HomeMy WebLinkAboutAugust 06, 2002 AgendaAgenda 02-024 08/06/02
AGENDA
CITY OF DENTON CITY COUNCIL
August 6, 2002
After determining that a quorum is present, the City Council will convene in a Work Session on
Tuesday, August 6, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E.
McKinney Street, Denton, Texas at which the following items will be considered:
Discuss and give staff direction on legislative resolutions conceming land use and
development, general government, taxation and finance to present to the TML Annual
Conference.
Requests for darification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of August 6, 2002.
Following the completion of the Work Session, the Council will convene in a Closed Meeting to
consider specific items when these items are listed below under the Closed Meeting section of
this agenda. When items for consideration are not listed under the Closed Meeting section of the
agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed
below for its regular or special called meeting. The City Council reserves the fight to adjoum
into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of
the Texas Government Code, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attomey- Under Tex. Gov't Code Section 551.071.
1. Discuss and consider potential litigation concerning the Federal
Communications Commission's ruling in FCC 02-77, GN Docket No. 00-
185, CS Docket No. 02-52 that ruled cable modem service was an
"information service" and not a "cable modem service" and discuss legal
issues conceming this administrative proceeding with the attomeys where
to discuss these matters in public would conflict with the duty of the City's
attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
Deliberations Regarding Certain Public Power Utilities: Competitive Matters ---
Under TEX. GOV'T. CODE Section 551.086.
Receive competitive electric and commercial information from one of the
City's Texas Municipal Power Agency ("TMPA") Board Members and/or
City Staff pertaining to certain matters respecting present and future
maintenance issues, financial issues, operational issues, legal and
compliance issues, and other related issues and strategies concerning the
City's interest in, and its business relationship with TMPA; and discuss,
deliberate, consider, and provide such TMPA Board Member and/or Staff
with direction regarding such matters.
Deliberations regarding personnel matters - Under TEXAS GOVERNMENT
CODE Section 551.074
City of Denton City Council Agenda
August 6, 2002
Page 2
Deliberate and discuss the appointment and the duties of public officers to
the Planning and Zoning Commission, Board of Adjustment, and any
other board or commission of the City of Denton, Texas exercising
discretionary powers as opposed to purely advisory powers.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF
THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CiTY COUNCIL
RESERVES THE RIGHT TO ADJOURN iNTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOV'T. CODE, §§551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON
ANY FI'EM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE
CLOSED MEETING ON THE CLOSED MEETING FI'EMS NOTED ABOVE, IN ACCORDANCE WITH THE
TEXAS OPEN MEETINGS ACT, INCLUDING, W1THOUT LIMITATION §§551.071-551.086 OF THE TEXAS
OPEN MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, August 6, 2002 at 6:30 p.m. in
the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible."
PROCLAMATIONS/PRESENTATIONS
Proclamations
A. Commute Solutions Month
B. Alfred F. Hurley Week
3. Recognition of staff accomplishments.
CITIZEN REPORTS
Carolyn Phillips regarding homeownership and preserving the African-American heritage
in southeast Denton.
5. Dessie Goodson regarding the City of Denton's Public Transportation funding sources.
6. Ross Melton regarding the lawsuit of Ross Melton vs. the City of Denton, Code
Enforcement, and the lawyers.
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
City of Denton City Council Agenda
August 6, 2002
Page 3
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda items 7-16). 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 7-16 below will be approved with one motion, if
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
Consider adoption of an ordinance authorizing the City Manager to execute change order
number nineteen to the contract between the City of Denton and TRI DAL LTD.;
providing for the expenditure of funds therefore; and providing an effective date (Bid
2625 - Downtown Improvements Project Change Order Nineteen in the amount of
$74,280).
Consider adoption of an ordinance authorizing the City Manager to execute change order
number two to the contract between the City of Denton and Tim Beatty Builders, Inc.;
providing for the expenditure of funds therefore; and providing an effective date (Bid
2749 - New Central Fire Station Change Order Two in the amount of $68,286).
Consider adoption of an ordinance accepting competitive bids and awarding a public
works contract for the construction of the North Lakes Park Playground Improvements;
providing for the expenditure of funds therefore; and providing an effective date (Bid
2865 - North Lakes Park Playground improvements awarded to Simmons Builders, inc.
in the amount of $145,139).
10.
Consider adoption of an ordinance accepting competitive bids and awarding a public
works contract for the construction of the Spencer Switch Station Steel Structure and
Equipment; providing for the expenditure of funds therefore; and providing an effective
date (Bid 2868 - Spencer Switch Structure and Equipment awarded to Ernest P. Breaux
Electrical, inc. in an amount not to exceed $134,000).
11.
Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of Type 3 Transit Buses; providing for the expenditure of funds
therefore; and providing an effective date (Bid 2867 - Transit Buses awarded to National
Bus Sales in the amount of $133,334).
12.
Consider approval of a resolution voting for a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
13.
Consider approval of tax refunds for the following property taxes:
Tax
Name Reason Year Amount
14.
Consider adoption of an ordinance amending, repealing, and replacing Ordinance No.
2000-214 of the City of Denton, Texas, establishing fees to be charged for emergency
ambulance services and standby emergency ambulance services in the City as provided
for in Sec. 207-102 of Article iV of Chapter 27 "Vehicles For Hire" of the Code of
Ordinances of the City of Denton, Texas; repealing all ordinances in conflict herewith;
providing a severability clause; and providing for an effective date.
City of Denton City Council Agenda
August 6, 2002
Page 4
15. Consider appointments to the following boards and commissions:
B.
C.
D.
E.
F.
G.
H.
J.
K.
L.
M.
Airport Advisory Board
Animal Shelter Advisory Board
Community Development Advisory Committee
Construction Advisory and Appeals Board
Historic Landmark Commission
Human Services Advisory Committee
Library Board
Parks, Recreation and Beautification Board
Planning and Zoning Commission
Public Utilities Board
TMPA
Traffic Safety Commission
Zoning Board of Adjustment
16.
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor
of the City of Denton, Texas to execute a partial release of covenants and restrictions,
together with any and all additional documents as is appropriate and as deemed recessary
by the City Attorney, evidencing the partial release, solely by the City of Denton, Texas,
of those certain covenants and restrictions that run with the land and burden that certain
real property conveyed by the city, only, by Special Warranty Deed, dated January 15,
1988 unto Flow Regional Medical Center, Inc.; and providing an effective date.
PUBLIC HEARINGS
17.
Hold a public heating inviting citizens to comment on the proposed usage of the 2002
Local Law Enforcement Block Grant funding.
18.
Hold a public heating to consider adoption of an ordinance creating a Special Sign
District on approximately 54 acres of land in a Regional Center Commercial Downtown
(RCC-D) zoning district. The site is located at the southwest comer of Loop 288 and
Brinker Road intersection. The proposal is to create a Special Sign District for the entire
tract that includes six lots. The Planning and Zoning Commission recommends approval
(4-1). (SD02-0002, Denton Crossing)
19.
