their
mother was w~lhng and speak Yf'n..ecessary, but she ~s the
careglver for the bi ~ would have h'~o get extra help to
care for him iff need of th~s req..u..e..s~ enough that
she d~d not ,~ make the choice of leaving the ~ther
unattended ff checked w~th Building Inspecbons, ~ ~t doesn't
requtre a Staff w~ll monitor th~s request It w~ll be reh~oved
when ~t ~s no longer needed The parking space ~s 20 feet, ahd Is
40 feet east of the mtersecbon w~th the east curbhne of M~ller
Street
Staff recommends approval of the handrcapped parkrng space for
as Ion,q as rt rs needed It wrll be removed when rt rs no Ionqer
needed
5
AGENDA INFORMATION SHEET ~,~t~ __~~_
AGENDA DATE. June 5, 2001
DEPARTMENT' Ut~hty Department
CM/DCM/ACM' Howard Martin, ACM/Utd~t~es 349-8232 ~
SUBJECT
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON
THE EAST SIDE OF CEDAR STREET BEGINNING SEVENTY-FIVE FEET NORTH
OF THE NORTHERN CURB OF WALNUT STREET AND EXTENDING NORTH ON
CEDAR STREET FOR TWENTY-TWO FEET, PROVIDING A SAVINGS CLAUSE,
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS, AND DECLARING AN EFFECTIVE DATE
BACKGROUND
Tlus request was made ~n coordination with the remodehng of the Old Russell Bmldlng, 209 W
Hmkory The new owner, Wraymon I-I~11 and Associates, has asked that th~s area which is
d~rectly ~n f~ont of the mmn entrance off Cedar w~ll prowde emergency access, safe pedestrian
access and show clearly where the focal point of the building ~s located
OPTIONS
1 Approve the Ordinance
2 Deny the Ordinance
3 Postpone and Request further mformat~on fi.om staff
RECOMMENDATION
Approve the Ordmance
ESTIMATED SCHEDULE OF PROJECT
The No parking designation will be pmnted and signed w~tlun one week of approval The
bmldmg ~s neanng completion
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Traffic Safety recommended approval to the Cxty Council unanimously on December 18,2000
FISCAL INFORMATION
Cost of the stgns and patnt ts estimated to be less than $300
Respectfully submitted
Howard Martin
Assistant C~ty Manager for
UUht~es
Prepared by
2
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING ON THE
EAST SIDE OF CEDAR STREET BEGINNING SEVENTY-FIVE FEET NORTH OF ITS
INTERSECTION WITH WALNUT STREET AND EXTENDING NORTH OF TWENTY-
TWO FEET, PROVIDING FOR A SEVBRABILITY CLAUSE, PROVIDING FOR A
SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR
VIOLATIONS OF THIS ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE, AND
PROVIDING FOR PUBLICATION
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 When signs are erected g~vmg notme thereof, it shall be unlawful for any
person at any time to stop, stand, park, or leave standing any vehicle on the east mdc of Cedar
Street from 75 feet north of its mtersectton wlth Walnut Street and extending north 22 feet
SECTION 2 An mdlmdual adjudged gmlty of the proms,ohs of fins ordinance shall be
gmlty of a misdemeanor and pumshed by a fine not to exceed Two Hundred Dollars ($200 00)
SECTION 3 That fins ordinance shall be cumulat,ve of all other ordinances of the City
of Denton and shall not repeal any of the prowslons of smd ordinances except m those instances
where promslons of those orchnances are m direct conflmt wlth the provmlons of fins ordanance
SECTION 4 That if any section, subsecnon, paragraph, sentence, clause, phrase or word
m fins ordinance, or apphcataon thereof to any person or mrcumstance m held mvahd by any
court of competent junsdactlon, such holdmg shall not affect the vah~ty of the remaining
portluns of this orchnance, and the City Council of the City of Denton, Texas hereby declares ,t
would have enacted such remmmng pomons despite any such mvahdlty
SECTION 5 That fins ordinance shall become effecnve fourteen (14) days from the date
of its passage, and the City Secretary m hereby directed to cause the caption of this ordinance to
be pubhshed twice m the Denton Record-Chromcle, the official newspaper of the City of
Denton, Texas, wafinn ten (10) days of the date of,ts passage
PASSED AND APPROVED fins the day of ., 2001
EULINE BROCK, MAYOR
3
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
4 Page 2
mH~--i~--~i ~ ~4 ~Nb ~ TR~NS ~40 349 8~6
Page 2 of 4
Chairman Walters asked ~f anyone wanted to speak for or against the
loading zone
Hudspeth, Valley V~ew, TX, came forward to address the
She represents Ash Properties, the Texas
zone Is so
in wheelchairs w~ll have unload
the The parallel parking on too dangerous for
people Also, th of Denton has several
offices and ~eople such as FedEx, UPS,
etc use the space tot kept =ied so ~t will be available for
dehvenes Hudspeth had the space for 24 years and ~t
is ~mportant to them
was ~n u~24 hours a day After hours was
~t used as a ? Hudspetl~.a~d the space was used as a
loading zone alii They have seveh~ businesses that work late
at night all loading zones are u~,~,,,.as loading zones 24
Ridens mede s motion to approve the loadi~ zone on the
southwest corner of Pecan and Locust Lesko seconded the
motion, The motion passed unanimously
ITEM #3 REVIEW AND CONSIDER APPROVAL OF A REQUEST FOR NO
PARKING ON THE EAST SIDE OF CEDAR STREET, A DISTANCE
OF 75 FEET FROM THE EDGE OF WALNUT STREET AND
EXTENDING A DISTANCE OF 22 FEET THE ADDRESS OF THE
BUILDING IS 209 W HICKORY
Clark sa~d this Is the old Russell building and ~s being renovated It Is a
long, narrow building and access is needed on the side of the building
facing Cedar Street If the Commission approves th~s request, staff w~II
measure the exact d~stance The 75 feet is an approximate measure
due to construction, which ~s almost completed This is an excellent
addition to the Square and w~ll further ~ts improvement
Staff recommends the no parking on the east side of Cedar Street at
209 W Hlgko/v for a distance of 22 feet ~ta~t~ng ao~rox~metelv 75 feet
frown Walnut
B~esell asked If this no parking would be permanent Clark sa~d
yes It Is being asked for to allow access to the entrance of the
building by customers and emergency vehicles Hill asked ~f the
entry was go~ng to be on the west s~de Clark sa~d that w~ll be one
of them Sawko asked how many parking spaces would be
Tr~c 8~f~(y ~omml~on - ~c~mber 18, 2000
Page 3 of 4
removed Clark said one R~dens asked ~f the space would be
avadable for theater parking at night Clark sa~d no, as them would
be customers from the ms~urant and tenants using the entrance at
night
Cha~an Waltem asked If them was anyone speaking for or
against the proposal
Wraymon Hdl of Wmymon H~[I & Associates, Ft WoAh, TX, ~me
fo~ard to address the Commlsslon He sa~d the mare mason for
the request Is for safety He ~s planning to put some lights on that
side of the building, but the ama is a I~Ble desolate and the tenants
would feel mom comfoAable with an open area so they could see
as they enter and exit the budding Also, emergency vehicles
would have beEer access to the budding w~th an open space there
Monfic~no ask~ how many apaAments were m the budding Hdl
said there are 3 apaAments upstairs The entrance for the
restaurant ~s on the ~mer of Cedar and Walnut Fred Hill asked ~f
the entrances were being changed H~ll said yes, except for the
mtad atoms They w~ll remain on Hicko~ Monbcmo asked if them
would be a leading zone forthe restaurant Hdl sa~d no Sawko
asked if H~II would be requesting a loading zone later Hdl sa~d no
Bissell asked what was the d~fference m a loading zone and a no
parking zone Clark said no parking zones only allow parking for a
few minutes where loading zones allow parking for a lot longer
penod of t~me, as m unloading a truck
Monticlno made a moEon to approve the request for no
parking on the east aide of Cedar Street, a d~stance of 75 feet
from the edge of Walnut Street and extending a d~stance of 22
fee~ Sawko seconded the moron The mobon passed
unanimously
ITEM ~4 REVIEW~ND CONSIDER APPROVAL OF A LOAJ3tNG ZONE FOR
TRA_C LA'BO.I~.ATORIES LOCATED AT ~ W, OAK THE
LOAD_IN? ZONE'W~LD EXTEND 22 F~..~-~FROM THE POINT OF
CUnR~VmA.TURE AT TI'~m~H~-Sl~ CORNER OF OAK AND
CEDAR:. ~
Clark sa~d Trac Labor~.mZO?lea has been ~n~m~.ness at 215 W Oak for
20 years The~ve been able to operate"~..20 years, but the
Squar~e outside edges a~f~ng up due to
TOTRL P 03
Dc~gn ~ufld Develop
No5 ember 30, 2000
Dear Traffic Safety Commlssu~n,
We respe¢:ffflly request the ad'trt~on ora no parking zone at 209 W t-hckory along the
side of the bulldmg facing Cedar St m dov,'nto~vn Denton We are currently renovating
thc structure for retail, restaurant and apartment use x~ath emergency e,qts being located
at file center of Lhe building alongside Cedar /he open space of the no parking zone will
help to ensure quick egress and be~er visibility for safer) when exiting the building Due
to the many uses of the building, for residents, employees and citizens alike, w~ believe
thas addllaon ~va]l allow for a more timely, exit in an emergen¢~ situation
Th ~k you for y. o ur coilslderatl on in flu s matter,
Wraymou I-Idl
~,Vra)'mov. Hill ~, As~octates
~7~8 Fo,~nc Kd Fc LUo.~ 'T~ ?GIIG
~Jl~-~am
7
9
AGENDA DATE: June 5, 2001
DEPARTMENT: Ut~ht~es
CM/DCM/ACM: Howard Martin, ACM/Ufiht~es 349-8232
SUBJECT
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING MOTOR
VEHICLES AND TRAFFIC; AMENDING SECTION 18-109 TO ADD A DISABLED
PARKING SPACE ON WEST HICKORY STREET AND TO REMOVE A DISABLED
PARKING SPACE ON ROBERTS STREET BECAUSE IT IS NO LONGER NEEDED,
PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY NOT TO BE LESS THAN $ 250 OR MORE
THAN $ 500 FOR VIOLATIONS OF THIS ORDINANCE, PROVIDING FOR AN
EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION.
BACKGROUND
Tins request ns from the current resident at 1908 W Hickory The ability to get safely to a
parking space is lmalted by overflow parlong fi:om UNT students The ordinance also removes an
old space at 718 Roberts where the dxsabled resident has moved
OPTIONS
1 Appprove the Ordinance
2 Deny the Ordinance
3 Postpone, Request further mformataon
RECOMMENDATION
Approve the Ordinance
ESTIMATED SCHEDULE OF PROJECT
The signs and markings will be m place wltinn one week of the ordinance bemg approved The
disabled resident has been patiently wmtmg as tins request goes through our system
PRIOR ACTION/REVIEW (Council, Boards, Comm~ssmns)
Traffic Safety recommended approval of the ordinance to C~ty Council unanimously on February
5, 2001
FISCAL !INFORMATION
Estzmated cost ,s less than $300 to install the zone
Respectfully submitted
Howard Mart~n
Asmstant C~ty Manager for
Ut~htaes
Prepared by
/erry~la~k
/Asmstant D~rector of Streets, Drmnage, and Traffic
/
2
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING MOTOR
VEHICLES AND TRAFFIC, AMENDING SECTION 18-109 TO ADD A DISABLED
PARKING SPACE ON WEST HICKORY STREET AND TO REMOVE A DISABLED
PARKING SPACE ON ROBERTS STREET BECAUSE IT IS NO LONGER NEEDED,
PROVIDING FOR A SEVERABILITY CLAUSE, PROVDING FOR A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY NOT TO BE LESS THAN $250 OR MORE THAN $500
FOR VIOLATIONS OF THIS ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE,
AND PROVDING FOR PUBLICATION
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 That Section 18-109 of the Code of Ordanances shall be amended by
deletmg the current Sectaon 18-109(a)(19) whach reads as follows
(19) One (1) parallel parking space on the south side of Roberts Street at 718 Roberts
Street
SECTION 2 That Section 18-109 of the Code of Ordanances shall be further amended
by addang a new Seclaon 18-109(a)(19) to read as follows
(19) One parkang space on the north side of Hackory Street, forty (40) feet east of ars
intersection with the east curb lane of Miller Street
SECTION 3 An mdamdual adjudged gmlty of any of the provmaons of thas ordanance or
of any po~on of Section 18-109 shall be gmlty of a masdemeanor and pumshed by a fine not less
than Two Hundred-Fifty Dollars ($250 00) and not more than Five Hundred Dollars ($500 00)
SECTION 4 That [bas ordinance shall be cumulative of all other ordinances of the City
of Denton ~and shall not repeal any of the provasaons of said ordmances except an those anstances
where provasaons of those ordanances are an darect conflact wath the provmlons oftlus ordinance
SECTION 5 That if any sectton, subsectaon, paragraph, sentence, clause, phrase or word
m thas ordinance, or applacatlon thereof to any person or camumstance as held anvalad by any
court of ~ompetent junsdactlon, such holding shall not affect the valadaty of the remaimng
portaons of flus ordinance, and the City Councal of the City of Denton, Texas hereby declares it
would have enacted such remaimng portions despate any such mvaladaty
SECTION 6 That this ordanance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the captaon of this ordinance to
be published twace an the Denton Record-Chromcle, the officaal newspaper of the Caty of
Denton, Texas, w~thm ten (10) days of the date ofats passage
PASSED AND APPROVED thru the day of 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PKOUTY, CITY ATTORNEY
4 2
Trafftc Control SOl Texas S~-eet, Denton, TX 76201 (940) 349-8462 Fax (940) 349-7307
Memo
From: Jack O R~chards~l'raflic Manager, Traffic Control \
Date=. 1/22/01
Re: Rev;ew and consider approval of a hand~cap parking request for Kev~n Rasch,
1908 W H~ckory
Kewn Rasch of 1908 W Hickory has requested a handicap-parking zone In front of his
residence University of North Texas student parking ~s preventing h~m from Ioad~ng
and unloading his brother in front of his house The best way for h~m to load ~s to pull so
h~s wheelchair lift on his van is even with his sidewalk
Greg M~tchell of Building Inspections advised the C~ty of Denton does not require an
ADA ramp for th~s parking zone and ~t Is not required or requested by the c~tlzen
The Texas Manual on Traffic Control Dewces does not cover special parking of this
manner
Mr Rasch has agreed to notify the City of Denton in the event his brother moves or the
handicap parking is no longer needed Staff also beheves ~f th~s ~s no longer needed by
the resident of th~s house the new resident would call and asked the parking zone be
removed
One parking space located on the North side of Hickory Street, forty (40) feet East of its
~ntersecbon w~th the east curbhne of M~ller Street
Staff recommends approval of th~s request
5 3
Trafftc Control 801 Texas Sb'eet, Denton, TX 76201 (940) 349-8462 Fax (940) 349-7307
Memo
To: Traffic Safety Co....m~/ee
From: Jack G Pachard o~raflic Manager, Traffic Control
Date.- 1/22/01
Re: Review and consider approval the removal of hand~cap parking 85-237 located at
718 Roberts Street
Th~s parking space ~s no longer required and the s~gn has been removed The
ordinance needs to be removed through formal Traffic Safety and C~ty Council action
4
AN ORDINANCE AMENDING SECTION 24-136 OF CHAPTER 24 OF THE CODE
OF ORDINANCES TO PROVIDE FOR AN ADDITIONAL PARKING SPACE FOR
DISABLED PERSONS ON ROBERTS STREET, PROVIDING FOR A PENALTY IN
THE NINIMUM AMOUNT OF $50 00 AND A MAXIMUM AMOUNT OF $200 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY OHDAINS
~ECTION I.
That Section 14-136(a) of Chap:er 24 of the Code of
Ordinances o~ ~he City of Denton, Texas is hereby amended by
adding a new numbered paragraph (16) ~o read as follows
(16) One (1) parallel parking space on :he south side of
Roberts Street at 718 Roberts Street
SECTION II
Any person adjudged guilty of parking e vehicle in violation
of this ordinance shall be gu£1:y of a misdemeanor and punished
by a fine of not less ehan Fifty Dollars ($50 00) nor more than
Two Hundred Dollars ($200 00)
SECTION III
That chis ordinance shall become effect:ye fourteen (14)
days from the date of £ts passage, and the City Secretary is
hereby directed go cause the caption of this ord:nance to be
published twice in the Denton Record-Chronicle, :he offic£al
newspaper of :he City of Denton, Texas, wi:bin :eh (10) days of
the dace of its passage
,
vCIT~ OF DE~TON, TEXAS
ATTEST
C~OTTE AL~EN, CITY SECRETARY
CITY OF DENTON~ T~S
APPROVED AS TO ~EG~ FO~
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
Traffic Safety Commission - February 5, 2001
Page 8 of 10
Smith asked if parking was allowed on the south side of Spencer
said ~t IS a two-lane rural secbon, which should not have
anywhere on ~t Staff could possibly put up
On ent" s~gns Th~s works well m urban ~ not very
well m in order for the pohce to be able ~t, staff is
asking for a ~rk~ng ordinance Smith there would be
no parking on ~des of the street
has been I: w~th curl one can park on that
s~de Hdl sa~d when an park on the north s~de ~t
becomes very dang
Walters asked ~f ther for or against the
ordinance No o~ ~ss~on was closed to the
pubhc
Hdl m, to approve the no 3encer
Saw The motion
unahlmously
ITEM #4 Review and consider approval of a handicap-parking request
for Kewn Rasch, 1908 W Hmkory
Clark sa~d occasionally there ~s a home ~n an area where lots of
parking, by associated uses m th~s case UNT, which blocks the
ab~hty to get to the s~dewalks Usually, there ~s a hand~capped
person that needs to be able to put the hft down from their van and
clearly get the van to the ramp, and that's what ~s happening at
1908 W H~ckory Mr Rasch was out of town and unable to attend
tonight's meebng The hand~capped person ~s his brother Their
mother was w~lhng to come and speak If necessary, but she ~s the
careg~ver for the brother and would have had to get extra help to
care for h~m Staff felt the need of th~s request was enough that
she d~d not need to make the choice of leawng the brother
unattended Staff checked wrth Building Inspections, and ~t doesn't
require a ramp Staffwdl monitor th~s request It wdl be removed
when ~t ~s no longer needed The parking space ~s 20 feet, and ~s
40 feet east of the ~ntersecbon w~th the east curbhne of Mdler
Street
Staff recommends approval of the hand~capped park~nq space for
as long as/t/s needed It will be removed when/t ~s no longer
needed
7
Traffic Safety Commission - February 5, 2001
Page 91of 10
Monbc~no asked ff the parking would be enforced by UNT, or the
City Clark sa~d the ordinance for UNT enforcement has been
pulled by UNT so the enforcement would be by the C~ty Monbcmo
asked ~f someone parked ~n the space w~th a hand~capped tag,
would they be allowed to park there Clark sa~d yes, and about the
only way to prevent other people from parking there would be to
~ssue a special hang-tag, I~ke the ones ~ssued for loading zones,
referencing the Rasch's van tag number Mont~c~no sa~d the
resident could call and make a complaint that someone was
parking ~n their space Clark said correct Smith asked could the
person load and unload on Mdler Street Clark sa~d there ~s no
s~dewalk on M~ller and also Mdler ~s a narrow two-lane street and ff
they stop there, they wdl be blocking the street Sawko asked ~f the
City could designate a pubhc area for pnvate use Clark said yes
Sawko made a motion to grant the handicapped parking
space Monticlno seconded the motion The motion was
passed unanimously.
ITEM #5 Review and consider approving the removal of a hand~cap
parking space, Ordinance 85-237 located at 718 Roberts Street
Clark said this parking space ~s no longer needed and needs to be
removed
Staff recommends removal of the hand~cap parking space at 718
Roberts Street
Cheek made a motion to remove the parklng space, and Lesko
seconded the motion The motion passed unammously
ITEM #6 GEI~ BUSINESS j
Cheek ask"ed~the traffic s~gnal at R. ya~ Rd and FM 2181 was
traff~,d ~t sh/.~d be on flash, late at n,ght
Sa~ hada pro..~:~., at Teasley and Wind R~ver The
slg~anged~d he'Cm~y had to turn anyway Clark sa~d
staff would che.~2'~ ut ~
Ch~t Nottingham and Hwy 380~ Clark sa~d there
wa~ when people were .~!ng left so staff
m~n phases That makes the"ttme between
10 8
215 E McKINNEY STREET, DENTON, TEXAS 76201 * (940) 349 8314 * FAX (940) 349-8596
OFFICE OF THE ASSISTANT CITY MANAGER - DEVELOPMENT SERVICES
MEMORANDUM
DATE June 1, 2001
TO: Mayor & City Council Members ~
FROM Dave Hill, Assistant C~ty Manager - Development Services' ,V r4
SUBJECT: Z. Ol-O004 BLAGG ROAD AGRICULTURAL ZONING
The zomng case Z-01-0004, for a 46-acre Blagg Road annexation property, is hsted on the June
5, 2001 City Council agenda Council was also scheduled to consider completion of the
annexation process (adoptmn of the annexation ordinance on 2na reading) on June 5th Five
Council members will attend the June 5th meeting, whmh ~s not sufficient to satisfy the super-
majority votmg requirement, so the 2nd reading of the Blagg Road aunexat~on ordinance has been
rescheduled to June 19th
Ordinarily, staff would reschedule the pubhc hearing and zoning consideration to co~nmde w~th
completion of the annexation, since citrus may not zone land outside their c~ty hm~ts The
required public hearing notices for the zomng case have already been sent out, and an courtesy to
the c~tlzens who may attend to present comments, staff suggests the following course of action
1. Keep Z-01-0004 on the Council agenda for June 5th,
2. Open the pubhc hearing to allow interested elttzens the opportumty to speak;
3. Contanue the public hearing to June 19th, and dechne to consider the zoning for
the property until after the annexation ordinance has been considered
If contmued to June 19th, the zomng pubhc heanng w~ll be reopened, and cmzens will again be
afforded the opportumty to speak if they missed the June 5th meeting
If you have any questmns regarding the suggested procedure outhned above, please g~ve me a
call
"Dedicated to Quality Serwce"
www cttyofdenton corn
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2001
DEPARTMENT' Planning Department
CM/DCM/ACM. Dave Hill, 349-8314 ~
SUBJECT - Z-01-0004 (BlaggRoadAnnexatton,4rea)
Hold a public heanng and consider adoption of an ordinance approving the request to zone
approximately 46 acres of land proposed to be annexed into the City (A-01-0002) to an
Agriculture (A) land use classification and zomng district The site is generally located on the
south side of Blagg Road, approximately 1000' west of Lakevlew Boulevard The Planning and
Zoning Commission recommend approval (7-0) (Z-01-0004)
BACKGROUND
The application is in conjunction with an involuntary annexation for the Blagg Road annexation
area (A-01-0002) to rezone the proposed property to an Agriculture (A) and zoning district Thc
site is undeveloped
~ The subject property ~s located m the Extratemtonal Jurisdiction of the City of Denton,
Texas and ~s unzoned at th~s time
~ Typically, the C~ty of Denton zones property that ~s annexed into the City L~mlts to an
Agriculture (A) land use classification and zomng d~stnct Notice was given that the site will
be placed unt~ally into an Agriculture (A) district and into a different zomng classification
upon adoption of the draft Development Code and draft Zoning Map
~ Fourteen (14) property owners were notified of the zoning request One (1) response in favor
of the request and three (3) responses in opposition to the request have been received In
addition, three (3) letters in opposition to thc request has also been received (See
Attachment 2)
OPTIONS
1 Approve as submitted
2 Approve with conditions
3 Deny
4 Postpone consideration
5 Table ~tem
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0) of this zoning request
ESTIMATED PROJECT SCHEDULE
None
PRIOR ACTION/REVIEW
The following is a chronology of Z-01-0004, commonly known as B lagg Road Annexation
Apphcat~on Date - January 10, 2001
DRC Date - January 18, 2001
P&Z Commission Date - April 11, 2001
FISCAL INFORMATION
Development of this property will ~ncrease the assessed value of the c~ty, county, and school
district It will require no short-term pubhc improvements that are the responsibility of the city
ATTACHMENTS
1 Location Map
2 Planmng and Zomng Commission Report, April 11, 2001
3 Plarmlng and Zomng Commission minutes from April 11, 2001
4 Draft Ordinance
Respectfully submitted
Director of Planning and Development
Prepared by
Beth Hudson
Planner I
2
ATTACHMENT 1
NORTH
Z-01-0004 (Blagg Road Annexation Area)
LOCATION MAP
Pg 3 Scale None
(~"" ~ Agenda Item ~
' ATEAC ['~'~t',~' 2 Date ~
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
TO PLUG ~ ZO~G CO~SSION
FROM BETH H~SON, PL~ I
S~CT' BLAGG RO~ ~ON ~ ZO~G
9 A - Cens~der and mk~ 8ct~ regardmg the mvolunta~ a~e~txon ~d se~me plan for
approximately 46 ams ~e stte ~s located m Denton's eastern Ex~a-temtonal
Junadm~on, on th, ~ou~ $~de of Blagg Road, approximately 1000' west of L~ewew
Boulevard A single fmfly sub&ws~on ~s proposed (A-01-0002, Blagg Road
~exat]on, Be~ H~on)
9,B - Hold a pubhc he~g W he~ pubhc comments reg~d~ng the proposed ~exat~on
~d proposed zoning w the A~cul~e (A) zoning &s~ct, ~smonmg W
Neighborhood Cent~ ~CR-6 and -12), upon adoption of the Development Code,
regarding ~e above ref~enced prop~ (Z-01-0004, Blagg Road Zoning, Beth
Hudson)
~L 11, 2001
Please fred attached a copy of the April 17, 2001 C~ty Council Staff Report relauve to the involuntary
annexauon and service plan for apprommately 46 acres of land The sate is located an Denton's eastern
Extra-temtonal Junschetmn, on the south stale of Blagg Road, approxamately 1000' west of Lakewew
Boulevard Staff recommends the Planning and Zoning Commasslon open the pubic heanngs for the
annexat~0n and zoning at the same t~me to receive comments and, after elosmg both public heanngs,
make s~arate motmns on the annexations and then the zoning case
Staff has recommended the proposed annexatmn property be zoned Agriculture (A), transmonmg to
Neighborhood Centers (NCR~6 and -12), upon adopt]on of the Development Code The Agriculture
zoning district ts the most restrictive dlsmct mad ~all preserve the general conditions of the sate, until the
City fmtshes the rezonmg efforts that m February, 2001 The Agriculture zoning district is
typacallylused as the first zoning district a property receives upon annexation into the mty hmats
Cay o£ Denton, ph..,.g and Development
221 N l~lm~ D~n~on, Texas 76201
www c~tyofd~toa corn
(940) 349 8350 f= (940) 349 ~07
AGENDA INFORMATION SHEET
AGENDA DATE: April 17, 2001
DEPARTMENT: Planning Department
CM/DCM/ACM: Dave I-~ll, 349-8314
SUBJECT - A-01-0002 (BlaggR~d.4nnexattonArea)
Hold the second of two pubhc heanng regarding the involuntary annexation and service plan for
approximately 46 acres of land in the eastern section of the City of Denton Extratemtonal
Junsdlctlon (ETJ) The s~te is generally located on the south side of Blagg Road, approximately
1000' west of Lakevlew Boulevard (A-01-0002)
BACKGROUND
An involuntary annexation proceeding is being considered by the City of Denton for the Blagg
Road annexation area (See Attachment 1) The first of two required public heanngs was held
dunng the Apnl 3, 2001, City Council meeting Dunng the meeting, City Council received
comments from surrounding neighbors In response to the comments regarding density through
zomng, City Council noted that zoning of flus property will take place at future meetings
Written e0mments received, prior to this heanng, are prowded (See Attachment 5)
City Council will conduct the second of two reqmred pubhc heanng on April 17, 2001, to hear
public comments and take actmn regarding the proposed annexation and serwce plan As
indicated m the Annexation Schedule (See Attachment 2), the first reading of the Blagg Road
annexation ordinance xs scheduled for May 5, 2001, and the second reading ~s scheduled to occur
on June 5, 2001 Both readings of the orchnanee require super-majority adoption by City
Council as per Cl~y Charier reqmrements
SERVICE PLAN
As per state law, a service plan has been prepared and made avmlable for pubhc inspection (See
Attachment 3) Because the area to be annexed contoans one abandoned house, immediate
demand for services xs low Future development of the 46 acre tract is anticipated to use only 41
acres of bufldable land, mkmg into account approximately 5 acres of Environmentally Sensitive
Area The annexed tract will be entitled to city pohce protection, fire protection and prevention,
emergency medical serwce, sohd waste collection, maintenance of roads and streets, library
services, code enforcement, bmldmg inspections and consumer health services, and planning and
development services upon the effective date of the annexation
OPTIONS
1 Maintain land area
2 Delete land area
3 Amend Service Plan
4 Deny
RECOM~I~NDATION
Staff recommends that the annexation process proceed as scheduled Staff recommends approval
of the Service Plan
ESTIMATED PROJECT SCHEDULE
Council is scheduled to hold the first reading of the annexation ordinance on May 15, 2001 and
consider adoptmn of the annexation ordinance at the second reading on June 5, 2001
PRIOR ACTION/REVIEW
The issue of annexation of tbas area~as first rinsed as a result of the property owner's
representative requesting ~nformatlon on development regulations for the subject property A
concept plan was presented to staff, showing 142 res~dentml lots, w~th approximately 10,000
square feet per lot As tins property ~s located in the ETJ, development would be subject to only
the City's subchv~smn regulattons, but not any zomng regulations
The following is a chronology of A-01-0002, commonly known as Blagg Road Annexation
Imtml Contact Date - December 13, 2001
Pre-Design Apphcat~on Date - January 8, 2001
City Council W/S Date - January 9, 2001
DRC Date - January 18, 2001
Petmon filing Deadline - March 26, 2001
Cxty Councd Date - Apnl 3, 2001
P&Z Comnussmn Date - Apnl 11, 2001
FISCAL INFORMATION
Development of fins property will increase the assessed value of the c~ty, county, and school
district It wrI1 reqmre no short-term pubhc ~mprovements that are the responsibility of the c~ty
ATTACI-EVIENTS
1 Location Map
2 Annexation Schedule
3 Servlce Plan
4 Wntten Comments
Respectfully submitted
Douglas S Powell, AICP
Director of Planmng and Development
Prepared by
Beth Hudson
Planner I
ATTACHMENT 1
A-01-0002 (Blagg Road Annexation) NORTH
LOCATION MAP
Pg 7 Scale. None
ATTACHMENT 2
ANNEXATION SCHEDULE
for the Blagg Road Annexation Area
Fnday, March 1, 2001 Involuntary Annexabon Petlbon filed, Annexabon Study & Service
Plans drafted, 30 day notice of intent to annex sent to the property
owner and each pubhc enbty or private entity that prowdes services
in the area
Fnday, MarCh 16 Annexat?on Servme Plans completed
Wednesday, March 14 Not~ce sent to be published on Saturday, March 17 on C~ty
Webslte and ~n Denton Record-Chromcle for C~ty Council's first
pubhc hearing
Friday, March 16 Property owner notices and Posting of s~gns
Monday, March 26 Deadline for receipt of petitions for opposition (10 days after
notice)
Tuesday, April 3 City Council conducts first public hearing
Wednesday, March 28 Notice sent to be published on Sunday, Apnl 1 on C~ty
Website and in Denton Record-Chronicle for Planning and Zomng's
pubhc hearing on annexation and zomng and for second C~ty
Council public hearing on annexation and zoning
Wednesday, April 1'1 Planning and Zoning Commission's public hearing to consider
making a recommendation to the City Council regarding the
proposed annexation and the proposed zoning
Tuesday, April 17 City Council conducts second public hearing
Sunday, April 29 Annexation ordinance published on City Webslte and m Denton
Record-Chronicle
Tuesday, May 15 First reading of annexation ordinance - C~ty Council by a four-
fifths vote Institutes annexation proceedings
Tuesday, June 5 Second reading and adoption of the annexation ordinance and
zoning ordinance - C~ty Council by a four-fifths vote takes final
action
8
ATTACHMENT 3
CITY OF DENTON ANNEXATION PLAN FOR
A-01-0002 (BLAGG ROAD)
I AREA ANNEXED
The annexation area is located in the eastern portion of Denton's Extratemtonal
Jurisdiction and eontmns approximately 46 acres along the south side of Blagg Road
approximately 1,000 feet we~st of Lakevlew Boulevard The annexation site is found
south of Blagg Road, approximately 1000' west of Lakevlew Boulevard
II. INTRODUCTION
Tlus service plan has been prepared in accordance with the Texas Local Government
Code, Sections 43 021, 43 065, and 43 065Co)-(o) (Vernon 1999, as mended)
MUmclpal faclhtles and serwces to the annexed area described above will be provided
or made avoalable on behalf of the City in accordance w~th the following plan The
City shall prowde the annexed tract the levels of service, infrastructure, and
infrastructure maintenance that are comparable to the levels of service, infrastructure,
and infrastructure maintenance available m other parts of the city with smular
topography, land uso, and population density
III AD VALOREM (PROPERTY OWNER) TAX SERVICES
A Pohee Proteetaon, Code Enforcement, and Ammal Control
Pohee service, including patrolhng, response to calls, and other routine
functions, wall be prowded to the property upon the effective date of the
annexataon using existing personnel and equipment Code enforcement and
ammal control services wall also be provided to the property upon the
effective date of the annexation
B F~re Protection
Fire protection (within the lmnts of exxstmg hydrants) and emergency medical
services wall be provided to the property upon the effective date of the
annexation The City of Denton will provide emergency Medxcal services,
("EMS")
C Road and Streets
Roads and streets, wluch have been properly platted, duly dedxeated, and
accepted by the City of Denton and/or Denton County shall be maxntamed by
the City of Denton on the effective date of the annexation New traffic control
dewees wall be installed as approved by the Denton City Council Installation
and m~untenanee of street signs, street hghtmg and traffic control devices will
be m0antamed by the City of Denton on the effective date of the annexation
C Parks and Recreation Facilities
Parks and recreational facilities m thc area to be annexed will be§m upon the
effective date of the annexation accordmg to the 2000 Parks and Recreation
Master Plan No parks are currently located w~tlun the proposed annexation
area Denton neighborhood park facilities are the wluch are located within
reasonably close distance of the proposed annexation area Residents of the
proposed annexataon area will be able to use exlstang City of Denton park and
recreation faclhtles and programs
D Library Servaees.'
Library services will be made available on the effective date of the annexation
on the same bas~s and at the same level as slmalar hbrary facilities are
maintained throughout the city
E Building Inspections and Consumer Health Services
Bmldmg inspections and consumer health services roll be made available on
the effectxve date of the annexation on the same basas and at the same level as
smular facilities are maintained throughout the City Both serwees are
provided on a "cost recovery" basas, and permat fees offset the costs of
services delivered Incomplete eonstructmn must obtam bmldmg permits
from the Buflchng Inspeetwns Department of the Cxty of Denton
F Planmng and Development Services
P1anmng and development services wall be will be made available on the
effective date of the annexation The Planning and Development Department
currently services flus property by way of admnustratlon of Chapter 34 of the
Code of Ordinances, eoncermng subdivision and land development
regulations
Cxty Council adopted The Denton Plan, the c~ty's 1999-2020 comprehensive
plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan
addresses both land m the city and its ETJ, and the subject tracts contain a
Commumty M~xed Use Center, Neaghborhood Centers, Existing
Neighborhoods / Infill Compat~bflaty Areas, and 100 Year Floodplain /
Enwroumentally Sensitive Areas The Denton Plan designates future land uses
to manage the qualaty and quantaty of growth by orgamzang the land use
pattems, by matclung land use intensity with available infrastructure, and by
preserving floodplaans as enwronmental and open space corridors The Denton
Plan wall be used as a basas for final zomng classaficat~ons at~er the propertaes
are annexed
IV UTILITY (RATEPAYER) SERVICES
A Solid Waste Collection
The City of Denton ~s the exclusive residential and commercial sohd waste
service provader an the City The Department as an entarely fee based
10
operation and received no resources fi.om taxes Sohd waste collection
service will be provided to the property upon the effective date of the
annexation using existing personnel and equipment Residents have the
option to choose between a private company or service with the City of
Denton The City of Denton Solid Waste Department will honor existing
contracts w~th private sohd waste service providers ai~er the effective date of
tl~s annexation in accordance with Texas Local Government Code, Section
43 056(o) (Vernon Supp 2000) To receive solid waste collection service, the
customer must contact the City of Denton Customer Service Office and
subnnt a request/app~llcatlon for service Currently the site contmns one
vacant residential structure
B Water/Wastewater Faclhtles
M~untenance of water and wastewater facilities in the area to be annexed that
are not within the service area of another water or wastewater utihty will
begin upon the effective date of the annexation using emstmg personnel and
eqmpment Currently, the area to be annexed is provided with a pnvate water
well and a pnvate wastewater system No City of Denton water or wastewater
lines exist m the annexation area The City shall provide a level of water and
wastewater serwce, mfi.astructure, and mfi.astructure maintenance that is
comparable to the level of services, infrastructure, and lnfi.astructure
mmnt~nance avmlable m other parts of the city with topography, land use, and
population density s~mflar to those reasonably contemplated or projected in
the area
C Dramage Services
Drainage mmntenance will be proxaded to the property upon the effective date
of the annexation The City shall proxnde a level of drmnage services,
mfi.astmcture, and infrastructure mmntanance that is comparable to the level
of services, mfi.astructure, and mfi.astmcture maintenance avmlable m other
parts of the city w~th topography, land use, and population density s~mflar to
those reasonably contemplated or projected m the area
D Electrical Services
Denton Mumclpal Electric is certified by the State and is obhgated to provide
electric utility service to the annexation area should a request be made by a
property owner Electric utihty service will be made avmlable on the effective
date of the annexation on the same bas~s and at the same level as similar
facflxties are mmntmned throughout the city Denton Mumclpal Electric is the
current electric service provider for this site
V OTHER SERVICES
Other services that may be prowded by the City, such as mumelpal and general
admunstrat~on will be made available on the effective date of the annexation The
11
City shall provide a level of services, Infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and mfiastmcture
mmntenance avmlable in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected in the area.