Hold a public heating and consider adoption of an ordinance rezoning approximately
37.5 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood
Residential Mixed Use (NRMU) zoning district. The site is generally located to the east
of Nottingham Drive, south of University Drive and north of Mingo Road. A church
sanctuary and educational facility is proposed. The Planning and Zoning Commission
recommends approval (6-0). (Z02-0022, Denton Bible Church)
20.
Hold a public heating and consider an ordinance rezoning approximately 26.8 acres from
a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4
(NR-4) zoning district. The site is generally located at 3880 Helm Lane to the west of
Teasley Lane and north of Ryan Road. No development is proposed at this time. The
Planning & Zoning Commission recommends approval, 5-0. (Z02-0031, Mary F.
Moron)
City of Denton City Council Agenda
August 6, 2002
Page 5
ITEMS FOR INDIVIDUAL CONSIDERATION
21.
22.
Consider adoption of an ordinance on first reading amending the existing Gas Franchise
between the City and TXU Gas Company, to trovide for a different consideration and to
authorize the lease of facilities within the City's rights-of-way; providing for acceptance
by TXU Gas Company; finding and determining that the meeting at which this ordinance
is passed is open to the public as required by law; and providing an effective date.
Consider adoption of an ordinance on fa'st reading amending the existing Electric
Franchise between the City and Oncor Electric Delivery Company, to provide for a
different consideration; providing for acceptance by Oncor Electric Delivery Company;
funding and determining that the meeting at which this ordinance is passed is open to the
public as required by law; and providing an effective date.
23.
New Business
This item provides a section for Council Members to suggest items for future agendas or
to request information from the City Manager.
24.
Items from the City Manager
A. Notification of upcoming meetings and/or conferences
B. Clarification of items on the agenda
25.
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
26.
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Demon, Texas, on the day of ,2002 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE
WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE
iNTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF
THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A
SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
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Agenda 02-024 08/06/02 WS#1
AGENDA INFORMATION SHEET
AGENDA DATE: August 6, 2002
DEPARTMENT: Legal Department
CM/DCM/ACM: Dorothy Palumbo, Senior Assistant City Attorney/Legislative Coordinator
SUBJECT:
development,
Conference.
Discuss and give staff direction on legislative resolutions conceming land use and
general government, taxation and finance to present to the TML Annual
BACKGROUND: The City has participated in the Texas Municipal League, ("TML"), Policy
Committees and has been monitoring the House and Senate interim Committees on legislative
issues affecting The City of Denton. The legal department has received input from City staff on
developing issues to present legislative resolutions to the TML Annual Conference to be held in
Fort Worth. These resolutions would have to be prepared and passed at the City Council
meeting on August 20, 2002 to meet the August 30, 2002 deadline set by the TML Executive
Director. These are the issues as follows:
Support beneficial amendments to legislation which created the County
Transportation Authority, H.B. 3323. TML has supported transportation issues in the
past as follows: (i) transportation funding; (ii) streamlining of transportation
procedures; and (iii) Tex 21 Transportation initiatives.
Support beneficial amendments clarifying the use of Hotel/Motel tax funds from
Chapter 351 of the Texas Tax Code. TML has placed legislative issues relating to the
collection of hotel/motel tax funds in their support categories in the past. At the last
TML conference in Houston, the City of Denton presented an issue to support cities
with a population greater than 75,000 to be allowed to collect an additional two
percent hotel/motel tax to be placed in the support category. This issue was referred
to the Taxation and Finance Committee and has been recommended to be placed in
the support category. For further information on this issue contact Kathy DuBose.
e
Support legislation requiting Satellite TV service to pay sales tax in the City where
the service is delivered. TML traditionally supports legislative issues that increase
sales tax revenues. We visited with Monte Akers, Director of Legal Services at TML,
and he stated that legislative issues that increase sales tax revenues have been placed
in the Seek Introduction and Passage category or Support category in the past.
Currently Bennett Sandlin who is an Assistant General Counsel at TML is
researching additional taxable items that can be added to generate sales tax revenues.
The City has also received a resolution from the City of San Marcos that will be presented at the
TML annual conference. This resolution asks for a requirement in Chapter 53 of the Texas
Education Code for consent by all affected taxing entities for real property purchase and
Financing transactions by nonprofit corporations that result in tax exempt status for property
developed, or to be developed, for rental housing. This resolution is similar to The City of
C:~INDOWS TEMP agenda information sheet-Legislative Workshop.doc
Denton's resolution on Education Foundations that has been presented to the Tax and Finance
Committee. Several entities have contacted us to inquire about forming a Coalition.
OPTIONS: The City Council may consider these issues or recommend additional legislative
issues. The City Council may direct staff as to the involvement of staff in any Coalition on
Educational Foundations.
Page 2
2002
TML RESOLUTION COVER SHEET
Sponsoring Entity: The City of San Marcos
Brief Background: Property tax revenues are of critical importance in funding needed
local government services. This has been emphasized by the recent leveling off or decline
in sales tax revenues for many cities and counties in Texas, and the ongoing debate over
public school funding. The removal of properties from the tax rolls must be viewed with
concern and skepticism when the revenue streams of local governments are affected. The
recent sale of an apartment complex in San Marcos, for example, resulted in the removal
of $9,500,000 from the tax rolls and a decrease of over $200,000 per year in property tax
revenues to local taxing entities. The transaction was accomplished by two nonprofit
corporations formed under Chapter 53 of the Texas Education Code without any notice to
the City and without the consent of the City of San Marcos, the local school district, or
the county.
What the Resolution is Intended to Accomplish: A requirement in state law for
consent by all affected taxing entities for real property purchase and financing
transactions by nonprofit corporations that result in tax exempt status for property
developed, or to be developed, for rental housing,
Statewide Importance: The potential exists in communities throughout the state for
purchase and financing transactions to occur that result in tax-exempt status for rental
housing property without any notice to or consent by local taxing entities. Appropriate
changes to state law would allow taxing entities to weigh the benefits of such
transactions, and guard against the loss of tax revenues through agreements for payments
in lieu of taxes.
Submitted by:
Name: Robert Habingreither
Title: Mayor
City: San Marcos
Telephone: 512/393-8085
RESOLUTION NO. 2002- R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN MARCOS, TEXAS URGING THE TEXAS
MUNICIPAL LEAGUE TO SUPPORT LEGISLATION TO
REQUIRE THE CONSENT OF LOCAL TAXING ENTITIES
FOR TRANSACTIONS BY NONPROFIT CORPORATIONS
THAT RESULT IN TAX EXEMPT STATUS FOR RENTAL
HOUSING PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
RECITALS:
1. In December, 2000, a privately owned apartment complex in the City with a value of
approximately $9,500,000 w~s purchased by a nonprofit corporation formed under Chapter 53 of
the Texas Education Code through financing provided by another nonprofit corporation formed
under Chapter 53 of the Texas Education Code.
2. The nonprofit corporations concluded the financing and purchase without notifying the
City and without obtaining the consent of any of the local taxing entities.