VI CAPITAL IMPROVEMBNTS PROGRAM (CIP)
Construction of addlttonal water, sewer, street, and drainage facilities yell begin
within two and a half (2 ~A) years unless certain services can not be reasonably
provided within that period If certmn services can not be reasonably prowded, the
City will provide those serm~ces within four and a half (4 ~A) years after the effective
date of the annexation unless the construction process Is Interrupted by circumstances
beyond the control of the City Construction of other capital improvements shall be
considered by the City as the needs dictate on the same basis as such capital
improvements are considered throughout the City
VII UNIFORM LEVBL OF SERVICES MAY NOT BE RBQUIRED
Nothing in flus plan shall reqture the City to provide aumfonn level of full municipal
services to each area of the City, Including the annexed area, if different
characteristics of topography, land use, and population density are considered a
sufficient basls for prowdmg different levels of service
VHI TERM
TtUs service plan shall be valid for a term often (10) years Renewal of the service
plan shall be at the discretion of City Council
IX AMBNDMBNTS
The service plan may be amended if the City Council determines at a pubhc hearing
that changed condttlons or subsequent occurrences make tlus sermce plan unworkable
or obsolete The City Councll may amend the service plan to conform to the changed
conchttons or subsequent occurrences pursuant to Texas Local Government Code,
Sectton 43 056 (Vernon Supp 2000)
~'-~ .... ATTACHMENT
NOTICE OI= PUBLIC HEARIN6
A-01-0002
The City Counoll of the City of Denton will hold the first of two public hearings on Tuesday. April 3,
2001, to consider annexing approximately 46 acres Into the corporate clty bruits of the City of Denton,
Texas. The property Is located in east Denton, south of Blagg Road, approximately 1000 feet west of
LakSvlew ,Boulevard as shown on the backside of thts notlce Enclosed for your Information. ~s the
annexation and zot~e cl~ange request schedule, which notes all the required meetings The Plannlng
and Zoning Commission will hold separate publm hearings, on the same prope~y, on Wednesday,
April 'if, 200'/, to consider maklng a recommendation to City Council regarding the proposed
annexation and zoning fha unzoned properly to Agriculture (A) zoning district, changing to
Neighborhood Centers (NCR-6 and NCMU-'/2) upon adoption of the new Development Code.
The public beatings will start at 6:00 p.m in the City Council Chambers of City Hail located at 215 E
McKInney Street, Denton, Texas Because you own propedy within the annexation area or within 200'
of the subject properly, the City Counoll would like to hear how you feel about this annexation and
zoning request and Invites you to a~tend the public hearings Public hearings are deslgned to provide
. opportunities for cltlzen Involvement and comment. Please. In order for your oplnlon to be taken Into
account, return this form with your comments prlor to the date of the pubhc headng (This In no way
prohibits you from affending and parllclpatlng in ~e public hearing.) You may fax it to th~ number
located at the bottom, mall It to the address below, or drop It off In-person.
Planning and Development Department
22'1 N. Elm St.
Denton, Texas 76201
Attn: Beth Hudson, Planner !
Please circle one:
~'~ ~avor o_f request~ Neutral to request Opposed to request
Comments:
We favor the zo~,ng request with the following conditions:
Contractor to he l~m~ted to 3 houses per acre
No trees to be remOve([ on the frontage property due to road expansion
or other work on Blagg Road
~.eSdenbs on Blagg Road would have fordable r free access to wa~er/sa'wer.
Signature . ~c~,.,.~, ~
Printed Name' Dou,~OC,:Lle s q-'-~lJ ~.~ J
Mailing Address' 5511 ~lagg Road
Telephone Number. 940-383-7434 (Bus. ess) d'Jl~J
Physical Address of Property within 200 feet. 5511 Blagg Road '.J ~c .? ..,! 0.. -'~
'
CITY OF DENTON, TEXAS CITY HALL WE,' 13 ON, TEXAS 76201 · ~0349.8350 · (F) g40~S:49 7707
NO'FJ:CE OF PUBLIC HEAR]:N6
A-01-O002
The Olty Council of the Otty of Denton wltl hold the first of two public hearings on Tuesday, Apri'l ~,
2OB1, to co~slder ann~xlng approximately 46 acres tala the corporate city limits of the City of Denton.
Texas. The property Is located In east Denton, south of Blagg Road, approximately' 1000 feet weal of
Lake,Aew Boulevard es shown on the baoY, slde or this notice Enclosed for your Inrormetlon ~e the
annexation mad zone ohertge request sahedule, which notes all the required meetings The Planning
and Zonlng Commission will hold separate public hearings, on the same property, on Wednesday,
~tprll ~i~, 2001, to consider making a recommendation to City Council re~lardlnJ? the proposed
annexation end zonln~'fhe unzonsd prop.arty to Agrioul~trre {A) zoning district, changing to
NelJlh~)crhood Centers (NCR-$ and NCMU-f2) upon adoption of the new Dsvelopmen! Cede.
The public, hearings will start at 6.00 P."~. ir~ the City Councll Chambers of CRy Hall located et 2t5 E
MoKlnney Street, Denton, Texas. Because you own properly within the annexation area or w~thln 200'
of the sub]eot properly, the Oily Oounoll would like to .hear how you feel ebouf this ennexatiqn and
zor/~n~ re~ue,~f lent~/InvlJe$ you to at, end the publto heenngs. PubEo hearings are deelgned to provide
oppo~tunltle$ for citizen Involvement end ~omment. Please, In order for your opinion to be taken into
account, return tills form wltn your comments prior {o [h~ date or the public hearing . (Thrs ~.1~o Way
prohibits you from attendmg and padlolpeting In the public hearing.) You may ~ax tt to the number
located at the bottom, mall It to the addre~ below, or drop it off In-person.
Plannirig and Development Department
221R. Elm St.
Denton~ Texas I620'1
Attn: Beth Huda0n, Planner I
Please olrole one:
In favor of request Neutral to request
Comments;
.
Telephone Number. ~ ~ ~0..~
Ph~al Address of Pmpe~ wl~ln 200 feet ~ .~
CI~OFDE~ON~ T~S o~y~L~ [4 TON,~
0~/23/2001 14:44 ~40~0245t~- I~E SYSTENS IHO.~ ~ · PAGE 01
NOTICE OF PUBLIC -HEAR]:NE
A-O'J-DD02
The City Council of the City of Denton will hold the first of two public hearings on Tuesday. April 3.
2001. to consider annexing approximately 46 acres Into the corporate city limits of the City of Denton.
Texas The pf6p6rty Is located In east Denton, south of Bl?,gg Road. approximately 1000 fe~t west of
LakevIew Boulevard as shown on the backside/of this notice Enclosed for your Informabon is the
annexebon and zone change request schedule, which notes all the required meetings The Planning
and Zoning Commission will hold separate public hearings, on the same property, on Wednesday,
April fl~ 2001, to consider rnaking a recommendaflon to City Council regarding the proposed
annexation and zoning the unzoned'properi37 to Agriculture (A) zoning district, changing to
Neighborhood Centers (NCR-6 and NCMU-12) upon adoption of the new Development Code
The pubhc headngs wi start at 6 00 p.m. In the City Council Chambers of City Hall located at 215 E
McKInnsy Street. Denton, Texas Because you own property within the annexation area or within 200'
of the subject property, the City Council would 117~e to hear how you feel about this annexation and
zonln; re(;uest and Invites you to attend the public headng$ P~Jblic hearings are designed to provide
opportunities for citizen Involvement and comment, please, in order for your opinion to be taken into
account, return this form with your comments pdor to the date of the publlo headng (Thin'In no way
prohlbAs you from attending and parEclpafing in fha public hearing ) You may fax It to th~ number
located at the bottom, mall It to the address below, or drop It off in-person
Planning and Development Department
221 N. Elm St.
Denton, Texas 76201
Attn' Beth Hudson, Planner I _ -
In favor of request Neutral to request
Pr, nted Name /~,'~.! ~;). ~, '~ ~
Malhng Address',,_
Ctty, State Zip.'~~
Telephone Number' . ,,
Physical Address of Property within 200 feet
CITY OF DENTON, TEXAS CITYHALLV i5 ;,FI'ON. TEXAS 76201 - 940349,6350
83/23/2001 08.32 9400E)24~10_ BFE SYSTEMS IHO I:~G~ 0:1
NOT ¢E OF PUBLT. C -HEARING
A-01-0002
The City Counoll of the City of Denton will hold the first of two puMIc hearings on Tuesday, April 3,
2001, to conslder annexing approximately 48 acres into the corporate dty limits et' the City of Denton.
Texas. The property la located in east Denton, south of Btagg Road, approximately 1000 feet west el
Lakevlew Boulevard ae shown on the backside of thls notice. Enclosed for your Information is the
annexation and Zone change re~iuest schedule, which notes all the required meetings. 7/~a P~ennln~7
and Zoning Commission will hold separate public heerlngs, o~ the same property, on I~/edr~esday,
April ~ l, 200f, .to consider maMng e recommendation to City Council regarding the proposed
annexation and zoning fha unzoned property to Agriculture (A) zoning district, changing to
Neighborhood Centers (NCR.6 and NCMU.~2) upon adoption of the new Development Code
The public ~earfngs will start at 6:00 p.m in the City Council Chambers of City Hell located at 215 E
Mc'Kinney Sa'eeC Denton, Texas. Because you own property within the annexation area or within 200'
of the subject properly, the City Council would like to hear how you feel about this ~
~ and Invites you to attend the public hearings Public heatings are designed to provlde
opportunltle~ for citizen Involvement and comment Please, In order for your opinion to be taken Into
account, return this form with your comments prior to the date of the public hearing. (ThTsjn no way
prohibNs you from attending and par~lclpetlng [n ;he public hearing ) You may fax tt to th~ number
located at the bottom, mall it to the address below, or drop it off In-parson
Planning and Development Department
22t N, Elm St.
Denton, Texas 78201
Attn: Beth Hudson, Planner I
Please circle one:
In favor of request Neutral to request ('Opposed to requests,t)
Comments:
Telephone Number:
PhysI~l ~d~ss of P~e~ ~thln 2~ feeb
DENTON CO CSCD Fax:9405EE,5649 Mar 50~2001 15 25 P. O1
I
NOTICE OF PUBL]:¢ HEARING
A-01-0002
The City Courier of the City of Denton will hold the flint of two publl= hearlngs on Tuesday, April 3,
2001, to conslder annexing approxlmatel~ 46 acres into the corporate city limits of the City of Denton,
Texas, The property is located in east Denton, south of Blagg Road, approxlmatety 1000 feet west of
LakeVieW Boulevard as shown on the backslde of this notice. Enclosed for your Informatloh Is the
annexation and ;[one change request schedule, whlch notes all ttte required meet~r~gs The Planning
and Zoning C~mmlssion will hold separate public hearings, on the same property, on Wednesday,
Apr/I '/f, 2001, to consider making a reoommendatiop to Ci~ Council regarding the proposed
annexation and zoning the unzoned.,proparty tO Agriculture (A) zoning district, ~hanging to
NeighborhoOd Center~ (NCR.6 and NOMU42) upon adoption of the new Development Code
The public hearings v~ll start at 6'00 p.m, In the City Council Chambers of Ctty Hall located at 215 E
McKInnay Street, Denton, Texas. Because you ow~ proper~ w/thin the annexation area or within 200'
of the subject properS, the City C..ouncll would lille to hear how you feel about this annexation end
~=!~ a~d Invites y~l fo e~end-tlte~~1; t~eari~. Public hearings ara designed to provide
opportunltles for citizen involvement and comment. Please, In order for your opinion to be taken Into
ec~ount, return this form wlth your comments prior to the data of. the public hearing. (This In no way
prohibits you from effendlng end pertiaipe~ng In the public heanng.) You may tax It to th~ number
located at the bosom, mall It to the addre~ below, or drop It off In-person:
Planning and Development Department
22t N. Elm St.
Danton, Texas 76201
Attn: Beth Hudson, Planner I
Please ¢irole one:
In fa.rot of request Neutral to request
Telephone Numbe~
Phys1~l Ad~r~ of Pmpe~ wi~In 200
AREA CALCULATIONS FOR A.01-0002(Blagg Road Annex.)
Calculated By EAH Date Calculated 4/5/01
A TOTAL AREA (S~te and 200' Not~ce Area) 3,406,757 s f
B AREA OF SITE ONLY 2,027,934 s f
C AREA WITHIN 200' NOTICE AREA (A - B) 1,378,823 s f
1 PROPERTIES IN OPP.OSITION
Location / Address Area*
5511 Blagg Road 21,099 s f
5521 Blagg Road 18,322 s f
5533 Blagg Road 19,019 s f
5555 Blagg Road 36,805 s f
5579 Blagg Road 25,961 s f
5610 Blagg Road (approx) 358,284 s f
3978/528 Blagg Road 83,681 s f
Total Area m opposition 563 171 s f
Ama of property within 200' of aubJeot properbj
2 PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 40 1%
18
ATTACH}~NT 3
Page
I ~ I do have concerns about basically the l~cit la. which would
2 ~ 2 allow 12 umts an ac~c, as well as limited amount of /
3 ~ MCNBILL~ I'd hke to reconvene tl~ 3 retail
4 pla'am |n.~ Itnd Zonin~ Comm~lSlOn end at this point, v~'re 4 At this thnc, I don't think I haw any other
5 ready for A~nda Iron Ilo 9 and Ms Hudson is goln~ to 5 lnformauoa and I assume that the Commissioners do have
6 We us the staff report on that 6 questmns
7 ~ M~ HUDSON, Thankyou Barherthlsyear, 7 ~t. Mc~mt Ar~thci~questinnsforMs
8 City Coarl~tl had directed City staff to be/~{n anncxahou 8 Hudson? Oo ahead
9 of the picc~ of property that you see here whloh is on the 9 ~.anlCH~' vha public heanng ~sar&ng
10 south aidsI of Bla~ Road just west of Lak~vlew Botllevard 10 the zoning is at the time of aoucxatinn, ass-m~,~g that the
I 1 The property is about 46 acres and was accas~oned by tho 11 intcmn rcgs or, I mean, the draft Code has uot been
12 fact of a d~veloper bnngm~ a proposal t~s for a 12 adopted, thc property would como in as A/rlcnkural And
I 3 prc-desi~l The Comprehensive Plan that we se~ ton~ht 13 thc ~easoa we've posted it as v~ have is to - we've had
14 calls for ~ area to be m a new neighborhood center 14 the pubhc beurl~Ss for the zoning, thn draft Cod~, but
15 I think I should ask at this point, Mr, 15 this property was oatslde thc C~ty limlts at that iaaa ec
16 Mcl%dl, do you want to hold the pubho hearing for both 16 they were not notified, the surroundm~ property owners
17 thc annexation and th~ zenu~ at the same thne or would 17 So wc um- it's like a two-fold rccommendatiou that when
18 you rather do them separately? 18 it's annexed, it will be AS and then it would h'ausition
19 Mlt MCNEIL~ I would all. est, but I'I1 leave 19 at the time, tf and wbea, if you wast to put that in tbe
20 It up to th~ Commissioners. that. l.w. open both of thcln, 20 rccommendat'on, if and wben tbe Development Cod~ ~s
21 thenmakeseparalemotlous D'~as'~eYerybody a~ree to that? 21 edopted, to another destl~nation We have recommcnd~d
22 Okay O0 ahead then 22 Naa I 2 and 6 but the Commission could l~c~mm _,_~nd any of the
23 MS h'IWSON, As the Comprchendve Plan is 23 nc~hborhcodccntcrdesi~ationsthattht,.ywouldhka I
24 rccommendi~ neighborhoods and nell~hborhood centers in 24 just wanted to umk~ that clanflcaUon
25 tins area,/m~ of the ways that th~s manifests itself is 25 Ma. Ma'n~L SO umthare qUesUOUS for,
Page 94 Page 9
1 m th~ dra~ zonln~ map Keep ia mind ~hut ~ dea~ I einrtflcetiou quesUoos for s~aff at ~s potnt~ Any
2 zomng map is a draft at this point and as ~ls sl~ is :2 elartflceflon quesuoos? Cammtss~oner Oumdte
3 ou~d~ the City limits, it is still subject to ahan~ 3 MS/~ou~ol~ on our Attachment No I is a
4 ,V,'hcn tbs Was drawn tip, h was drown up that this is 4 mor~ 8choral map, is Lnk~cw -- what's right behind thc
5 actually the osater of tl~ nel/hborhoed that goe~ from - 5 residents -- oh, thank you -- s!t~ and rlsht to fha west
fi ' about UmVorstty to about MoKtan~ This ts almmt ti~ ti beside, thar~'s a long strip - I'm sorry, cast Is that -
7 t,~;~l~'apklcs o f ~ u~tl~burhocd Tharefom, it ahoald be 7 par~ of what.'ar this development ts that's off of
8 ti~ most inteus~ ~odioa of the ucl~hborhoad Part of it li Lnk~I~w?
9 dcea have wiiat tbey call neighborhood ecnters/mtxed-use 9 MS I. rtJDSO~ It appears not, The propm'y
10 ,ah,ch does allow for a broad variety of uses Incluchn~ 10 owner that I have hst~l wh~ I did my property owner
11 retail 11 notification cam~ up something llkc Summer Oaks, Summcr
12 Tbe proposal that thc apphcants have brought 1:2 Sum~mts
13 to tts, it hal niaCin-family on thc wbele rest of tbe 13 Ma ~otmgla summer Sttmlmts ~s that luna
14 port,on, so [I talkad to oar Comprehaustve Plan manal~cr and 14 skinny thing there?
15 lookad at doth/, at remow~thet~c~n~pomon alen~th~ 1~ Ms h'u~soh' Tbet's thoind~catioos Ihave
ltl northern e~ and dotn~ mc~ly a combination of 1 ti If that is a subs~diary of tha Lnk~lcw Ranch pmpen'y,
17 nclghborhoed center at six and 12 anita au acre 17 that's not somctlgns that I have informatton for
18 Wedtdrecelveadchtioaall~tlersin 18 Ms ~ot, aoI~. okay Butthatts strlctlya
19 oppost~on since the tuna that your packet was d~velopcd 19 separate -- okay I just - thank you
20 One of file things, as noted on the front of th~s, is that 20 MR. MCNF.~LL Arc therc othcr questioos for
21 thc ones that you're ~ccctvm~ tontght ar~ all oatstd~ of 21 staff~ Thank you ve~'y much This ts an ~tcm to hold a
22 thc 500-lout nut.cation buffer 22 pubhc hosnng so I'll opca ti~ pubhc heann~ And we
23 Basically, summanzmg the commants that I'vn 23 have a number of cards be~ of pcopin who would like to
24 received from tbe surrenndins residents so far is that speak so l~t mc call tha first one is Lyon Th~,~cs Yes
2~ ainglc-famtly sccms to be an acceptcd use However, they 19 Come forward Stat~youruamefortherecurd, pleasc
PLANNING & ZONING COMMISSIONI~R APRIL 11, 2001 Pa§e 93 - Page 96
Cond~nsoltTM
Page 97 Page 99
I MSTHAMES Iviynam~tsLynnTh~esandlhvc 1 Msomus earhara(hlcsandlllveat5555
2 at 5533 BI~ Road which ts just right a~ross th~ strut 2 Bhg8, right across fl~ sh"~ And my f~ing Is the
3 from thc entrance to the dewlopment Andlamnot 3 san~ashers Wcmovedoutthcm, bought the land ahout
4 opposed at all to annexation or ewn much lq~__· dense 4 six years ago, bought 30 acres, and w~ have he.cs and
5 nctghborhood centers, but the enttre road of Blag~ wluch5 cows and w~ love the coun~-y It's heauttflll 'I'he~'a
6 is ouly about 1 1, 1 2 miles long ts all nlmL 6 suusets and sunnscs that you would not hah~.
7 And it's not tlndevaloped property It's 7 But if they start putting tn homes slx and 12
~ mostly single-family homes of people that axe hying on 8 to an acm, we're not going ~o bc counh'y anymo, m Andso
9 one, five, 10,20acres And most of us fcel. andI'm 9 wc would objcct lo that We'tealmadyanne£ed Our30
10 only speaking for myself, thol~gh, that having anything 10 acras has already hecn annexed We ~ pur?f t~ Caty
11 less than one tlntt an acre, two umts an acr~. a.t t~'-.~ vas'y 11 and vn~ don't mtnd the annexaUon But w~ would hkc to
12 most would jtlst really destroy the beauty' oPthe area. 12 keep it to one or t~o umts per acm Thank you very
13 We baok up to Lakevtew Ranch, which ,~ one to 13 much
14 fix · acre unt~s and it's -- we have cows, we have hor~es, 14 MS. MC'~.mILL. vcry good Thank you very much
15 wehavehay, we have stock ponds Andoucethlss~tcts 15 foroomlng Wehaveoseadthtinnalcardher~. Theydon't
16 aunexed m at s~ or 12 units an acre, ~ch I can't even 16 wish to speak l'antcc Bradley opposes ~hc pn~xly hemg
17 imagine -- I moYed out from the City and I had almost a 17 taken to expand lhe mad What compcusa~ton will thcre be
18 half an acre lot m Sollthrldge I can't 'rn%~nc how small18 forlassofland, feaccs, and plants that wonld he losO
19 lots would be at six or 12 We're just really concerned 19 Is thcr~ anyone else in the audinncc who would
20 aboutthnt We'dltketohaven.~h~borsaadwouldbe 20 llk~lospexk? Plcase come forward and s~al~ your name
21 happy with the less density 21 and addrcas for the record
22 And I also wanted to say that I know that the 22 ~ ~ I,m Tommy Bain with Terra Bain
23 people who have proposed the development are proposing 23 D~velapnmnt and we're the dcvelopcrs of Lakc~v Ranch,
24 about fotlr Illllts all acre Of cotlrse, that la includm~ 24 have a partocrsbap/ownershp of I.akc~,v Ranch, Let ma
25 the, you know, pubho us~ areas so ! don't know what then25 say Just a couple of things and that is the vision 'we had
Page 98 Page 100
1 lots will ~nd up Indng hhe but if w~ l~ave a zoned at I at Lnk~winw Ranch's 736 ac,-~s was ~ally lo sohdify
2 s~x or 12, evca tf they build at four, the, a wl~m s~am~mng 2 eus~-n D~nton and that was to oome tn - th~'s a gmat
3 els~ g~ts arrayed, th~ we're going lo have lo fight flus3 b~anty lo that laud, and we oame in with a whel~ master
4 hanla ov~r and owr again And I'd hke lo s~, th~ C~y 4 plan that s~r~:l with one to five acr~ lots and ~ used
5 plan and, of c~ur~, I can adch~/flint s~para't~y, elmng~5 thar as a buffer and than moved to 1:2,000 foot lo~'and
6 so that lhe ~attm st~t ts not laoked at as tl~ c~n~ 6 10,000 lost lots, and 7,000 foot as wa got lo extma:mlt~
7 of thc nmghhorhood ~vhen wa ar~ so far rural f,. -..~ '~i~r~ 7 and wha~ tl~ vn~r~ natural harn~r~ Of course, now
8 the edg~ is And i think that's all I'w got ~o aa~,. 8 tha~ has b~n or, flayed by a compref~ustw Zoning Plan
9 ~ l~C~iI.t~ very 8cixl Thank you vezy much, 9 after w~ had dona a lot of work on that
10 Sum. 10 Wa beheve that that ~s too dense for what v~
Il MS. TI.IAM~,S oh, can l say one mom t"~LJ? Il sce thc vlston for that part~cular ama of Denton We
12 ~ ~ch't~t, sur~ 12 think it ought to bca hula blt mom normal ~ housing
13 MS ~ lwasrcallyconccrnedcar'aer 13 and that's the way w~ havc ined to do lt And w~ are not
14 ',~ v,~ wc~ ~kin8 about thc multi-fnm,ly and Mr 14 opposing at all development Me, bcmga d~veloper~, i
15 Wflhams statcd that our a¥cragc, our sul~ aw~a~ 15 don't want lo ~vcr apcak against density or d~velopmcnt
16 muln-fam~ly IS 12 Imlts an acre And I'm ~ally confused 16 But what wc would mally bkc to see Is that whol~ ama of
17 how '~c could be thmkla8 a neighborhood could bc a~ dense 17 Denton d~clopcd rcsldcntmlly in a really bcautfful way
1 $ as a mulu-fangly complex 18 with complimentary retail
19 Ivat Idc~'~Itt 'fhat's par~ of the chnileng~ of 19 I want to loll you that I'll ~tke ll~s
20 ~c new Dove, upriver Code 20 opportunity that I do thsagrcc vath thc ComprehenslYe_ Plan
21 ,'ns oot~u~, caty-widc, 14 umts per acr~ 21 tn ~nus of that ama that" salangtha~is tha cos~cr
22 thc recommended density o¥~rall 22 and that's whe~ your dcuslty is for a neighborhood
23 MS 'r:-l~l~s All right. Thank yom 23 centc~, I don't hohcvo is corrcct I ~h,n~ that thc
24 ~ MC~I~ILt. The next person who would li~ heart of that a_rca should rcmam a hltin lc~s d~ns~ and,
25 to sl~ak Is Barbara ~les 2 0 ccrtsmly, ther~ should be four to the acm as paxt of
PLANNING &IZONING COMMISSIO31ER APRIL 11, 2001 Page 97 - Page 100
CondonseItm
Page 101 Pago 103]
I that In fact, we even have that in on our zoning on the will make a major con~stion problem
2 ex~cmities But I behave It's, as it pushes towards 2 I just think that with the knowlodeo that 288
3 l~Kian~-y to ti~ south, as it pusl~J towards 380 to the 3 and IVmyhlll Road will eveatoally bc under construction tn
4 north, that is whe~ you should pick up that dc~slty And 4 the next thrc~ to flvn years, that will malco Laknvtew
~ you have an Opportunity with La~lew Ranch and then at /; Boulevard even busl~, so adding homes, that many homes or
6 tho !sI~*, and working it*s way all th~ way back to ldayhlll 6 that many residences in that area vail even congest
7 of kccpm8 that less dcnso ~nd very beautiful ? Lakevicw Boulevard oven mo~ ~ _
8 n/~ghborh~:xl, and the extremities really become your 8 And w~ havn homeowners out thoro that ~vc
9 uc]ehborhcxxl ceatcrs 9 madn that their home, their rotucmcnt place) and v~ just
10 And so I think ti~ planulnS of the staff is 10 don't forcsea wautins to have thn problems with ll~
11 incorrect m that qucdrant of the City of Dalton, 11 traffic and the cucecs~on and the possibiht~ of ti~
1:2 especially with what*s happened with Lnkevleu; Ranch. And 12 dangerous intersection at Highway 380, ulso
13 tfyoulust drlveit and you sea wbat's going on out 13 IvlP..MCI'~LL. very~ood Tbankyou for
14 there~ to all of a sudden place all that around tt' 14 coming Is them anyonn else in tho andience who weald
15 do~n't qmlo fit It's an opportunity for Denton, I 15 bl~ to speak7 Please como forward
16 tignk, to look at thmr zouini and to ¢omphmeat that So 16 MSeP, ADLI/Y rmlanicoBradley lhveat
!7 that was - that's why w~ spoke against it. We're 17 3978--
18 certainly for annexation and for, you know, ro~tdeatml 18 ~ MCh~ILL. say your name again I'm sorry
19 developmcm out the~ but wa would llkn to s~ it 19 MS.~.DLIC,' jaulcoBmdley Youjustm~d
20 complnucntary to what we're tryt~ tit do with tl~ vision 20 by nard
21 to that part of Deaton "*'- 21 l~m. lvla, r~L oh, okay I'mson'y
22 ~. Mch'ml,t. very good 'l~nk you very much :22 ~ BRADLBY I understand Lakc3flcw's side of
23 for ¢o'~'g 23 this I've hvcd in this neighborhood all my hf~ 37
24 Ivm. ~ 'thank you 24 years, and I've watched tho chanl~ and it's ~ I
25 ~,Iv. lviCI~ILI.~ IS ti~ro anyone else tn tho 25 und~stand, you know, how busy Lck~vl~w is, Nobody
Page 102 Page
1 au&cane who would ~ to speak? Please ucmo forward I und~stands it b~tter than mo bccausn I've driven it all
2 State)our name and add~s for the ~oord, please. 2 these years I've watched my road 8o downhill ?0coaus¢ of
3 ~ TaUST~ vm Shad Trusty at 700 Lnkeview 3 th~ fast traffic
4 Boulcvard. I work at the ulubhouso so I'm out in ti~ 4 You know, wo have hds m our uc~ghborhood
$ ucighborbood every day, virmully every day, and on th~ 5 that hko to play and tho lraffic is hortibln Panplo
6 we~mds As Tommy had said carhcr, wo would like, you 6 don't ob~ tho 30 mlln spord liunt -You know, my pmpcrty
7 know, odcht~0anl housing in the area and we know ~at ~t's 7 is prod for and I own it and I pay toxcs on it, and with
8 coming that way~0e~auso that Is uco of the most beautiful 8 gus coming in and wldeaing my road, taking my land,
ia parts of D~bu that's l~ft, but wo already have problems 9 taking my plants, you know, I don't gunk it's - I'm not
10 along Lak~'~ow Boulevard with th~ spcodlng through thc 10 opposed to thn annexation bccause I can't stop it so
11 ue~ghborhood. 11 there's no ~ason b~tng opposed to soIucgung you can't
1:2 WolanowthntLnk~v~cwBoulevardlsgoingtob~. 12 stop You can't chang~ Chans~happnns Hc~usesgonp
13 evcnttt~Jly ~,_t-e,, all thn way to 3~ but, prescntly, and in 13 But I.lust, I don't understand why tluzigs can
14 th~ ne:,:t f~v yours antfl ~ othor avenues got devuloped, 14 bn lakcn from you that, you know, for this ktud of roason
15 Maylffll ~s a problem so peopln vail not go to Mayhfll to 1~ whcn fl's nunn and I can't 8o back to thc City and say,
1~ cutto35 Theydou'twanttogodown288tocutto35 16 wall,~vcmettas Youknow, hl~Isaid, I'vubctn
17 $o any of thoso pcople that sro going to bo in gus 17 ti~ro longcr than a lot of theso ptopln thnt am
18 ap~; complex will bo condnS, what, tho eighth of a 18 tellcmg and I'vn s~n moro changcs thcn a lot of them have
lis nulc to Lakn~' Boulevard where they have concrote 19 sccn and I know changes happcn and I undcrstend that, but
20 strolls and no potholes and, you know, 8o down Lnk~ew 20 I just gunk a httle cons~dcradon for thn ones that have
21 Boulc~'ard. 21 bccn out thcr~ ts kind of ncecled, a Mtlc respect,
22 And then at o- preseatly even to 8et off 22 bccaus¢ I pay my taxes and I pay my bills So that's thc
23 Lnk~'lcw Boulevard onto H~ghway 380 is ¥c~' tune consuming 23 only gung I'm opposed to
J
~4 and a_~%m:~oUS .amd to add that many more pcopln lxying t~ l~ Ivic~ItL. 7hank you for coming Is there
~5 8o dowu Lakevicw Boul~veard to 8et off of 380, I think 21 anyonc clsn who would li~ to spunk? Plcaso como forward
PLANNING & ZONING COMMISSIONER APi~11. 11, 2001 Pags 101 - Pag~ 104
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, Pago 105 Page 107
I If thorn are o~hers, why, ~ on down and you'll I~ ready I that was given - S.mmer Summits is a non-profit. It was
2 to speak wi~a each person finishes '~ started by Tun and Ann Banks a number of years ago, a
3 ~ F~,W.. My ~ is Mlchacl Fave I live at 3 backpacking program in Colorado and then a challsngc
4 901 LaknvteWBottl~eard. On~ofll~thlagsthatailraoled 4 coursalnthlspatgcularpropetly Dr Blookeriaveths
~ my wife and I ~o fl~ a~a was ~h~ beauty of Laknvtmv Ranch 5 property We are i-catty non-profit, you know, if you know
6 and th~ surrot~nding areas 6 what a non-profit is
7 It readnded us of~ phce that was lranquil so 7 _ What I'm concerned about, and I'ro not a board
8 that whe~ we com~ l~rae~u~, work, we relax Wo don't hays 8 member anymore of Summer Summits, but I ~ achvc m
9 to worry abollt cexs zipping down Lak~i~v Boul~v'ard, wh,ch 9 backpacking and tinngs, xf you have such hca~y danssty m
10 is stsrttng to happen already ! doo't know if anybody 10 this area, I'm thtnldng that that's 8clap to g~eatly
I1 has any of th~ ststisitcs Whcn they did a qut,ck,s?v~, 11 impact our propcrty because you're $oing ~o have an awful
12 they put a polic~ officer up thc=~ and ~ actually wc~ 12 lot of children and other peaplc coming across "Cms
13 -- put out qutte a f~,v ltcketa in a very short period of 13 htfle lane ls to thc back portion of our property, the
14 ttme And I don't know ff any of you have any of that 14 main entryway ls uP on Blng8 Roud and that's where they
15 tnformationbecaaseI'dlllm~know Wa heard that ther~ 15 brtng school buses Tha fiflh grade olass of one of thc
16 was quite a f~v And they pu~ up a detsator ~o tell 16 schools is coming out for topos course in the next couple
1,7 peopls how fast they w~ going and we noticed that that 17 of wecks
18 was an lmpro¥cment. ~ when thc~'s no officers amand, 18 'l'ha'e axe an awful lot of schools and
19 ii is a race track 19 corporations, other places that have team building type
20 Now~v~ha¥olx:a'ae~ T'ne~ trails for us ~o ~20 activities that use Summer Summit's rupe course ~sfar
l I ~ thoro Wolr~ conccm~ about s ~o~'~ody not paying 21 as I know, ~ only other coo right immediately he~ is
12 attention and g~ing hit. I'm also a ~ flrdlghter 22 probably 'rwu,s and that is mor~ for ~ studcats So
l~ from Cahforata and I leak at/he 380 lntca'chanl~ nod If 23 lifts coo cervcs a lot of pubhc that are ant b~ng served
14 you zoue it add bring that m~r~y more peapls lrytn~ to gat 24 othervase
25 out co the Highway 380, it Is going ia be v~'y dangerous 25 I think if you have tins big a density, we
Page 106 Page 108
1 TI~ only other access is ~o ~o back down havoa climbing wall which ~s qutte largo, there am high
2 through Mayhill goin~ tinx~h that d~n'~.lopmeat, and that 2 and low elements A high clemeot is ~ a ttapoz~ This
3 rand ts not sc~ up fc~ that manh volun~ So I am qalte 3 would be a yery attractlvo, and I'm not going to call It
4 conccrnnd 4 nuisance, but a vary nttracttvo toy for students Wo do
~ },Mvexmind, fflnmdoapp?vechangtngand $ havclowoloments It'salovelys~te There'saercck
6 allowing 12 homes per ac~, w'aat ~hat's going to do/o the 6 runmng through tt It's a bcantltful roral site, a ~mt
7 value of the hom~ ..I d~a't know ff any of you havo 7 team building and csteora braiding typo of envlronment
8 looked at the howf~s'that haw Been d~veloped and are bctng 8 And I tlunk what's !acing to happ6n If we havc
9 dcvelopcd N/)w, most of ~ hc~e~ are atoning anywhc~ 9 this hugo deos~ty, you're going to force this orgamzati°n
10 in the mid $~00,000 00's ~o cks~ ~o $500,000 00 And I0 to build a b~g security fcnce almost ltl~ you build around
11 whcn you stsrt bnnlglng m thc~ o~er hora~a, it's going 11 a big swimming pool stmply beoanso of tho habthty that
12 todevalueth0sehomca I~h~,~'there'sqtutaafcw 12 wc'rcgomgtobomvolvedv, nth Oncemawlnlo, weget
13 people that a~ game ~o be vcry-~happy with that 13 people that como m now but -- and thcro's only just
14 deveinpment,gomg ro so I am concerned 14 barbed wu'e fence arotmd it now But it's gom'g to put a
15 I hope that you can c~me ~o a resolu~oo ~hat 15 great burdoo on this particular propaiy, I think, simply
16 says two, maybe four h~ pcr acxc, but please don't 16 to protect Itself from thc hahihty
17 allow six or ~2 That ls just Eotng ~o hur~ that area 17 And I understand you may have other Iotters
18 It can't vnthStand that .,,~h And ii vnll take away from 18 from Summor S;~rnmlts from tho Executive Du'ector, but I
Iii the beauty O~ that carnmunlty. Thank you 19 would caution you that this ts a property out thoro
20 ~ 1,na,~It,t.. 'r~,,,,,lr you very much for coming 20 joining or at least across this httl¢ road, this Is a
21 Is th~ anyc{ou else who wolfld ~ lo sp~.k? Please come 21 ¥ory, very small road right hero and we are, tho Summer
22 forward and, state your nam~ and adch~s 2:l Summits prop~ty is probably nght about hero Dr
23 I,/s wooo~,.l.r~' rm Mary Woodruff I llvo at 23 Blookor's property, I guess, was over In this posmon
24 704 Lafay~ My concern is the property right tn this So just keep m ramd th~ other things that sm
25 locaaootha~belov~sto$,,m,,,~-S~,m,,,l~s Thtslsproperty 22 already out there Andth$1aagreatassot lunagme
PLANNING ~ ZONIN(} COMMISSIO~R APRIL 11,2001 Page 105 - Page 108
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I a number of your children prohably have enjoyed tho rop~ I others who would hkn ~o speak? Any otl~-s who would hkc
2 course Sowo'dhkotokespltthatway Thenkyunall 2 tospeak? Arc thc~ others? l'llcloscthcpubllc
3 MU, MCN~LL, TheUk you for coming Amther~ 3 heanagthooandaskstaff~the) ha~anycloslag
4 othess who would lfl~ to speak? Plsaso como forward 4 commits on A and B, th~ ann~xation ~quest and ~e
5 ~s OAWSO~r ~ name is gudy Davison and my 5 potenual rezomag
6 adda~s is 7300 Stallion S~. Like Ms Tnlsty who wes 6 MS. HUDSO~ The annesa~on r~ClUest was
7 lm~ before, 1 also work in tho Lalmviow Ranch community 7 inll~a~ed by City Council because ~ wan~xl _to he able
8 I'm probably going to ~terato a lot of things you've 8 to cnsur~ that devolopmect that can~ m close to _our City
9 hoard best tonight, not just about Lokovt~v Ranoh and what 9 limits conformed v~th tho conccyts ll~at v~ had As it
l0 this issue is about, but about what's golag on all over 10 stands right now, there arc about thr~c b~o fingers au
11 l~nton County I 1 thc ecstcm side of thc property t~.at a~ counted as an
12 Working in tho neighborhood, I wer}(wl.'th 12 covlsoomcotally scusmw arco
13 people., 50 to 100 a month, who como in who are looking to 13 If it ware not annexed ~nto Denton City
14 miccatc, coming to look at D~uton They're coming from 14 knuts, they could channohzc those., pm thom underground,
15 Dalias, Rtchardaon, Plano, Carrollton 'l~y'recoming 15 and tt would ha gnno Tho rcasco why it's destgna~xl as
16 from across tho country lika Ivl~ko who wes hero a minute 16 an covironmcotally sensitive arco is to help prelect tho
17 ago vnth lus wife, Ann, from California And ~ como to 17 dmiusge and storm water quality that wRI b~ going
i8 Dcotooforobviouseeusous It's uot Dallas Ii'snot 18 dowesucam
19 the me~roplex They're coming for a cestoin sooee of 19 As fur as tho deusity, three axe different
10 privacy and beauty, a scoso of lanll theft Laknvlcw Ranch, 10 options that the Planning and Zomng can chcoso under the
~1 fortoan~ely, has been abin to offer ~'~forgotltug whore 21 n~ghborhcod servio~ destgna~co that would transition to
22 I'm going with tins 22 other than tho six or 12 units an ac~
23 But so fur whet we have, we'd li~ to proleot 13 Th~ proposal that wes b~ught forward to us
24 and the pcopl~ like Aun and Mlhe that I hove haen able to 24 shewad a d~s~ty of about thee cmts an acr~ Ill
25 work vath and some of timm abla to find homes fur in this 25 remember correctly, there is not a ~ units per acre
Page 110 Page 112
I commumty, they camo tim'~ for those v~'y specific I andes tho n~,v draft Zomag Code- I th~nle it skips from
2 ~'~asous And to s~ sambaing como in like multi-family 2 two to four to six
3 om~ is kind of against whet they camo ~ for and what 3 I ~ink staff would ~c~,~,~d that at a
4 v~ sort of tnvtled them ~m~ in this uno to five-ao~ 4 minimum it bo designated as four un~ an ecro to allow
5 first p~rt of tho ~.~nch 5 _ recsonablo development on tht~ ~ I tht~le clurootly as
6 The,second issu~ that I wanted to sp~k about 6 it comes m right now, as Mr l~cbhurt had ,~,'at~oned, it
7 was something we'v~o ~/ard over and over and that's the 7 will he A~rlcultu~ un~l such t~r.e that th~ a~v draft
8 h-affio of Highway :380 and McKlanoy and Blagg and Mayhlll, 8 Code comes mtn phce whether tl:at's next munth or sova'al
9 all of these things which affect what v~'re ~lktng about 9 months down tho road
10 on Blagg Road We've al~ady got issues on Lokevla~v 10 MR. MCNEILL~ Comm~sslC~ur ~0111dlo ha~ a
I 1 Boulevard, as Shad Tnlsty just menticoed~ ~he lraffic 11 qu~llco for you
12 hkoM2kom~nt~oned, and tho speechag BlaggRoadtsono 12 MS OOURDIE it was off~-~d ~-*p as an NCR S,
I 3 of thc outlets that v~ ha¥o gght now ~ get over to 13 Nco il, how, accordang to that, w~uld that lmvo been spht
14 Mayhdl to get up to Hlghway 35 It tal~ us up Mayhill, 14 up? Can you tell mo orshown~:'~ I'msorry Betagthat
lit It takes us aoross l~K, lnney Strut, it takes us up to Loop 1 ~ it was considered kind of thc no& of fl~ neighborhood
16 288, and tho conges~on these, especially with the growth 16 ccnta', I guess I'm looking nt ~ to fry and figure out,
17 that wa'r~ seeiag tn tho past cunpla of yecrs, has Just 17 that's reclly an major roada, there's no wzy £or anyoue
1 g gnno crazy I know you-all know what's going on 18 to get to or from an NCR 12 would penmt whch would bc
19 But we just want you to tok~ a concerned look 19 mulii-family, bed and breakfast, ~ sales, yada, yada,
20 at whet that arec hes been and whet this young indy who's 20 ),ada Tha-~'s rcaliy no way for e"~'~ to get to that so
21 beco there for 37 years, I f~.l for her to see a beauhfiil :21 I'm kind of perplexed as to why w~ would coustder that to
22 area hkc that suddenly chenge It's got to change, us wa 22 he somewhat thc ccnter aodc of tbs ne~ghborbcod
23 all rechzo, but tf wc can make It chenge wiscly, we 23 MS treason Ke~p m mtr. d thai tho draft.
24 appreciate that consideration Theok you zoning map was basically g~eraled through a computa'
25 MR. MCNEILL Thaokyouforcunung A~thes~ 23 program Andassuch, tho g~'~.l p~ that it was
PLANNING & ZONIN(~ COMMISSION'ER APP~ 11, 2001 Page 109 - Page 112
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I given v~s to m the ne~hborhood centers to f'md the be a starting area of saying where is one gotng to be
2 mtddle of the ~e~hborhaod center, designate that as 2 located and that's why this area was proposed That could
3 essanUally the cantsr of the village, if you vail And 3 be shifted I! could be removed But one of the stronger
4 the c~ters of the village, ~ when Denton was very 4 ideas or themes bdund the Development Coda and thc
5 young, had the commoralal and other sorts of uses in It 5 Comprd~usive Plan is to crcat~ those o~ghberbe~l
6 V~'hat we have looked at doing is taking the 6 canters
7 commerc~l that was hero and sluftxng it over hero $o that 7 ~ wmutoas okay My next quest~o_n,
8 it is still, ess~nttally, midway in between Lahavlew and 8 8u~s, was neighborhood ¢ompatibihty taken into account
9 Maylul/, but now it will be at the center of an 9 because I'm hsteomg to thc ~v,s~clents of
10 mtersectto~ I0 ~sld~nts, also
11 As f~r ss access points, if thts prope,rt~y were 11 ~ aniCmUmT We11, ~f you ~call that
12 develol:~d either at -- at any density, tl~y'are 8olng to 12 there's a number of' mapping issues associated with thc
13 have to unprove Blagg Road along their frontage, as well 13 future zOning map and we've had a number of n~ighberhood
14 as ti'us private road hare, both of wluch points would 14 meatmlts or pubhc h~mnes, I should say, reear&ng that
15 prowde the two points el' access that am requtred for !5 and people asloug for d~ff~'~nt densities and suoh, and
1~ emerg~cy access 16 that's why wo'~ dome ties -- I mean, we could have
1,7 I~.OOUltDIIt Allnght And ff it is deemed 17 a~mplyhavedonettssAgr!oultumlandhadanotlm'pubhc
18 that tl:e c~mput~ generated map really isn't tho conduolve 18 heonng months down the hne to figure out what futus~
19 part for tl~ nclghharhaod center node, we have that 19 zoning designaUon this is We chdn't go out to owry
20 opportumty to request that it l~.p~l~cod in a different 20 neighborhood We had neighborhood meetings advertised
2:1 area? 21 ~ wit.tv,~ls l'm speaking of this property,
22 }.~. HUDSON Ye% you do It*a my 22 not in 8~neml
23 understan~,ngthatthomaphasnotyotbecomof'maluntal 23 }.~.~c~ woll, wv &dn't eo out to any
24 it is ~proved by Ctty Councal 24 one stngl~ prepay We had a s~a'Ies of ~e~ghborhaod
25 ~.~. ~OUR~m Okay Thank you '25 mcetinss w~th ~s map for rovmw that people?ould have
Page 114 Page 116
I I~E~. MCN~!LL commissioner Wi[hams coma to We &dn't go out and talk to these folks when ~ve
2 ~,~._ Wn~S ldy quesUon is in hoe with 2 proposed th~s ur~hborhaod cant~r
3 Co,~,~,,,-~oncrC-ourdie What rationalo did you us~ in 3 ~,l~wmux~s ~Su~sI'msetUnstoudly
4 ragardz to de~/natlng the zonln~? 4 confused now because this wasn't witlun the City and I
5 1,iS. HUI~ON I personally did not designate 5 can't sea how it could be on the zoumg map ~ discuss
6 the zo.,.~o It was pert of the computer model that came 6 w~th people.
7 through that ba~cally~took tho center of -- 7 ~ m~c-mm~v ff you ~adl, there's two
8 },~o..Wnr~3 That's enough lwantsome 8 componeots of tho zonmlt map Thero'souethat-th¢oce
9 hn~z. thr~lch~ 9 that would be adopted is only wtthln the City hn~ts
10 I~- lt~ICl-W,A~ well, I'll give you the human 10 V~at we have is a future zooing map that ~s how v~ would
11 thulang c~ tb,~ that one of the math components of both 11 hke to see that area develop, and when those properties
12 the Comp:v. han~ve Platl and what we're trying to do vath 112 come In for annexation or want to voluntarily be annexed,
13 zoning is to create nei~aborhood centers 13 there's already a map that's b~n produced that says tbs
14 And m those neighborhood centers, there would 14 is how w~ would like to sea your d~velopmant come~n~ And
15 be a h Sher density, moro conventent retatl areas 15 the Idea belnud that is that it gives those folks
16 assoc~ted with those And you also havo to remember thai 16 dirccUon ss to what the Clty ls loohog for in the futurc
17 the exh~an~ reed pattern isn*t the final road pattern 17 to know that if they're in a neighborhood ccatcr
18 One of the other components of the Development Code is a 18 that w'ro not going to want to sca tadustnal or
19 future str~t requirement, that there would be a number of 19 umploymeot type of act~viU~s m those areas
20 more roads assoaated vath any future development It's 20 $o this area would not have bean zoned as part
21 notjua, go'mgtohaMayhfll It's notjust going to be 21 ofthsD~velopmeotCode It would have bcen left out m
22 Blag~ Tcere ~ ha other roads m there to prowdo that 22 the ~
23 conueota~n, ty ~ the neighborhoods 23 ~ wIuct~4s 'thank you
24 x~,¢ look~l at th~s gane.~l area and the nodes, ~ ~c~m~. commissioner Apple
25 the locaU~ of thOse are very flex,bio, but them had to 2 4. ~s ~u~ vhis is oue of my bssm pro'~lems
PLANNING & ZONING COMMISSIONER API~L 11, 2001 Page 113 - Page 116
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I with this D~volopmant Code that we're working on becansa a designation. You r~ going to get this proposed zoning
2 computer modulo cr~at~l nel~hborhcod con.rs and all tho 2 Staff pmpoeed that neighborhood center m that location
3 other d~stgnated now nan. s for a~ns that we have now 3 It wasa t a con::putar module or a pro~ that located th~
4 whether th~'r~ compa~bla with tha surrolmding ~ or 4 neighborhood c~nter in that area
5 not 5 And the other -- another strong point that was
6 And I guess I'd like to ask Ms Hudson if ~s ~ brought out m the Comp~heusive Plan ~s with regards to
7 is stdl trna I know I'w asked thls question a coupla 7 urban sprawl .Z_nd the idea Is to as you are closer to the
8 of Umcs before Th~ro ts a Rural l~stdentml 8 city, and we're talking about tho urbam~ng area that's
9 classlficauon that wc had been told all alcol~ would be 9 identified m thc yellow and not the ~'ccn areas, that we
10 used as you moved away from tho ccoter of town and got out 10 do want h~her clanslty m those are. as for pubhc
l I to th~ outskirts of town and jato tho ETJS And I guess 11 mfrnstructur~, water, utilities, all those concerns that
12 I'va asked this quezUon over tha last few month,s, those 12 we have related to urban sprawl And that's why -- I
13 Rural Residential classifications, th~r~'s a 13 mean, that's o~ of tho reasons that that ntrul
14 classificaUon but thC're not ~ivco to anything, a~ 14 dcs~,nation hasn't bccn used was in that urbamT, ng area
15 thoy, orhas that changed? 15 MS APPLE Ithmkthat's asham¢
16 MS :t~USOI'~ ?l~ con.at thinkm~ it's my 16 MIL M~--~'IEILL Commissioner Holt
!? anti.standing, is that Rural R~ldeattal would b~ in the 17 MS HOLT Yes JUSt on this par~cular site,
18 I~n ar~as shown, basically, significantly outside tho 18 it seems to me that at this tu~e, and I mean whan we were
19 Loop, outside of what v~ consider to bo our urbanizln~ 19 talking earher ~.bout roads cormng m, Blagg P,.ond is
20 area that va: -- ...,-~ 20 probably so far down on the list that -- I mean, what,
21 MSal, pt~,antwodon'tcurr~ntlylmve 21 2020,2015 I hope I'll bc here Itjustscomsthat--I
22 anything that's really desisnatod Raral Residential, is 22 mean, Lakevlew is wonderful and that's a great access but
23 that tm~? 23 it doesn't go anywhere nght now I mean, it doe.m't
24 sis m~so~ 'rhat'scorreot. 24 coonect to 35 Itjust seams ld~e this is awfully mtease
25 ~4s AP~I.~. other than a color on a map 25 for th~s area a tins particular time
Page 118 Page 12~
I Ms hUDSON llecanse w~ believe that over I Now, you know, five years down the road, and I
2 tim~, becanse the land use map is for the next 20 years, 2 understand abont tl~ urban sprawl thing and I'm with you
3 that mus~ of this area in through here will aotually be 3 100 percant I think that is somethng we raslly have to
4 d~valoped and it will b~ developed at.somethiag that is of 4 look at B~.~c I t'~l~ we havc to look at it nl areas -- I
5 - a higher density Pleas~ keep in rand that evan if we 5 think there's a huge difference m this area and, say, thc
6 designate for slx, 12 units an aare, they can alway~ build 6 Teasley Lane going out that way Whan we're headod out
7 somethLng that is l~s dense than that That's always an 7 that way, ~ose lots ar~ sold off Those developments are
g option * ~ 8 going m Tcor~ a~, what, 8,000 hom~ out there? I
9 M~ I~,PI~LE But that is what the planning 9 think that is a different thing than flus is I think
[0 staff asys And tins isn't a cntlcisra of y'all but y'all 10 this Is just kind of puthag a lot of deaslty on tlus spot
11 say that but,it never happeus If people can btuld 12 11 which Is pret'~Y rural nght now and It Is des~l~hated to be
12 umts, thcy'renotgolngtobu~dtwo ItJust--mfour 12 rural untfl maybe 2020 That'sjustathollght Thank
13 years on this Commission, I cannot flunk of a single case 13 you
14 where It happened because money is usually th~ issue and 14 ~ MC~-n.L Go ahead
13 they're trying to put as much on the land So that sounds 15 MR. RIHCHHAaT I mean, one of the options
16 mca to say but~ m actuahty, It doesn't really ever 15 that you do hav~ is to propose NCR-2 for this zomng
17 happen AndI'll~etoffmyseapboxbutthat, asam0ts 17 category And Lf-- that would allow, Ibehevelt'sl5
18 my major problem with this whole deal Is it's, you know, 18 t. lnlts per acre ,And ff an application cornea in for higher
19 our town is,going to be -- our futwe 20 year% and I've 19 dcoslty, at that thne you could conslder it then
20 lived in flus town 33 years, so I have a history of seeing 20 MIL MC'2~ALL This IS a classic case, I think,
21 that far ahead, and i*m asddened to think that our CRy is 21 of why so "~ny neighborhoods are upset is the Planhas
22 going to be d~etated by a computer module 22 designated an arra right next to veut lugh quality homes
!
23 MR. RBICHHART Let me verify The computer 23 on fairly laege lots and the Compmheuslve Plan then
24 d~d take -- there was a mstnx that was developed that recommench th~ we put a neighborhood center there That
25 smd if your land is agricultural, you're in flus 25 doesn't make a lot of sense to me
PLANNING 8/ZONINO COMMISSIONBR APRIL 11, 2001 Page 117 - Page 120
Condons~ltTM
?age 121 ?age 123
I think ss par~ of w~t I'v~ b~ c~ph~ ~ ~m I ~t ln~p~ a
2 a~ut ~ do~ h ~ ~y ~n't ~ve ~y p~ 2 ~c h~t ~ off ~d it's fo~o~ ~t I'~
3 nct~borh~ ~ ~d~ ~s phn Ev~ng ~ ~ot a 3 in~p~ ~d I ~d~nd ~c ~flon
4 ~x~ ~ in IL [ ~d ~t's what's a~mflng ~ 4 and I ~ nc~Hy asMng a qu~Uon f~ c~flon so
5 ~o~d o~ co~t~ ~d you ~ s~ ~s ~tn h~ 3 I co~d ~lp ~ ~s fo~d a h~c bl~ ~ w~t I was
6 ~ ~ng ~ put M~ d~sl~ n~t to ~s ~y nt~ 6 ~ng ~ do I wo~d Bkc ~ ~kc a moaon
~ ht~ quah~ d~gop~t ov~ h~ ~d I don't ~y 7 ~c ann~uon and wo~d a~o ~c - ~d I ~s ~ have
8 s~ ~ raUona~ for ~at 8 ~ do ttm ~ s~tc mohons -
9 ~ p~s co~d ~ a~ply -- I ~ 9 ~ ~c wo ~vc to do
l0 ~body who sp~ ~s ~]ng ~'t havo a pmb~ 10
11 ~ ~ ann~gon ~pmb~ ~ ]~ ~ 11 ~ mouou ff you so d~ but ~ s s~ - ~, I
12 ln~nst~ tn ~s,~ ~1 ~ out ~ . 12 clos~ ~ pubhc
14 ~mp~cnslve[P~n ~ about ~pa~btB~ ~ ~isg~ 14 cn~u~ ~Ve'~ gores ~ - ~, ~, my
15 nc~borho~s ' ~t's ~ p~pos~ ~ d~ not s~ 1~ is ~'s not a -- Is ~ a ~n out mo~n ~h~
16 ~ mo ~ bo compa~lo ~ ~isa~ n~bor~ 16 cn ~ ~ }~u wo~d p~ ~at ~
17 So I ~ oho of ~ ~n~ I wo~d s~t 17 ~m ~o~ ~o, ~'~ ~'s
18 ~ consl~, of~c~ ~ ~w ~ do tt ~ s~ 18 s~n~ ~on s~ff ~o~ d~ not ~t In
19 morons andy, but ~ ~n~, ~ a ~n on ~ 19 ~. Ho~, ~ P~ln~ and ~S m~ssion ~d
20 ann~aUon but ~ply ~ it ~ ~, ~ co~ ~ 20 ~ a ~uon ~ Q~ ~ ~t ~ p~
21 ano~ ~o~da~on ~ ~ o~ p~c~ 21 aM~ B~ ~ad ~ ann~ and ~t
~2 n~borh~ ~agon but I ~ ~oso ~ ~ 22 p~ c~nuc ~d ~ w~ )~u
23 s~ lssu~ Now, ~t's -- I ~ la ~ ~o 23 ~d ~ ~ ~cll ~t tc p~
~4 I ~'~ spok~ I t~!~ ~ssio~ ~o n~ ~d 24 ~c~l ~m~ and ~ ~ add ~ ~ ~t~aUon
25 ~c ~ m~ ad~on~ c~men~ 2~ ~t you wo~ ~ for it to ~ansmon
Pag~ 122 Page 124
1 ~s ~ ~ PA ~ ~ mppos~ ~ I mp~ mo~s
2 ~nsid~ and ~ acgon ~d ~ on 9B it says ~t hold 2 ~S~ ~'sjust ~ ~ ~e at a
3 a pubhc h~ ~ ~ p~bHc ~ So ~ ~ 3
4 ~y~aq~ononw~tit'ssot~bo~n~ 4 MS ~lB I'dbchappytodo~
~ o~ ~n ~ ~ wMch Is aut~gc? ~ ~ ~E2 ~c motion ~ ~ ~a~on, you
6 ~M~ ~o~ i~is ~a 6 ~d ~ply say ~at you move ~ ~d to ~ C~
7 ~o~flon ~p~on and ~ a ~n on 7 ~cfl ~ ~e ~exaflon ~
· 8 approv&
8 ~e zo~ng
9 ~ ~ ~ ~s ~e s~iflc ~ni~ I 9 MS ~ I SO move
l0 ~ ~t's wh~- l0 ~M~t ~t
11 ~ M~t e~on ~ 11 ~ ~L~S I'll
12 ~WlL~s I,msp~ngoutof~and 12 ~MC~L okay Now, C~m~toncrM0r~o
13 you can c~ ~ but w~n I look at ~s, I s~ a 13 h~ a q~a~ b~au~ it's op~
14 sp~c ~ni~ ~d ~t's why I'm having a pmbl~ ~ 14 p~tc~ tt~
15 ~esp~ificzo~nt~tls~in~ntofme 15 ~MO~O T~,~ ~ Is~at
16 ~IL~ o~y ~you ~ssbn~ 16 ~lmd~map~at'sup~,Ms
17 Me.no's, I b~ ~t ~ on n~t 17 Huron'
19 ~ Mo~ l ~vc a qu~Uon for ~ Huron 19 x~ MO~O Thc ~ ~a's ~d of y~low m
20 ~ ~p ~at you ~vo ~p ~ on ~o bo~" 20 color or a h~t ~ basically ~o~
21 ~ ~u oh, I'm so~, I ~o~t you l 1 of ~at ~ d~aed ~ nct~borh~
22 ~c ~ou~ 22 ~is ~OX That's ~
24 ~ M~LL l'm so~ I ~o~ y~ ~d s~at~on t~ and ~ ~mn ~
~LA~O &mzo~o co~sslo~ ~ 11~ 2OOl P~o 121 - ~ago 124
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Page 125 Page 127"~
I MS HUDSON I think that It IS vcr~ l~ely, I Commissioner Oousdic
2 espzoially in areas in this pan of town, for exampl~ 2 Ms oom~.Dl~, l'd like to make a motion that
3 Here is the City lumt hoe nght h~ at Mayhill, 3 tho proposed anncxaUon ha aanoxcd coming in at
4 Thcro's the 9thor City lhl~tt linc 'l'ins Is ess~tlally a 4 Agricultural bc transtt~omng to an l~clt :t upon tho
5 donut hole ia tho middle, 5 adoption of the Dcvelopmtut Code regarding th~ above
6 MR.,MORI~O Okay So thos~ areas that are 6 refcrcaced property
7 kind of yell,ow, am thos~ all going to come to us as a 7 Ms Hour second
8 potenttal ne~Iaborhood center zoning as it transitions g ~ MC~ILL. commissioner l~shal
9 from ETS to City hot{ts to -- 9 Ml~ IUSnEL. yeah I think ~lus is just an
10 MS HUDSON, Idon't ~hml-' that all of thom 10 cxcellant cxamplc of why we bnng it into discussion and
11 will bo of tllis intensity There ar~ vur~ng intensities I 1 have an oppomimty to hear from the citlzans' And I just
12 from two to 12 units an acre. ' ~' 12 waut to clarlfywhat Mr Rcichl~rt sald, woamcapabloas
13 MR. MOP, I~O okay 13 a Coronuss~on of reconuntndlng anything we'd ld~ to
14 MR. RBICHHAI~T Ther~ are neighborhood centers 14 recommend and I apprecmt~ the motion that's I~cn put
1 $ located throtl~hout those areas It's not every property 1:5 forth It could have bren ~c~ somuthtng or anythtng else
16 will be a oo~hborhood center but there are neighborhood 16 v~ wanted to designate it to And I think that that's ous
!7 centers As,wegctintotbelnapping, wc can look at whcre 17 respoos~thty at this point m tur~ to try to find ti~
18 they're located ~,Vo haven't gotten to that point yet tn lg most compatible situation for tho neighbors that we've and
19 our work sessions But w~ could got there and look at ~t 19 the other developments thut have taken place out thc~
~0 and say, you know, this is not a.8_ood pla~ for a 20 and we very much app~ciato th~n spc~tng with us and
21 ne~ghborho~xl center, L~t's ll:ov~ to her~ 21 showing us what we can do
22 MI~ MORI~O is map Is go,ns to be refined, 22 I do want to d~fecd the City, thoug~ in ti~
23 as v~ ,t, scuSsed in pr~aous :ocean,s? 23 fact that I tiunk we had to call ~vcrytinng that was
24 MR. P. EICI-IHART Yes 24 outside of our E'r$ something and they called it something
25 Ivlp.. MOR.~IO Okay. Thm~l~ 25 and som~n~ we tgrecd with It and sometimes wc thsagreed
Page 126 Page 12'
I MP.. MCI~TEm~ And leal just rwunded n~ that ~.nth it Whoa they put it forth in theory, it sounded
2 the motion On the floor is for annexation and that's -- 2 ~rcat and I can sec some difficulties, par~culurl¥ when
3 acoord~ng tO protocol and rulcz and Robert's Rules and our 3 w~ start talking about th~:m specifically
4 rules, I gues~ we should b~ ckscus.smg thc aanexatiolt 4 And I think we ar~ capable of overcoming that
5 motion at this point 5 ff w~ k~k at them very specffically and fids is our
6 M~ MOP,~O Sorry I had tO ask 6 opportunity to look at ~lus par~cular scutton b~ore wc
7 MP,. M~L~ l'rn JusI trylng to impose our 7 bnng it into the C~ty and I can support this motion very
S self-duccted rulgs' 2 esslly Thank you
9 MR. MORIOn If I had -- 9 UR.l',lCl~'~I.t~ commissioner Holt
10 M~ Sl, a'O~I~ ?here wdl be anothar motion, I 10 MS ~or.~' ~o
11 essurnc, wh~ thoro -- Il Mlt. MCI~ILL. Conumssxoner Wdhamz
12 MR. MOl~rO well, just fi' I had been allowed 12 M~ WlLtIAMS wcll, unfortunatcly, I'm not
13 to speak befor~ tho motion, I think that my commentary 13 r~dy to ¥otc for any dczlgnatlon of a zoning when we have
14 would have bsen okay 14 ant even discussed the zomog map And I think we're
1:5 IvlR. MCNEILL And thc me.on was mede so I had 1:5 pumng the horst hnfor~ the cart (sic) I would much
16 to -- we hod to have a second a~d tiaa I celled on you 16 rethcr that wc would postpone this and look at the zeroes
17 bccaus~yourhghtwasnoxt Allri~ht Havingclanfied 17 maptncontcxtofthnantimCltybccansewocouldmake
18 the rules an~t procedures and ~hat's next, we have a mot~or 18 s~nous mistakes on this before we even look and discuss
19 on thc floor ,to consxdar mnkt~ a t"e, comm611(~ittioo to City 19 t~ zomng map, tho whole zomng map
20 Council reg~dlng thc proposed annexation Is there 20 I've had scaous problems with thc zoning map ,
21 add~tional discussion on that motion? Arc you ready to ~ 1 but and - but duo to our Al~¢nda, our heavy workload, I
22 V0t¢? Vot~ on tt~ board, ples!e Motion pasts 7-0 ~2 haven't had an opporllmlty to spcnk to thc zoning map and
23 All right We kayo now recommended to -- w~ 23 I ~ally wish we could just hold off on tbs unlal we can
l
24 will nOW bo recommending to City Cotlnoll that tins l~nk at tl~ zoning map ts a whole rather than a partial of
25 particular site be annexed. Now, tl~ floor is open 2 7 th: zoning map because this anmng is going to affect
PLANNING 8~ ZONING COMMISSIONBR APRIL 11, 2001 Page 125 - Page 128
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Page 129 Page
I som~tl~ng later on I rather than two acres So that's intcrestInl] And
2 Ma. blot, miLL. cenmussmner Mo~no 2 docs it not have adthflonal uses? Is that not the one
3 MR. Mop.~O' Mr Chairman, thank you I know 3 that also allows day cam con.rs and kanncis?
4 l'm aupposod tolknow it but for my benefit, would you give 4 ~ ~,ICh~LL l looked that up hero and it
5 me a synopsis or Mr Re~cldiar~ or somebody give me a 5 let cio l~ad what it is
6 synopsis of what Naa-2 allows? 6 Ms. ~,PPLV.. ~causc I thought them
7 ~ ~zcali,t,B'r it s basically a residential 7 ad&t~oanl uses that haven't bcun menttoned ha~
8 clessffiaat~un I thtllk it does allow acme donl.qulult~ 8 ER. MCNI~ILL. It has a~nculturc with sup,
9 servicec type of tl~ngs It's one and a hall units per 9 single-family dv~lhngs, accessory dwclhng milts,
10 acr~ but it's really a rcstdennal zuntcS cat. cry 10 at~ach~d smgl~-fanuly dwdhngs, community ~homes for thc
Il IV!R. MO~O- with ec~m:l to Mr Williams' Il thsabled, homaoccupat~on, cqucatrian facilities,
12 conccras, if a developer dashes to change it to som~/kia$ 12 conuncrctal outdoor r~c,-entlan, temporary uses, and
13 else, that would came back haf~ tlas body, is that 13 kennels, uttht~cs, parks, churches, scrat-pubhc halls,
14 carrot? 14 clubs, lodges, adult or daycarc and kindergarten, and
15 ~ E~C~aAaT ff ,- ~c eventually that it 15 elementary school
16 weald be approvcd at Nca 2, yes 16 l~ls.~l,P~. ?hankyou Ithoughttlm-owcre
1,7 ~ EIS:-IEL UpzoomS, only if it's going tho 17 several additional uses that had not been m~teaed
18 other way 18 ~ Ma, mm~. Do you have addl~/ounl comments?
Ii) M~ I~lClt:-IA~T ?amy can go any way riley want 19 Ms ltuosoI,1 I~o, sir
20 hut, I mean, that's ddie lova~ ealegor~_~. · have,, file 20 ~ MC~.aI.~. okay Commissioner Morro
2t lowestdansitywohaveinll~ncaghb'~r~oodoon~rzontng 21 las. Mealie. Yeah I'mjustkiodofth!nt-ln~
22 classfficaUon 22 out loud, Mr Chan'man But I don't agr~ with tho
23 MR. SNYD~R- I thtr~'e s~metlan~O]~O necdatu 23 oolghborhaod amtcr, Naa s or 12, in this area I'm not
24 be pointed out, and I aslmt Ms Rateldf ff sim remembered 24 sure that Ncit ~ is appropriate eitl~r so I guess I'm
25 but she wasn't as tho work sessrous, at some previous 25 wi~thng with what I'm going to do with my vote I would
page 130 Page 132
I Council work $easlons, there were some discus~ou8 about 1 almost rather sec it zoned A~nculturo with a transition
2 changm8 l~Cl~.2 to two units pa' acm instead of 1 $ units 2 to bo d~turmlncd at a fuluro date after tho zoning maps
3 pet aero, and I think the Courted at a work session had 3 are a hula clesrer than di~y m.~ today
4 smd that they ~vere going to probably do that 4 ~ Ma, mint. ~ haven't spoken ~ Let mo
5 So that needs to be clear here tonight becaus~ - 5 mal~ a few comments and then tlm~'s anothar Bght on
6 Larry smd ~t was 1/~ umts per acre and I ~ 6 here I would lika to - as the moaea si~mad~, I could
7 tllttmately, it dep~lds~on what y'all recommend ? untanpportit Butllweoould~Iwouldllkotomakea
8 ultrmatuly, but I ~w/nted you to be aware of that before 8 friendly mot~on that - amendment, fnendly amendment that
9 yell voted telebit 9 we s~op tho r~oommcndauea after zoning district so that
10 MR. RISHELt I remember that discussion 10 way w~ would consider makiog a r~commoodattun to City
11 MP.. IvICNBILL COmm~$rouet },~ol'~uo~ ~ you 11 Council r~gardmg tho proposed zoning to Ag zoning,
12 throl2gh? 12 p~lod And then wc could take up -- ~th~r postpen~ or
13 MR. MORENO I'm done 13 tul~ up at a lata- dat~ what wc want tu do m lorm~ of thc
14 MR. MCNEILL okay I waot to luake atlre I 14 transition, because vm don't know, as several of yea"h~ve
15 don't interrupt you Commismonet Apple 15 sa~d, what that's gems to ha when we finally approve
16 MS HUDSON l'msorry Iflmay, I'dlfileto 16 We havc not approwd this and so wa'r~, as same of you
17 clmfy the potential laud mos m KCI~-i It does not 17 have sald~ wa would ha voting OO something w~'l~ not even
18 allow for any commercial uses such as offices or retail 18 sum what it ls But I'd make that ~s a fnendly
19 I think the only thing ~t allows for ~s outdoor 19 amenchnent
20 recreation 20 ~ Sl, V/~2. May I make a sugg~on?
21 MR. MCNI/ILL. ?h~ltyou Commlss~onetApple 21 la,~.l,~C~al.~, oonghtah~ad
22 MS APPLE lappreclateMr Snydet clafff~-ng 22 ~ts. sm'l)m itlunkitwouldbosunpl~rdwo
~3 that because I behove that wlum w~ s~nt forward our 23 lust spht the moUons up into thr~ motions That way
24 reoommcndattons on the par'acular chapter dealing vath ev~;ybody could vote thor conscience on ~ach ea~ So
25 that lssue~ It WaS P&Z~s r~,ommendatton that i! be 1 5 28 that you've aI~ady voted on the annexation Yo_h~have a
PLANNING & ZONING COlVIMISSIONBR APRIL 11, 2001 Page 129 - Page 132
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Page 133 Page 135
I motion on wh/t tho zoning should bo upon annexation which 1 MS. OOVaVI~. can I vnthdraw my mellon?