3. Although the purchase provided benefits to the two nonprofit corporations, it resulted
in tax exempt status for the apartment complex and the following losses in annual revenues to
local taxing entities, at current tax rates:
City of San Marcos
Hays County
San Marcos Consolidated Independent School District
$44,640.39
$35,086.78
$135,494.48
4. The apartment complex and its residents generate the need for local government
services such as police and fire protection, street and utility maintenance, and public school and
court facilities construction, maintenance and operation without contributing to the property tax
revenues needed to provide these services.
5. The benefits to the two nonprofit corporations come at the expense and subsidy of the
taxpayers of the City of San Marcos, Hays County and the San Marcos Consolidated
Independent School District, and create an unlevel playing field with respect to privately owned,
taxable rental housing in the San Marcos cormnunity.
6. The City Council strongly objects to purchase and financing transactions by nonprofit
corporations that result in tax exempt status for rental housing properties without the consent of
the City Council.
7. The City Council wishes to seek the support of the Texas Municipal League for
legislation that would require the consent of local taxing entities for transactions by nonprofit
corporations that result in tax exempt status for rental housing property.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
TEXAS:
PART 1. The City Council urges the Texas Municipal League to support the enactment
of measures by the Texas Legislature to require the consent of local taxing entities for purchase
and financing transactions by nonprofit corporations that result in tax exempt status for rental
housing property. Such measures should include, without limitation, the following:
A. A requirement that a nonprofit corporation that proposes to issue bonds in a
transaction that will result in tax exempt status for a property developed or to be
developed for rental housing must obtain the approval of thc issuance from the governing
bodies of all affected taxing entities.
B. A requirement that a nonprofit corporation that proposes to purchase property in a
transaction that will result in tax exempt status for a property developed or to be
developed for rental housing must obtain the approval of the purchase from the governing
bodies of all affected taxing entities.
C. An express authorization for affected taxing entities to require an agreement for
payments in lieu of taxes by the property owner as a condition of the taxing entities'
consent to any such transaction.
PART 2. The City Clerk, Janis K. Womack, is authorized and directed to deliver a copy
of this ;esolution and the attached resolution cover sheet to the Texas Municipal League.
PART 3. This resolution is in full force and effect immediately upon its passage.
ADOPTED on
Attest:
Robert B. Habingreither
Mayor
Janis K. Womack
City Clerk
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Agenda 02-024 08/06/02 #7
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
August 6, 2002
Materials Management
Questions concerning this
acquisition may be directed
to Ed Hodney 349-8271
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
An Ordinance authorizing the City Manager to execute change order number nineteen to the
contract between the City of Denton and TRI DAL LTD.; providing for the expenditure of funds
therefore; and providing an effective date (Bid 2625- Downtown Improvements Project Change
Order Nineteen in the amount of $74,280).
BID INFORMATION
On February 6, 2001, Council awarded Bid 2625- Downtown Improvements to TRI DAL, LTD.
in the amount of $695,625.55. This bid was for improvements to the streets and sidewalks at the
Downtown Square area. Change order nineteen in the amount of $74,280 is for the demolition of
existing asphalt pavement at the four intersections around the Square, and replacement of the
asphalt with concrete. Although this was not included in the original scope of work, this was
done to greatly extend the life of the intersection improvements by reducing the likelihood of
water filtration at the concrete asphalt seams. The change order unit pricing was reasonable for
the additional work. Change orders 1-18 were small additions/deductions, which only totaled an
additional $16,692.10. Therefore, they did not require Council approval. Change orders 20-26
are additional additions/deductions that have been required and are well under twenty five
percent of the project total. A summary of all change orders is shown on the attached project
accounting form. Below is a breakdown of the project totals including change order
additions/deductions.
Original contract amount with corrected alternates 1 & 2:
Change orders 1-18:
Change order 19:
Change orders 20-26:
Total contract amount:
$691,719.55
$ 16,692.10
$ 74,280.00
$ (2,009.00)
$780,682.45
RECOMMENDATION
We recommend change order nineteen in the amount of $74,280 be approved for payment to TRI
DAL, LTD.
Agenda Information Sheet
August 6, 2002
Page 2
PRINCIPAL PLACE OF BUSINESS
TRI DAL, LTD.
Southlake, TX
ESTIMATED SCHEDULE OF PROJECT
Due to the high visibility of this project and safety issues, the change order work has been
completed.
FISCAL INFORMATION
This change order will be funded from project account 35006600.1360.43551.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Memo from Ed Hodney
Attachment 2: Change Order/Project Accounting Form
1-AIS-Bid 2625 Change Order 19
Attachment 1
CITY OF DENTON. TEXAS
PARKS & RECREATION DEPARTMENT
321 E. McKINNEY · DENTON. TEXAS 76201
(940) 349-PARK · FAX (940) 349-8384
To:
From:
Date:
Subject:
Tom Shaw, Manager/Materials Management
Ed Hodney, Director of Parks and Recreation ~ e~
July 17, 2002
Change order # 19 for Downtown Improvements Project (TRI DAL)--Bid # 2625
(PO#13584)
I am requesting your assistance in securing the City Council's approval of payment for the
attached change order # 19 in the amount of $74,280.00. I approved this change order at the
request of Jerry Clark, Assistant Director/Streets. The work under this change order has already
been accomplished.
This change order included the demolition of existing asphalt pavement and its replacement with
new concrete within the four intersections around the Square. Although not originally a part of
the bid documents, the work was done to greatly extend the life of the intersection improvements
by reducing the likelihood of water infiltration at concrete-asphalt seams. The decision was made
to utilize TRI DAL's services based on the favorable unit pricing under the City's contract for
this project.
Payment for this work will come from account number 35006600 1360 43551, per Jerry Clark
(see attached email authorization and copy of Change Order # 19).
cc: Jerry Clark
"Dedicated to Quality Service"
www. cityo £denton. corn
ADA/EOE/ADEA
~ Att2~
OLKHGE ESTtt4ATE t 02
ED HODNEY CITY OF DENTON
DENTON TOWN ~QUAIq.~ PROd;CT
intersection MOCJW
Jim ,~
DENTON DOWNTOWN SQUARE PROJECT ACCOUNTING
S/29/U2.
$ 459~295.45
$ 18S,2~9.SO
Carr~'~on to AdditiOn - A{L #1
CO#3
CD#4
C0~5
CO#7
G~#lO
C~12
C0#15
CO#16
C0#26
Reduce sklewalk demo $ (s,0o~.7s)
Reduce curb/guteer demo $
Reduce sidewalk construc~n $ (7,464.15)
Redu~ curb/~ter construc:l~on $
Credit Iapc Paris
4/30/01 suwey for new cur~ layout $ 340.00
7/27/0~ Survey layout curb at Locust $ G0~.00
7/1~/01 OBryan's cleanup ot water in Dank $
8/20/02 0Bryan's cleanup or w~er In bank
8/10/01 Demo & pour of ligrK transom $ ~,400.00
9/30/01 Oak/Elm dm/n.~je ma~ff'~al;~:m $ 4,740.00
I0/26/0! Hictmry[Locust drainage $ 8,240.00
Renmve and replace pavers, waterprool~.u $ 1,1121.00
Remove and reset curb Forms $
Add'l asphalt milling per ]erry Clark $ 2,$S5.60
Add'l ~ paving per ]erw C~rk
Ad0PI n"'-Jlfing mcN~d[zatK)n per Jerry Oark $ 2, S.~0 On
Z~t~,fs~-Uon I110ClifiC~tJOns p~r 3~Ty C~rk $ 74,2Rtl.ilO
1/24/02 Remove/replace curb & ~idewalk per .leny Clark $ 11,0r~.rJ~
Delc-(e 172 Lk curd '$ (~,~ 111.00)
Delete gi~u SF 6' sub-slab $
Z/'26/U;Z premium OT f-aLe per Ed H<~ln~lf for w~ckend w~rk $ 2,420.00
Add't concrete depth per .letry Clerk (89 CY) $ 7,476.00
VO{d t,YJ'S ti6 & #]~7 oruuve - ams included in Att, #G $
Area reduction due Lu ~:ope change - Alt. ~6 $ (1&,621.20)
Add DaCl; aspt~aR iri men of crosawalks for temporary use.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER
NINETEEN TO THE CONTRACT BETWEEN THE CITY OF DENTON AND TRI DAL LTD.;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2625 - DOWNTOWN IMPROVEMENTS CHANGE ORDER NINETEEN IN THE AMOUNT
OF $74,280).
WHEREAS, on February 6, 2001 by Ordinance No. 2002- 048, the City awarded a public works
contract to TRI DAL, LTD., in the amount of $695,625.55 for the Downtown Improvements Project;
WHEREAS, the Staff having recommended, and the City Manager having recommended to the
Council that a change order be authorized to amend such contract agreement with respect to the scope of work
and an increase in the payment amount, and said change order fees under the proposed contract are fair and
reasonable and are consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Change Order No. Nineteen, increasing the amount of the contract between
the City and TRI DAL, LTD., which is on file in the office of the Purchasing Agent, in the amount of Seventy
Four Thousand Two Hundred Eighty Dollars and 00/100 ($74,280) Dollars, is hereby approved and the
expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase
order amount increases to $780,682.45.
SECTION 2. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__ day of ,2002
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Agenda 02-024 08/06/02 #8
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
August 6, 2002
Materials Management
Questions concerning this
acquisition may be directed
to Dave Hill 349-8314
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
An Ordinance authorizing the City Manager to execute change order number two to the contract
between the City of Demon and Tim Beaty Builders, Inc.; providing for the expenditure of funds
therefore; and providing an effective date (Bid 2749- New Central Fire Station Change Order
Number Two in the amount of $68,286).
BID INFORMATION
Council awarded Bid 2749 on March 5, 2002 to Tim Beaty Builders, Inc. for the renovation of
the old Power Plant structure into the New Central Fire Station in the amount of $3,138,000.
Change order number two in the amount of $68,286 is for the installation of new pre-insulated
"sandwich" exterior metal panels instead of rigid insulation, and to provide 16 gauge steel studs
instead of 18 gauge for structural framing. The heavy metal studs will strengthen the support
structure of the new building. The change order also allows for a lightning protection system.
This system would protect not only the building but would protect the telephone and radio
system. This is needed to insure that the City has a back up emergency operation cemer. All of
these changes were requested by the City of Demon. Previously authorized change orders for
minor items have already been approved in the amount of $24,784 and these did not require
Council approval. The new total to the contract including change order number two will be
$3,231,070.
RECOMMENDATION
We recommend that change order number two be approved in the amount of $68,286, and Tim
Beatty Builders. Inc. be authorized to proceed.
PRINCIPAL PLACE OF BUSINESS
Tim Beaty Builders, Inc.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This change order will not affect the scheduled completion date of February 2003.
Agenda Information Sheet
August 6, 2002
Page 2
FISCAL INFORMATION
Change order number two will be funded from project account 10001500.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Memo from Bruce Henington
Attachment 2: Change Order 2
1-AIS-Bid 2749 Change Order 2
A~ ~achmen~ i
604 E. Hickory Street Denton, Texas 76205 (940) 349-7200
FAX (940) 349-8242
FACiLITIES MANAGEMENT DEPARTMENT
MEMO
TO:
Denise Harpool, Senior Buyer
FROM:
Bruce Henington, Director of Facilities Management
DATE: July 19, 2002
SUBJECT: New Fire Central Change Order #2
Attached you will find a change order # 2 for the amount of $68,286.00. Funding for this
change order will come out of the approved budgeted account # 10001500.
As I have previously indicated we have had a prior change order. It did not reach dollar amount
requiring City Council approval. However change order # 2 pushes our accumulative total up
over the amount where we need to have City Council approval. All changes to date including
this change order do not exceed the 25% of the total construction dollar limit. The initial
construction amount was $3,138,000.00. Including all changes and adding this change order
will bring the total construction amount to $3,231,070.00.
Please submit change order #2 to the City Council on August 8~h, 2002.
Tlmnk you for help, if you need more information please call me at 349-8134.
Sincerely,
Brace
New Fir~ Central Change order 2.doc
Attachment 2
2000 Edition - Hectronic Format
AIA Documenl G701- 2000
Change Order
PROJECT:
(Name and ~)
Central Fire Station
:12% East McKinney Street
Denton, Texas 76201
TO CONTRACTOR:
(N~m~ ~.d ~ddm~)
Tim Beaty Builders, Inc.
42t East Hickory Street
Denton, Texas 76201
CHANGE ORDER NUMBER:2
DATE: 19 July 2002
ARCHITECT'S PROJ£CT NUMBER:
CONTRACT DATE: 5 March, 2002
CONTRACT FOR:General Construction
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, w'reze applicable, any un&'sputed amount attdbut.,ble to pte~oudM executed Constmct~bn Cha~ge Direcffres.)
Provide and install insulated exterior metal panels
in lieu of specified material per revised elevations
Provide an(J install l~-gauge steel studs in lieu ot
18-gauge as required for installation of insulated panels
per manufacturer's recommendation
3. Provide lightening protection per Owner Request
Add $52,690.00
Add $1,950.00
Add $13,646.00
OWNER I~
ARCI~ITECT
CONTRACTOR ~'~
FIELD []
OTHER ~
AUTHENTICATION OF THIS
ELECTROMCAI..LY DRAFTED AIA
A/A DOCUNENT D401.
The original (Contract Sum) (CuararAcc~ M~'nu= Pr. ce) was $ 3,~ 38,000:00
The net change by previously' authorized Change Orders $24,784.00
The (Contract Sum) (Cu~.r---rAcc~ M--~m:.:,'r. Prlcc) prior to this Change Order was
3,162,784.00
Th~ (Contract Sum) (Cu==:t=a~ M~.u= PS=)-will be (increased) t~
by this Change Order in the amount of $$68,286.00
The near (Contract Sum) (-r'.:=r~ntcc~ Mx.'r:m::m Pr:'c~)-including thi~ Change Order will be
3,231,070.00
The Contract Time will be ([ncrc=c~),~.~o~,z~ .......'~ (unchanged) by zero ( 0 ) days.