2 would be At,cultural And then have a thtrd motion 2 Because it has to be restated and so I can't nay the
3 deahng with the - with what you think it ought to bo 3 second half of tl~s I need to withdraw tho motion and
4 under the newlDevelopment Code. 4 then repeat tho motion
$ ~ M(l,r~ILt~ ! thought that's what my 5 ~ st,~'H,v.s. NO, you don't
6 fnaudly amendment was, do that very thing that you just 6 Ms OOUP. DI~. eecausn - yes, I do, becausn I
'7 said '7 said, instead of a friendly amaudmaut, it's a whole new
8 Ids. SNYI:*ER. well, but it still was in one 8 motion is what is be, lng esked for becausn you're now
9 motion That's why l*m Just saying let's - 9 spll~ng it into thirds instead of to halves It's not
l0 IdB. Men. ILL. NO, no, ! said we would stop 10 one -- tt*s not two motions, it's now threa motions
11 thc~ with this ,motion and than we'd have another motion 11 ~ s~'o~s. It might be shnplcr just to
12 as to what we~would recommend that it be b~v~l~t in That 12 withdraw it and mnkn another motion
13 was my amendment to - 13 Ms OOUHH[~ ~ think that would be much
14 Ivuc st,,'YUm~, t just mlsunderstund you 14 simpler for what's happeamg so I withdraw my motion
15 Em. taC~Lt. 'rbet*s all right I don't want 15 ~ M~'mLL~ ~11 right I think our rulc~
16 to dehato you 16 pcrmlt that so is ther~ a moUon on tho floor than to
17 MS. OOCRDI~. ~ only problem is is that we 1'7 consider mal~ng a ~ccornmendation to Council on the
1'8 cen't h'ans~tion Into un Ag zoning disidet whan we dun't 18 Allricultusul? Conumssloner Hult
19 have onn in th8 now Denton Development Plan 19 Ms HOLT ! make a recommendation that we --
20 tvm. ssyul~ No What wg~_be doing is we'd 20 I mcan, a motion of tho propuscd aunexation- no, tha
21 be .lust zonmgltbe pmpesty Ag curr~fl~/ 21 zoning to Agricultural
22 Ms. OOII~DI~. ~ understand but tho No 3 would 22 Iv~ MCCALL Okay Is th~m a s~ond?
23 b~, in hem it says ~rauslfloning to nelghborhun~cen~ 23 Ms~ oou~op, second
24 and the recommendation was for NCR 1~ and'~'~6 24 ~ Ma,~l~.t okay It's beau made and
2~ ~ sl, rl~l~l~ Ta!m OUt tbe word transition and 25 seconded, Is there any discussion? Commissioner Mercno
Page 134 Page i36
I we'll just dcalvaththat es as~paratemotion I ~S. MOV.~O wahregnrdtoMs Ounrthe's
2 bis ~OUP, DIIt, fright But I ~uess what thew 2 question about thn lack of au A~ncultusal classification,
3 whole beef ts ~s that there's no Denton Plan and there's 3 the now Codn has not becu adopted y~ is that con, et?
4 notlung to trans~tlon to because there is nothing out 4 ~ sm~o~ That's correct
~ there that ~s aeeesstble in their minds that's aotually 5 M~. MO~C~ so ~eday wa do haw an
6 extstmg to transition to So in their minds, it's just 6 Agncultoral cl~tgnation
7 Agncultural 'and that's as far as v~ should take it, 7 ~ S~V~D~. ?hat's conect.
8 becaus~t'snot~oh~tochange TbeywantA~rlonltural 8 ~Mom~o, aythetonc~ssetspnssed,
9 but w~ don'l~ have Agrloultural m the Denton Plan and 9 thet designation may go away because the Development Code
10 stuff 10 could potentially bo adop~xl befor~ this prol~rty is
11 MR. SNYDER I guess what I'm saying is let*s 11 finally unn~xed
12 go ahead and haye tbe motion on what it should be upon 12 Ms H~JOSON If I make a suggestion, basically
13 unncxat~on (]~t that otlt of tho way Andtbeulat'stake 13 l~oktngatthocakndarforwhauthspropc~ty~sgomg
14 up the motion on what the future zoning ought to be 14 through th~ annexation process, it is scheduled to ha{e'
15 MS/~OUROI~ I was also under the uupress~ou 15 its zomng he~/a~ its last C~ty Council hesnn~ which
16 that it was atltomatlcally, once you annexed tbe land, it 16 is on lunn the 5th If wa defer the fumm zomng un~
17 besomes Agrinultural 17 May thn 9th, wa would still have lime to keep tt la tho
18 MR. RISHEI..: The way it stands now 18 annexation sahedul¢
19 MS OOURDIE Yes 19 Ivl~Mci~-~.~ cunumsslonerWdhams
20 MR SNYDER. NO We've been -- ~ 20 ~ MOS.L~O I'm sorry I brought it up
Il MS HUDSON ithluklt'smoretraditIbnthau 21 Iv~Wl/,LIAIviS Ine~dapo~ntofmfurmatiun
~2 nutomatic 22 ~. sh,~u~. ,~gmn, I ~nk we ought to go
13 ~ SI'V/DER NO, we've been doing that -- 23 ahead and vot~ un tbs motion and get this out of lha way
14 we've b~a having separate zonings on these annexation and then we can &souss what we want Io do with tho future
15 for qtlito some ~ 2nst to make sure we -o 2 9 zomng
PLANNING &ZONING COM1VIISSIONER APRIL 11, 2001 Page 133 - Page 136
CondenseltTM
Page 137 Page 139
I And as far as ther~ will bo an Agncultu~ 1 I just want to make that clear
2 zunmg classification Il' tham at~ prop~les that ar~ a 2
3 zoning cl~sstfication under tho cur~nt Cod~ that am not 3 understaed Wo have a motion on tho floor which was
4 addressed in the n~t Code, then w~ will have to have a 4 seconded to recommend to thc C~ty Council that this
5 p rov,.slon m ti~ uaw Code to make those - that pergon of 5 particular site bo brought in as Agncnltaral zoning
6 thc old Code survive until such time as tboy'm tezoned 6 Ms. stcYo~, mght
7 We'il havc to do that Sothlsisonaofti~roasonswhy 7 MR. bICI'~ILI., That'swhatwo*rogningtovoto
8 wc'r~ mains this rcconvnendation asking you to ~ a 8 on now A.~ there additional comments or ~n~t__-uns? Then
9 r~cc, n,m,-~zadatien,for thc futu~ zoning so wa'ye gone through 9 'w~'ro ready to vote on the second motion Plense vote on
l0 thc pubho hearing profess, v~ won't have to go through it 10 tho board Motion passes 7-0
11 ngam. Tl~t'st~solepurposefardningthts That's 11 Allnght Now, Conumss~oneas, tstlm~a
12 why I r~c~',,~mend v~ just go ahesd and veto o~ tl~s and then 12 deabo to make a ~h'd motion concarning tins unn~'.ation?
13 v~ cun t,,',m up II~e thh'd issue 13 MS mJOSON If I may at this pnint, Mr
[4 ~.~.MCI~ILL P. Jght Wehaveamoflonuntbo 14 ~r~,tr, aslwassaylng, tndeahngw~ththeschedniefor
15 floor and Commissioner Wslhams has a quest:on 15 the draft Code and the draft map as you're looldng at it,
16 ~,~. v~I.I.A~s. ~aw~rs never answer my I
l~ qt~sl:onbocausoln~xlayosorun Okay TbowayI 17 theoppon'uultytovoteonthcfuturezontngofthlsun
18 unde~tand ti~ motion now is wa vail get to look at ~hts
19 zonm~ in ga~ coni~x~ of tlm whole zoning map ~ all 19 after you are suppos~ to have look~l at tho map fer City
l0 otbor prol:,ertiea, rlghO ,.,.~ 20 Council It will also g~ve lhe appropriate lima so that
21 ~,.~.st, v~E~. NO TMsmoflo"n~just- 21 ~tcanbo--haveth~adcquatespacingltn~xls, aocerding
12 ~,n~wlI. l~ls. NO, Un, no I'm talking about 22 toS~a~law, b~tweenthatundth~flmethattbo'~zb~lngts
23 in t~ fittm'e I'm not talking about tonight. In other 23 heard at City Councd _ _
24 words, I ~ to know what l'm voting on 24 MS. R~tC~HART Another option, I think, that
25 bn'~ SNYDm{. All tins mot:on is is that yOtt'ro 25 you have is on the ,fiitarc zoning that you vnll :flake your
Page 138 Page 140
I recomme~dmgltbet ths property be zoned Agricultural at I :~'.ommendation on tha fut:tro zoning at tho same thaa you
2 tho lame that tt~s annexed rotc tho Ctty 2 make your rcenmmendation on tho zoning map That would bo
3 M~ WILLIAMS okay l',lext thing 3 tho easiest and cleanest way to do it.
4 lvrR. gNYDER Than ther~ will be a third motion 4 ~ VaCLtAMS okay
5 that vall be taken up on what you recommend =- 5 ~ SNYDER. W0 ~uddlsd through that finally
6 M~. WILLIAMS NO, I don't want to go to tbe 6 ~t~ct,,~cc Yes Okay Ms Hudson, do you
7 tlxtrd motaon I wa~at to stay wtth thts one because this 7 have additional comments?
8 one I'm going to ~'dte on right now
9 M2.. SNYDER TlUS ona won't address the other
10 issue 10 am I heanng that you're not ~ady to maka a motion on
I1 IvI3LWILLIAMS okay The question is, okay, 11 ~sfutar~zoningrecommendat:on? Okay V. erygood So
12 all Ag property, w~ will Io0k at it on the zoning map and 12 I ~ak wc have now conclud~ Agenda Item 9 We have
13 mak~ dec~stonS, nght, because all this ts old zoning?
14 IvitL P, EIeHHART
15 ~ WILLIAMS Thank you the
16 MR. $NYDER But that's a httle misleading 16
17 bec, a~ c,ae~ the n~w Code ts edopted, thoro won't be Ag 17 and
18 ~ P~CHHART I think what Conumssioner
I~ W:!~u~ ~ ad, Lug ~s that wh~ we mal~ tbe
20 ~cor~dat~On, wben the Comrm$$ton make~ the 20
21 re~o~datwn on th~ zonlng map a~ a whole, yo~ ~ -' 21
22 you c~u ~u$1d~ t~$ proper'~ at that U_~¢ 22
23 I~ ~ll l.T~e[S YeS 23
14 M~ MCNt!ILL Okay 30, go home
15 MR. Sl, P/DER That's not a part of this motion ~a~ MCNEILL. Ail right So having he~rd'
PLANNING & ZONINO COMMISSION'ER API~ 11, 2001 Page 137 - Page 140
ATTACHMENT 4
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING APPROXIMATELY 46
ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED SOUTH OF BLAGG ROAD, APPROXIMATELY 1000' WEST OF LAKEVIEW
BOULEVARD IN THE M FORREST SURVEY, ABSTRACT NO 417, DENTON COUNTY,
TEXAS TO THE AGRICULTURAL (A) ZONING DISTRICT, 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~01-0004)
WHEREAS, the City of Denton has apphed for a change of zomng for approximately 46
acres of land described herein to the Agriculture (A) zomng dlsmct and land use classification,
and
WHEREAS, on April 11, 2001, the Planmng and Zoning Commission recommended
approval of the requested change in zomng to Agriculture (A), and
WHEREAS, the C~ty Council finds that the change m zomng wall be in comphance wath
the 1999 Denton Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zomng chstnct clasmficat~on and use designation of the 46 acre
property as described m the legal description attached hereto and incorporated hereto as Extublt
A is changed from temporary Agricultural (A) zomng dmmct and use designation to Agriculture
(A) zomng dmtnct classification and use demgnat~on under the comprehensive Zomng Ordinance
of the C~ty of Denton, Texas
SECTION 2 The C~ty's officml zomng map m amended to show the change in zomng
district classification
SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase, or word in
th~s ordinance, or application thereof to any person or circumstances is held mvahd by any court
of competent junsdmt~on, such holding shall not affect the validity of the remalmng portions of
this ordinance, and the C~ty Council of the C~ty of Denton, Texas hereby declares ~t would have
enacted such remmmng portions despite any invalidity
SECTION 4 Any person violating any provlmon 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
S \Our Documonts\Ordmanees\01XZ 01-0004 doc
SECTION 5 Th~s ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary ~s hereby d~rected to cause the captmn of this ordinance to be
pubhshed twine ~n the Denton Record-Chromcle, a dmly newspaper pubhshed ~n the C~ty of
Denton, Texas, w~ttun ten (10) days of the date of~ts passage
PASSED AND APPROVED th~s the __ day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page
S \Our Docum~nts\Ordlnances\01~Z 01-0004 doc
EXHIBIT A
LEGAL DESCRIPTION
Being a tract of land situated m the M Forrest Survey, Abstract No 417, Denton County,
Texas and being part of a tract of land descnbed in a deed to Nell Musgrave, et al,
recorded m Volume 293, Page 418, of the Deed Records of Denton county, Texas and
being more particularly described by metes and bounds as follows
BEGINNING at a fence post on the south right-of-way line of Blagg Road (variable
width right-of-way being the northeast comer of said Musgrave tract and being the
northwest comer of a tract of land described in a deed to Lakevlew Ranch L P recorded
in Volume 4391, Page 1738 of the Deed Records of Denton County, Texas,
THENCE South with the east line of smd Musgrave tract and a wire fence, and the west
line of said Lakevlew Ranch tract, a distance of 1643 50 feet to a fence post being the
northeast comer of a tract of land described in a deed to Doug Prewltt and Anna Kay
Prewltt recorded in Volume 1965, Page 834 of the Deed Records of Denton County,
Texas,
THENCE West w~th the south line of smd Musgrave tract, and the north line of smd
Prewltt tract, and the north hne of the H O and Lavoma Jo Prewltt tract recorded in
Volume 820, Page 614, of the Deed Records of Denton County, Texas, a distance of
1421 00 feet to a point on the north line of a tract of land described in a deed to Doug
Prewltt and Anna Kay Prewltt recorded in Clerk's File No 93-R0057448 of the Deed
Records of Denton County, Texas, also being the southeast comer of a 15 foot road
easement conveyed to Beatrice J Peterman, recorded in Volume 481, Page 526, Deed
Records of Denton County, Texas, fi:om smd point a "T" post bears North 32 degrees 01
minutes 38 seconds East, a distance of 5 34 feet,
THENCE North with the west line of smd Musgrave tract, and the east line of smd road
easement, a chstance of 710 41 feet to a ½"~ron rod found for a comer,
THENCE East, a distance of 165 00 feet, to a ½ inch iron rod set with a cap stamped
"Prem~e Land Surv "being an ell comer of smd Musgrave tract,
THENCE North, a distance of 261 78 feet, to a V2 inch iron rod set with a cap stamped
"Precise Land Surv" bexng an ell comer of smd Musgrave tract,
THENCE West, a distance of 165 00 feet, to a ½ inch iron rod found for a comer, on the
east line of the aforesmd 15 foot road easement,
THENCE North, with smd eat line, a distance of 247 72 feet, to a 3/8 inch iron rod found
being the southwest comer of a tract of land described in a deed to Arch Oldham and
Jonme Kathleen Duma Oldham recorded in Volume 2860, Page 802 of the Deed Records
of Denton County, Texas,
THENCE North 89 degrees 59 minutes 36 seconds East, with the south hne of smd
Oldham tract and a w~re fence, a d~stance of 676 35 feet to a fence post being the
southeast comer ora tract of land described m a deed to Ernest B Parsons recorded in
Clerk's File No 97-068152 of the Deed Records of Denton County, Texas,
THENCE North 00 degrees 05 m~nutes 17 seconds West, w~th the east line of smd
Parsons tract and a w~re fence, a d~stance of 416 59 feet to a fence post on smd south
right-of-way hne being the northeast comer of smd Parsons tract,
THENCE North 89 degrees 28 minutes 01 second East, said south right-of-way hne, a
d~stance of 745 32 feet to the POINT OF BEGINNING, and contmmng 2,003,300 square
feet or 45 989 acres of land
AGENDA INFORMATION SHEET Agenda
Date
AGENDA DATE' ~e 5, 2001
DEP~TMENT: Plying Dep~ent~
C~CM/ACM: Dave Hill, 349-8314 ~
SUBJECT - SP-01-0004 (Sherman Shell)
Hold a public heanng and consider adoption of an ordinance approwng a ProJect Plan/Detmled
Plan at 801 Sherman Drive in a Planned Development (PD-197) zomng district The 0 6 acre
property ts generally located ¼ mile north of Bell Avenue, on the west side of Sherman Drive A
convemance store with gasoline sales is proposed The Plarmlng and Zoning Commission
recommends approval with conditions (5-0) (SP-01-0004)
BACKGROUND
The applicant is requestmg redevelopment of the s~te into a convenience store with gasohne
sales The surroundmg neighborhood is comprised of the retml uses to the south, a large church
under construction to the north, and by a vacant tract to the west The existing building will have
the overhead doors removed and replaced with brick walls or glass windows and will have a new
roof fascia installed The exxstlng canopy and gas pumps will be removed, and a new canopy
with gas pumps will be installed that is parallel to the street frontage The new monument sign
follows the City Council condmons placed on May 1, 2001 New landscaping will be planted on
the southeast and northeast comers of the lot
)~ The property is located in the Planned Development (PD-197) zoning district created in May
1, 2001 by Ordinance 2001-190
)~ The Denton Plan shows this area to be wltMn an Existing Nelghborhood/lnfill Compatibility
area As an existing commercial facility, the site functions more as a Neighborhood Center,
which promdes convenience shopping for goods and services to an individual neighborhood
The proposed development conforms partially with the Denton Plan and conforms to the
approved Zomng Plan/Concept Plan
)~ Compliance with draft Zoning The site will be in partial conformance with the draft Zomng
Map designation of Neighborhood Residential Mixed Use (NRMU), which would allow a
convenience store, but not gasoline sales The Project Plan/Detmled Plan is in conformance
with the current Planned Development (PD) zoning district
)~ Eleven (11) property owners were notified of the zoning request One (1) response in favor
of the request and three (3) responses in opposition to the request have been received (See
Attachment 1)
OPTIONS
1 Approve as submitted
2 Approve with conditions
3 Deny
1
4 Postpone consideration
5 Table item
RECOMMENDATION
The Plamllng and Zoning Commission recommends approval (5-0) of this Detailed Plan request
with the following cundltmns
1 Any new lighting on the property should be designed and maintained so as not to shine
on or otherwise disturb the surrounding residential properties or to sinne and project
upward, to prevent the diffusion into the night sky Additionally, all lighting shall be
recessed to proinint outward shining, winch shall be attached to the Detmled/Project Plan
(A hghtmg plan has not been received to date The applicant has been asked to present a
hghtmg plan at the City Council meeting that meets the intent of the Concept Plan
conditions )
2 All signs shall at a minimum meet the City of Denton Sign Ordinance, but shall include
the following addittonal reqmrements
a All free-standing signs shall be monument signs
b There shall be no neon signs
c No signs adve~smg beer or wine shall be vmwable from the exterior of the
building
d No signs shall be placed on the exterior of the building except within the
w~ndows
e Additional sign detatls shall be attached to the Detmled/Project Plan
3 The dumpster enclosure and gates must be constructed with an opaque design
4 Hoursofoperataonshallbehmitedto600am tol000pm
5 There shall be no outdoor loud speakers
6 Uses on the property are limited to a convenience store with gasoline sales
7 The photos showing the exterior elevations of the building that were presented to the City
Council at the public heanng on May 1, 2001 shall be attached to the Detailed/ProJect
Plan
ESTIMATED PROJECT SCHEDULE
None
PRIOR ACTION/REVIEW
The following is a chronology of SP-01-0004, commonly known as Sherman Shell
Application Date - February 26, 2001
DRC Date - March 8, 2001
P&Z Date - May 9, 2001
FISCAL, INFORMATION
The re-zorung of th~s property w~ll have no effect on the assessed value of the c~ty, county, and
school d~stnct, unless redevelopment ofth~s s~te ~ncrcases the assessed value of thc property
ATTAC~tMENTS
1 Planning and Zomng Commission R. cport, May 9, 2001, SP-01-0004
2 Planning and Zomng Commission minutes from May 9, 2001
3 Draft Ordinance
Respectfully submitted
D~rector of Planmng and Development
Prepared by
Beth Hudson
Planner I
~ ATTACHMENT 1
A§cnda No
Agenda Item "~
PLANNING AND ZONING COMMISSION Date
STAFF REPORT
Subject Sherman Shell Case Number SP-01-0004
Staff' Beth Hudson, Planner I Agenda Date' May 15, 2001
Hold a pubhc hearing and consider making a recommendation to the C~ty Council regarding the
Project Plan/Detailed Plan of apprommately 0 6 acres, commonly known as 801 Sherman Dnve, ~n a
Planned Development (PD-197) zomng dmtnct The proposal ~s to remodel the exmt~ng building for a
convemence store and to remove and replace the gasohne pump canopy
LOCATION MAP
Location 801 Sherman Drive, apprommately ¼ mile north of Bell Avenue
Size. Approximately 0 6 acres
F//ename
Applicant. Joel Plangman Owner. M~llenmum Gasoline Corp
3300 W University Drive 2613 Brooks~de
Denton, TX 76207 Irving, Texas 75063
The subject property was placed ~n Single Family (SF-7) zomng d~stnct and land use classification ~n
1969 by Ordinance 69-01 Prior to that time and through the present, the building was used as
automobile serwce station The request proposes a convenience store w~th gasohne sales (see
Enclosure 1 ) The existing bmld~ng will remain and be remodeled The gasoline pump canopy w~ll be
removed and replaced The building ~s proposed to have a brick and cultured stone extenor and new
roof treatments.
The Zomng Plan/Concept Plan was approved on May 1, 2001 by C~ty CouncIl The ordinance
approving the change in zoning ~s being rewewed by the Legal Department Ifthe ordinance ~s signed
and available prior to the May 9, 2001, Planning and Zomng meeting, cop~es of the ordinance w~ll be
furmshed to the Commissioners
1999 -2020 Comprehensive Plan Analysis
The Comprehensive Plan identifies this property to be within the "Ex~stmg Nelghborhood/Infill
Compatibility" (See Enclosure 2) As the s~te Is considered Ex~sflng Res~dentlal/Infill Compatibility,
where in estabhshed resldent~al areas, new development should respond to ex~st~ng development w~th
compatible land uses, patterns, and design standards As an ex~sting commercial facility, the s~te
functions more as a Nelghborhood Center, which provides convenience shopping for goods and
services to an ~nd~vldual neighborhood The proposed development would be part~ally ~n conformance
w~th the Denton Plan The site would be ~n part~al conformance w~th the draft Zomng Map des~gnabon
of Neighborhood Residential M~xed Use (NRMU), which would allow a convemence store, but not
gasoline sales The proposed Project Plan/Detailed Plan does conform to the approved Zomng
Plan/Concept Plan
Transportation
A Tr~p generation
The property ~s currentlyzoned Planned Development (PD) The number of possible vehicle trips
w~ll remain the same from an automobile service station to a convemence store w~th gasoline
sales * The surrounding street network w~ll be minimally ~mpacted by the change ~n land use
· Proposed Average Trip Generations prowded by the Institute of Transportation Engineers, 1991
B Access
Ex~sbng access ~s on Sherman Drive
2. Utilities
Th~s s~te has access to existing water and sanitary sewer hnes
3 Drainage and Topography
The parbal~redevelopment of this site does not s~gmficantly ~mpact the existing drainage A
prehm~naryldra~nage study w~ll be required w~th the submission of a prehm~nary plat The study
must include calculations of the 100-year storm for all drainage areas on th~s property and any
area that drains towards th~s property. The developer must ~ndlcate the method by which new run-
off w~ll be carried across the property or stored on the property
4 Signs
One s~gn exists on the rote, which w~ll not be removed The exlsbng sign ~s 40' tall, which exceeds
the S~gn Ordinance by 20 feet The exisbng s~gn ~s a total of 82 square feet, which exceeds the
Sign Ordinance by 22 square feet The maximum square footage of signs on primary arterial
streets is 60 square feet All new signs must meet the Sign Ordinance
5. Off-Street Parking
New development or redevelopment must provide parking according to the regulations of Chapter
35 (35-301) of the Code of Ordinances Using the current building, general retail uses would be
required to,prowde 7 parking spaces, which are noted on the S~te Plan
6. Landsoaping
New development will have to comply w~th the Landscape Code, which currently requires 15 trees
per acre and 20% of all surfaces to remain pervious (plantable area) An alternabve landscaping
plan has been submitted which contains the required 20% landscaping area, as the ex,sting s~te
has topographical constraints that hmit tree placement
7. Open Space and Recraatlonal Areas
Commercial projects are exempt from the Park Land Ded~cabon Ordinance
8 Lighting
Any new lighting on the property should be designed and maintained so as not to sh~ne on or
otherwise dmturb, surrounding adjacent property or to shine and project upward to prevent the
diffusion ~nto the night sky Additionally, all hghting shall be recessed to prohibit outward shining
9 Environmental Quahty Impacts
No negative environmental ~mpacts have been ~dent~fied
January 14, 11969 - The subject property was placed in the S~ngle Family (SF-7) zomng d~stnct
F/lename
6
and land use classification by Ordinance 69-01 (see Enclosure 3)
May 1, 2001 - The subJect property was placed ~n the Planned Development (PD-197) zomng
district and land use classification
The subject property ~s platted
Not~ce of the zoning request was pubhshed ~n the Denton Record-Chronicle on Saturday, April 28,
2001 Eleven (11) property owners wlthjn two hundred feet were ma~led legal notices, and forty-two
(42) residents within five hundred feet Were sent courtesy notices ~nform~ng them of the request (see
Enclosure 4) As of this writing, there has been 1 response ~n favor of the request, and 2 responses
opposed to the request (see Enclosure 5)
No neighborhood meetings have been held
The ProJect Plan Includes features that The Denton Plan recommends, such as orienting the building
toward the street corner, reducing the amount of ex~st~ng concrete, and ~ncreaslng the amount of
ex~st~ng landscaping The parking ~s located to the s~de of the building so that no parking is found
between the building and the street A landscape plan has been proposed to remove the bufferyard
and street tree rrequ~rements and to compensate for existing s~te conditions The s~te topography and
safety concerns hmit the number and location of new trees The proposed landscaping covers 20% of
the lot, increasing the amount of landscaping area and meeting the ~ntent of the ex~st~ng Landscape
Ordinance
The building will be remodeled to convert ~t into a convenience store The ex~sbng braiding ~s
approximately 1900 s f, with an attached canopy of approximately 1200 s f The new canopy is
proposed to be approximately 1400 s f to accommodate 3 fuehng stations The building orientation to
Sherman Drive will remain the same, while the gasohne pump canopy is proposed to be rotated 90
degrees The ex~stmg bay doors will be removed and replaced with either bnck or glass panels The
extenor elevations show a new stone and brick base around the building to coordinate w~th the new
bricks and paint that will be ~n muted earth tones, so as to not contrast sharply with the ex~st~ng
neighborhood The roof treatments w~ll be in colors found on standard Shell stations
Staff recommends approval of SP-01-0004 w~th the following cond~bons
1 Any new lighting on the property should be designed and maintained so as not to sh~ne on or
otherwise disturb the surrounding resident~al properties or to shine and project upward, to
prevent the diffusion Into the mght sky Add~bonally, all hghbng shall be recessed to prohibit
7
outward ,shining, which shall be attached to the Detailed/Project Plan
2 Ail signs shall at a minimum meet the C~ty of Denton S~gn Ordinance, but shall ~nclude the
following addibonal requirements'
a All free-standing s~gns shall be monument signs
b There shall be no neon s~gns
c No signs advertising beer or w~ne shall be wewable from the exterior of the building
d No s~gns shall be placed on the extenor of the building except within the w~ndows
e Additional s~gn details shall be attached to the Detailed/Project Plan
3 The dumpster enclosure and gates must be constructed w~th an opaque design
4 Hours of operation shall be limited to 6 00 a m to 10 00 p m
5 There shall be no outdoor loud speakers
6 Uses on, the Property are limited to a convenience store w~th gasohne sales
7 The photos show~ng the exterior elevations of the building that were presented to the C~ty
Council at the public heanng on May 2, 2001 shall be attached to the Detailed/Project Plan
I move to recommend approval of SP-01-0004 w~th the following conditions
1 Any new I~ghbng on the property should be designed and maintained so as not to sh~ne on
or otherwise d~sturb the surrounding residential properties or to sh~ne and proJect upward, to
prevent the d~ffuslon into the night sky Additionally, all l~ght~ng shall be recessed to prohibit
outward'shining, which shall be attached to the Detailed/Project Plan
2 , but shall ~nclude the following additional requirements
a All free-standing signs shall be monument signs
b There shall be no neon signs
c No signs advertising beer or wine shall be wewable from the exterior of the building
f No s~gns shall be placed on the exterior of the building except w~thln the windows
g Additional s~gn details shall be attached to the Detailed/Project Plan
3 The dumpster enclosure and gates must be constructed with an opaque design
4 Hours o~ operabon shall be I~mited to 6 00 a m to 10 00 p m
5 There shall be no outdoor loud speakers
6 Uses on the Property are I~mited to a convenience store w~th gasoline sales
7 The photos showing the exterior elevabons of the building that were presented to the C~ty
Council at the public hearing on May 2, 2001 shall be attached to the Detailed/Project Plan
F//ename
8
1 Recommend approval as submitted
2 Recommend approval w~th conditions
3 Recommerld demal
4 Postpone consideration
5 Table ~tem
1 ProJect Plan
2 Land Use Map
3 Zomng Map
4 200'-500' Notification Map
5 Property Owner Responses
Fllena/ne
ENCLOSURE 2
SP-01-0004, (Sherman Shell) NORTH
LAND USE MAP
Pg 14 Scale. None
ENCLOSURE 3
NORTH
~P-01-0004 (Sherman Shell)
PD-2
SUN, SE SF-10
S=-7
SF-lO~th
SF~IO
M=-I " /
[_J
M:-I /i .~_ _ ~~~C~. SF-1C
ZONING MAP
Pg 15 Scale None
ENCLOSURE 4
SP-01-0004 {Sherman Shell) NORTH
200'-500' NOTICE MAP
200' Legal Notices sent wa Certified Mall 11
500' Courtesy Notices sent v~a l't Class M'all 42
Number of responses to 200' Legal Notice
· Opposed. 2 .InFavor 1 oNeutral 0
Percent of land within 200' in opposition 5 '1%
Pg 15 Scale None
~ ENCLOSURE 5
NiOTICE OF PUBLIC HEARIN6
SP-01-0004
The Planning and Zonlng Commlsslon of the City of Denton will hold a public heating on Wednesday,
May 9, 2001, to consider recommendlnn ,~,~.nrnv~d~o C!b; C_~,,-~il the detailed site plan request
common y known as 801 Sherman D~dv~ Single Family (SF-7) zoning dlst~t~vhlch City Council
Is considering chan~l]J3~ed i~t (Pc) zoning district ~ne 0 6 acre property Is
Iocated~3~vtM-e--~st side of Sherman Drive, approximately 1/4 mile north of Bell Avenue A
cox0~n~ence store with gasohne sales Is proposed
/~he public hearlng will start at 6 00 p m.ln the City Council Chambers of C~ty Hall located at 215 E
/ McKinney Street, Denton, Texas Because you own property within 200' of the subject property, the
/ Planning and Zoning Commission would like to hear how you feel about this zoning change request
and invites you to attend the publm hearing Please, In order for your opinion to be taken Into account,
return this form with your comments prior to the date of the public heanng (This In no way prohibits
you from attending and pa~cfpat/ng In the public heanng ) You may fax It to the number located at the
bottom, mall It ,to the address below, or drop it off In-person
Planning and Development Department
221 N, Elm St,
Denton, Texas 76201
Attn: Beth Hudson
The zoning process includes two public hearings designed to provide opportunities for citizen
Involvement and comment. Prior to the public hearings, landowners within 200' of the subject property
are not~fled of the zoning request by way of this notice The first public heating Is held before the
Planning and Zoning Commission The Commission Is informed of the percent of responses In support
and In opposition, Second, the zoning petition Is forwarded to the City Council for final action providing
the Commlsslen recommends approval Should the Commission recommend denial, the petitioner may
then appeal the request to the City Council If owners of more than 20% of the land ama wlthln 200' of
the site submit written opposition, then slx out of seven votes of the City Council are required to
approve the zoning change These forms are used to calculate the percentage of landowner
opposition.
~t..~..~ Please circle one.
Neutral to request Opposed to tee uest
Physical Address of Propeh'y ~thln 200 feet _ _ ~ -- - IJ [ii._.. .jL~
APR--SO--01 18:BB AM A~B~ PRESCHOOL 94B~J~J;$O~20
NOTI'CE OF PUBLZ¢ HEAR3:NG
SP-01-0004
The Planmng and Zoning Commission of the City of Denton will hold e pubho hearing on Wednesday
May 9, 200% to consider recommending approval to City Counc, the detaded site plan request,
commonly known as 801 Sherman Drive, In the Single Family (SF-?) zoning d~stnct, which C~ty Council
Is consldertng changing to a Planned Development (PD) zoning dlstnct The 0 6 acre property is
located on the west side of Sherman Drive. approximately 1/4 mile north of Bell Avenue A
convenience store with gasoline sales is proposed.
The public hearing wilt start at 6.00 p t~. In the City Councd Chambers of City Hall located at 215 E
McK~nney Street. Denton. Texas Boeause you own property within 200' of tl~e subJecl property, the
Planning and Zoning Commission would like to hear how you feel about tills zoning change request
and mwtes you to attend the public heanng Please In order for your oplnlon to be taken rote account
return this form with your comments prior to the date of the public hearing (Th~s tn no way pmh~7~/t~
you fronl atlendlng andpart~cipating In the public hoanng ) You may fax ~t to the number located at the
~bottom, mall it to the address below, or drop It off in-person
Planning and Development Department
221 N Elm St.
Denton, Texas 3'6201
Attn: Beth Hudson
The zoning process Includes two public hearings designed to pmwde opportunibee for citizen
involvement and comment Prior to the public hearings, landowners w~thin 200' of the subject property
are nobflod of the zoning request by way of this notice The flint pubhc heanng Is held before the
Planning and Zoning Commiss~on Tho Commission is reformed of the percent of responses ~n support
and m oppos~tion Second, the zoning pebt~on is forwarded to the City Council forflnal action providing
the Commission recommends approval Should the Commission recommend den~al, the petitioner may
then appeal the request to the C~ty Council, If owners of more than 20% of the land area w~th~n 200' of
the s~te submit written opposIUon, then six out of seven votes of the C~ty Council are required to
approve the zoning change These forms are used to calculate the percentage of landowner
oppositlot~
Please circle one ~
In favor of request Neutral to reques[
. Comments:
Printed Name: /~* ~/$b ~
Telephone Number ~ ~ - ~[ ~' 6 ~ ~ ._
Phys~l Addm~ of Propeffy wi~In 200 feet' ~, e O
CI~ OF DENTON, TE~S cI~HALLWEST . DE~ON.T~S 76201 - 940~g83~ ·
[8
04/30/01. 14 S3 FAX 940 683 3094 ~ACI~LI"J~ CORR ~ ~]o2
NOT'J:CE OF PUBL];C HEAR/:N
SP-01-0004
The Planning and Zoning Commission of the City of Denton will hold a pobl~ heanng on Wednesday.
May 9. 2001. to consider recommending approval to City Council the detalied site plan request,
commonly tmown as 801 Sherman Drive. In the SIr~le Family (SF-7) zordng dlstr~ct, which City Counc~
Is considering changing to a Planned Development (PD) zoning distr.. The 0 6 acre I~OPettY
located on the west aide of Sherman Drive, approximately 114 ml/e north of Bell Avenue. A
convenience store with gasohne sales is proposed
The public heating will start at 6'00 p.m in the City Council Chambers of CitY Hall located et 215 E
McKfnney Street, Denton, Texas. BeCause you own proper~y within 200' of the subjec~ properly, the
I:~annmg and,Zoniog Commission would like to hear how you feel about ~ds zoning change lequest
and invites you to attend the public hestfng Please, In order for your opinion to be taken into
return thls form with your comments prior to the date of the public heanng (This in no Waylan3~b~
you from affending endperUcipabng in the public heating ) You may fax It to the number I_o. cated.et the
bottom, mall itto the address below, or drop it off in-person
Planning and Development Department
221 N, Elm St.
Denton, Texas 70201
Attn: Beth Hudson
The zoning proce~ Includes two public hearings designed to prmade opportunllJes f~ ctttzen
Involvement ami comment. Prior to the public hearings, landowners wittm 200' of the subject property
ara notified of the zoning request by way of this notice. The first public hearing is held before the
Planning and Zoning Commission. The Commission ie informed of the percent of responses in support
and In eppesRisn. Second. the zoning pet~on Is fo~varded to the Clty C, oundl for final actJo~ provkling
the Commtsslon recommends approval Should the Commiesion recommend dental, the petitioner may
then appeal the request to the City Council If owner~ of more than 20% of the land eras within ~ of'
the site submit written opposition, then e~x out of seven votes of the CRy Council am required to
approve the ,zoning change. These forms ate used to ~alculate the pereenfage of
oppssRton.
Please drcle one: ~ ~ ~L'.~
In favor of request NeUtral to request /,~7osed to reques~",~ o½r~
Common :
c.y, stata ¢ -
- qf' ,
TetephoneNumber. ~'~. 0 - ~'~ ~'~-("- . ~ .