The date of Substantial Completion as of the date of th/~ Change Order therefore is03 March
2003
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or
Guaranteed Maximum Price which have been authorized by Construction Change Directive for
which the cost or time are in dispute as described in Subparagraph 7.~.8 of AiA Document A~OL
~ ~tXIO lhe American Institute of Architects. Reproduction of the material herein or substantial quotation ot
its provision without written permission of the Al^ violates the copyright laws of the United States and will
subject the violafor to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyrisht laws and
will subject the violator to lesal prosecution. ?his document was electronically produced with permission of the
AIA and can be reproduced in accordance with your license without violation until the date of expiration as
noted below, expiration as noted below, expiration a~ noted below. User Document: city of dentom-c.o --
7/18DOOZ AfA 1.icen~e NumBer 10]]77~t, which expires on
I
~ 21XIO AIA®
AIA DOCUMENT G7OI--2000
CHANGE ORDER
The American Institute of
Architects
173S New York Avenue, N.W.
Washinston, D.C. 20006-5292
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER
TWO TO THE CONTRACT BETWEEN THE CITY OF DENTON AND TIM BEATY BUILDERS, INC.;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2749-NEW CENTRAL FIRE STATION CHANGE ORDER NUMBER TWO IN THE
AMOUNT OF $68,286).
WHEREAS, on March 5, 2002 by Ordinance No. 2002-063, the City awarded a public works contract
to Tim Beaty Builders, Inc., in the amount of $3,138,000 for the New Central Fire Station;
WHEREAS, the Staff having recommended, and the City Manager having recommended to the
Council that a change order be authorized to amend such contract agreement with respect to the scope of work
and an increase in the payment amount, and said change order fees under the proposed contract are fair and
reasonable and are consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Change Order No. Two, increasing the amount of the contract between the
City and Tim Beaty Builders, Inc., which is on file in the office of the Purchasing Agent, in the amount of
Sixty Eight Thousand Two Hundred Eighty Six and 0/100 ($68,286) Dollars, is hereby approved and the
expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase
order amount increases to $3,231,070.
SECTION 2. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__ day of ,2002
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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Agenda 02-024 08/06/02 #9
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
August 6, 2002
Materials Management
Questions concerning this
acquisition may be directed
to Ed Hodney 349-8271
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
An Ordinance accepting competitive bids and awarding a public works contract for the
construction of the North Lakes Park Playground Improvements; providing for the expenditure
of funds therefore; and providing an effective date (Bid 2865-North Lakes Playground
improvements awarded to Simmons Builders, inc. in the amount of $145,139).
BID INFORMATION
Bids were received on July 11, 2002. Five bidders responded, and Simmons Builders, inc. was
the lowest bidder meeting all requirements of the bid specifications. This bid is for the North
Lakes Park playground improvements, which include demolition of the existing site, clearing,
grading and drainage, concrete flatwork, installation of walking paths, site furnishings, and
landscaping, improvements also include the replacement of existing playground equipment,
which was originally installed in 1960. The new playground will meet all state and federal
safety regulations.
RECOMMENDATION
We recommend that Bid 2865-North Lakes Park Playground Improvements be awarded to
Simmons Builders, inc. in the amount of $145,139.
PRINCIPAL PLACE OF BUSINESS
Simmons Builders, inc.
Flower Mound, TX
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be substantially completed by January 2003.
FISCAL INFORMATION
Funding for this project will be provided from Parks account 40004000.1360.40100.
Agenda Information Sheet
August 6, 2002
Page 2
Attachment 1: Bid Tabulation
1-AIS-Bid 2865 Nortl~ Lakes Park Playground hnprovement
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE NORTH LAKES PARK PLAYGROUND
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2865-NORTH LAKES PLAYGROUND
IMPROVEMENTS AWARDED TO SIMMONS BUILDERS, INC. IN THE AMOUNT OF
$145,139).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
Simmons Builders, Inc.
2865 $145,139
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD- BID 2865 NORTH LAKES PARK PLAYGROUND IMPROVEMENTS
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Agenda 02-024 08/06/02 #10
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
August 6, 2002
Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
An Ordinance accepting competitive bids and awarding a public works contract for the
construction of the Spencer Switch Station Steel Structure and Equipment; providing for the
expenditure of funds therefore; and providing an effective date (Bid 2868-Spencer Switch
Structure and Equipment awarded to Ernest P. Breaux Electrical, Inc. in an amount not to exceed
$134,000).
BID INFORMATION
Construction of the Spencer Switch Station was included as a project in the FY02 Budget and
CIP. Material and equipment purchases and the site work for this station were previously
approved by the PUB and City Council. The foundation and site work will be completed in late
September. Installation of the steel structure and equipment are the next steps in the construction
process. The new station will be located along Spencer Road immediately west of the existing
Spencer Generating Plant step-up station on land owned by the City of Denton. Construction of
the Spencer Switch must be completed to support connection of the Woodrow Substation and to
reconfigure the bus for the Spencer Generating Station to allow independent operation of the
PG&E and DME facilities. When completed, the Spencer Switch will allow DME to power the
69kV transmission system directly from either the TMPA 138kV to 69kV transformer (Spencer
Interchange), from the Spencer Generating Station, or from both. This bid is for completing steel
structure installation, installation of bus work, attaching incoming transmission lines to the new
structure, placing four circuit breakers on foundations, placing instrument transformers,
extending control wiring conduits to equipment cabinets, installing all switches, and connecting
all equipment to the bus.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this on July 15, 2002.
RECOMMENDATION
We recommend that Bid 2868 Spencer Switch Structure and Equipment be awarded to Ernest P.
Breaux Electrical, Inc. in an amount not to exceed $134,000.
Agenda Information Sheet
August 6, 2002
Page 2
PRINCIPAL PLACE OF BUSINESS
Ernest P. Breaux Electrical, Inc.
New Iberia, LA
ESTIMATED SCHEDULE OF PROJECT
The work is planned to start in October and to be completed by November 22, 2002.
FISCAL INFORMATION
This project will be funded from bond fund account 60006700.1360.3530.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AIS-Bid 2868 Spencer Switch Structure and Equipment
Attachment I
Spencer 5witch Station Steel Structure and Equipment Installation
Bid Number
]ruly 11, 2002 · :
Bidders --> Red S~npson E.P. Breaux Tcr~s Eltc~c
Det~d Cost Infomafion:
~c~ ~a~on ~d ~o~g $72,000~00 ~28,000.00 D~qu~:
E~mcnt ~on $ t 4.600.00 $3~.000.00 No bid
B~work ~lhfion $2~,200.00 $24,000.00
T~fion of ~os $20,600.00 $44,000.00
Total Bid Co~t $136,400.00 $134,000.00
~o~ C?~or~r~n~ ..Ii.......... ~/Ai '! ~'
~. ~i~ ~ I , ~.4oo.oo.I
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE SPENCER SWITCH STATION
STRUCTURE AND EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2868-SPENCER SWITCH
STRUCTURE AND EQUIPMENT AWARDED TO ERNEST P. BREAUX, iNC. IN AN
AMOUNT NOT TO EXCEED $134,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2868 Ernest P. Breaux, Inc. $134,000
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD- BID 2868 SPENCER SWITCH AND EQUIPMENT
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Agenda 02-024 08/06/02 #11
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
August 6, 2002
Materials Management
Questions concerning this
acquisition may be directed
to Stan Nixon 349-8590
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
An Ordinance accepting competitive bids and awarding a contract for the purchase of Type 3
Transit Buses; providing for the expenditure of funds therefore; and providing an effective date
(Bid 2867- Transit Buses awarded to National Bus Sales in the amount of $133,334).
BID INFORMATION
This bid is for the purchase of two Type 3 transit buses with eight ambulatory passenger and
three wheelchair positions; and two Type 11 transit buses with nineteen ambulatory passenger
and two wheelchair positions. These buses will replace transit buses owned by the City of
Denton that are no longer economical to maintain. The two new Type 3 buses are propane
powered to meet TNRCC and EPA regulations for cleaner air. The Type 11 buses are high
efficiency diesel and meet EPA emission standards.
RECOMMENDATION
We recommend the bid for item 1 for two Type 3 buses be awarded to the lowest responsible
bidder National Bus Sales in the amount of $66,667 each. This includes a base bid of $66,406
plus options A (Passenger Door Outside Access Switch), C (Plexiglass Panel) and F (Bilingual
Emergency Decals) in the amount of $261. The lower price offered by One Stop Bus failed to
meet specifications for passenger seating. Two Type 11 buses were approved by the City
Council at the July 23,2002 meeting.
PRINCIPAL PLACE OF BUSINESS
National Bus Sales
Marietta, GA
ESTIMATED SCHEDULE OF PROJECT
Delivery of these buses is required to be no later than April 15, 2003.
FISCAL INFORMATION
Funding for these buses will be from a combination of Federal Transit Administration and Texas
Department of Transportation grants. No local funding will be required.
Agenda Information Sheet
August 6, 2002
Page 2
Attachment 1: Bid Tabulation
1-AIS-Bid 2867 Transit Buses
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF TYPE 3 TRANSIT BUSES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2867-TRANSIT BUSES
AWARDED TO NATIONAL BUS SALES IN THE AMOUNT OF $133,334).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 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 the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID
NUMBER VENDOR AMOUNT
2867 National Bus Sales $133,334
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Bid 2867 Transit Buses
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Agenda 02-024 08/06/02 #12
AGENDA INFORMATION SHEET
AGENDA DATE: August 6, 2002
DEPARTMENT: Fiscal and Municipal Services
ACM:
Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services
SUBJECT
Consider approval of a resolution voting for a member to the Board of Managers of the Denco
Area 9-1-1 District; and declaring an effective date.
BACKGROUND
The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers. The
board is appointed by the county, participating cities and the Denton County Fire Chief's
Association. Board members serve staggered two-year terms and are eligible for
reappointment. The Emergency Telephone Number Act states:
"the board shall manage, control and administer the district. The board
may adopt rules for the operation of the district."
The current Board of Managers is comprised of the following individuals:
Board Member
Mr. Harlan Jefferson, Chair
Mayor Olive Stephens, l/ice Chair
Mr. A1 Brown, Secretary
Jack Miller
Chief Bruce Varner
Mr. Melvin Willis
Appointed By:
Participating Cities
Participating Cities
Denton County Commissioners Court
Denton County Commissioners Court
Denton County Fire Chiefs Association
GTE, Advisory
This year, the term of Harlan Jefferson, City of Flower Mound, expires on September 30, 2002.
ESTIMATED SCHEDULE OF PROJECT
On July 16, 2002, the Denco Area 9-1-1 District sent a list of nominations they received from
participating cities (attached). Denco requests each city to vote for one of the nominees and
advise them of its selection prior to September 15, 2002. The nominee with the most votes will
be the municipalities' representative to the Denco Area 9-1-1 District Board of Managers for
the two-year term beginning October 1, 2002.
Agenda Information Sheet
August 6, 2002
Page 2
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On June 18, 2002 the City Council approved a resolution to nominate Harlan Jefferson as a
member to the Board of Managers of the Denco Area 9-1-1 District for a two-year term to
commence on October 1, 2002.
FISCAL INFORMATION
This resolution has no fiscal impact.
EXHIBITS
Letter from Denco
Resolution
Respectfully submitted:
Kathy DuBose
Assistant City Manager, Fiscal and Municipal Services
To:
From:
Date:
DENCO AREA 9-I-I DISTRICT
Phone/TTY:
P.O. Box 293058, Lewisville, Texas 75029-3058
972-221-0911 · FAX: 972-420-0709 · Werbpage: www. denco.org
Mayors of Cities in Denton County
Mike Pedigo, Executive Director ~
July 16, 2002
''"'''
2 25,..,2
FINANCE
Re:
Appointment to the Denco Area 9-1-1 District Board of Managers
On May 15, 2002, the Denco Area 9-1-1 District requested participating cities to
nominate a representative to the district board of managers. The following
nominations were received by the July 15, 2001 deadline:
Nominee
City Making Nomination
Jack Hensley Corinth
Harlan Jefferson
Denton
Lewisville
The Denco Area 9-1-1 District requests that each participating city vote for one of
the candidates and advise the district of its selection pdor to 5 p.m.
September 15, 2002. Please send a copy of the resolution or minutes recording
council aCtion. Enclosed is a sample resolution you may wish to use and resumes
for the candidates. Aisc enclosed is a copy of the resolution outlining board
appointment procedures and a list of current board members.
Please mail your response to D'enco Area 9-1-1 District, P.O. Box 293058,
Lewisville, TX 75029-3058 or fax it to 972-420-0709.
Thank you for your assistance in this matter.
Enclosures
H:\Board of Managers\city vote memo 2002.doc
1075 Princeton Street, Lewisville Texas 75067
Jack C. Henslev
2214 Parkside Dr. Denton, Texas 76201 (940) 320-0660
Qualifications: Decisive, hands-on, results-oriented leader with excellent communication and team
building skills.
Experienced in all aspects of professional policing, organizational change, working with
a diverse community population, and community relations
Proven commitment to community policing, with a track record of improving customer
service delivery and demonstrated ability to build and maintain strong relationsliips with the
community, elected officials, employees, fellow department heads, and other agencies.