PhyslcalAddrsssofProperb/wffhin20OfeeL fie/(, ~.. j,-/.,,T~.,,,ao
CITY OFDENI'ON, TE)645 crrYHALLWeSr - DEm'Ot4. TEXAS 7e20~ · S40.S4S ~3S0 · (F)e40.a4a.770~
AREA CALCULATIONS FOR SP.01-0004(Sherman Shell)
Calculated By EAH Date Calculated 5/2/01
A TOTAL AREA (Site and 200' Not~ce Area) 272,179 s f
B AREA OF SITE ONLY 23,464 s f
C AREA WITHIN 200' NOTICE AREA (A - B) 248,715 s f
1 PROPERTIES IN OPPpSITION
Location / Address Area*
808 Sherman Dnve 11,980 s f
816 Sherman Dnve 650 s f
Total Area In Opposition 12,630 s f
Area of property wlthln 200' of subJe(:t property
2 PERCENT OF NOTICE AREA IN OPPOSITION (l/C) 5 '1%
2O
ATTACHMENT 2
Page 3
PROCEEDINOS I location w~th an cxmtmg canopy [hat's right here What
MR RISHI~L ! d like to open the ~llar 2 they'll bo doing m they'll be rotating thc canopy 90
of lbo Plaunmg and Zoning Cunmusmon 3 decrees so that ~t's now parallel with tha builthng and
01 And the first tlung on tho Agenda is the 4 parallel w~th the sm:et
5 ,f thc aunutes of the April 5 They'll be adding one gasohne fuchag staUon
6 17th, i that 6 for a total of slx pumps where now wc have fear They are
7 w~ have t m 7 adding landscaping in this area ha~ and soma hero They
8 progress 8 are taking down thc cxmtmg sign that's in tho northeast
9 MS rll move to a minutes 9 comer and they're n~plaemg a w~th a monument sign that
10 of the meetings 10 will look similar to this as dictated by City Counod
l MR RtsHEL I l The buildings th~UlSeIve$ v~ll bc rerundcled
12 MB APPLE Al : by staff, thank you 12 Where right now we have bay doors that cars can drive
13 vea'y mueh, everywhere ti 13 through, there's one hare, hare, hero, and hero, they'll
14 should say ; motion earners Just 14 be bucking in the carwash and then they'll be glassing m
$ 15 thc remainder so that it can ha turned into a convomence
16 that 16 store The buck here wall bo bnnk and then it's game
17 that would be c, is tboro a i 17 to have a cultured stone band around it so that it
18 MS ~and 18 presents a base, and then it's going to ha paint{it m
19 It's b~ 19 muted earth tones so that it won't clash with tho
20 thsoasmon? Comments? All in 20 neighborhood
21 t, 5 0 21 The roof t~atments ar~ going to bo different
22 than thc exmtmg roof They're gmng ~ take th~
That's to consider the approval of the final 23 existing elevation, that is somewhat pointed lake ihs,
f The Vintage 1 -A Subthvlslon Tbo 25 2 acee sl~ 24 they'll bo adding a rectangular facade along tha top and
Is located west of I 35W along the north side of the 25 that's m the top clovatlon that you can sea her~ They
Page 2 Page 4
The property is a Plaunlgl~s 1 also have an elevation of the canopy, that it will look
I
Vintage
BouMvard
2 Devo~ pl>ls9 zoning thsmet A 91-1ot~~ 2 different, as well And they have also subrmtted
4 Ms APR hke to mov~l~l of the 4 coordinator feels is acceptable for this site
5 Consent Al~nda ~ 5 Like I sard, the landsoapmg will be added in
6 MS HOL~ ~MS HOLT Seco 6 this area They're adding a trec here, as well as ground
Tlus ama will be
8 ap~cl~sent~~___A~'nda All~ea~ by 8 removed The concrete wall be removed And they will
9 ~ 9 also be planting ground cover here tn this area where it's
l0 v '70; / asie lsI m o3a l0 ou tlyexpo toe wlllalsobeplan wl h
11 it's to hold a pubha hearing If I'm not nuetnken ! 1 ground cover and with a small row of shrubs here
12 although I khd not check, the public hearing format should 12 Some of the information that ! passed out to
13 be posted outside of ~s room If there's any questions 13 you tonight is the ordanance that was approved by City
14 on that, I t~nk that staff can reform anyone he~ of what 14 Courted for the zomng plan that does hst all of the
15 that might be So we'd like to open the public hecnng, 15 eondmons that they required on that, as well as the
16 hold a pubhc heanng, consld~ag making a recommendation 16 updated property owner opposition We dad have another
17 to the City Council regarding the project plan/detaded 17 property owner turn in her opposition today which does
18 plan of the Sherman Shell in a Planned Development, Po 18 bump xt up The percentage of property owners that are tn
19 zoning dmmet Ttus m a 0 6 acre property It's 19 opposition ts 12 5 percent, which is still less than the
20 located west, on the west side of Sherman Drive less than 20 20 percent that requires a super-majority for approval at
21 a quarter tmle north of the Bell Avenue 21 City Council
22 MS RUDSO~ Thank you, ladies and gentlemen 22 The pictures that were passed out are the
23 of the Comnusmon The site plan that you have before you 23 pictures that City Council required to be attached to the
24 tonight d~s conform to the approved concept plan What detailed plan And as soon as ! get the folder back from
25 we're loolang at is an emsUng convenience store m ~s 21 engineenng, I'll be able to attach the color photographs
PLANNING,& ZONING COMMISSION MAY 9, 2001 Page 1 - Page 4
Condens~ItTM
Page .~ Page 7
I to their document when it's approved I The owner has requested that'the glass be situated so
2 At this tune, staff is recommending approval 2 there wall be basically no mullions in between them
3 as it conforms with the approved eoncapt plan and it does 3 Basically, the glass wall butt together and be cocked and
4 meet the standards as presented in the interim rags for 4 thc only frame you'll see will be on thc parameter and
5 design of buildings and landscaping and those sorts of 5 with a new set of double doors The top wall be
6 items And I wall turn it over to the applicant at this 6 basically metal It's a smooth face It's not going to
7 tune and let hum present any other additional information 7 be the corrugated you see in, hke, a metal bmldiog, but
8 MR RI~JHEL Thank you 8 tt will be the smooth face you see in most of the
9 MI1 PLANGMAN rm Joel Plangmen, Millennium 9 convenience stores now
10 Gasohne, 3300 West University, Denton, Texas I was 10 The only signage we'll have, basically, on
11 going to have my architect answer any q ~u~taons you mlgh~ 11 tins building right here is basically in this rectangle
12 have His name is Michael Bates with Bates Architects 12 That rectangle is just basically used for size The
13 MR BATES Michael Bates, Bates Architects, 13 actual size will be Mfllennuma which will be in a script
14 1300 North Locust, Denton, Texas I'll basically show you 14 lettenng I thdn't do the aenpt lettenog, I'm sorry
15 what ~t looks hke now and what the owner proposes To 15 I think it's on one of your -- maybe one of your
16 begin with, flus is basically a general site plan whmh is 16 photographs that you received Agmn, the south side will
17 also the landscape plan Basically, the area you see in 17 be all new buck The north side wall be new buck and
18 green wall become common Bermuda We do have existm 18 we're also putting an EIPS band around the base of the
19 three trees, basically tn the back, and we are going to 19 canopy, a new fascia And the back wall basically be the
20 propose adding one tree, again, like Beth smd, and the 20 same and the back wall be pmnted
21 three crepe myrtles with a row of hedges on the north and 21 The new canopy, I think, again, Ms Hudson
22 on the south 22 pretty well showed you that, but that's a little Int
23 This area nght here will be where our 23 different drawing there Basically, what we're going to
24 monument sign will be going Again, the monument sign 24 do is have the -- you see them, basically, everywhere in
25 will be no more than 60 square feet and it wall be a 25 the metroplex, but what we're going to do is have a yellow
Page 6 Page 8
I lighted sign and it will be a ground sign The pumps, 1 top to tt with a red baud, about a slx inch red band
2 them wall be three islands, basically, and them will be 2 ~ ~t will sit back about six inches winch wdl be a
3 a dual dispenser so there will be slx fueling stations 3 wlu~e soften and a white band
4 The site -- I don't know if people -- we'll be 4 There's been some concern about hghtmg M~
5 hawog -- this area here on the south does drop off The 5 Plangman has mod to contact the manufacturer of the
6 slope is a severe site, wluch is basically the only use 6 canopy, which Is basically you go to a certain vendor to
7 for this area wall be for landscaping The plan itself, 7 get it done, and have requested hghong mformaoon He
8 this is basically the existing plan 8 understands the concern for the hghung spdhng over
9 Again, we have three bays, the carwash bay and 9 into the neighbors' yards and basically what he's going to
10 two mechanics' bays The dashed lines, basically, we're 10 look at work at doing is having a parameter hghting
I 1 tiling the whole interior and moving the interior and 11 system around the canopy, which will be a recessed light
12 we're providing a new interior wath rest.rooms The 12 so it will reduce any direct glare from the hght fixtures
13 interior will basically be laid out as such The far 13 going into the neighbors' yards He'll have that
14 south end bay wall be blocked in and bucked in and with 14 reformation, the actual destgu cntana, I guess, the
15 the new glass front entries -- we're basically moving the 15 actual design drawings as soon as that canopy manufacturer
16 entry down a little bit and providing glass and then the 16 gets back with
17 interior with coolers and the display for the dry goods 17 That's all I really have Is there any
18 The bmldmg itself, again, I tinnk Ms Hudson 18 questions?
19 has the colors I put colors on tins pert~cular one But 19 ~m RISHEL Thank you, Mr Bates
20 we ere doing the buck We're not pamtmg the buck 20 Ma BATas Thank you
21 The buck wall be new bnck We're taking the old bnck 21 MR RISHEL MS Apple
22 off the east side and the south side and providing new 22 MS APPLE I do have one quesnon Is that
23 buck winch will be mom of the earth tone colors 23 monument sign going to be hghted or
24 Again, the band will be the -- I call it split }ns }{UUSON Yes, it's internally ht
25 face block, but cultured stone and also cast stone seals 22 MS APPLE it iS? HOW bright ts that?
PLANNING & ZONING COMMISSION MAY 9,'2001 Page 5 - Page
CondenseltTM
Page 9 Page 11
MS HUDSON The specifications arc not I a convenience store, you can't say ~t's a groc~y sto~
2 necessarily provided for that that wc have right now 2 couldn't say it's an Eckcrd's And did we not talk about
3 MS APPLE B~C~US¢ sometimes tho8~ c~n bo 3 that? I'm trying to g~t my memory right7 Beoaus~ I know
4 kind of -- 4 when I'm driving down the lnghways and I drive moro than
5 MS HUDSON I think the apphcant or lus 5 fly I notice things like that and I thought they're kind
6 architect would be moro available to answer that then I 6 of umquc
7 can 7 MS HUDSON Lgt mo ask for n clanficahon
8 MR PLANGMAN The hghtlng is tho Sallie as 8 Arc you asking moro specifically as to how it fits m with
9 what we have at Teasloy and 35 and you can just basically 9 the Comprehens:ve Plan or how the --
10 sec it as a traffic -- something that may catch your 10 MR WILLIAMS yes, as far as tho d~lgn and
11 attention as you're driving by But really from a 11 esthetics
12 distance away from the street, unless yol~o looking at 12 MS HUDSON AS far as the design, beoausc
13 it, you don't notice it because it's so low 13 it's an refill compatibility building, essentially, and
14 MS APPLE It's not anything that's going to 14 it's being reanod¢lod as opposed to completely n:done, it
15 annoy the people across the street or on either side? 15 Is bound by the constraints of the site And tho
16 MR PLANGMAN NO No It'svci'y~-tt's 16 constramtsofthosltoarothatthebullchngtsharo We
17 kindofmutedbecauseit'srodandyellow Ii'snot 17 can't move lt Thegaspumpsaroesseotiallyher~
18 anythmgwhlte That would gtve lt more eolor -- I mean, 18 That's whero the piping goes Woteallycan'tmovcthose
19 more noticeable lf lt was Jtlst white But lt's yellow and 19 o:ther Tho side~ along the south nnd along tha west
20 rod so we shouldn't expect any problems with that with au 20 slope off dramat:cally So wo'r~ hunted to the mount of
21 neighbors 21 area that we have left In that case, we do the beat we
22 MS APPLE SO y~all have a like property at 22 can with what wc have
23 thc comer of Teasley and 35? 23 It is staff's opunon that tho buflthng
24 MP. PLANGMAN Yeah We have a hke property 24 elevatleoSthathavebeonprosontodarogomgtobean
25 at Teasley and 35 It has a monument sign which this one 25 ~mprovcmeot ov~r the existing building They are adding
Page 10 Page 12
wdl be pat.'ned after 1 moro landscaping than what is there currently The
2 MS APPLI~ okay Thank you 2 that ts larger than our sign re. qtarements is going to be
3 MR PC~.NOMAN okay 3 removed and replaced voth a smalka' ground sign that is
4 MR P.[SHEL Thank you, Mr Plangman Any 4 moro ml~tcd In that regard, we feel that it is an
5 other questions? Being th~s ts a pubhc heanng, if 5 Lmprovement over the existing bmldmg that's there and
6 there's anyone that would hke to speak e~thor for or 6 arc recommandmg approval of the site plan
7 against llus pro3eot, would they come forward at this 7 MR WILLIAMS Thank you
8 t~me? S~ang no for or against people that want to speak, 8 MP. RISHEL Any Oth0r questions? Comments or
9 I will close th~s public heanng And is there a 9 a motion? Mr Wtlhams
10 teoommendat~en? 10 MR WILLIAMS Yes I move to recommend
iI MSHUDSON ^notheriteanmrosponseto 11 approvalofsPoloo4wlththefollowmgeonditions any
12 Colnmlss~on~' Apple's question, the s~gn is going to be 12 new hghtmg on the property shall bc destgnexi and
13 placed pcrpenthcular to the road so any light that comes 13 maintained so as not to shine on or otherwtsc disturb ~he
14 off of it is going to be prodonunnntly to tl~ north or to 14 sun'oundmg mstdcntial properties or to shmc and project
15 the south and not facing dL~ctly to the residential 15 upward to prevent the diffusion m the mght sky
l~ neighbors across tho smut 16 Addmonally, all hghtmg shall be recessed
17 Ms APPLE Thanks 17 to proluhit outward slunmg, which shall be attached to
18 MS I-lUOSON AS I smd before, th~s do~s 18 the detailed plan, detailed project plan, but shall
19 conform with the approved concur plan and I'll be 19 include the following additional requirements all
20 available to answer any othar qucsUons that you have 20 freestanding stgns shall be monument stgns, there ~ be
21 MR IUSHEL Mr Wllhams 21 no neon signs, no stgns advertising beer or wine shall be
22 t~ wtL~s ¥~h Ms Hudson, could you 22 vlewable from the cxt~nor of the building, no signs shall
23 refresh my meanory I think when we wero talking about the 23 be placed on the exterior of the btuldtng itself within
the windows, additional sign detatls shall be attached to
24 Denton Plan, we were tallang about creative designs 2 3
25 whereas you would see semothmg but you couldn't say it's the detailed project plan
~LANNING,& ZONING COMMISSION MAY 9,'2001 Page 9 - Page 12
CondenseItTM
Page 13 Page 15
1 The dumpster enclosure and gates must be 1 MR WiLLiAMS I don't thtnk it had a second
2 constructed with an opaque destSn Hours of operation 2 MR RISHEL Doesn't have a second
3 Will be ln'mted to 6 00 a m to10 00 p m There shall be 3 MS HOLT Iseconded
4 no outside, outdoor loud speakers Use on the property 4 MR WILLIAMS oh, it was seconded Okay
$ are lmuted to convenience store with gasoline sales The 5 IviR RISHEL That's what I thought Okay So
6 photos showing the exterior elevation o[' the building that 6 the second is accepted So we don't need a fnendly
7 were presented to the City Council at the public heanng 7 motion Okay I still see a question from Ms Holt and
8 on May 2nd, 2001 shall be attached to the detailed project 8 Ms Apple
9 plan And No 8, the existing bay doors will be removed 9 Ms APPLE I was just -- m the preceding
10 and replaced With brick 10 discussion, I was just going to offer a friendly
11 MR R~SHEL IS there a second? 11 amendment In the conditions that were submxtted by the
12 MS HOLT S~cond " 12 Council, they worded it as the detailed project plan shall
13 MS HUDSON If I may address the Commission 13 incorporate the photos showing the exterior elevations of
14 quickly Commissioner Williams, may I ask your intent? 14 the building that were presented to the City Council at
15 Are you intending to have no windows on the -- 1 $ the public hearing which covered that picture of the brick
15 IVIP,.WILI.IAMS NO It smd the exlstm~ bey 15 and the glass And l was just gmn~ to suggest that as a
17 doors 17 condition
18 MS HUDSON Yes, s~r The reason why I'm 18 MR RISHI~L And that's alr~y --
19 asking is because some of the areas where the bay doors 19 MR WILLIAMS That's basically in the motion
20 a~ existing now are going to bo replaced w~th glass and 20 though, No 7
21 so they will be closed They will be permanently removed 21 MR R~SHEL MS Holt
22 and sealed but not necessarily with bnck 22 MS HOLT NO They just haven't turned mine
23 MR RISHEL would it be appropriate -- I 23 off
24 don't want to put words in your mouth -- that it be brick 24 Ma RISHEL okay Thank you Okay So
25 end/or glass enclosed? 25 it's been moved and seconded Is there further
Page 14 Page 15
MI~ WILLIAMS well, it alreedy said that but I discussion? Vote, please
2 Idon'ihkeor Elthoreneorth~other 2 MR MaRliNe Mr PasheLnothavmgheerdthe
3 MS OOURDI~ Can you say th~ first bay bnck 3 entre; discussion, I feel a httlc uncomfortable voting
4 and th~ other two windows which is what you showed us on 4 one way or thc arbor so I'm tlnnkmg about abs~aming for
5 thc picilLr~? 5 the time being
(~ MR WILLIAMS I'll accept that as ~ friendly 5 MR RlSnEL If you'd bke to c~unsel with
7 amendment, [Vis Oourdie 7 couuscl
8 MS OOURDIE. I don't rmnd having it thoro 8 MR MORENO GIVe me some g~ndance
9 I'm just saying if you'r~ not happy with and/or, you can 9 MS PALUMBO And your comment IS IS that you
10 say speelfically the third one will bo brick, tho otha' 10 haven't attended the full pubhc hearing and been able to
11 two will be windows, if that's moro specific for you 11 receive all the reformation to be able to fully vo~ en
12 MR WILLIAMS YeS 12 th~s mailer
13 MR REICHHART The apphcant did provide 13 MR MOR~NO yeah For the record, I just
14 el~watlens in the backup which does display what tboy wer~ 14 came in just a f~,,v minutes ago and I don't f~el
15 proposm/; to do And if that meets your -- the intent of 15 comfortable voting one way or the other because of my lack
16 thlsmotico, wecanjust- Imean, th~y are part of the 16 ofpartlcipationofthaantireprootss Solflmay, I
17 dotafl~dplan That's how they have to btuld lt Butyou 17 wouldhketoabstam
18 can reiterate tbot that's '- it's gem8 to bo the 18 MR RISH~ we vall note that m tbo vote
19 elovatienaspr~ented 19 Thankyou So all m favor, mark your ballo~s Andthose
20 MS :-IUDSON it'stbotopeleva~ononpag~3 20 not~nfavor So let ~t be noted that v~ have one
21 MR WIU,IAMS Vll scratch Cendition No 8 in 21 abstention from Mr Moreno and five !,~s votes Motion
22 my motion 22 passes
23 Ma RISHBL $o Mr Wdhams would like to 23
24 ranove his condition No 8 from the anginal motion And
24
25 th~ second was?
PLANNING & ZONING COMlVlISSION MAY 9,'2001 Page 13 - Page 16
ATTACHMENT 3
ORDINANCE NO
AN ORD12qANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO
2001-190 TO PROVIDE FOR A PROJECT/DETAILED PLAN FOR 0 6 ACRES LOCATED
WITHIN A PLANNED DEVELOPMENT (PD-197) ZONING DISTRICT, THE SUBJECT
PROPERTY BEING LOCATED ON THE WEST SIDE OF SHERMAN DRIVE,
APPROXI~vlATELY ¼ MILE NORTH OF BELL AVENUE, 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 (SP-01-
0004)
WHEREAS, on March 2, 2000, the Caty Council adopted Ordinance No 2000-069 whach
established certmn nonresidential lntenrn regulations (the "Nonresidential Intenm Regulations"),
WHEREAS, the Nonresidential Interim Regulations established, among other things, a
Proj eot Plan requirement, and
WHEREAS, on May 1, 2001, by Ordinance 2001-190, the City Council approved a
change an zomng and Zomng Plan for 0 6 acres of land, to Planned Development (PD-197)
zoning district classification and land use designation, and
WHEREAS, on February 26, 2001, Joel Plangman submitted a Project/Detmled Plan for
0 6 acres of land located within PD-197 w~th the mtent to develop a convemence store with
gasoline sales, and
WHEREAS, on May 9, 2001, the Planmng and Zoning Commmmon recomnrended
approval of a Project/Detmled Plan for such 0 6 acres, and
WHEREAS, the City Council finds that the Project/Detmled Plan is consmtent with the
approved Zoning Plan, with the conditions imposed herein, meets the requirements of the
Nonresidential Intenm Regulations and is consistent wath the approved 1999-2020 Denton
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance 2001-190 providing for the approval of a Planned Development
Zomng Dmtnct Classification and Use Demgnatlon for the property described as PD-197 as
amended by approving the Project/Detmled Plan attached hereto and incorporated herein by
reference as Extublt B for 0 6 acres of land located wlthan PD-107, more partacularly descnbed
by the legal descnptlon attached hereto and ancorporated herean by reference as Exhibit A,
subj eot to the following conditions
1 Any new lighting on the property should be designed and mmntalned so as not to shine
on or otherwise disturb the surrounding remdentlal properties or to slune and project
upward, to prevent the diffusion into the night sky Addltmnally, all lighting shall be
25
recessed to prohlbat outward sinmng, winch shall be attached to the Detmled/Project Plan
2 All sagns shall at a mammum meet the Caty of Denton Sign Ordinance, but shall include
the following add~taonal reqmrements
a Ali free-standing s~gns shall be monument sagns
b There shall be no neon s~gns
c No s~gns advertasmg beer or wane shall be wewable from the exterior of the
bmldlng
d No s~gns shall be placed on the exterior of the bmld~ng except w~tinn the
wundows
e Additional sagn detmls shall be attached to the Detmled/Project Plan
3 The dumpster enclosure and gates must be constructed w~th an opaque desagn
4 Hours of operation shall be hmated to 6 00 a m to 10 00 p m
5 There shall be no outdoor loud speakers
6 Uses on the Property are hm~ted to a convemence store wath gasoline sales
7 The photos showing the exterior elevations of the bmld~ng that were presented to the C~ty
Courted at the pubhc heanng on May 1, 2001 shall be attached to the Detmled/Project
Plan
SECTION 2 The provisions of tins ordanance as they apply to the 0 6 acres shown an the
Project/Detmled Plan here~n approved shall govern and control over any conflmtlng proms~ons of
Ordinance 2001 - 190
SECTION 3 A copy of tins or(hnance shall be attached to Ordanance 2001-190 showing
the amendment here~n approved
SECTION 4 If any section, subsection, paragraph, sentence, clause, phrase, or word ~n
th~s ordinance, or apphcat~on thereof to any person or mrcumstances ~s held mvahd by any court
of competent junsdmt~on, such holchng shall not affect the vahd~ty of the remmmng portmns of
tins ordanance, and the C~ty Council of the Caty of Denton, Texas hereby declares at would have
enacted such remmmng portaons despite any anvahdaty, and to thas end the prowmons of tins
ordinance are severable
SECTION 5 Any person wolatang any prowston of tlus ordinance shall, upon
conwctmn, be fined a sum not exceeding $2,000 00 Each day that a provm~on ofth~s ordinance
~s vmlated shall constitute a separate and dmt~nct offense
SECTION 6 Tins ordinance shall become effectave fourteen (14) days from the date of
ars passage, and the Caty Secretary ~s hereby darected to cause the caption of tins ordinance to be
pubhshed twice ~n the Denton Record Chromcle, officml newspaper of the C~ty of Denton,
Texas, wathm ten (10) days of the date of~ts passage
PAGE 26
PASSED AND APPROVED th~s the day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2 7
Exhibit A
Legal Description
FIELD NOTES to all that certain tract of land situated In the Joseph Carter Survey,
AbstraCt Number 268, City of Denton, Denton County, Texas and being all of Tract 3
descnbed In a special Warranty Deed to the Rummell Family Trust, recorded under
Clerk's File Number 95-R0021765 of the Real Property Records of Denton County,
Texas, same being a part of a called 11 95 acre tract of land described as the First Tract in
the Deed to J W Nmhols and J L Gmmngs recorded in Volume 434, Page 289, the
subject tract being more particularly described as follows
BEGINNING at the Northeast comer of the tract being described herein at an "X" found
in concrete m the West line of a mad under apparent public use, posted as Sherman
Dnv¢,
THENCE South 27 Degrees 30 Minutes 00 Seconds West with the West line of said road
a d~stance of 200 00 feet to an "X" cut m concrete for the Southeast comer of the tract
being described herein, same being the Northeast comer of a called Second Tract of land
described m the Deed to Blanch Gmnings, Trustee, recorded m Volume 1044, Page 295
of the Deed Records of Denton County, Texas,
THENCE North 62 Degrees 30 Minutes 00 Seconds West with the North line of smd
Second Tract a d~stance of 150 00 feet to a ½" capped iron rod set for the Southwest
comer of the tract being described hereto, same being an the West line of a tract of land
called Tract 47, 2 966 acres of the J Carter Subdivision, being the same tract described as
the Fffih Tract described m the Deed to Joe W Nmhols, recorded m Volume 1044, Page
298 of the Deed Records of Denton County, Texas,
THENCE North 27 Degrees 30 IVhnutes 00 Seconds East with the West hne of sa~d FaRh
Tract a chstanee of 117 20 feet to a ~/2" capped iron rod set for the Northwest comer, same
bexng m the South line of said Additmn,
THENCE North 88 Degrees 36 Minutes 00 Seconds East with the South lane smd
Addatlon a distance of 171 34 feet to the PLACE OF BEG1NING and enclosing 0 55
acres of land more or less
28
AGENDA INFORMATION SHEET
AGENDA DATE. June 5, 2001
DEPARTMENT: Planning & Development ~
CM/DCM/ACM: Dave Hill, 349-8314~ .~l/,~/,~
SUBJECT A-01-0005 (Hunter Ranch .4nnexatton)
Hold the second of two pubhc hearings to consider the involuntary annexation and service plan for
approximately 2,226 acres of land generally located south of FM 2449, west of 1-35 West, north of
Robson Ranch Road and partially east of the Robson Ranch Development and John Paine Road in the
extraterritorial junsdmtlon (ETJ) of the C~ty of Denton (A-01-0005)
BACKGROUND
May 22, 2001:1st Pubhe Hearing
During the first public hearing conducted by City Council, one speaker, Mr Ike Shupe, representative
of the property owner, presented comments regarding the proposed annexation Mr Shupe asked that
the armexatton schedule be extended to allow time for the dnlhng of exploratory wells, and also
offered a presentation regarding the topm of natural gas well drilling for a future Council work session
Council directed staff to extend the annexation schedule in accordance with Mr Shupe's request The
gas drilling presentation will be placed on a Council work session agenda if so directed
Staff Response The annexation schedule has been revised as shown in Attachment #3
1st Pubhc. Heartn. g - May 22nd (completed)
2nd Public Hearmg - June 5tn (unchanged)
1st Reading of the Ordinance - June 26tn (unchanged)
2n~ Reading of the Ordinance - September 18tn (previously July 31st)
By state law, both public hearings have to be held at least 20 days before but no more than 40
days before the first reading Consequently, the first reading of the ordinance must occur
between June 25th and July 1st (June 5th + 20 days = June 25th, May 22na + 40 days = July.?)
The only Council date avmlable for first reading between June 25mand July 1st is June 26L"
The major change is the time period between 1st and 2nd reading The 2"d reading must be no
more than 90 days after the 1st reading (June 26th + 90 days = September 23'0), so staff has
extended the schedule as far as possible by moving the 2nd reading to September 18th The
effective date of the annexation can be no later than September 22nd If Council wants to
extend the schedule further, the entire annexation process will have to be started from the
begiranng
Prior to the,pubhc hearing, a comment sheet was submitted by R C and Geha Coleman, indicating that
they were neutral to the annexation "at this time" The Coleman's raised three questions that were
answered during the public heanng
1 Why does the city desire to annex this property9
Staff Response Staff noted durtng the pubhc heartng that the properttes not included
as part of Hunter's Ranch were not crittcal to the annexatton and can be deleted form
the annexatton The purpose of tncludtng the Coleman and Lynch parcels was to avo~d
creating small "donut holes" of umncorporated land surrounded by the Cay of Denton,
thus preventtng servtce confuston Also, porttons of the Coleman parcel were part of
prevtous annexattons
2 Once annexed, what wall determine if hquor and beer sales are allowed9
Staff Response The Legal Department has determtned that, when annexed, the property
wdl be considered "dry"
3 Why does the annexatxon not go all the way south to Robson Ranch Road9
Staff Response A l, OOO-feet wtde corrtdor extendtng west from l-35W, parallel to
Robson Ranch Road (formerly Crawford Road) annexed tn 1999 when the Robson
Ranch tract was annexed The land adjacent to Robson Ranch Road ts already tnstde
Ctty of Denton hmtts
Council directed to staff to contact the owners of the three parcels not included within the Hunter's
Ranch property, to receive comments d~rectly from these affected owners Staff will report the results
of these d~scusslons on June 5th The Coleman and Lynch parcels can be severed from the annexation
prior to the first reading of the ordinance without procedural difficulties
Previous Background Information
In accordance w~th the City's annexation policy plan, approved in June 1993, the City wdl "assess on a
case by case basis" the annexation of areas in the ETJ when s~gmficant developments are proposed
~ The property owner had submitted a pre-design application for development of natural gas
wells and a general development plan application that was reviewed by the Development
Rewew Committee on April 12, 2001 The general development plan apphcation was returned
to the apphcant because It was not a complete apphcation
~ City Council at the regular meeting on April 17, 2001 instructed staff to institute involuntary
annexation proceethngs on the proposed Hunter Ranch development
} The subject property is located in the extra territorial jurisdiction and is not zoned at this time
The property is undeveloped at this time
} The Comprehensive Plan identifies this property to be within the "Neighborhood Centers",
"Community Mixed Use Centers", "Employment Centers", "Regional Mixed Use Centers" and
"Environmentally Sensmve Areas" The applicant is proposing to develop gas wells on the
subject property lmtlally and develop the remaining portion as the market dictates
~' Three (3) property owners were notified of the involuntary annexation request No responses
have been received to date
~' The Texas Local Government Code allows a municipality to annex involuntarily 10% of the
incorporated area as of January 1 st of that year Additionally, if a mumcipal,ty fails to annex in
2
a calendar year the 10% amount permitted, the mumclpal~ty may carry over the unused
allocation for use in subsequent calendar years A mumclpallty may not annex an a calendar
year a total area greater than 30% of the incorporated area as of January 1st of that year
o In 2001 the City of Denton has proposed to involuntarily annex a total of 1,539 acres
(Ryan/Country Club, US 377/I/35W, Blagg Road, and Masch Branch), which is 3 8 %
of the incorporated area as of January 1,2001
o Due to no involuntary annexations m 2000, the 10% amount was carried over As a
result of the carry over and two annexations already approved (Ryan/Country Club, US
377/I/35W) the C~ty has the ability to annex 6,487 49 more acres
o The proposed involuntary annexation contains 2,226 acres
The proposed annexation ~ncludes three parcels not owned by Petrus Investment, L P
(Attachment 2)
o Geha Coleman owns tract 4, E Plzano Survey, A-0994A comainlng 16 3861 acres at
the northeast ~ntersectlon of Robson Ranch Boulevard and 1-35 West
o Wflham C and Claudia P Lynch own tract IA, C W Byerly Survey, A-1458A
contmmng 2 657 acres and tract 16a, J Dalton Survey, A0353A containing 1 44 acres
Both tracts are located north ofF M 2449 on the northern most edge of the annexation
The Police and Fire Department will be greatly ~mpacted by the proposed annexation The
estimated police response time m this area ~s 12-16 minutes The appropriate average response
t~me is 6 minutes The estimated fire emergency response time in this area is 12-15 minutes
The appropriate response t~me within the city is 4 minutes
o A new fire station # 7, located at FM 2449 and 1-35 West is scheduled for 2003
construction
o The area north of a line extending from Lively Road is under the Ponder F~re
Department jurisdiction We have a mutual aid agreement with Ponder
o The area south of L~vely Road to Crawford is in the Argyle Fire Department
jurisdiction We have a mutual aid agreement with Argyle
There are no ex,sUng City of Denton water lines in the proposed annexation area However, a
20-tach water line is currently under construction along US Highway 377 corridor A second
20-tach water line ~s scheduled to begin construction by August 2001 along Bonnie Brae
comdor The 20-1rich water hne located along US H~ghway 377 will extend to approximately
2,000 feet north of Crawford Road This hne will be avmlable for service August 2001 The
second 20-tach water hne will extend to the intersection of Bonnie Brae and Vintage
Boulevard Please be adwsed that these 20-inch water mmns by themselves cannot provide
service capacity for the entire annexation area Ex~stlng residents that are on individual water
wells will be allowed to continue to remmn on these systems until they fall or a request from
the owner or TNRCC for water service is made to the C~ty of Denton
o For water service it will be necessary to extend the 12-inch water mmn along Vintage
Boulevard, 20qnch water line along IH-35W corridor, 16qnch along Crawford Road
These water lines are not included in the FY 2000-2004 Capital Improvements Plan
The water mmn located along the Bonnie Brae corridor will begin construction In
August 2001
There are no existing City of Denton sanitary sewer hnes in the proposed annexation area The
nearest City of Denton sanitary sewer hne will be the proposed Graveyard Branch Sanitary
Sewer Line Thas 18-upto 36 anch size sewer line vall run fxom Crawford Road north along US
Highway 377 across to Denton Country Club then along Brash Creek Road where at
approximately 4,500 feet east of US Highway 377 the ahgnment will change to a northeasterly
direction where it will tie into the existing Hickory Creek Interceptor This sewer line is
projec~ted to be avmlable for servace m August 2001
o For wastewater service the impact of annexation and development of the subject tract
cannot be accommodated by the proposed Graveyard Branch Sewer Lane and the
existing Hickory Creek Interceptor The construction of the Roark Branch and possible
additional collection systems would be required m service this annexation area The
Wastewater Master Plan shows only the Roark Branch This project is not included in
the FY 2000-2004 Capital Improvements Plan
OPTIONS
1 Delete or mmntmn proposed annexation parcels
2 Approve extended annexation schedule as drafted
3 Amend the Service Plan
4 Restart the annexation process to extend the schedule beyond September 18th
5 Decline to pursue the annexation any further
RECOMMENDATION
Staff recommends that the second public hearing for A-01-0005 be held as scheduled, and pending
comments received, determine if additional information is needed Also, Council is asked to darect
staff whether or not to include the three parcels not owned by Petrus Investment, L P in the annexation
beang considered Staff recommends annexation of all the tracts ldentffied in their entirety, with the
exception of the Lynch property Such action is consastent wath the Denton Plan Council should also
decide If the schedule extensaon is appropriate, or if the annexation process should be restarted
ESTIMATED PROJECT SCHEDULE
The annexation process, if followed according to the draft revised schedule (Attachment 3), will be
completed by September 18, 2001
PRIOR ACTION/REVIEW
Council Wot'k Session April 17, 2001
DRC Review April 12, and April 26, 2001
Petition Filing Date September 22, 2000
lst CC Public Hearing May 22, 2001
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school district It
will require,no short-term pubhc improvements that are the responsibility of the city
ATTACHMENTS
1 Location Map
2 Optional Parcels
3 Annexation Schedule
4 Draft Servme Plan
5 Department Service Analys~s
P~Y~ P4~
Marcy ~tcllff
Development Review Manager
Respectfully submitted
Douglas S Powell AICP
D~rector of Planning and Development
Attaohment I
NORTH
A-01-0005 Hunter Ranch
I
¢ // i
LOOATION ~AP
Scale None
Attachment 2
NORTH
A-01-0005 Hunter Ranch
097 acres rc-/
Gelta Coleman / / t I
163861 a;res / / / ~. '"''"
~ N.,."A~H.,. -,--? ," I
LOCATION OF THREE PARCELS NOT OWNED BY
PETRUS INVESTMENTS L.P.