Education:
* Bachelor of Arts Degree, Amberton University
* Texas Teacher Certification, State Board for Educator Certification
* Master Peace Officer Certification, TCLEOSE
* Instructor's License, TCLEOSE
Other training references available upon request
Professional Experience:
1988-Present
1988-1991
1991-2000
2000-2001
2001-Present
Corinth Police Department, Corinth, Texas
assigned to Patrol Division
assigned to Community Services Division
Lieutenant of Police
Chief of Police
DUTI~ES AND RESPONSIBILITIES
Chief of Police
1984-1988
Establish department policies, procedures and regulations and ensure proper
enforcement to maintain a modem and effective police department
Direct and manage the police department operations in carrying out
departmental policy
Provide management direction to police department service functions
Direct development of the departmental budget
Confer with public officials and citizen groups to enlist cooperation and
explain department policy, procedures and actions.
Coordinate police work with other municipahties and law enforcement
agencies
Maintain a working knowledge of federal, local and state law and inform
police department of necessary changes
Whitesboro Police Department, Whitesboro, Texas
DUTIES AND RESPONSIBILITHgS
Sergeant of Police
Responsible for the appearance, morale, and conduct of
subordinates
Supervised officers directly engaged in police functions
Trained subordinates for various duties and
responsibilities
Supported departmental goals and objectives
Enforce departmental roles and regulations
1979-1984
Rockwall County District Attorney's Office
DUTIES A_ND RESPONSIBILITH~S
Chief Investigator
Investigate rcported offenses
Interview victims and witnesses
Prepare affidavits for search warrants and subpoenas
Assist in case preparation for trials
Testify in court as expert witness
1978-1979
Rowlett Police Department, Rowlett, Texas
DUTIES AND RESPONSIBILITIES
Patrol Officer
Prepared and submitted reports of patrol activities
Made arrest
Respond to radio-dispatched calls
Patrol assigned district
1976-1978
Terrell Police Department, Terrell, Texas
DUTIES AND RESPONSIBILITIES
Patrol Officer
Prepared and submitted reports of patrol activities
Made arrest
Respond to radio-dispatched calls
Patrol assigned district
Achievements:
Military:
Wrote General Orders, Standard Operating Procedure and Code of Conduct
Developed emergency management manual
Created and designed community newsletter
Implemented community oriented policing
Designed and implemented a state approved departmental training program
Appointed to Lake Dallas I.S.D. Drag Free Schools Advisory Committee
1990,1995 &1997 Pohce Officer of the Year
1995 Lake Cities Community Action Committee Police Officer of the Year
Established fkst Denton County Police Officer's Memorial Ceremony
Developed Community Oriented Policing Panel
Developed a criminal justice curriculum for Lake Dallas I.S.D.
1998 Denton County Law Enforcement Officer of the year
Recognized by ACLU for departments racial profiling policy
U.S. Navy ® 03-70 to 03-76
Assigned to Bureau of Medicine and Surgery
Honorable Discharge
~LAR~AzN L. JEFFERSON
2100 Sagebrush Drive
Flower Mound, TX 75028
EDUCATION/CERTIFICATION
Masters of Public Administration, University of North Texas, Denton, 1987
Bachelor of Arts, Political Science, University of North Texas, Denton,· ~983,'
Certiffed'Go~/ernment Finance Officer, Government Finance Officers AssOciatiOn of Texas
Certified-MUnicipal' Finance Administrator, Municipal Treasurers' AsSo clarion of the. untied states and
Canada.
WORK RELATED EXPERIENCE ':-'
DirectOr of'Finan~:eFl'own Treasurer (June 1997 to Present)
Finance DePlartment, T0wn:.of Flower Mound, Texas
R'esponsibiliti'es!' Admin'istrati0n of all financial functions including, but nOG I:imjted -toBudlget;..Cash
Management;: Debt· Management. Accounting., Purchasing, Tax' Collection·,. Bank Relations,.
and. Utility Billi'ng: Pmp. aratbn of the Comprehensive Annual Financial Report:
Financial': Raoorts, Ann.ual' 0p:erating and Capital Budgets. .. ·
Director' of Fiscal· operations (November 1994 to Jur{e 1997).
Finance Oep:ar-tmen't..City'of Denton, Texas '" ' : - -
- -ResPonsibilities:. Collecting, monitoring· and investing the?evenue Of the. City Cf Denton': Direcfin:9.
all aspects of a $I00+ miilion:'investment portfolio (i.e.i depository bank can!tact a~b'i:t'r~g'e: !i-acAing:,'." · .'-' .'
investment purchases' and':l'nvestme(~t Committee support) supe~isicn, of the: Mun~c!pal'i.C:F}urt., --' .'
Customer,Service and' Treasury.. Division of the City. Also, re.sports bio for. Risk-. Management (i.e:
Health and LiabiIity InsUrance), Debt Management and Motor Pool activities..· ' · ~ · ' ' '.
Director' of Treasury Operations (January 1992 - November 1994.) · .
Fin'an'ce Department, City oflDenton, Texas
Responsibilities: M'anageme~t of all collection, monitoring and investing of Cit7 funds'..
Super'vision of Tax, Municipal Court, Customer Service and Treasury' Oivis!0ns..Also, responsible
f0r Mistor Pool activities..
Treasurer (April 1990 - January 1992)
Fi~arnce_ D.epartrne~t,. City of Denton, Texas
Responsibilities:. Management of ali aspects of the investment portfolio. S'~Joer~ision of TL-=:<
Division, Municipal Court ant Treasury Divisions.
Assistant to the City Manager (October 1989 -April 1990)
City Manager's: Office.. City of Jackson, Michigan
Responsibilities: Providing administrative support and leadership in the area of budge['
devoiD'preen[ and monitoring, Identifying and reviewing policy issues, and. re'eking recommendations
for City Manager and Council consideration. Direct and perform special projects for manager;· such
as assisting in bond issue campaign and financing strategy deve!opment, evaluation o~ Jac,kson
County Solid Waste. Managemen~ Plan, heading task force to develop water main replacement
criteria and.implementation of'the new commercial driver's license, etc. Serving as staff:person to.
the Human Relations Commission and as a member of each of the City Council's goals committees.
Risk Manager (October 1986 - October 1989)
Finance Department, City of Denton, Texas
Responsibilities: Establishing a system to promote the safety of City employees and to protect
City resources and facilities from unexpected losses. Identifying and reviewing policy i-ssues and
making recommendations for management and council' consideration. Development of a RiSk and
Safety Manual, Hazard Communicate, on Manual, and the implementation of a self insurance program
which saved approximately $500,000 annually. Special proj. ects inctuded writing an Investment'
Policy, researching heaIth insurance alternatives, and making presentations to citizen groups, and-
professional organizations. Also, se~ed as the Budget Analyst for the Police and Fire Depar~ment~.
Administrative Assistant (May 1985 - October 1986)
Finance Department, City of Denton, Texas
Responsibilities: Evaluating finance policies and procedures,, recommending warranted
modifications, producing revenue and expenditure long-range forecasts, and'a varfety of special
projects as assigned by the Finance Director. - Assisted in the coordination of the city's op.erat-ing
budget, and developed strategies for the City to obtain the Government Finance O~cers
Association's Distinguished Budget Award. Special projects included strategies to save an insolvent
-Motor Pool Fund and preparation of bond program ~resentations mater a for rating agencies.