Scale None
Attachment 3
REVISED ANNEXATION SCHEDULE OF
Hunter Ranch Annexation Area
Tuesday, April 17 CC Work Session
Friday, April 20 Involuntary Annexabon Petition filed, Annexation Study &
Service Plans Drafted
30 day not~ce of ~ntent to annex to each property owner, each
pubhc enbty or private enbty that prowdes services ~n the area
and each railroad company
Thursday, May 3 Nobce sent to be pubhshed on Monday, May 7 on City Webslte
and m Denton Record-Chronicle for CC's first pubhc heanng
(Noon)
Fnday, May 4 Annexation Service Plans Completed
Fnday, May 11 500' Courtesy Notice and Posting of s~gns
Fr,day, May 17 Deadline for receipt of petitions for oppos,t, on to the
annexation (10 days after nobce)
Tuesday, May 22 City Council Conducts first pubhc hear,ng
Tuesday, June 5 City Council Conducts second pubhc heanng
Wednesday, June 27 Nobce sent to be pubhshed on Saturday, June 30 on C~ty
Webs;te and ~n Denton Record-Chromcle for PZ's pubhc hearing
on annexabon and zon;ng and CC's second pubhc heanng on
annexation and zoning (Noon)
Wednesday, July 11 Planmng and Zomng Commmslon public hear,ngs - make a
recommendabon to C~ty Counc;I regarding the proposed
annexation and the proposed zomn,q
Tuesday, June 26 First reading of annexation ordinance - C~ty Council by a
4/5's vote ~nstltutes annexabon proceedings
Wednesday, June 27 Annexabon ordinance to be pubhshed on Saturday, June 30 on
C~ty Webs~te and ~n Denton Record-Chromcle
Tuesday, September 18 Second reading and adoption of annexation ord,nance and
public hearing for zone change request - C~ty Council by a
4/5's vote takes final action on annexation C~ty Council by
s~mple majority vote takes final action of zone change request
Attachment 4
CITY OF DENTON
DRAFT SERVICE PLAN FOR
A-01-000$ (Hunter Ranch)
[ AREA ANNEXED
The annexataon area is located an the southwestern portaon of Denton's Extraterritorial Jurisdiction
and contmns approximately 2,226 acres generally located west of Interstate 35, south of FM 2449
and north of Robson Ranch Road and partially east of Robson Ranch Development and John Paine
Road
II INTRODUCTION
This service plan has been prepared m accordance with the Texas Local Government Code,
Sections, 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Munacapal facthties and
services ito the annexed area described above will be provided or made available on behalf of the
Caty m accordance w~th the followang plan The City shall provide the annexed tract the levels of
service, infrastructure, and infrastructure mmntenance that are comparable to the levels of service,
infrastructure, and anfrastructure mmntenance available in other parts of the city with similar
topography, land use, and populataon densaty
III AD VALOREM (PROPERTY OWNER) TAX SERVICES
A Polace Protection, Code Enforcement, and Anamal Control
Pohce servaee, including patrolling, response to calls, code enforcement and other routine
functaons, will be provided to the property upon the effective date of the annexation using
exast~ng personnel and equapment The City shall provide a level of servaces, infrastructure and
infrastructure maantenance that is comparable to the level of services, infrastructure and
infrastructure maintenance available in other parts of the city with topography, land use and
population density similar to those reasonably contemplated or projected m the area
B. Fire Protectmn and Fire Prevention
Fire iprotection and preventaon services will be prowded on the effective date of the annexation
using existing Denton Fire Department personnel, equipment, and mutual aid agreements with
Argyle Volunteer Fire Department and Ponder Volunteer Fire Department The City shall
provide a level of servaces, ani~astructure and infrastructure maintenance that is comparable to
the level of servaces, infrastructure and infrastructure maintenance available in other parts of
the ~clty with topography, land use and population density similar to those reasonably
contemplated or projected an the area Fare station #7, located at FM 2449 and 1-35 West is
approved an the 2003 Capatal Improvement Program The City of Denton wall provide
emergency medacal services ("EMS")
C. Road and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted by the City
of Denton and/or Denton County, shall be mmntamed by the City of Denton on the effective
datel of the annexation Installation and maintenance of street signs, street lighting and traffic
9
control dewces will be malntmned by the Clty Of Denton on the effective date of the
annexation
D. Parks and Recreatnon Facilities
Parks and recreational faetht~es ~n the area to be annexed will beg~n upon the effective date of
the almexat~on according to the 2000 Parks and Recreation Master Plan No parks are currently
located wathm the proposed annexation area Denton neighborhood park facthtles are located
wathm 4 33 miles of the proposed annexation area Residents of the proposed annexation area
will be able to use ex~stlng C~ty of Denton park and recreation facilities and programs
E. Library Services
L~brary services wall be made available on the effective date of the annexation on the same
bas~s and at the same level as s~mflar hbrary facilities are maintained throughout the c~ty
F Building Inspectmns and Consumer Health Services
Building inspections and consumer health services will be made available on the effective date
of the annexatmn on the same bas~s and at the same level as s;mflar facaht~es are mmnm~ned
throughout the C~ty Both servxees are prowded on a "cost recovery" bas~s, and permit fees
offset the costs of services dehvered Incomplete construction must obtain building permits
from the Building Inspections Department of the C~ty of Denton
G. Plagning and Development Services
planning and development Services wall be made available on the effective date of the
annexation The Planning and Development Department currently services this property by
way 'of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and
land,development regulataons
C~ty Council adopted The Denton Plan, the caty's 1999-2020 comprehensive plan, by
Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land ~n the
c~ty and ~ts ETJ, and the subleCt tracts contain Neighborhood Centers, Employment Centers,
Commumty Mixed Use Centers and 100 year Floodplain/Enwronmentally Sensitive Areas
The ~Denton Plan designates future land uses to manage the quahty and quantity of growth by
orgamz~ng the land use patterns, by matching land use ~ntens~ty wath available ~nfrastructure,
and by preserwng floodplains as enwronmental and open space corndors The Denton Plan
wall be used as a bas~s for final zoning classifications after the properties are annexed
IV UTILITY (RATEPAYER) SERVICES
A Solld Waste Collection
The C~ty of Denton ~s the exclusive res~dantml and commercml sohd waste service prowder in
the C~ty The Department ~s an entirely fee based operation and received no resources from
taxes Sohd waste collection service wall be provided to the property upon the effective date
of the annexation using exlstang personnel and eqmpment Residents have the option to
choose between a private company or serwce w~th the C~ty of Denton The C~ty of Denton
Sohd Waste Department wdl honor ex~stmg contracts wath private solid waste service
prowders after the effective date of th~s annexation an accordance wath Texas Local
l0
Government Code, Section 43 056(0) (Vernon Supp 2000) To receive solid waste collection
service, the customer must contact the City of Denton Customer Service Office and submit a
request/application for service Currently the site contains no residences or businesses
B. Water/Wastewater Facilities
The City of Denton has no existing utility lines located within the proposed annexation area
The City shall provide a level of services, infrastructure and infrastructure maintenance that is
comparable to the level of services, infrastructure and infrastructure maintenance available ~n
other parts of the city with topography, land use and population density s~mllar to those
reasonably contemplated or projected In the area
The desired water and wastewater service options and the phasing of the improvements will be
determined as a part of the land development and platting process The financial
responsibilities for funding water and wastewater system improvements to serve the
development will be negotiated with the developer and approved by the Denton Pubhc
Utilities Board, Planning and Zoning Commission and City Council
C. Drainage Services
Dralnage mmntenance will be provided to the property upon the effective date of the
annexation The City shall provide a level of drainage services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure mmntenance avmlable in other parts of the city with topography, land use, and
population density similar to those reasonably contemplated or projected in the area
D. Electrical Services
Denton Municipal Electric is certified by the State and is obligated to provide electric utility
service to the annexation area should a request be made by a property owner Electric utility
service will be made available on the effective date of the annexation on the same basis and at
the same level as similar famhtles are maintained throughout the city Denton Municipal
Electric is an electric service provider in this area except for the area singly certified w~th
CoSERV, which is located at the northwest comer of the property
V OTHER SERVICES
Other services that may be provided by the City, such as mumc~pal and general administration
will be made avmlable on the effective date of the annexation The City shall provide a level of
services, infrastructure, and infrastructure mmntenance that is comparable to the level of services,
infrastructure, and infrastructure mmntenance avmlable in other parts of the City w~th topography,
land use, and population density similar to those reasonably contemplated or projected in the area
VI CAPITAL IMPROVEMENTS PROGRAM (CIP)
The annexed area currently has a level of services, ~nfrastructure, and infrastructure mmntenance
equal to the level of services, infrastructure, and infrastructure maintenance prowded to areas
w~thln the corporate limits of the City having similar topography, land use, and population density
(or which may be reasonably projected) as the area to be annexed Thus, after the effective date of
the annexation there is no need for the lmtlat~on of the acqms~tlon or construction of capital
improvements necessary for providing mumclpal services adequate to serve the annexed area
11
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing ~n th~s plan shall reqmre the C~ty to prowde a uniform level of full mumc~pal services to
each area of the C~ty, ~ncludmg the annexed area, ff different charactenstms of topography, land
use, and populatmn density are considered a sufficient bas~s for prowd~ng dffferem levels of
service
VIII. TERM
This service plan shall be vahd for a term often (10) years Renewal of the serwce plan shall be at
the d~scretxon of C~ty Council
IX. AMENDMENTS
The service plan may be amended ffthe C~ty Council determines at a pubhc hearxng that changed
conditions or subsequent occurrences make th~s service plan unworkable or obsolete The C~ty
Council may amend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Sectxon 43 056 (Vernon Supp 2000)
12
Attachment 5
SERVICE ANALYSIS
A-01-0005
TRANSPORTATION
1 What roads, bridges and other transportation fac~htles w~ll be impacted by this
proposed annexation and development ~n terms of needed ~mprovements or
upgrades'~
Name and location T¥1~e of Improvement Approximate Cost
FM 2449 Capacity Improvements $1 0 Mil
John Payne Road ROW Ded~cationlCapacity Imprvmnts $2 3 M~I
2 Are any of these ~mprovements presently scheduled to be done at state or federal
expense? No If yes, please ~denbfy fac~hty and anticipated date ~mprovements will
begin N/A.
3 W~II additional equipment and fac~htles be needed as a specific result of this
annexatmn and development? Not immediately If yes, what type of equipment or
facility? NIA
4 Please comment on the cumulative ~mpact of annexabon and development At what
pop~Jlabon level would additional equipment be reequ~red?
In order to maintain the current level of service, it is anticipated that some
additional equipment will be necessary as the subject property develops given
the size of the property and proposed lands uses in the Comprehensive Plan
Is there an accepted eqmpment to populabon rabo that can be used for planmng
purposes? N/A
Is there an accepted employee to population rabo that can be used for planmng
purposes?
The current ratio of Employees in the Street & Traffic Divisions to population is
approximately t to 2700 We do not anticipate the need to immediately add
additional staff due to annexation of the property As the property develops,
given it's size and proposed land uses, it is safe to assume that some additional
personnel in these divisions will be required to maintain overall level of service
(possibly 2 or 3 people)
Add~bonal Comments
The above mentioned road improvements would not be necessary until the
subject property is developed Construction of John Payne Road, in addition to
right of way dedication would be required of the developer for the development
of this tract The amount or portion the developer would be responsible for
would be determined by a Traffic Impact Analysis reviewed during the zoning
process The developer could also be required to dedicate additional right of
way for FM 2449 and participate in the construction of capacity improvements
again based on the outcome of a Traffic Impact analysis
Person to contact ~f there are questions, David Salmon, PE, Asst D~rector of Engineering
5/10/01
13
Attachment 5
SERVICE ANALYSIS
A-01-0005
POLICE
1 Estimated average response t~me for th~s area based on current department
conditions
W,th current resource allocation a pohce unit could be ,n any part of the
annexat, on area within 7-10 minutes, if the call was pr,orlty 1 On average the
response times would be 12-16 minutes Based on current resources and
departmental cond,tions
2 Appropriate average response brae m the c~ty based on current department cond~bons
Priority 5 minutes or less
Non-prlor,ty between 5 and 10 m,nutes
Average 6 minutes
Note: Th,a ,s the current situation ,n the city and would be also for the outer
mo~t boundaries of the annexation areas, aga,n based on current departmental
con¢litlons
3 If annexed and developed as proposed w~ll add~bonal personnel be needed as a
specific result of th~s proposal
We would need to add a total of six additional patrol officers, which would be
allocated to the area m order to reduce the response time to current c,ty
averages The addition of the officers would be to compensate for
1, Undeveloped area to cover
2, The number of access roads leading ~nto the area
4 W~ll ;additional equipment and funding be needed to serve th~s area?
Thel mx additional patrol officers would equate to approximately one addit~onal
officer per shift with relief officers, Any additional equipment or fund,ng would
be in place to support the officer per shift
5 WiIl~ pohce substation or other faclhty be needed to serve this area as a result of
annexabon and development?
Due to the distance from the police station, it we will need some tac~hty for
operations, The facility could be a community office and done m conJunction
with other city departments in the area We currently do not have a date for
operation
6 Please comment on the cumulative ~mpact of annexation and development
Th~ cumulative impact of this annexation m pnmardy the add,tlonal landmass to
cover for a given call Currently the land in question ,s undeveloped and
therefore will generate very little activity
Contact person and ~nformat~on Date 5/7/01
Eric Parkey
Crime Analyst
C~ty of Denton Pohce Department 349-7947 e-mall ewparkev~c~tvofdenton corn
]4
Attachment 5
SERVICE ANALYSIS
Hunter Ranch Annexat, on Area A-01-0005
PARKS AND RECREATION
1 What neighborhood park and recreational faclhtles are currently serwng th~s area or
are capable of serving th~s area ~f annexed and/or developed (federal. state, or Iocal)~
Currently, none are wlth,n the proposed annexatmn The closest Denton Park
properties are Undeveloped Cross T,mbere Park and Bent Creek Park, wh,ch are
approximately 4 88 m,les away South Lakes Park, located at Hobson at Santa
Mor~,ca (approx. 4.66 miles), Dema Park, located at 1001 Parv~n (appox 4.33
miles away) Current res,dents w~ll be able to use ex~st, ng C,ty of Denton parks,
fac,lities and programs
2 What projects and/or equipment w~ll be needed to adequately serve th~s area ~f
annexed and/or development based on the parks and recreation master plan or s~m~lar
standards?
The~current 2000 Park and Recreation Master Plan ,nd,cates a need for
commumty and ne,ghborhood parks m th~s general area Populat, on proJections
propose 19,401 people I,v~ng in 8,127 hous,ng un,ts Based on sew,ce
standards set in the Park and Recreation Master Plan, 48 acres or more of new
park land will be needed for nmghborhood parks S,nce the Park and Recreat, on
Master Plan ,ndicates a need for a Commun,ty Park, a Park w,th a m,mmum of 30
acres w~ll be necessary
Service Standards
Ne,ghborhood Parks 2.5 acres per 1,000 popular, on (to be ded,cated at
t~me of development)
5 acres minimum s,ze
(by developer) cost per acre
Community Parks 3.0 acres per 1,000 populat, on
30 acres m,mmum
3 How much add~bonal funding w;ll be needed for maintenance ~f add~bonal park fac~hbes
are developed to serve th~s area~ $168,792 O0
Serwce Standard
Based on $3,454 (developed) cost per acre
4 How many additional personnel would be needed to properly serve th~s area ~f
annexed and developed3 8
Service Standards
0 25 to 0,8 FTE additional personnel per 1,000 population (depend,ng on type of
service)
$38;000 per year cost per add~bonal personnel
Add~bonal Comments Road r~ght of way reqmr, ng mow, ng has yet to be determined
Bob T~ckaer,940-349-8275 5-2-01
]5
Attachment 5
SERVICE ANALYSIS
Hunter Ranch Annexat, on Area A-01-0005
WATER / WASTEWATER
Water and wastewater utility services w~ll be prowded to the annexed properties ~n
accordance w~th the following state and local laws and current service policies and master
plans
> The Texas Local Government Code
). Chapter 43- Mumc~pal Annexabon
~. Chapter 395- Impact Fees
> The C~ty of Denton, Texas Code of Ordinances, as adopted May 7, 1991
> Chapter 26- Ut~hbes
> Chapter 34 - Subd~wsion and Land Development
> The City of Denton Mumc~pal Ubl~bes Pohcy/Procedures Manual, as rewsed July
1992
> Water/Sewer Line Extension Pohcy, as rewsed June 1985
> Infrastructure F~nanc~ng Pohcy, as adopted by City Council Resolution #R91-008
> The C~ty of Denton, Texas Ordinance 98-301. as adopted September 15, 1998
> Amending Chapter 26 - Ubht~es, Adopting Water and Wastewater Impact Fees
> The C~ty of Denton Municipal Utlhbes Master Planning Documents
> Water D~stnbut~on System Master Plan. October 1999, by Alan Plummer
Associates, Inc
> Wastewater Collecbon System Master Plan. July 1985. by Freese and N~chols, Inc
~. Wastewater Treatment Planning Report. December 1998. by Alan Plummer
Associates, Inc
> Denton Mumc~pal Ubllt~es 2000-2004 Capital Improvements Plan
1 What ~s the nearest C~ty of Denton water I~ne?
There are no ex,st, ng C,ty of Denton water lines In the proposed annexation area
However, a 20-inch water I,ne ,e currently under construction along US H,ghway 377
corr,dor A second 20.,nch water line ,s scheduled to beg,n construction by August
2001 along Bonnie Brae corridor The 20-,nch water line located along US H,ghway
377 .will extend to approximately 2,000 feet north of Crawford Road This I,ne w,II be
available for service August 2001 The second 20-inch water line w, II extend to the
,ntereection of Bonn,e Brae and Vintage Boulevard Please be advised that these
20-,rich water ma,ne by themselves cannot prov,de serv,ce capacity for the entire
annexation area. Existing res,dente that are on ,nd,v,dual water wells w, II be
allowed to continue to rama,n on these systems unt, I they fa,I or a request from the
owner or TNRCC for water service ,s made to the C,ty of Denton These requeste for
service w, II be handled ,n accordance w,th the appl,cable ut, l,ty serv,ce hne
extension and connection pohc~ee currently ,n place at the t, me the request for
service is rece,ved
2 Where ~s the nearest C~ty of Denton sewer line?
There are no ex,st,ng C~ty of Denton san,taw sewer hnes ,n the proposed
annexation area The nearest C,ty of Denton san,taw sewer hne will be the
proposed Graveyard Branch Sanitary Sewer L,ne Th,s 18-upto 36 ,nch s,ze
sewer line w,II run from Crawford Road north along US H,ghway 377 across to
16
Denton Country Club then along Brush Creek Road where at approximately
4.500 feet east of US Highway 377 the alignment will change to a northeasterly
d,reCtion where ,t will fie ,nto the ex,sting Hickory Creek Interceptor Th,s sewer
hne Is projected to be available for servme in August 2001
Ex,sting resldenta that are currently on sept, c systems w,II be allowed to rema,n
on these systems until they fall or until a request for wastewater servmes from
the owner is made to Denton These requests for sew,ce w, II be handled ,n
accordance w,th the apphcable uflhty service hne extension and connection
pohcms currently in place at the time the request for service is recewed
3 According to the C~ty of Denton master plan what type of hnes and fac~ht~es would be
required for th~s area and when are those hnes and fac~hbes proposed for construction?
Water D,stributlon System Master Plan
The Water Distribution System Master Plan ,ncludes the 20-tach water ma,n
along US Highway 377 However, this 20-Inch hne by ,taelf cannot prov,de
serv,ce capamty for the entire annexation area The Master Plan also includes a
20-,nch, 12-inch, 16-tach and 20-inch along Bonme Brae, V,ntege Boulevard,
Crawford Road and IH-35W respectwely These hnes are not currently m the FY
2000+.2004 Capital Improvements Plan The C,ty of Denton w,II be the reta,I
provider of water utility service for all future developments ,n the area s,nce they
he within Denton's CCN for water uflhty service
Wastewater Master Plan
The Wastewater Master Plan shows the Roark Branch Interceptor sewer that
tm into the existing Hickory Creek Interceptor However, the Roark Branch
Interf=eptor is not with,n the FY 2000-2004 Cap,tel Improvements Plan The City
of Denton is parflc,patmg ,n an overs,ze agreement w,th Country Lakes
Development to an off-s,te wastewater flows north and west of the development
A P0rtmn of the Hunters Ranch Development appears to I,e wlth,n the sewer
shed that will dra,n through th,s overs,zed hne The City of Denton w,II be the
retail provider of wastewater utility serv,ce for all future developments ,n the area
s,nce they lie within Denton's CCN for wastewater ut, hty service
4 Are them any C~ty of Denton hnes ~ncluded ~n the proposed annexat~on'~
There are no ex~stmg City of Denton utlhty hnes that he w,thm the proposed
annexation area
5 Please comment on cumulabve ~mpact of annexation and development
For wastewater the proposed Graveyard Branch Sewer L,ne and the existing
H,ckory Creek Interceptor cannot accommodate serv,ce the ,mpact of annexation
and ~evelopment of the subject tract. The construct,on of the Roark Branch and
posS,ble add,flonal collection systems would be reqmred to serv,ce th,s
annexation area The Wastewater Master Plan shows only the Roark Branch,
however, th,s proJect ,s not included in the FY 2000-2004 Cap~tsl Improvements
Plan
For water service ,t will be necessary to extend the 12-,nch water ma,n along
V,ntage Boulevard, 20-,nch water hne along IH-35W corr, dor, 16-,nch along
Crawford Road These water I,nes are not included ,n the FY 2000-2004 Cap,tel
Improvements Plan. Please be adv,eed that the water mare located along the
Bonme Brae corridor w, II begin construct, on m August 2001
The ~dee,red water and waetewatsr serv,ce options and the phasing of the
,mprovements w, II be determined as a part of the land development and platt, ng
process. The flnanmal respons~b~ht,es for fund,ng water and wastewater system
,mprovements to serve the development w, II be negot,ated w~th the developer
and approved by the Denton Public Ut, l,fles Board, Planning and Zomng
Commies,on and C,ty Counc,I.
Add,t~onal equipment may be reqmred to accommodate the proposed annexat, on
area. Please be adv,sed that this w, II need to be determ,ned when a more defined
development plan is presented to staff
If you have any questions, please contact the person below
Charles F~edler, P E D~rector of En~neenn.q 5/11/01
]8
Attachment 5
SERVICE ANALYSIS
Hunter Ranch Annexation Area A-01-0005
DRAINAGE
1 Annexation of the area may ~nclude subdivisions that may contain httle or no
drmnage. Some areas could be substandard and susceptible to flooding Major
channel or storm drmn systems may be reqmrsd Correction of these problems will
requlre~expenditurs of C~ty funds
2 Until sewer or water service Is prowded to these areas, no funding mechamsm is
avmlable to prowde drmnage mmntenance
3 Easements may not exist to perform mmntenance of channels or storm drmne.
4 These areas may contmn creeks that do not have a detailed flood study Additional
cost will be added to the Master Drmnage Plan Update to include these areas in a
detmled flood study
5 Areas currently experiencing moderate to severe erosion could possible need
repair
6 New subd~v~sions would be subject to the C,ty's Dra,nage Criteria, subd~wslon
regulations, and inter, m regulations
7 The annexation area contemns property w~th~n the regulatory 100-year floodplmn
and designated environmental sensitive areas Several tnbutarms ex~st north
Robson Ranch Road (Crawford Road), and west of Interstate 35 West, which
encompass approx~matsly 450 acres. Some of the floodpla,n has a contributing
drmnage area of greeter that one square mile Current floodpla,n regulations do not
allow c~lsturbance of the floodway ~n these areas The proposed development code
wdl esaent,ally prohibit any d~eturbance of the floodplmn and env,ronmentally
sensitive areas in these areas Structures, park,ng lots, fill, excavat, on, land
d~sturbance, fences, decks, pools, and other aboveground manmade structures wdl
be prohibited m the floodplmn and enwronmentally sensitive areas
19
AGENDA INFORMATION SHEET
AGENDA DATE. June 5, 2001
DEPARTMENT: Planning Department
CM/DCM/ACM: David Hill, 349-8314 ..~
SUBJECT - Z-00-015 (Robson Ranch Matntenance Yard,t)
Hold a pubhe heanng and consider adoption of an ordinance approwng a Detailed Plan for 1 389
acres ~n the Planned Development 173 (PD-173) zomng d~stnct The property is located on thc
north sMe of Robson Ranch (formerly Crawford) Road approximately 2,000 feet west of 1ts
intersection with Ed Robson Boulevard The intent m to develop a golf eonrse maintenance
facthty for the Robson Ranch development The Planmng and Zomng Commission recommends
approval (7-0) with ¢ondmons
BACKGROUND
The appheant has submitted a Detailed Plan for a maintenance fatality which wall store
eqmpment and materials associated with the upkeep of the Robson Ranch golf courses There
wall be a shop for the repmr of equipment as well as admlmstrat~ve offices The famhty wtll be
screened from public wew by an 8' h~gh fence, as well as by a 10' landscaping buffer along
Robson Ranch Road
~' The subject property m located m the Planned Development 173 (PD-173) zoning district
> This development is not subject to the ~ntenm regulations for nonresidential development
(Ordinance 2000-069)
> The proposed development is located w~thm a Neighborhood Centers land use area of Thc
Denton Plan Staff finds the proposed development to be consmtent w~th the Comprehensive
Plan
OPTIONS
1 Approve as submitted
2 Approve with ¢ondmons
3 Deny
4 Postpone consideration
5 Table item
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0) of this zomng request with
the following condition
1 Lxghtlng on the property shall be designed and maintained so as not to sh~ne
on or otherwise disturb surrounding resldcnttal property or to shine and
project upward to prevent the d~ffusmn into the mght sky
ESTIM&TED PROJECT SCHEDULE
This property is not platted and will need to be platted prior to development
PRIOR ACTIONfREVIEW
The following is a chronology of Z-00-01 $, commonly known as Robson Ranch Maintenance
Yard A Detatled Plan
Application Date- July 26, 2000
DRC Date(s) - August 3, 2000
P&Z Date - April 11, 2001
FISCAL INFORMATION
None
ATTACHMENTS
1 Planning and Zoning Commission Report, April 11, 2001, Z-00-015
2 Planning and Zomng Commission minutes from April 11,2001
3 Draft Ordxnance
Respectfully submitted
Director of Planning and Development
Prepared by
ATTACHHENT 1
PLANNING AND ZONING COMMISSION
STAFF REPORT
Subject Robson Ranch Maintenance Yard A- Case Number Z-00-015
Detailed Plan
Staff Thomas B Gray, Planner I Agenda Date April 11,2001
Hold a pubhc heanng and consider making a recommendabon to the C~ty Council concerning a
Detailed Plan for 1 4 acres in the Planned Development 173 (PD-173) zoning d~stnct The ~ntent ~s to
~ ~'~$1TE
Townof N c,~thlake
I
develop a golf course maintenance fac~hty for the Robson Ranch development
LOCATION MAP
Location North s~de of Robson Ranch (formerly Crawford) Road, approximately 2,000 feet west of
Ed Robson Boulevard
S~ze approximately 1 4 acres
Z O0 015
3
I
Owner and Applicant' Robson Denton Development, LP
9532 East R~ggs Road
Sun Lakes, Arizona 85248-7411
The developer has submitted a Detailed Plan for a maintenance fac~hty which will store equipment and
materials associated with the upkeep of the Robson Ranch golf courses (see Enclosure 1 ) There w~ll
also be a shop for the repair of equipment as well as adm~mstratlve offices The faclhty will be
screened from public view by an 8' high fence, as well as by a 10' landscaping buffer along Robson
Ranch Road This development ~s not subJect to the Intenm Nonresidential Regulabons
1999-2020 Denton Comprehensive Plan Analysis
The Denton Plan shows th~s area to be ~n a Neighborhood Centers future land use area
Neighborhood Centers are primarily residential in nature but can ~nclude recreabonal amenlbes such
as golf courses Th~s maintenance fac~hty ~s ~ntegral to the operation of the golf courses at the Robson
Ranch As such, the proposed zoning apphcatlon comphes with The Denton Plan
1. Transportation
A Tr~p generabon
The proposed development is not expected to have any s~gn~ficant traffic ~mpact Most of the traffic
th~s s~te would generate would be internal to the Robson Ranch development, as maintenance
vehmles and equipment make their way to and from the golf courses
B Access
The project w~ll ~mtlally have access to Robson Ranch (Crawford) Road An internal connection to
the rest of the Robson Ranch subdlwsion will be provided as ~t continues to be developed
C Road Qapac~ty
Robson Ranch Road is Ident~fied as a secondary major arterial road by the 1998 Denton Moblhty
Plan Thlslroad is designed to be a four (4) lane undivided street without parking, providing four
(4) lanes of through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of
up to 14,900 trips per day There are no recent traffic counts available for Robson Ranch Road
However, th~s faclhty ~s not expected to have any significant traffic impact on Robson Ranch Road
D Pedestrian Linkages
An accessi~ble route to all new nonresidential building entrances is required by Texas Access~blhty
Standards '(TAS)
Z 00 015
4
2. Utilities
Th~s s~te will have access to a water line extension Sanitary sewer will be handled by an on-site
septic system until a future sanitary sewer hne ms constructed
3 Dramnage and Topography
New development w~ll be required to design and construct a drainage system to city standards A
prehmlnary drainage study w~ll be required with the submission of a prehm~nary plat The study
must include calculations of the lO0-year storm for all drainage areas on th~s property and any
area that drains towards this property The developer must ~n&cate the method by which the run-
off w~ll be carned across the prope.rly or stored on the property
4. Signs
No s[gnage ~s being proposed
5. Off-Street Parking
New development must provide parking according to the regulations of Chapter 35 (35-301) of the
Code of Or&nances The apphcant ms proposing a total of 23 spaces for the fac~hty, which ~s well
above code requirements Some of the parking w~ll be used for equipment storage
6. Landscaping
This property wmll have to comply wroth the Landscape Code, which requires fifteen (15) trees per
acre and twenty (20) percent pemous surface area, as well as the landscape standards of the PD-
173 Concept Plan
7 Open Space and Recreational Areas
No reqmrement for nonresidential development
8 Lmghflng
bghtlng on,the property should be designed and maintained so as not to sh~ne on or otherwise
&sturb surroun&ng residential property or to shine and project upward to prevent the diffusion ~nto
the n~ght sky Thins requirement can be wntten ~nto the ordinance as a con&tlon of approval
9. Environmental Quality impacts
Fuel for maintenance equipment and chemicals associated w~th horticultural activities w~ll be stored
on the s~te However, staff does not feel that th~s poses a s~gmflcant environmental risk
August 3, 1999 - The subject property was placed In the Planned Development 173 (PD-173)
zomng d~stnct and land use class~ficabon by Ordinance 99-265
The subject property is not platted and would need to be platted prior to any development
Z O0 015
Not~ce of the zoalng request was pubhshed Jn the Denton Record-Chromcle on Saturday, March 31,
2001 The applicant Js the only property owner w~th~n c~ty hm~ts w~thm two hundred feet of the
proposed develepment No residents are located w~th~n five hundred feet of th~s development
No neighborhood meetings were held
Staff recommends approval of Z-00-01'5 with the following conditions
1 L~ght~ng on the property shall be designed and maintained so as not to shine on or otherwise
d~sturb su rround~ng residential property or to shine and project upward to prevent the d~ffus~on into the
n~ght sky
I move to recommend approval of Z-00-015 w~th the following conditions
1 L~ght~ng on the property shall be designed and maintained so as not to sh~ne on or otherwise
d~sturb surrounding residential property or to sh~ne and project upward to prevent the d~ffuslon ~nto the
night sky
1 Recommend approval as submitted
2 Recommend approval w~th conditions
3 Recommend demal
4 Postpone cons~derabon
5 Table ~tem
1 Proposed Detailed Plan
Z O0 015
I '1 6
ATTACHMENT 2
Pag~ 15
M~.MC~,~, oka) O~h~qu~stlonsor 1 Ag~da~I~6, holdapubhch~g~d
Co~sslon~ 0o~o. 2 ~ns~d~ ~s~n~ ~ ~tton to Cl~ ~ctl
3 ~n~mg a de~,l~ pl~ for 1 3 ac~ m ~c Pl~ned
4 ~velopm~t of ~I~ - ~c~ me ~ prope~ ~s
5 lo~ on ~e no~ ~do of Robson R~ch Road Sol
6 believe ~ ~y ~ going ~ bnng ~ ~o s~f ~oa
7 M~ 6~Y: ~ yOU ~d good ov~mg
~ is p~ 8 m a mmnt~ f~ for ~e Robson R~ch
~ andy 9 develop~L As you'~ pwbably f~, ~ Robson
) ~at's a~dy 10 R~ch devolopm~t ~ ~vo ~veml goff ~s ~mng
~ ~y, in my 11 ~ou~ xt on~ it's ~mple~ly built out ~d, obviously,
~d I als~ ~at 12 you n~d a pla~ to ~ yo~ mamt~ ~mpment for
usoof 13 ~c golf co~ So ~ havc a 1 3, probably clo~ to
~ aM o~ ~ 14 1 4 acr~ rotc 1~ n~t h~ on Robson ~ch Road,
15 fomdly ~ord R~d ad you ~o~d have ~p~es of
16 ~s map in yo~ b~ or ~s sl~ pl~ m yo~ ba~p
17 Bu~ b~y, ~e ~velopm~t ~ ~n
18 sto~ ~a~ f~ ~ ~mp~t ~d ve~cl~ ~u~ for
20 ~ mulch, p~ ~
21 ~ngs ~ ~ ~ ~o's ~op for ~ ~ of
22 ~e ~u~pm~t ~ ~[ ~o ~ somo offi~ for
23 a~m~w p~ ~d
25 out d ~sll~a~on on ~at ~c~ ~d 25 co~ It ~ ~ ~ off of Robson ~ch Ro~ ~
Page
1 ~ ~u o~ oo~? I well, but ~ ~ys ~ mostly for dehv~
2 2 ve~cles dehv~g p~m~ ~d m~o~ ~t ~d of
3 t ~pub~o ~i, but ~ 3 ~ Bu~ o~ ~t's ~ ~o~ ~ a~
4 ~ s~ 4 ~ ~ ~n~t plm for ~1~3 ~d
5 ~ he wo~d ~ s ~ ~ 5 appr~v~
6 tL ~ m w~h i -- 6 ~ M~ J- ~m{~lon~) do ~u have
7 ~b~ ~'~ ~inst 7 qucs~onsor~m~for~ O~y ~youv~
8 ~ So~'~had ~t~ 8 much ~s~sap~hc~g~dat~pomtI~
9 pmp~ e 9 op~ ~ pubho h~ ~d
I0 ~y a~Uon~ ~sousston7 ~ 10 ml~ for pubho h~ ~ pos~ m ~e ou~r mom
I1 you ~dy for ~ vo~? to~ on ~ b~ 11 ~ And ff ~ ~ph~t or ~ apph~t's
12 pl~se ~mo~onts~ 12 mp~hve ~h~ ~o~d~l~e~ea
13 yo~ bac~p so a ~ 13 p~on7 PI~ ~ yo~ n~*
14 s~ ~ ~sohn~. 14 ~rd
15 ~v~o~E 15 ~P~ ~you Myn~emF~P~k
16 16 I'm ae proj~t man~g~ m l~d d6~lopm~t for Robson
17 ~ . ~ ~c~: ~my 17 Ranoh~do~ad~m 10700 Robson ~ch Road I'd
18 18 Ju~ 1~ to say I'm ~ppy I'm h~m I'd ~ to ~er
~19 ~ 19 any questions ~at ~u ~t have ~s mj~ agolf
20 I can't ~ ~ ~t c~t'. 20 ~-mla~ factk~ ~e offi~ ~a~ ts for ~e golf
21 ~ ~p~n~ for
~d ~ go fo~ ~ ~ ~ ~ofl ~ - 22 vmo~ ~d ~ o~ -- ~e ~ ~op and
as a ~tal but as j~t a f~ ~ ~d ~ngs So ff you ~ ~y qu~, I'd ~ happy ~ ]
, 24 ~er ~ for yo~
I
25 ~ ~n~t~ono~ ~5 M~M~ v~g~d I~h~wehawa
PLA~G ~ ZO~O CO~SSIO~R 11, 2001 Pag~ 13 - Pago 16
8
CondenseItm
I queS~on from Cormmssmour Gourcho I Fn~ Deparlment, ~t's a self'contained unit, tn*-hslext Page
2 MS GOURDIB Therlk you On yonr plan here, 2 f'u~ -- a vt hs~l fuel ~ank, fucl cell And thc
3 you've got tho chermcal s'orage btulchng on tho opposite 3 placamcnt on ~ ~s fairly cocc~ptual right now because
4 Slds 0f the street of the P.!~ase 16 homes Is there going 4 ha's ki°l°ng at soma t~ulahan$ as far as how far away
5 to b~ any problem vath mr blowing or .. I just find tt $ fr°m things we head to 1~ wi~h that fuel Ocli
6 lnterostingthatlt,s--wh.x the mechentc's shop in on thc 6 Ms. wmLt~xm. Okay i,mlool~ngforlum I
7 road and this one is on the intoner road 7 don't sea hun
8 MR PBCK ACtllally, tl~chcmlcalstorago 8 ~MC~X'EILL. Mr
9 building is for - it's a pr~manufactured approved ~- 9 ~. WlbLI~_x~s '~ call okay Beaausc what wc'r~
[0 hkc fire department approved, self-contained unit g 10 young on, has~cally, ,~ your draft A! least that's what
11 contains spills and things and there shouldo't bo any I l I'm voting on don t know what anybody elsa is vehng
12 vapor or anything like that exhausting out'of this
13 building 12 on but that's what I'm veOng on is What I sec
13 MR. MC~EILL MI'
[4 MS GOURDIE Arid when It's being loaded and 14 ~ om~ ~a t I1 ~-y ~o aosw~r your
1 $ unloaded, there won't be my probl~ns? I ~ qu~ttou a h~o bit I doa't have an of~olal submittal
16 IvIR. I'ECr,. Idoubtitv~ninch, no 16 fromth~myot W°'~hedcanvo'sa0onwhectheprqlec!
17 MS OOURDIB Is tllere gotng to bo any kmd of 17 wassubnuttcdn~ardmgl~otankaroubecaosolexpresscd
18 screening of it?
18 tho same que..s~oo of we rl~,,, ,, ~, ......
..... vw u~ capaeny of that
19 MR. PBCK. Yes,~'e'sascreenwallaroand 19 tankyct They'vegn~nmotwoorthroulype~dopouthng
tho entiro slte and what tl~at ts ~s.v_an~e~ght-foot picket 20 upon what they're gems to purchase but we haven't had tho
21 fence that will screen tho entL~ site and there's also ~ 1 actual submittal submitted yet as to what tho tank is
22 landscaping nght outside of tho screen wall 22 $omg to ba coostmcl~d of But I will tell you It vail
23 MS OOURDI~ So there's lrees that ere 1:5 23
14 foot, is that what -- are y'all doing a ce~ain vanable? 24 have to conform ~th the ~ Coda on containment and
other th/ngs tu that ex~ant~ and meet the Fire Coda as far
MR. PBCIC Ther~ was a landscape plan 25 as prop~ety distance from structures and things
Page 18
I subnuttad I d°n't know fl' it got attaohed to your 1 that So as far an Coda comphanec~ ti vall Page 20 '
2 datatled plan or not, but It's a pretty Comprehensive 2 comply vath Code ~hen v~ ~t tho final submittal from t~
3 landscaP~ Plan with tree buffer on tho Robson Ranoh side. 3 con'raciSt at that lln:e TI~Y v,~rou'l sure ~ on thou.
4 And alnce we do have re~ck'nts an both sides and tho 4 subauual, they wer~'t to~ally ~ they w~m trying
$ street out~ln front, It's going to ha very presentably 5
6 landscaped out thoro v,~gh ~'vhat they wcrc n~dmg v~r~us what it was going to
~ · 6 cost and so we had eXpOsed that concern with thom and
7 M.~ (K)URDIB, IS tl~T~ going to be much nolse 7 wo'vemct with thom and g~vou them thaCodothsiwo,ro
S with the lawnmowors being brought m end out to maintmn 8
9 tho golf cotlfsos? under so they could rcsourch what will work best for them
9 ~ W~L~.,eS what would you pv~t'e~ And
10 MR. PBCIC JUSt regular Saturday nioming in I0 when I say pre, er, I'm tal~,ng about from a professional
11 your neighborhood lawnn:owors starting
11 point of wow, not - an und~,-~ otmd s~rngo fuel tank or
12 M800URDI£ Are you going to have, ltko, a 12 aboveground? An ' '
13 tune which you'll be dom~ it? Ar~ yon going to start 13 can.-- d I m asking you profcssioually and you
14 after 7 00 or --
15 MR. PECIC Actu~.v, v,~haven't ever 14 ~oml.~l~./,~professloualoptntouisy~.u~
15 can make them both comply and make them safe If I have a
16 establlshedanytm~eframehm;ts Itham'tevorbeena 16 personalprofe~nce, Ir~aIlydou,t Butasfaras
17 problem m any of our oth~.r commumues 17 c°mphanco gecs, m~er way you're st~lJ taIldng about
18 M$~ OOURDII~ okay Thank yon 18 secoudary contalnrn~t and s~condary contatnmout is
19 MR MCN'EILL crier que~Ltons? Commisslon~ 19 cIe~Jgn~l to wh~ro you hold tho product And if tho
20 Wflhams
20 · out ofth~ tonk, it's st~ll contuln~l in a
21 ~ W/LLIAiviS yes I have a questt0n in 21 secondary vessel that keeps tho product from beln$
22 regards to tho above-ground fuel stor~o tank. And I 22 coutarmanted rote th~ soil $o ff they put it
23 notice It's V0ry ol0s0 to the fence, also 23 and~rgroand, they have to put secondary contatnmant so
24 ~ PECK. AS Wo'v0 been working with ~'ohn 24
25 they don't contanun~ the soil. If they put it above
Clllcttc on the e~act placemant of that with tho Denton 25 ~round, they,ve s~ll Sot to provide coutammant,
__ PLANNIN(~ &i:Z. ONiNO COlVlMISSIOI~R 9 1, 2001 ~ Page 17 - Page 20
CondenseItTM
Page 21 Page 23
I ~ v~c~c That's cor~ct
I seccod~'y,contammcnt ~ , ·
2 SO from that perspective, and th~ s some 2 Mm ~SHm- okay Thank you
3 cost issues It's prc~y expensive to put one above 3 ~. Ma,~n L Thank you very much Thank you
4 g~oand so -- but the bottom line is you can rn.~. tk-~m Code 4 Is there anyone m &.e audience who would like to address
5 comphant either way, It's.lust a ma~cr of how much do 5 this issue? Anyone m th~ audiencc who would hkc to
6 you want to spend and there's some Stat~ regulations m 6 address tbs lssuc? Anyone m the audience who would hkc
7 there, too, 'ri, moo and tlflngs l/ko that 7 ~o address it? Sccu~ no movcmcnt, I vall clo$c thc
8 ~ wlttv,~s, Thank you 8 pubhc hearing and ~k staff If they havc any closing
9 ~ l'~a'~Ll. Commisstenc~ Apple 9 comments
l0 Ms APPL~. I have a que~gan of tho ! 0 ~ OP, Ay staff has no further commcuts
I l gentleman, Are y'all going to have a cart washng ~ren? I l sat. MC:Nmt~ Thank you vcry much
12 MI~'P~K. Not a cart wasMng area %~wffl 12 Canumssionors? ConmusslonorOoorthe
13 have a wash-off area for the lawnmowers to w~h off t~ 13 Ms~ aovlw~, we had the comment from Mr Peck
14 grass chppings and things And with our submittal, our 14 that the - it's a couceptuahdea of where tho area that
15 engm~rln~submittal, wohavothedetalls fostho 15 Mr Wl!h*-~awasspeahngof Andinal'D, don't wa have
16 separatar syst~n that holds tho grass clippings and then I 6 to have a sp~cdic?
~17 those am taken out at certain in~ervaIs It's about fl:~ 17 iv~lo.v mduscaso, Idon'tthlnkwodo
18 same kind of a trap that's used tn a carwash 18 because, first af all, w~ don*t have that dimensioned We
19 MS. AI'pI.~. okay We~Isawthawashmff 19 don't have lt locked down by a thmensinn As long as it's
20 aren and I wasn't sure ff that was f~* cmts A~ y'~l 20 tn tho saum general arm, I thnk that - I don't think
21 EoL~ to have private carts? 21 staff woukl have a probl~m w~th lC You know, if he wants
22 MR. I~IK~ MOSt of the ~tdents .y~ have 22 to moyo th~ fuei storage tank to tho other side of the
23 their own golf carts bu~ v~ vnll have a c~ain ~mmmt of 23 bmk~/~ or tho other side of tho prepay, that would bo
24 carts available at -- for the course 24 a sv'parato ~su¢ and that's probably an issue that could
25 Ms A~I~LI~. But that cart wash area wou'~ be 25 be handled through a minor amendment But whether or not
Pege 22 Page 2
1 located here? I ~t's s~x feet tlus way or s~x fect that way, really, !
2 Mit P~CK NO, the ca~ are stored up by the 2 don't th,-Ir that vall atTect th~ ovcrell detailed plan
3 pro shop 3 Ma. P,~ICHHA~T' And we don't specdically look
4 MS APPLE okay Thanks .~ 4 to see thsl ~t's -- ~nat manufacturer ~t ~s or what ~t
5 MR.MCNI~ILL Isuspcctflusm~planyou'v¢ 5 lookshl~ That's thc area that ~t's gomg to be located
6 used at other golf coursas qmt~ anccossfully? ' 6 m It'sgomgtom~c~FireOodc So, Imean, w~dan't
7 MR, I'ECK, Yes AS a matter of fact, I've got 7 gct into thc spocfflcs of the exact manufacturer or
8 tho a~lutectoral' floor plan of the bud&ng and t'.,nSs 8 anythng hkc that.
9 that says Ir0~awood on It from one of our Arizona projects, 9 M~ COURDr~ I just was under tho lmpressxon
l0 except you can't read anytlung because I had to fhp ~t to 10 that location was tho -- was supposed to be marked oxactl
11 make ~t match the footpnnt over hero so xt's all m 11 where xt was gorog to be
12 reverse But, yoah, flusxsbasxcallyaboutthes~nemze 12 MR.REICHHART Locatlonlsmarkedexactly
13 we use for all of our golf co. sas, to anpport an 18-hole 13 wh~ro ~t's going to be
14 golfcoRr$o 14 MS Cd)UP, Dm okay Thenkyou
15 MR. MCNEILL. very good. Commissioner lhsbol 15 ~ MCNE~.L V~ good Any other questaons
16 M~ RISHEL HOW many I g-hour golf' courses 16 for staff? Thank you very much Comn~ss~oners, do yet
17 will be oat them? 17 have addmanal ch~usmon or ~s them a mohon?
18 MR. PECK Three 18 MS APPLE. I'm ready to make a motion
19 MR. RISHBL. Andtbas~sgonigtobeprot. otype 19 MR. MCNF-ILL conumssroncrApple
20 for all three of them or is flus is going to servnie all 20 MS APPLE. I'll move to recommend approval of
21 three of them? 21 Z-00-015 with the following conchtions that hghtmg on
22 MI~ PECK. NO, flus ls going to bo oue of' 22 the property shall be c~ed and maintained so as not tc
23 ~ 23 dune on or o~ disturb surrounchng re~d~nttal [
24 MR. RISHEL. So the service center ~ that 24 property or to 8hm¢ and project upward to prevent
2:5 we have here '~dl be duphcated two mom hines? 25 dffuswn rote the night sky
PLANNIN~3i& ZONING COMI~IISSIO~ ! .... 1, 2001 Page 21 - Page 24
.-m 10
CondenseltTM
Pago 25 P 27
I ~ ~ISHRL smond I ~ ltoPlclNs, ~ n~o Is Dan Hop~ns~ 4000
2 ~ M~L It'S b~ ~v~ and s~ond~ 2 t Windsor m ~o~ ~d
3 ~ ~ any a~flonal ~s~sion? Wo~d y~ vo~ on ~ 3
4 b~d, pl~s~ Motion pass~ 7~ 4
5
6 up to '- ~lls
8 way up ~ ~al ~ n~
9 ~ smhon is ~at ~n tn
10 10 puUmg a n~ hff s
11 ~ 11 on old
12 )t and 12 S~sh~ Road mt of
13 dom~I~ plan 13 s~c~ and wo'm n to on~ on o~
14 14 pro3~t ' ~ ~ Cl~ on
15 and ~ demtl~ ~s~, ~ 15 ~mg ~ up~do &o i
16 ~ 16 wat~ ~noi~
1~ ~in smgo~ of ~ 17
18 ~o. k and B ~ bml~ 18 So
19 ~s 19
20 ~ ~d bo 20 D ~
21 bml~ ~or 21 and ~
22 ~ ~st 22
~3 23
~4 ~ ~ not ~gng any c~ m hnd 24 for m~t is ~ m~fica~o~
25 ~ or 8~M~; j~t ~ go ~d and -- ~'s a ~st 25 phasing of ~ n~ p~so of t~as~ ~d ~s ~s
Page 2~
1
2
4 Pa~ ]
5 s~ ~t
7 ~t
~ ~ R~d
9 ~om S~sh~ R~d ~ ~d ~ go up
10 ~d mbmld or b~l~ i ~w~ Road
11 w~ch c ~ bo~ ~d ~
12 haw ~ ~nd ~at mt~tzon,
1~ Now, a~ w~'~ tom~ ~s ~f on
14 h~mg ~ bmld ~t ~ g~ tn
15 ~t~
16 ~o~ng ~ put a
17 sub~vtsion,
19 P~s So
20
~y 21
22
23 accms ~ ~
pphcant ~ ~s ~mgvc ~s 24 , get ~t r~d out so I can s~ dot~ s~ work
yo~ n~e and ad~s for ~ ~ord 23 ~d ~ ~son why I n~ some ~f on ~ ~ng of
~ ZO~G CO~SSIO~R ~ ~' ' 1, 2001 Pag~ 25 - Page 2g
11
ATTACHMENT 3
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99-
265, TO PROVIDE FOR A DETAILED PLAN FOR 1 389 ACRES LOCATED WITHIN THE
PLANNED DEVELOPMENT 173 (PD-173) ZONING DISTRICT AND LAND USE
CLASSIFICATION, THE SUBJECT PROPERTY BEING GENERALLY LOCATED ON THE
NORTH SIDE OF ROBSON RANCH (FORMERLY CRAWFORD) ROAD
APPROXIMATELY 2,000 FEET WEST OF ED ROBSON BOULEVARD IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS, 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-00-015)
WHEREAS, on August 3, 1999, by Ordinance 98-265, the C~ty Council approved a
Concept Plan for 2,725 acres located m the Planned Development 173 (PD-173) Zomng District
and Land Use ClasmficaUon, as more paracularly described thereto, and
WHEREAS, on July 26, 2000, Robson Denton Development, L P submitted a Detmled
Plan for 1 389 acres located w~tlun the Planned Development 173 (PD-173) Zomng Dmtnct w~th
the intent to develop a golf course maintenance famhty, and
WHEREAS, on April 11, 2001, the Planmng and Zomng Commmmon recommended
approval of a Detmled Plan for such 1 389 acres, and
WHEREAS, the C~ty Council finds that the Detaaled Plan ~s conmstent w~th the approved
amended Concept Plan for PD-173 and is m compl, ance w~th the 1999-2020 Denton
Comprehenmve Plan ("The Denton Plan"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance 98-265 prowchng for the approval of a Concept Plan for the
Planned Development-173 (PD-173) Zomng District Clasmficat~on and Use Designation ~s
hereby amended by approwng the Detmled Plan attached hereto and incorporated hereto by
reference as Exl~b~t B for 1 389 acres located w~ttun PD-173, more particularly described by the
legal desonpt~on attached hereto and incorporated herren by reference as Exhibit A
SECTION 2 The provlmons of thru ordinance as they apply to the 1 389 acres shown ~n
the detailed plan hereto approved, shall govern and control over any conflmtlng provm~ons of
Ordinance No 99-265, but all the prov~mons of Ordinance No 99-265 as they apply to that
remmnmg port~on of the dmtnct not hereto amended, shall continue m force and effect and shall
apply to the remmnder of said dmtnct
SECTION 3 A copy of ti'ns ordmance shall be attached to Ordinance No 99-265
showing the amendment herren approved
12
SECTION 4 Any person wolatmg any prowslon of tbas ordinance shall, upon
conwct~o~a, be fined a sum not exceeding $2,000 00 Each day that a provision ofth~s ordinance
~s violated shall constitute a separate and distract offense
SECTION $ Th~s ordinance shall become effective fourteen (14) days fxom the date of
~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of tlus ordinance to be
pubhshed, twice m the Denton Record Chromcle, officml newspaper of the C~ty of Denton,
Texas, w~thm ten (10) days of the date of ars passage
PASSED AND APPROVED this the day of ., 2001
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
EXHIBIT A
LEGAL DESCRIPTION
FOR
LOT 1 BLOCK A
ROBSON RANCH MAINTENANCE YARD A
BEING a tract or parcel of land situated in the M Scurlock Survey, Abstract Number
1141, City of Denton, Denton County, Texas, and being known as part of a tract of
land conveyed to Robson Denton Development, L P as descnbed by deed recorded
m Volume 4373, Page 216 of the Deed Records of Denton County, Texas, and
being more particularly descnbed as follows
BEGINNING at a point for corner being on the northerly line of Robson Ranch Road
(a 90 foot wide right-of-way), smd point also being the southeast corner of said
Robson Ranch Mmntenance Yard Tract, and said point also being North 89 degrees
51 minutes 17 seconds West a dmtance of 1976 84 feet from the intersection of the
north line of sa~d Robson Ranch Road w~th the west hne of Ed Robson Boulevard
(140 foot w~de Private Access Easement),
THENCE North 89 degrees 51 minutes 17 seconds West along the northerly hne of
said Robson Ranch Road, a distance of 364 97 feet to a point for corner being the
southwest corner of sa~d Robson Ranch Maintenance Yard Tract,
THENCE North O0 degrees 10 m~nutes 13 seconds West departing the northerly hne
of sa~d Robson Ranch Road, a d~stance of 159 87 feet to a point for comer being the
northwest corner of sa~d Robson Ranch Maintenance Yard Tract,
THENCE North 87 degrees 26 m~nutes 24 seconds East a distance of 233 65 feet to
a point for comer at the beginning of a curve to the left having a central angle of 17
degrees 25 minutes 10 seconds, a radius of 275 00 feet, and a chord beanng and
dmtance of North 78 degrees 43 minutes 49 seconds East, 83 29 feet,
THENCE ~n an Easterly direction along said curve to the left an arc length of 83 61
feet to a point for comer being the northeast comer of smd Robson Ranch
Maintenance Yard Tract,
THENCE South 33 degrees 00 minutes 40 seconds East a distance of 92 92 feet to
a point for comer ~n the easterly line of smd Robson Ranch Maintenance Yard Tract,
THENCE South 00 degrees 08 minutes 38 seconds West a d~stance of 109 59 feet
to a point for corner at the POINT OF BEGINNING and containing 1 389 acres of
land, more or less
\\USAI.I~PROJ ECTS~ProJects~99130~DOC~ld-Malnt~ 14
15
AGENDA INFORMATION SHEET Dal, __~/_~/~
AGENDA DATE: June 5, 2001
DEPARTMENT: Planning & Development1
CM/DCM/ACM Dave Hill, 349-8314 ~/.gk
SUBJECT SUP-218 (Delta House)
Consider and take action on a request to extend the approval of a Specific Use Permit (SUP #218) for
a fraternity house located on the southeast corner of West Oak and Fry Streets, at 1305 West Oak
Street The 0 75 acre site is zoned General Retml (GR) The proposal is to develop a nme (9)
bedroom fraternity house for the Delta Lodge The SUP was approved on June 15, 1999 by Ordinance
No 99-208, wath a one year extension approved on June 6, 2000 (SUP No 218)
BACKGROUND
An SUP for a fraternity house was approved June 15, 1999 by Ordinance No 99-208 (See attachment
2) Section 35-114 of the code states "A specific use permit issued under this division shall become
null and void unless construction or use is substantially underway within one (1) year of the issuance
of a permit, unless an extension of time is approved by the city council" City Council granted a time
extension on June 6, 2000 On May 14, 2001 the Brotherhood of Delta Lodge requested that the time
limit for the SUP be extended for an additional year (See Attachment 1)
The applicant has submitted the bmldmg permit, which has been reviewed by staff and the applicant is
making the necessary revisions However, construction has not begun and will not be substantially
underway by June 6, 2001, which is the limit of the current time extension
} The subject site is located in the Downtown Umverslty Core District The general intent is to allow
a mix of uses and densities This proposal is in compliance with The Denton Plan
OPTIONS
1 Approve as submitted
2 Approve with conditions
3 Deny
4 Postpone consideration
5 Table item
RECOMMENDATION
The applicant appears to be making progress toward developing the property, staff recommends
approval of the extension
ESTIMATED PROJECT SCHEDULE
If the time extension is approved the budding permit is expected to be approved and construction
begun by mid-June, 2001
PRIOR ACTION/REVIEW
The following is a chronology of SUP-218, commonly known as the Delta House
June 15, 1999 - SLIP approved by City Council
June 06, 2000 - City Council approved a one-year t~me extension
May 14, 2001 - Request for a one-year t~me extension received
FISCAL INFORMATION
Development of flus property wall increase the assessed value of the city, county, and school d~stnct
As a form ofinflll development, no extension ofpubhc mfrastructure ~s necessary to service flus s~te
ATTACHMENTS
1 Location Map
2 Request for one-year time extension
3 Ordinance No 99-208
Prepared By
DM~:~o~mat ~hc~tntffK~, ew ~M~anager
R4spectf~lly submittal
Do~las~l Powell AICP
D~rector of Plaun~ng and Development
Attachment 1 ~
NORTH
SUP-2118 Delta House
LOCATION MAP
Scale None
.............. P~_ge_l ]
ATTACHMENT 2
Marcy,
My name ts Craig Watt and I am the Vice President of the Board of Alumm of the Delta Lodge
am emalhng you to request an extentlon on our Specific Use Permit for the construction of a new
house at 1305 West Oak Street Please contact myself or Robert Bone for further ~nstmctlons on
making this happen You can reach me at 409-986-5541 work or 409-965-0967 home You can
reach robert at 214-351-2544 work or 940-387-5289 home Thank you for your t~me and helping
us with this process
Craig Watt
Get your FREE download of MSN Explorer at ht~p//exploler msn com
4
ATTACHMENT 3
O IN CE O
Aiq ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT iTO ALLOW A FRATERNITY HOUSE ON A 0 75 ACRE TRACT LOCATED AT
THE SOUTHWEST CORNER OF FRY STREET AND OAK STREET (LOT 1, BLOCK 22,
OF THE ~COLLEGE ADDITION JDF DENTON, TX), WITHIN A GENERAL RETAIL (OR)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A
PENALTY IN THE MAXEVlUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF,
AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-026)
WHEREAS, Robert A Bone, on behalf of Delta Lodge, Inc, owners, lmtlated a request
for a Specific Uso Ponmt to allow a fratermty house on a 0 75 acre tract located at the southwest
comer of Fry Street and Oak Street (Lot 1, Block 22, of the College Addmon of Denton, TX),
within a General Retail (GR) zomng district clasmficetion and use designation, and
WI~REAS, on May 26, 1/}99, the Planmng and Zomng Commlsmon recommended
approval of the requested SpeclfiO Use Permit, and
WHEREAS, tho City Council finds that the Specific Use Penmt is m compliance with the
Zoning Ordinance and Denton Development Plan, and
WI~REAS, in accordance with Article III, DlVmlOn 4, of Chapter 35 of the Code of
Ordinances of tho City of Denton, Texas, tho City Council finds that all of the followng
condmons exmt'
1. That the specific use will be compatible with and not m3unous to the use and
enjoyment of other property nor mgmficantiy dn'nn'nsh or impair property values
witinn the Lrnmedtate vicinity,
2 That the establishment of the specific use will not unpede the normal and orderly
development and improvement of surrounding vacant property,
3 That adequate utiht~es, access roads, drainage and other necessary supporting
facilities have been or will be provided,
4 That the design, location, and arrangement of all driveways and parlang spaces
provides for the safe and convenient movement of velucular and pedestrian traffic
without adversely affecting the general public or adjacent developments,
5. That adequate nuisance prevention measures have been or will bo taken to prevent
or control offensive odor, fumes, dust, noise, and v~bration,
6 That ~hrectional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
7 That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property,
5
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DI~NTON HEREBY ORDAINS
~ECTION I That a spemfi¢ use permit to allow a fratermty house on a 0 75 acre tract
located at the southwest comer of Fry Street and Oak Street (Lot 1, Block 22, of the College
Addmon of Denton, TX), wlthm,~ General Retail (GR) zoning dmtnct clasmficat~on and use
demgnat~on, as per tho site plan and landscape plan attached hereto and incorporated herein as
Exhibit A, is approved subject to the following condmons
1. That approval m subject to development aecordmg to the site plan and
landscaping plan attached hereto as Exhibit A,
2. That hghtmg on the property shall be designed and mmntmned so as not to sinne
on or otherwise disturb surrounding property or to shine and project upward to
prevent the chffumon into the mght sky, and
3 That an eight (8) foot masonry wall shall extend as indicated on the site plan by
staff
~. That any person violating any provision of tins ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a pwvmon of tins ordinance
~s v~olated shall constitute a separate and chstmct offense
~. That tins ordinance shall become effective fourteen (14) days from the
date of its passage, and the C~ty Secretary is hereby d~rected to cause the caption of tins
ordinance to be pubhshed twice in the Denton Record-Chromcle, a dmly newspaper published in
the City of Denton, Texas, within ten (I0) days of the date of Rs passage
VED tins the ~ ~-~//Tda--~ of
PASSED AND APPRO /O Y ,~,,~,,'-'~ '
1999
JA~I~LER, MAYOR
ATTBST
IENNIFER WALTERS, CITY SECRETARY
6 PAGE 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
? PAGE 3
EXHIBIT ~ ,
AGENDA INFORMATION SHEET A~e.~ ~v ~.~
....
AGENDA DATE: June 5, 2001
DEPARTMENT' Planning & Development D.epartment
CM/DCM/ACM David Hill, 349-8314 .~
SUBJECT
Consider and take action on a request for rchef from the Rcsldcntml Interim Zomng Regulations,
Ordinance 2000-046 for a 19 6 acre property located at the southeast comer of Highland Park and
W~stcrm The property is in an Agricultural (A) zomng district A smglc-famfly subdivision is
proposed (RR-01-0002, SE Comer H~ghland Pk & Wisteria)
BACKGROUND
An apphcat~on for request for rchcf from thc Resldentml Interim Regulations has been received (sec
Attachment 1) Background information regarding thc current status of th~s case is prowdcd m
Attachment 1
Ordinance 2000-046, known as thc Resldcntml Interim Regulations, was adopted by City Council on
February 1st ,~000 This or&nance contmns standards w~th which res~dentlal development projects
must comply until thc Code Rewrite project ~s completed and permanent standards are adopted
Ordinance 2000-046 also contains a separate section that allows applicants to request rehcf from the
interim re~ulations, ~ncludmg evalua(~on cnterm to be used by Council
Section F Rcbcf Procedures
The apphcant may pet~tmn the C~ty Council for rchef from these mtcnm
development regulations by requesting such rehef m writing
2 The C~ty Council shall not reheve the apphcant from the reqmrements of th~s
ordinance, unless the appbcant first presents credible ewdence from which the C~ty
Council can reasonably conclude that the imposition of the residential density
hm~tat~ons or other development standards deprives the apphcant of a vested property
right or deprives the applicant of the economically wable use of h~s land
3 In deciding whether to grant rehef to the apphcant, the City Council shall
take ~nto consideration the following
(a) whether granting rehef from the residential density hm~tatlons or other
development standards contmned in these ~ntenm development regulations, in the
absence of permanent rews~ons to the C~ty's Land Development Code that ~mplement
the prowsions of the comprehensive plan jeopar&zes the C~ty's best ~nterests ~n
preventing such effects,
(b) the smtabfi~ty of the proposed res~dentml uses ~n hght of land uses allowed in
the zoning d~stncts on property adjacent to the proposed s~te,
(c) the ~mpact of the proposed res~dentml use on the transportanon and other
pubhc facilities systems affected by the development,
(d) the measures proposed to be taken by the apphcant to prevent negative ~mpacts of the
proposed use on the neighborhood,
(e) the hkehhood that sufficient rehef will be provided to the apphcant
following adoption of the City's Development Code,
(f) the total expenditures made m connection with the proposed resldentml
development in rehance on prior regulations, ~ncludlng the costs of ~nstalhng
infrastructure to serve the project,
(g) any fees reasonably paid in connection w~th the proposed use,
(h) any representations made by the C~ty concerning the project and
reasonably rehed upon to the detriment of the applicant
4 The C~ty Council may take the following actions
(a) deny the relief request,
(b) grant the relief request, or
(c) grant the rehef request subject to conditions consistent with the cnterm
set forth m th~s section
5 Any relief granted by the C~ty Council shall be the minimum deviation from
ordinance requirements necessary to prevent deprivation of a vested property right
OPTIONS
Council may e~ther
1 Deny the request for rehef, or
2 Grant the request for relief, or
3 Grant the request for rehef, subject to condltmns consistent with the evaluation criteria set
forth tn the ordmance (and referenced above)
RECOMMI~NDATION
Staff recommends that the decision of whether or not to grant the requests for relief should be based on
the merits of each ~ndlwdual apphcatlon
ESTIMATI~I) PROJECT SCItEDULE
Review schedules are discussed m the attachments
PRIOR ACTION/REVIEW
One petition was rewewed on February 20, 2001
1 Oaks of Montemto - approved
One petition was reviewed on November 28, 2000
2 Good Samaritan Vtllage- approved
One petttlon was rewewed on September 26, 2000
3 Longndge Estates - approved
One petition was reviewed on August 15, 2000
4 Bellmre North Addition - approved
One petmon was rewewed on May 2, 2000
2
1 Doyle Addat~on- approved
Two petitions were reviewed on April 18, 2000
1 Evers Park - approved
2 Summxt Oaks Addition, Phase II - approved
Five petitions were rewewed on April 4, 2000
1 Lakewew Ranch- approved
2 Audra Oaks - approved
3 Robinson Oaks - demed
4 Belle Bryan Apartments - approved
5 Belmmg Place - approved
Two petmon$ 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 petatlons are beang processed and brought to Cotmcfl using ex~st~ng staff resources
ATTACHMENTS
1 Staff report
Respectfully submitted
Douglas S Powell, AICP
D~rector of Planning and Development
3
Attachment 1
WAIVER REQUEST - SW CORNER
HIGHLAND & WISTERIA (RR-01-0002}
STAFF REPORT
BACKGROUND'
Request Relief from the Residential Interim Regulabons (Ordinance No
00-046) to proceed w~th zomng of 19 6 + acres An SF-7 s~ngle-
family subdivision Is proposed
Location Southeast corner of Highland Park and W~stena
Zomng Agricultural (A)
Acreage 19 6_+ acres
Platting The property ~s not platted
Comp Plan Consistency The Comprehensive Plan idenbfles th~s property to be w~th~n the
"Neighborhood Centers" Dlstnct These areas may develop ~n
convenbonal patterns or may be developed ~n a pattern of
'neighborhood centers' S~ngle-fam~ly development ~s consistent
with the intent of the Comprehensive Plan
CONCLUSION
Additional Approvals Without Rehef W~th Rehef
Zomng Plan Not Required
Project Plan Not Required
Re-Zoning *
Prehm~nary Plat
F~nal Plat
Building Permits
· Re zoning refers to the zomng process used prior to the ~ntenm regulations
ENCLOSURES
1 Zomng Map
2 Apphcabon
RR 01-0002 SE Corner Highland Pk & W~stena) ~ ~
Prepared By Larry Re~chhart
1
ENCLOSURE1
NORTH
ZONING MAP
RR-01 0002 SE Corner Highland Pk & Wisteria) III ~ ~
Prepared By Larry Relohhart
2
INTERIM ORDINANCE RELIEF APPLICATION FORM Da~e/~'.-/¢,~",2~
APPLICATION FOR. RELIEF FROM: Rcslaentlal Intenm Ordinance
Protect Name
E xl~ tin§ Com~,rehens~,ve l~,an Designation ~ ~,{',~lk~, ~ 0 ~
GrossAcres [G[. G ~C,d.~.~ SEE ATTACHED RELIEF PROCEDURES
APPLICANT INFORMATION
Address ' [ ~ Tel
Gty State ZIP Emad
SIGNATURE OF PROPERTY OWNER OR APPLICANT For Departmental Use Only
Prm, orTypeName (~"X,~C)-O-<'4~ ~"- ~'~'~'~ ''
Subscribed and sworn before me this
APPLICATION DEADLINE IS MONDAY AT 10 00, -',I
Any ~ apphes only to the Non-Residential Interim Ordinance All other text apphes to both Residential and
Non-Residential Interim Ordinances
Apphcation Requirements The apphcam maypet,tion the City Councd..for ,reh~ fromm thes, e mtenm develoPm, ent regulatl~,ns
requesting such rebel m writing The request for relief shall be considered byme ~.a .ty Idounctl m con!unction wim action on me
.oro!ect plan and development a.ophcation.
The City Councd shall not relieve the apphcant from these requirements, unless the applicant first presents credible evidence from
which the City Couacd can reasonably conclude that the unposiuon of the residential density lmutauons, non-residenual standards or
other development standards depnves the applicant.of a vested property nght or depnves the applicant of the econormcallyviable
use of their land
The applicant Is requested to submit sufficient mformation addressing the following cntena The applicant will also be
respomlble in making their case before C~ty Council
In deciding whether to grant relief to the applicant, the City Council shall take into the consideration the follovang
cont ed, these aevelovmentre o ,' e a senee o, to me tys
that unplement the provmons of the comprehensnre plan, jeopar&zes me ~tys ~est interests m preventing suc ,
The smtabd~ty of the proposed residential or non-residential uses m hght of land uses allowed m the z°nmg dtsmcts °n pr°perq
adjacent to the proposed site,
[] The impact of the proposed residential or non restdenual nse on the transportation and other pubhc facthues systems affected b)
the developrnem,
UI The measures proposed to be taken bythe apphcant to prevent negauve unpacts of the proposed use °n the neighb°rh°°d'
[] The hkekhood that sufficiem rebel wdl be proPPed to the apphcant following adoption of the Gty's Developmem Code,
[-I The total expenchturas made m connecraon w~th the proposed residenual or non-residenual development m rehance on prior
regolauons, ugludmg the costs of installing infrastructure to serve the project,
I'~ Any fees reasonably pa:d m cormecraon with the proposed nsc,
f-I Any representatiom made by the city conaernmg the project and reasonably rehed upon to the demment °f the apphcant
The City Councd maytake the following actions
(a) denythe relief request~
grant the relief request, or
~ grant the relief request subject to condsttons consistent vath the cntena set forth m the mtenm development regulauons
Any rebel granted by the city Counctl shall be the mmmaum dev~araon from ordinance requirements necessary to prevent depnvaunn
of a veste~~ /'// ~
the
/----- C/ c/..O.L../'
PILINT or TYPE NAME
/
AGENDA INFORMATION SHEET
AGENDA DATE. June $,2001
DEPARTMENT Planning & Development Department
/
CM/DCM/ACM. Dave Hffi, 349-8314 ~
SUBJECT
Constder and take action on a request for relief from the Restdentlal Interim Zomng Regulations,
Ordtnance 2000-046 for approximately 110 acres located east of the 1-35W and Ponder interchange
The property is m a Planned Development (PD-139) zomng dtstnct The expansion of a single-family
subdtvlston is proposed (RR-01-0003, The Vintage)
BACKGROUND
An apphcatlon for request for relief from the Resldenttal Interim Regulations has been received (see
Attachment 1) Background tnformatlon regarding the current status of this case ns provtded tn
Attachment 2
Ordinance 2000-046, known as the Residential Interim Regulations, was adopted by City Council on
February 1st, 2000 This ordinance contmns standards with which resldenttal development projects
must comply until the Code Rewrite project is completed and permanent standards are adopted
Ordinances 2000-046 also contatns a separate section that allows applicants to request rehef from the
interim regulations, including evaluation criteria to be used by Council
Sectton F Rehef Procedures
1 The appheant may petttton the City Coancll for relief from these interim
development regulattons by requesttng such rehef tn wrlttng
2 The City Council shall not relieve the apphcant from the requirements of this
ordinance, unless the apphcant first presents credible evidence from which the City
Councd can reasonably conclude that the tmposttlon of the restdenttal denstty
hmttatlons or other development standards deprives the apphcant of a vested property
right or deprives the applicant of the economically vtable use of his land
3 In decldmg whether to grant relief to the apphcant, the City Council shall take
mto consideration the following
(a) whether granting relief from the residential density hmttatlons or other
development standards contained in these interim development regulations, tn
the absence of permanent revisions to the City's Land Development Code that
implement the provlstons of the comprehensive plan jeopardizes the C~ty's
best interests in preventing such effects,
(b) the smtabdtty of the proposed residential uses ~n hght of land uses
allowed in the zoning districts on property adjacent to the proposed site,
(c) the tmpact of the proposed residential use on the transportation and
other pubhc facthttes systems affected by the development,
(d) the measures proposed to be taken by the applicant to prevent negative
tmpacts of the proposed use on the neighborhood,
1
(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 m rehance on prior regulations, including the costs of lnstalhng
infrastructure to serve the project,
(g) any fees reasonably paid tn connection with the proposed use,
(h) any representations made by the City concerning the project and
reasonably rehed upon to the detriment of the applicant
4 The Cxty Council may take the following actions
(a) deny the rehef request,
(b) grant the rehefrequest, or
(c) grant the rehef request subject to conditions consistent with the criteria
set forth in this section
5 Any relief granted by the City Council shall be the mlmmum deviation from
ordinance requirements necessary to prevent deprivation of a vested property right
OPTIONS
Council may either
1 Deny the request for rehef, or
2 Grant the request for relief, or
3 Grant the request for rehef, subject to condmons consastent with the evaluataon criteria set
forth an the ordinance (and referenced above)
RECOMMI~NDATION
Staff recommends that the demsmn of whether or not to grant the requests for rehef should be based on
the merits of each mdavadual apphcat~on
ESTIMATED PROJECT SCHEDULE
Review schedules are dascussed m the attachments
PRIOR ACTION/REVIEW
One petmon was rewewed on February 20, 2001
1 Oaks ofMontecato - approved
One petmon was revaewed on November 28, 2000
2 Good Samaritan Village - approved
One petition was rewewed on September 26, 2000
3 Longndge Estates - approved
One petition was remewed on August 15, 2000
4 Bellatre North Addmon - approved
One petmon was rewewed on May 2, 2000
2
1 Doyle Addmon - approved
Two petlt~ons were rewewed on April 18, 2000
1 Evers Park- approved
2 Summit Oaks Addition, Phase II - approved
Five petitions were rewewed on April 4, 2000
1 Lakewew Ranch- approved
2 Audra Oaks - approved
3 Robmson Oaks - demed
4 Belle Bryan Apartments - approved
$ Behmng Place- approved
Two petmons were rewewed on March 7, 2000
6 Shadow Brook Place - approved
7 Beverly Park Estates - approved
One petmon was rewewed on February 15, 2000
1 Golden Triangle Joint Venture (Z-99-096) - approved
FISCAL INFORMATION
The petitions are being processed and brought to Council usmg existing staff resources
ATTACHMENTS
1 Staff report
Respectfully submitted
Douglas S Powell, AICP
D~rector of Planmng and Development
3
Attachment 1
WAIVER REQUEST-
THE VINTAGE (RR-Ot-O003)
STAFF REPORT
BACKGROUND.
Request Rehef from the Residential Interim Regulabons (Ordinance No
00-046) to proceed w~th an amendment to the Concept and
Detailed Plan for the V~ntage Add~bonal s~ngle-fam~ly homes
are proposed
Location Generally located between Bonme Brae Road and Interstate
35W at FM 2449 (Ponder Road)
Zomng PD-139
Acreage 110 ± acres
Platting A portion of the property ~s platted
Comp Plan Consistency The Comprehensive Plan ~dentlfles th~s property to be w~th~n the
"Neighborhood Centers" D~stnct These areas may develop ~n
conventional patterns or may be developed ~n a pattern of
'neighborhood centers' S~ngle-fam~ly development ~s consistent
w~th the ~ntent of the Comprehensive Plan
CONCLUSION.
Additional Approvals Without Relief With Relief
Zoning Plan Not Required
Project Plan Not Required
Amend the Concept Plan
Amend the Detailed Plan
Prehm~nary Plat
F~nal Plat
Building Permits
ENCLOSURES
1 Zomng Map
2 Application
RR 01 0003 (The Vintage)
Prepared By Larry Relchhart
ENCLOSURE1
ZONING MAP
RR 01-0003 (The Vintage)
Prepared By Larry Relchhart
5
INTERIM OILDINANCE RELIEF APPLICATION FORM Date ~/~--~-
APPLICATION FOR RF. IIRF FROM: Residential Interim Ordinance
Ex~stmg Use ~ ~d ~ .= Propo~ Use: ~
ExlstingComp[ehe~tvePl~Desigaado~ ~~ ~~
Exlstmg Zomn~ ~]~ Prop~ Zomng ~
S~ A~ACHED ~EF PROCED~
Gross A~r~:~
Apphcant '~1~~"~ ~'~ Company_ ~~ ~
Addr~ Tel: F~
CtW State~ Z~. Emad
SIGNA~ OF PROPEK~ O~R OR APPLIC~ . For Departmental U~e Qnly
~aer ohu~on~uon reqmre~ ~ Slg~ture 1s otn~ ~ prop~ ~ C~e M~gee
Subscnbed and sworn before me thls
~te Subm~tte&.
HAY-~-L~80! 16 21 F'FK]M.¢A$~f'AI.AHO'CRA 8i~54805~? T0~948~497707 P.0027003
Mayor~and City Counod
City oF D~nton
215 EaSt McKmney
Den~oa, T~s 76201 .,
~, ~m ~dm~ce ~lt~R~es% PD 139 ~c Vintage
Dear May~ ~d ~ Co. cd
W~ ~ h~by ~ucs~ng rehef ~m ~e single family m~m d~siW r~r~ent,
of the ~dm D~wlopm~t Re. aeons in Chapt~ 34 ~d 35 of the ~de of Ora~auces
of ~e C~ of Dento& T~
~o sprat of~e ~tenm D~elopment ~lauons as to fos~ q~bty single fa~ly
devel~m~t m ~e City olD.ton ~r ~a for ~h~fis consistent w~ ~at spm~
PD 139 is a m~xcd mo dovel~m~t conmnmg ov~ 400 ~res We ~ r~u~sung thai
~ ~onal 6,587 ~s be ~nad f~ remdential me As a m~lt ~a dm~ge ~dy
pe~m~ed by o~ c~Itmg ~n~or~y&olo~st~.~ of th~ ~ge can be t~clauned
~om th~ flood pla~, and when co~d wi~ ~c adjac~t 69 984 ~ ~eld
appro~atoly 280 IoLs ~I~ is ~ m~e of35 lo~ ~m the 255 lo~ p~ously
a~ro~d,
Wa~n ~ho ~n~t and D~tml Plan ~ntly appmwd by ~e C~, we havc a~ to
d~lci~ a school s~te ~ we]l as mo~ parkland th~ l. qmr~ by CiW or&n~c~
We hope ~at w~th ~ose ~ c~d~ce of our comm~nt to q~h~ dmvelopmem in
D~n~n, the CtW Couc~ wilt s~ fit ~ ~nt o~ ~u~t f~ ~h~f,
~ you for ~r consid~aion offs ~
I¢lat~ag~r
Denton CJW Partners, Ltd.
7
HRY-~-~001 16 ~l FROM,CRS~Y~RLRHO~cRR 8175480~7 T~40~49?Ta? P.O~3 003
Any~~pphcson~yro~hrNon.l~.gsldcnu~tln~cr~mOrd~n~ncc A~ o£her ~cxc aPPhcs r° b°ch* R*cdd~n ~] a~'~
requiting such reh~[m writing ~he ~uest tot r~)l~ snm, ~= ~ · ~ - - - -
prq]c~l~n ~n8 ~lopmcn~
~hee development ~nda~s depnv~ dm ippl~t of a vcst~a pro~ ngnt or a~ p~ -
~c of their
The apphcant ~s ~u~te~to ~hmlC suffi~ent information addrcsslng the following crltcrt~ The a~h~nt will ~so be
r~on~tb~c m m~ing thutr ~e befo~ C~ty Counm~
h aedamg wh~er ~ g~nt ~lie[ lO the apph~nc, xhe G~ty ~cll sha~ t~ke moo ~e ~,dem~on the fo]lo~
n~n
chaz tmpIcmen~ the provl~toos ot the ~mpre~e~ve plan, j=.~,-,~.
~ The ~mp~ o~ pm~a ~dcnu~ or non ~dcnu~ ~ on the ~c~ ~a ot~ Pubhc [~c~m~ s~ ~ ~
~c
~ ~e meaa~ p~posea to be ~cn by the apphcmc to Prevent neg~xve ~mp~ of the P~p°~cd use °n ~ u~fl'°~
~ ~eh~l[ho~ts~c~t~laf~ll~p~dedtothe~pph~nt~llowmg~opcmnoft~'sD~&°~'
~ Tbeto~le~endkv~sm~m~ne~lo~l~epr°p°sedr~t~cnu~°ruOn~ent~cl°pment~n~l~n~pn°r
rc~toas,~ncludmg ~he ~scs o~ :nsc~l~ng mf~tu~ ~o se~e r~e
~ A~y fees ~onably ~g m ~nneczlon with t~ ~z~ ~c, -
~ Anyrepmsen~atlo~made~ycl~eC~con~mtngt~epr°Ject~O~rc~Onab]~e~u~nt°thcdc[nmcn~Of~t
(a) deny ~he
gr~ the r~lt8 r~ues~, or ' ' - t ' devel~m~t r,~auons
~uy mhefg~c~ ~e Ci~ ~c~ s~l ~ ~he mlmm~ de--on ~m o~ re~m~m
of ~ ve~Mp mpe~
SI~NA~ ccn,~at~cse regulatlo~ have been read ~n8 unge~to~ by the
8
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2001
DEPARTMENT' Planmng & Development ~epartment
CM/DCM/ACM. Dave Hill, 349-8314 .~
SUBJECT
Consider and take action on a request for relief from the Non-Resldentml Interim Zoning RegulaUons,
Ordinance 2000-069 for approximately 1 7 acres s~te located at 2400 E Umvers~ty Drive The
property is m a Planned Development (PD-14) zomng d~stnct A snack bar/restaurant is proposed
(RN-01-0004, 2400 E Umvemty Snack Bar)
BACKGROUND
Ordinance 2000-069, known as the Nonresidential Interim Regulations, was adopted by C~ty Councd
on March 2nd, 2000 This ordinance contmns standards w~th which nonres~dentml development
projects must comply untd the Code Rewnte project ~s completed and permanent standards are
adopted Or~hnance 2000-069 also contoans a separate section that allows applicants to request rehef
from the lntenm regulations, mcludang evaluaUon criteria to be used by Council
5 Relief reauests
a The apphcant may petition the City Cotmcd for rehef from these Interim development
regulations by requesting such rehef m writing The request for rehef shall be considered by the
City Council in conjunction w~th action on the project plan and development apphcatlon
b The City Council shall not relieve the applicant from the reqmrements of th~s ordmance, unless
the apphcant first presents credible evidence from which the City Council can reasonably
conclude that the unposmon of the nonresidential development standards deprives the apphcant
of a vested property right or deprives the applicant of the econonucally wable use of his land
c In demdmg whether to grant rehef to the applicant, the C~ty Councd shall take mto consideration
the following
(I) whether granting relief from the nourestdentml standards contamed in these interim
development regulations, m the absence of permanent revisions to the City's Land
Development Code that unplement the prowstons of the comprehenswe plan
jeopardizes the City's best mterests m preventing such effects,
(2) the smtabdlty of the proposed no~res~dentml uses m hght of land uses allowed m the
zoning thstncts on property adjacent to the proposed s~te,
(3) the unpact of the proposed nonresidential use on the transportation and other pubhc
faclht~es systems affected by the development,
(4) the measures proposed to be taken by the apphcant to prevent negative unpacts of the
proposed use on the surrounding propemes,
(5) the hkehhood that sufficient rehef will be prowded to the applicant followmg adoption
of the C~ty's Development Code,
1
(6) the total expenditures made ~n connection vath the proposed nonresxdemtal
development tn reliance on prior regulations, including the costs of installing
infrastructure to serve the project,
(7) any fees reasonably paid m connection w~th the proposed use, and
(8) any representations made by the C~ty concerning the project and reasonably rehed upon
to the detriment of the applmant
d The City Council may take the follovang actions
(1) dany the rehef request,
(2) grant the relief request, or
(3) grant the relief request subject to condmons consistent wath the criteria set forth in tlus
section
6 Minimum relief
Any relief granted by the City Council shall be the minimum deviation from ordinance requirements
necessary to prevent depnvanon ora vested properly 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 m the ordinance (and referenced above)
RECOMMENDATION
Staff recommands that the decision of whether or not to grant the requests for rehef should be based on
the merits of, each individual application
ESTIMATI~D PROJECT SCHEDULE
Review schedules are discussed in the attachments
PRIOR ACTION/REVIEW
One petition lwas reviewed on April 17, 2001
1 Spencer Road Addition- approved
One petltlonlwas reviewed on March 3, 2001
2 1808 N Elm - approved
One petition,was reviewed on February 20, 2001
3 Social Security office - approved
One petltlon'was reviewed on October 17, 2000
2
1 Peterbmlt parking lot - approved
One petition was rewewed on September 15, 2000
1 Bonme Brae Medical Office - approved
One pehtlon was reviewed on June 6, 2000
1 CBS Mechanical - approved
One petition was reviewed on May 2, 2000
1 Momson Milling- approved
Two petitions were reviewed on April 18, 2000
1 1013 Shady Oaks- approved
2 Vmtona Square Phase II - approved
Three petlUons were rewewed on Apnl 4, 2000
1 Wildwood Inn - approved
2 Cellular One- approved
3 Payne self-storage- demed
Three peUt~ons were rewewed on March 21, 2000
1 1508 N Elm (Z-99-083) - approved
2 1513 N Locust (Z-99-084) - approved
3 RNW Addition (Z-00-003) - approved
In add~tmn, an add~Uonal 18 staff ~mtlated petitions were granted rehef on March 21, 2000
One peUtlon was reviewed on March 2, 2000
1 I~erestlne property- approved with conditions
FISCAL INFORMATION
The petitions are being processed and brought to Councd using exlshng staff resources Several of the
pet~Uons clmm financml harm, an ~ssue that may be evaluated by Counml
1 Staffrep0rt
Respectfully submitted
Douglas S Powell, AICP
Director of Planmng and Development
3
Attachment
WAIVER REQUEST -
24001E. UNIVERSITY (RN-01-0004)
STAFF REPORT
BACKGROUND.
Request Relief from the Non-Resldenbal Interim Regulations (Ordinance
No 00-069) to rezone to a Commercial (C) zomng d~str~ct
Location 2400 East Umvers~ty (south s~de of Umvers~ty between Old
North and Nottingham)
Zoning PD-14 (use ~s restricted to the operation of a drive-in grocery)
Acreage 0 63 + acres
Platting The property ~s not platted
Comp Plan Consistency The subject site ~s located ~n the Existing Ne~ghborhoods/Inflll
Compatlb~hty d~str~ct New development in this dlstr~ct should
respond to ex,sting development with compatible land uses,
patterns and design standards Staff finds the development
consistent w~th the ~ntent of the Comprehensive Plan
CONCLUSION
Addit, onal Approvals W,thout Rel,ef W,th Rel,ef
Zomng Plan Not Required
Project Plan Not Required
Re-zoning *
Prel~rmnary Plat
F~nal Plat
Building Permits
· Re zoning refers to the zoning process used prior to the Interim regulations
ENCLOSURES
1 Zomng Map
2 Apphcat~on
RN 01 0004 (2400 E University) ~1~ ~
Prepared By Larry Re~chhart
4
ENCLOSURE1
A
NORTH
NO SCALE
ZONING MAP
RN 01 0004 (2400 E University)
Prepared By Larry Relchhart
INTERIM ORDINANCE RELIEF APPLICATION FORM
APPLICATION FOB, RELIEF FKOM' Non-Re$idcntlal Interim O~mance
Ex~stmg Compreh~va~ve Plan De$1gnauon
Ex~bng Zoning ~ Proposed Zomng ~
Gross Acres SEE ATTACHED RELIEF PROCEDURES
APPLICANT INFORMATION
SIGNA~ OF PROPER~ O~R OR ~PH~ For D~a~mental U~e Only
To~(s) .
} ~ dayof 2~ ~ ......... ~ ~ ~c~,~t No
~-~ CHRISW O HESS '
',[ f4~tx~, ~ NOTARY p'jLIC ' Date Sub~ed
/
~Pu~c , ~ ..... ' ' ~= ~,~ ~/~
~PLI~TION DZ~LI~ I8 MO~AY AT 10 00 ~ /
6
Any undefllned te~t ap. phes o.nly to the Non. Residential Interim Ordinance All other text applies to both Reslden~ual and
Non-Residenual interim Ordinances
Apphcat~on B. equjrements The apphcant may'petition the Caty Councd for rebel from these interim development regulauo.ns by
requestm~ such rebel m writing The reouest for rebel shall be ~nn~,,4~red bv the Catv C~uncd m comuncuon xwth acuon on me
om~ect o~'an and develooment aoohcauo'n. ' '
The ary Councd shall not reheve the apphcam from these reqmremenCs, unless the apphcant fLrst presents cre&ble evidence from
wNch the G~y Counc,1 can reasonably conclude that the unpusmon of the residenua~ density hrmtauous, non-resident~ standards or
other development standazds deprives the apphcant~f a vested property nght or depnves the apphcant of the econonucaily viable
use of thew land
The applicant is requested to submit sufficient information addressing the follovong criteria The apphcant v~ also be
responsible in malang their case before City Council
In deodmg whether to grant rebel to the apphcant, the Qty Councd sh~ take mto the cons~derauon the following
[-I Whether granting rehef from the restdenml demzty lmutauous, non residenua] standards or other developm, ent st,andards
contained m these mtenm development regulauon, m the absence of permanent revmous to the G~s Land De, vel~pment Cooke
that unplemem the prov~smns of the comprehensive plan, leopa~zes the Oty's best mterests m preventing sucn enects,
I-I The smtab~hty of the proposed resident~ or non~res~dennal uses m hght of la~d uses allowed m the zoning d~smcts on ProPers/
adjacent to the proposed site,
ViThe u~pact or,the proposed res~denu~l or non res~denual use on the transpor~auon and other pubhc fac'l'ues systems affected bY
the development,
I-I The measures proposed ~o be taken by the apphcant to prevent negauve ~mpacts of the propused~e ~on the neghbothood,
VI The tot~l expenditures made m counecuon wth the proposed resxdentia] or non-resxdent~al development m rehance °n Pn°r
regulaaons, mdudmg the costs of mstalhng infrastructure to serve the pro3ect,
VI Any fees reasonably p.'ud m connecaon wth the proposed use,
VI Any representauons made by the G~y concerrang the pro3ect and reasonably rehed uP°n t° the demment °f the apphcant
The Ca~y G~uncd may take the following acuous
~ deny the rehe~ request,
grant the rebel request, or
(c) grant the rebel request subject to con&uons cons~tent wth the cntena set forth m the interim development r%~lauous
Any rebel granted by the Caty Counctl sh~ be the mmamtm deviation from ordinance reqmrements necessaryto prevent depnvauon
of a vested property right
SIGNATURE cerufymg that these regulanous have been read and understood bythe apphcant
DATE
PRINT or TYPE NAME
AGENDA DATE June 5, 2001
DEPARTMENT Planning & Development D/epartment
CM/DCM/ACM: Dave Hill, 349-8314
SUBJECT
Consider and take action on a request for relief from the Non-Residential Interim Zomng Regulations,
Ordinance 2000-069 for approximately 2 0 acres located north of Umvers~ty Drive between Old North
and Nottingham The property is in an Agricultural (A) zomng d~stnct A Somc Drive-in restaurant is
proposed (RN-01-0005, Somc Drive-in)
BACKGROUND
Ordinance 2000-069, known as the Nonresidential Interim Regulations, was adopted by C~ty Council
on March 2nd, 2000 This ordinance contmns standards with which nonresidential development
projects must comply tmtd the Code Rewrite project ~s completed and permanent standards are
adopted Ordinance 2000-069 also contmns a separate section that allows apphcants to request relief
from the mtenm regulations, including evaluation criteria to be used by Councd
5 Relief reauests
a The apphcant may petition the City Council for relief fi.om these ~nterun development
regulations by requesting such rehef m wr~tmg The request for rehef shall be considered by the
C~ty Counml m conjunctmn with action on the project plan and development apphcat~on
b The City Council shall not relieve the apphcant from the reqmrements of this nrdmance, unless
the applicant first presents crethble evidence from which the C~ty Council can reasonably
conclude that the lmpos~t~on of the nonresidential development standards deprives the applicant
of a vested property right or deprives the apphcant of the econonucally wable use of his land
c In dee~dmg whether to grant rehefto the apphcant, the C~ty Council shall take into consideration
the following
(1) whether granting rehef fi.om the nonresidential standards contained m these interim
development regulations, in the absence of permanent revisions to the C~ty's Land
Development Code that implement the provisions of the comprehensive plan
jeopardizes the City's best interests m preventing such effects,
(2) the sultabthty of the proposed nonrestdeanal uses ~n hght of land uses allowed ~n the
zomng districts on property adjacent to the proposed s~te,
(3) the unpact of the proposed nonres~dentml use on the transportatren and other pubhc
factht~es systems affected by the development,
(4) the measures proposed to be taken by the apphcant to prevent negative impacts of the
proposed use on the surrounding properties,
(5) the hkelthood that sufficient relief wall be prowded to the apphcant following adoptmn
of the C~ty's Development Code,
1
(6) the total expendttures made ~n connection wtth the proposed nonres~dentml
development m rehance on prior regulattons, including the costs of mstalhng
infrastructure to serve the project,
(7) any fees reasonably prod m connectaon w~th the proposed use, and
(8) any representatmns made by the C~ty concerning the project and reasonably rehed upon
to the demment oftha apphcant
d The C~ty Council may take the following actmns
(1) deny the rehef request,
(2) grant the relief request, or
(3) grant the rehef request subject to conditions consistent voth the cratena set forth in this
6 Minimum relief
Any rehef granted by the City Cotmcfl shall be the mmmaum dewat~on from ordinance reqmrements
necessary to prevent depnvatmn of a vested property right
OPTIONS
Council may gather
1 Deny the request for relief, or
2 Grant the request for relief, or
3 Grant the request for rehef, subject to con&taons consastent with the evaluataon criteria set
forth an the orchnance (and referenced above)
RECOMMI~NDATION
Staff recomn~ends that the demsaon of whether or not to grant the requests for rehef should be based on
the merits of each andavadual apphcatlon
ESTIMATED PROJECT SCHEDULE
Revaew schedules are dascussed an the attachments
PRIOR ACTION/REVIEW
One pet~taon was revaewed on April 17, 2001
1 Spencer Road Addltaon- approved
One petltaon was revaewed on March 3, 2001
2 1808 N Elm - approved
One petltaon was revaewed on February 20, 2001
3 Socml Security office - approved
One petltaon was revaewed on October 17, 2000
2
1 Poterbmlt parking lot - approved
One petition was reviewed on September 15, 2000
1 Bonnie Brae Medical Office - approved
One pehtlon was rewewed on June 6, 2000
1 CBS Mechamcal- approved
One pehtlon was rewewed on May 2, 2000
1 Momson Mdhng - approved
Two pet~tmns were reviewed on April 18, 2000
1 1013 Shady Oaks - approved
2 Victoria Square Phase II - approved
Three petlt~ons were rewewed on April 4, 2000
1 Wildwood Inn- approved
2 Cellular One- approved
3 Pa)me self-storage - demed
Three petitions were rewewed on March 21, 2000
1 1508 N Elm (Z-99-083) - approved
2 1513 N Locust (Z-99-084) - approved
3 RNW Addition (Z-00-003) - approved
In add~tmn, an adcht~onal 18 staff ~mtmted petitions were granted rehef on March 21, 2000
One petition was rewewed on March 2, 2000
1 Kerestme property- approved w~th cond~tmns
FISCAL INFORMATION
The pehtlons are being processed and brought to Councd using ex~stlng staffresources Several of the
petitions clmm financml harm, an ~ssue that may be evaluated by Councd
ATTACHI~ENTS
1 Staff report
Respectfully subnntted
Douglas S Powell, AICP
Director of Plarmlng and Development
3
Attachment 1
WAIVER REQUEST-
SONIC (RN-01-0005)
STAFF REPORT
BACKGROUND.
Request Rehef from the Non-Residential Interim Regulations (Ordinance
No 00-069) to rezone to a Commercial (C) zoning d~str~ct
Location North s~de of Umvers~ty between Old North and Notbngham
(See enclosure 1)
Zomng Mulbple-Fam;ly Dwelling D~str~ct 1 (MF-1)
Acreage 2 0 + acres
Platting The property is not platted
Comp Plan Consistency The subject s~te ~s located m the Ex~st~ng Ne~ghborhoods/Inflll
Compatibility d~str~ct New development ~n th~s d~strlct should
respond to ex;st;ng development w~th compatible land uses,
patterns and design standards Staff finds the development
;ncons~stent with the ~ntent of the Comprehensive Plan
CONCLUSION.
Additional Approvals Without Rehef With Rehef
Zomng Plan Not Required
ProJect Plan Not Required
Re-zoning *
Prehm~nary Plat
Final Plat
i Building Permits
· Re zoning refers to the zoning process used prior to the ~nter~m regulations
ENCLOSURES
1 Zoning Map
2 Apphcabon
RN 01 0005 (Sonic)
Prepared By Larry Re~chhart
ENCLOSURE1
. 2F I
SF-7
GF
NORTH
ZONING MAP
RN 01 0005 (Sonic)
Prepared By Larry Relchhart
INTERIM ORDINANCE RELIEF APPLICATION FORM
D~ta
APPLICATION FOR RELIEF FROM'~'Restdcntial Integra Ordinance
P£olect N~'ne Sonic Drive-In
Project Address (Loc~t~on) UlllverstW Dnve betweerl Old North and Nottingham
Existing Use Vacant . Proposed Use Restaurant
Existing Comprehensive Plan Deslgna~on Neighborhood Inflll compauble
Existing Zoning' MN-1 Proposed Zoning C ( c )
Gross Acres 2 0 SEE AT~ACHED RELIEF PROCEDURES
APPLICANT I[NFO~TION
Apphcant; Allen IL Bussell Company SEIqT Co~p
Address 1621 Amanda Ct Tel (940) 482-2906 Fax (940) 482-0009
Ctty Ponder State TX ZIP 76259 Emad abussell~sentcorp corn
Property Owner Gerald Brooks c/o Crag Iman Company
Address 525 South Carroll Blvd Tel (940) 566-0082 Fax (940) 565-9990
C~ty Denton State TX ZIP 76201 Emad
Sontacu Allen Bussell Company SENTCorp
Address See above Tel Fax
City State ZIP Em~
SIGNATURE OF PROPERTY O~qE~ APPLICANT For Departmental Use Only
SIGNATLVRE .~'Z,~'.~= ~ ~/~
(Lette~£s.thoflzsUor~eq~a~ffs~gnamre~othe~tlunprope~:Y°wneO Cas. Man,~r ~.,0-(Cu-~tC~I~ ~
%
6
Any ~ applie~ only to the Non-Residential Intertm Ordinance AH other text apphes to both Residenual and
Non-Realdential Interim Ordinances
Apphcation Requiremems The apphcant may petition the City Council for relief from these mtenm development regulations by
requesting such rebel m writing The request for relief shall be considered by the Cl.ty Councd m con!uncaon with action on the
pro!ect plan and development a.ophcation.
The City Councd shall not relieve the applicant from these requirements, unless the apphcant first presents credible evidence from
which the Ctty Councd can reasonably conclude that the lmposmon of the remdentml density hrmtations, non-residential standards or
other development standards deprives the applicant of a vested property right or deprives the apphcant of the economically viable
use of their land
The apphcant is requested w submit suffictent reformation addressing the following criteria The apphcant will also be
responsible In making their case before City Colfnctl
In deciding whether to grant rebel to the apphcant, the City Councd shall take into the consideration the follovnng'
I-I Whethar geantmg relief from the residential denssty hrmtations, non-residential standards or othar development standards
contained m these interim development regulation, m the absence of permanent revisions to the Clys Land Development Code
that implement the provisions of the comprehensive plan, leopar&zes the C~ty's best interests m preventing such effects,
F1 The smtabflity of the proposed residential or non-resident~al uses m light of land uses allowed m the zoning dismcts on property
adlacent to the proposed site,
FI The mapact of the proposed residential or non residential use on the mmsportation and other pubhc facthties systems affected bY
the development;
FI The measures proposed to be laken by the apphcant to prevent negauve impacts of the proposed use on the nelghbothood,
FI The hkekhood that sufficient rebel wll be prowded to the apphcant following adoption of the City's Development Code,
FI The total expenditures made m connection with the proposed residential or non-residential development m rehance on prior
regulations, including the costs of installing infrastructure to serve the project,
FI Any fees reasonably paid m connection with the proposed use,
FI Any representations made by the Ctty concerning the prolect and reasonably rehed upon t° the demment °f the apphcant
The City Councd may take the following actions
(a) deny the rehef request,
(b) grant the rehefrequest; or
(c) grant the relief request sublect to conditions consmtent'anth the enterta set f°rth in the interim devel°pment regulati°ns
Any rebel granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation
of a vested property right
SIGNATURE cemfymffat fl~regulations have been read and understood by the apphcant
PRINT or TYPE NAM~
TO~ P 01
Surveyors & Engineers
of North Texas, Inc.
1621 Amanda Court
Ponder, Texas 76259
Ph (940) 482 2906
FAX (840) 482-0008
Toll-Free (877) 481-SENT
www sentcorp c. om
· Tuesday, May 15, 2001
Hen Euhae Bro~k
Mayor, Ctty of Denton
Denton Ctty Counml
Denton, Texas 76201
Re Reheffrom Interim 0rdmance - Some Restaurant
Mayor and Csty Council members,
We respectfully request a rehefffom the interim ordinance for a 2-acre tract located on US 380FUmversity Drive
bctween NottLn~ham and Old North Road The tract ts loceted on the North stde ofUnlverslty Dnve Thisareats
curranfly zoned Multi-family
· The zomng requested m this request should not jeopar&ze the Ctty's best interests
· The site ss suttable for this use
· The unpact of due use on the area should be mmmud, as tt accesses a Major Artenel directly
· Measures proposed to be taken to help prevent neF, ative impacts to the ne~F~hborhood
o Use of interim ordinance buffonng devices and &stances asamst the vacant land surrounding the
property
· Beoause of the delay of approval for the Denton Development Code, rebel ts not likely to occur
· With the exc~eption of time mentml~ with staff, no expendttures have been made m conjunction wth this
development
· No fees have been psid
· No,detrimental representations have been made by Ctty staffabout this property
SENTCorp ~
9
AGENDA INFORMATION SHEET
AGENDA DATE June $, 2001
DEPARTMENT. Fiscal and Mumclpal Services
ACM: Kathy DuBose, Assistant City Manager, Fiscal and Municipal Servlces'~
SUBJECT
Consider a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1
District, and declanng an effective date
BACKGROUND
The Danco Area 9-1-1 District, created in 1987, is governed by a board of managers The
board xs appointed by the county, participating cities and the Denton County Fire Ctuefs
Association Board members serve staggered two-year terms and are eligible for
reappmntment The Emergency Telephone Number Act states
"the board shall manage, control and administer the dtstrwt The board
may adopt rules for the operation of the &strtct"
On May 15, 2001 Denco Area 9-1-1 sent a letter (attached) requesting nominations to serve on
the Board of Managers Th~s year, the term of Mayor Olive Stephens, Town of Shady Shores,
expires on September 30, 2001 Mayor Stephens has expressed her desire to serve another term
if appointed
The current Board of Managers is comprised of the following lndlwduals
Board Member Represents
Chief Bruce Varner Denton County F~rc Chiefs Assocmtlon
Jack Miller Denton County Comm~ssmners Court
Mayor Ohve Stephens, Secretary Part~mpat~ng C~t~cs
Mr Harlan Jefferson, V~ce Chairman Parttmpatmg C~t~es
Mr Al Brown Denton County Commissioners Court
Mr Melton Wdhs GTE, Adwsory
ESTIMATED SCHEDULE OF PROJECT
Nominations are due to Denco by July 15, 2001 On July 16, 2001, the district will send copies
of nominations to each c~ty for consideration, requesting the city to vote for one of the
nominees The Denco Board of Managers will count the votes from the responding c~tles The
candidate w:th the most votes wall be the mumclpalmes' representative to the Denco Area 9-1-
1 Dmtnct Board of Managers for the two-year term beginning October 1, 2001
Agenda Information Sheet
June 5
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On June 20, 2000 the City Council approved a resolution to nominate, and on September 6,
2000 a resolutmn voting for Harlan Jefferson for reappolntment to the Board of Managers
FISCAL INFORMATION
Th~s resolutmn has no fiscal ~mpact
EXHIBITS
Letter and Resolution from Denco
Resolution
Respectfully submitted
Assistant C~ty Manager, F~scal and Mumc~pal Services
2
Po sox 293056, Lew,sv,,e, Texes 75029-3066 FltqANCE
Phone/'rTY 972-221-0911 · FAX 972-420-0709 · Webpage .... J .......
RECEIVED
TO Mayors of Cities In Denton County
r-~
MAY
1
0
2001
FROM Mike Ped~go, Executive Director
DATE May 15, 2001 CITY MANAGER'S OFFICE
RE Appointment to the Denco Area 9-1-1 D~stnct Board of Managers
Chapter 772, Texas Health and Safety Code, prowdes for the Denco Area 9-1-1 D~str~ct
Board of Managers to have "two members appointed jointly by all the participating
mumc~pahtles located ~n whole or part of the d~stnct' The enclosed resolution, approved
by the d~str~ct's board of managers February 4, 1999, explains the procedure for
appointing mumcipahtles' representative to the board of managers
Each year the term of one of the two members appointed by partic~patmg mun~c~paht[es
expires This year, the term of Mayor Olive Stephens expires September 30, 2001
Members are ehg~ble for consecutive terms, and Mayor Stephens has expressed her
desire to serve another term If appointed
In order to coordinate the appointment among 33 participating mun~c~paht~es, the d~str~ct
requests the following acbons by the govermng bodies of each c~ty
1 If your c~ty would hke to nominate a candidate to represent the
mumcipaht~es on the Denco Board of Managers, please send a letter of
nomination and/or r~sum~ of the candidate to the Denco Area 9-1-1
D~strict off~ce by July 15, 2001 No nominations shall be considered after
that t~me
2 On July 16th, the d~stnct w~ll send cop~es of nominations to each c~ty for
consideration, requesting the c~ty to vote for one of the nominees
3 The Denco Board of Managers w~ll count the votes from responding c~t~es
The candidate with the most votes w~ll be the mumcipahtles' representative
to the Denco Area 9-1-1 D~strlct Board of Managers for the two-year term
beg~nmng October 1, 2001
Please ma~l nominations and r~sum~s to the Denco Area 9-1-1 D~str~ct,
P O Box 293058, Lew~swlle, TX 75029-3058
If you have any questions, please do not hesitate to call me at 972-221-0911
Thank you for your support of the Denco Area 9-1-1 D~stnct
cc Denco Area 9-1-1 D~str~ct Board of Managers
H \Board of Managers\City No~lt~dlW~e~q3'~"Street, Lew~swlle, Texas 75067 3
DENCO AREA 9-'1-1 DISTRICT
RESOLUTION
DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING
MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS
WHEREAS, Chapter 772, Texas Health and Safety Code provides for the Denco Area 9-1-1 D~stnct
Board of Managers to have "two members appointed jointly by all the partlc~pat~ng mumclpal~tles
located m whole or part of the d~stnct ", and
WHEREAS, each member serves a term of two years begmmng on October l't of the year member ~s
appointed, and
WHEREAS, one member representing participating mun~c~pahbes ~s appointed each year
NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF
MANAGERS
The procedure for participating mumc~pahtles to appoint a reFresentat~ve to the Denco Area 9-1-1
D~str~ct Board of Managers shall be the fotlow~ng
1 Prior to May 15'h of each year, the executive d~rector shall send a written notice to the
mayor of each partlctpat~ng mumc=pal~ty adws~ng that nominations are open for one of the
mumc~pal representatives to the Denco Area 9-1-1 D~str~ct Board of Managers until July
15~h of that same year The not~ce shatl adwse the mayors that for a nomination to be
considered written notification of council action must be received at the Denco office
prior to 5 00 p m on July 15t" of that year No ncmmabons shall be considered after that
time
2. On July 16~" of each year, the executive d~rector shall send written not~ce to the mayor of
each participating mun~c~pahty prowdlng the slate of nominees to be considered for
appointment to the Denco Area 9-1-1 D~stnct Board of Managers for the term beginning
October 1s~ The notice shall adwse the mayor that the c~ty council shall vote by
resolution from such city, for one of the nominees Written notice of the council's
selection must be received at the d~stnct office by 5 00 p m on September 15~" No
not~ce w~[I be accepted after that brae
3 The one nominee with the most votes received by the deadline will be the mumc~pahty
representative appointed for the two-year term beginning October 1'~
4 If there ~s a tie between two candidates with the most votes a runoff elect~on w~ll be held
~mmed~atety w~th the candidate rece~wng the most. votes serving the remainder of the
term The recumbent representative shall serve m~that pos~t~o..rL, unt~l replaced
APPROVED and ADOPTED on this 4th day of Februar~999..~/~' /j/ f.) J.~
'~C~alrman, Board of Managers
Secretary, Board oPManagers
RESOLUTION NO
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE
DENCO AREA 9-1-1 DISTRICT, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the term of office of Mayor Ohve Stephens, a member of the Board of Managers
of the Denco 9-1-1 District, will expire on September 30, 2001, and
WH ~REAS, Section 772 306(c)(2) of the Health and Safety Code (V A C S ) prowdes that
two votan~ members of the Board of Managers of an Emergency Corrmaumcat~on D~stnct shall be
appomted omtly by partm~pat~ng mumc~pahtles located ~n whole or m part m the D~stnct, and
WH ~REAS, the C~ty of Denton, Texas w~shes to nominate a member to smd Board, NOW,
THEREF( ~RE,
THE CO[/NCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES
SEC TION 1 That the C~ty of Denton, Texas hereby nommates Mayor Ohve Stephens as a
member t¢ the Board of Managers for the Denco Area 9-1-1 Emergency Commumcat~on D~stnct of
Denton C( unty for a two year term to commence October 1, 2001
SE£ TION 2 That ttus resolution shall become effective nnmedmtely upon tts passage and
approval
P3 SSED AND APPROVED tins the day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFE ~ WALTERS, CITY SECRETARY
BY
APPROV ED AS TO LEGAL FORM
HERBERr L PROUTY, CITY ATTORNEY
I AGENDA INFORMATION SHEET late
AGENDA DATE' June 5, 2001
DEPARTMENT: City Manager's Office
CM Mike Conduff, City Manager
SUBJECT
Consider nominations and appointments to the City's Boards and Commissions
BACKGROUND
The following is a list of current Board/Commission vacancies/nominations
Council Member Fulton has a nomination to the Public Utilities Board
If you requare any further information, please let me know
Respectfully submitted
~/J~lf~er 'Wal~rs
~'~ty Secretary