TRAINI'NG AND PROFESSIONAL SEMINARS
Managing Management Time
': ILeadership Effectiveness Training
2 Developing Creative Writing Skills
.:.-.'Toastmasters International (speech organization Jackson Leadership Academy
National Forum for Black Public Administrators' Executive Leadership lnsti, tute
i.'Covey Leadership Center's Seven Habits of Highly Effective People
_-C~QM:M:UNITY INVOLVEMENT AND AFFILIATIONS
Spring Fling Festival, General Chairman, 1988-89
.Denton County Big Brathers and Big Sisters Board of Directors, 1992-93
United Way of Denton County, Campaign Chairman, 1996
_. Denton Public Schools Foundation Board of Directors, 1995- June 1997
Denton Firemen's Pension, Board of Directors, 1996-June 1997
National Forum for Black Public Administration ·
Government Finance Officers Association of the United SLates and Canada
Municipal T e~.o~re, ~ Asso,,,a ..... cf the United S,~ates and Canada
Government Finance Of'ricers Association of Texas
Treasury. Management Association
SUMMARY OF ACCOMPLISHMENTS
Fifteen years of diverse local government experience and eight years supervisory experience.
Demonstrated abitity to pioneer innovative initiatives and actualize organizational objectives.such
as:
Deve!opment of a $6 million self:insurance fund
CuItivation of a $7 million veh[cte and equipment internal financing program
Establishment of a Municipal Court of Record and-Teen CouA
Obtainment of the MTA of U.S. & C.'s Ce~ificate of Excellence Award for investment policies
and superior debt management program.
Council Resolution No.
A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS
OF THE DENCO AREA 9-1-1 DISTRICT.
WHEREAS, Section 772, Health and Safety Code, provides that two voting
members of the Board of Managers of an Emergency Communications District shall
be appointed jointly by all cities and towns lying wholly or partly within the District;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
, TEXAS:
Section 1
The City of hereby votes for
as a member of the Board of Managers for the Denco Area 9-1-1 Emergency
Communication District.
Section 2
That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ day of ., 2002.
Mayor
City of
ATTEST:
APPROVED AS TO FORM:
City Secretary
City Attorney
H:\Board of Managers\BOM Vote Resolution.doc
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 District
Board of Managers to have "two members appointed jointly by all the participating municipalities
located in whole or part of the district."; and
WHEREAS, each member serves a term of two years beginning on October 1st of the year member is
appointed; and
WHEREAS, one member representing participating municipalities is appointed each year.
NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF
MANAGERS:
The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1
District Board of Managers shall be the following:
1. Prior to May 15th of each year, the executive director shall send a written notice to the
mayor of each participating municipality advising that nominations are open for one of the
municipal representatives to the Denco Area 9-1-1 District Board of Managers until July
15th of that same year. The notice shall advise 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 15th of that year. No nominations shall be considered after that
time.
2. On July 16th of each year, the executive director shall send written notice to the mayor of
each participating municipality providing the slate of nominees to be considered for
appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning
October 1st. The notice shall advise the mayor that the city 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 district office by 5:00 p.m. on September 15th. NO
notice will be accepted after that time.
3. The one nominee with the most votes received by the deadline will be the municipality
representative appointed for the two-year term beginning October 1st.
4. If there is a tie between two candidates with the most votes, a runoff election will be held
immediately with the candidate receiving the most votes serving the remainder of the
term. The incumbent representative shall serve in that position until replaced.
and ADOPTED on this 4th day of February 1999.
APPROVED
Chairman, Board of Managers
Secretary, Board of Managers
Denco Area 9-1-1 District Board of Managers
June 2002
Harlan Jefferson, Chair
· Appointed by member cities in Denton County
· Member since November 1998
· Term expires September 2002
· Deputy Town Manager/Director of Finance, Town of Flower Mound
Mayor Olive Stephens, Vice Chair
· Appointed by member cities in Denton County
· Member since 1987
· Term expires September 2003
· Mayor, Town of Shady Shores
Al Brown, Secretary
· Appointed by Denton County Commissioners Court
· Member since October 1998
· Term expires September2002
· Retired Businessman, Carrollton
Chief Bruce Varner, Member
· Appointed by Denton County Fire Chief's Association
· Member since October 1999
· Term expires September 2003
· Fire Chief, City of Carrollton
Jack Miller
· Appointed by Denton County Commissioners Court
· Member since October 2000
· Term expires September 2002
· Former mayor and council member of Denton
· Self-employed as a human resource manager
Melvin Willis, Member
· Non-voting member appointed by largest telephone company (Verizon)
· Member since 1989
· Serves until replaced by telephone company
· Manager, Region Network Reliability, Verizon
All voting members serve two-year terms and are eligible for re-appointment.
This page left blank intemionally.
Agenda 02-024 08/06/02 #13
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
August 6, 2002
Fiscal Operations, Tax Department
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of tax refunds for the following property taxes:
Name Reason
A. Karl & Melinda White Duplicate Payment
Tax Year Amount
1999 $649.27
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00. These accounts fall under Chapter 31.11.
FISCAL INFORMATION
The total tax overpayment revenue fund would be reduced by $649.27
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
Agenda 02-024 08/06/02 #14
AGENDA INFORMATION SHEET
AGENDA DATE: August 6, 2002
DEPARTMENT:
ACM:
Fire Department
Jon Fortune, Assistant City Manager, Public Safety and Transportation
SUBJECT
Consider adoption of an ordinance amending, repealing and replacing Ordinance No.
2000-214 of the City of Demon, Texas, establishing fees to be charged for emergency
ambulance services and standby emergency ambulance services in the city as provided
for in Sec. 27-102 of Article IV of Chapter 27 "Vehicles For Hire" of the Code of
Ordinances of the City of Demon, Texas; repealing all ordinances in conflict herewith;
providing a severability clause; and providing for an effective date.
BACKGROUND
There are three (3) primary reasons for a change in the City's existing ordinance
establishing fees to be charged for emergency ambulance services and standby
ambulance services:
1. The last change of emergency ambulance fees was in 2000
Our currem emergency ambulance service fees are determined by Ordinance No. 2000-
214 (attached), which was passed by the City Council on June 20, 2000. It sets a basic
transportation rate of $300.00 for residems and $375.00 for non-residems. It also
establishes various charges for certain medications, disposable goods and activities and a
mileage fee of three ($6.00) dollars per mile.
2. Our costs to provide emergency medical services have increased substantially
In 2001, the Fire Department responded to a total of 9,127 emergency calls for assistance.
Of those, 6,174 were emergency medical calls. Using this data shows that 68% of the
Fire Departmem's business is EMS. The City's four (4) from line ambulances respond to
all EMS calls as well as some fires. In addition to an ambulance, a fire engine responds
to those medical calls from the nearest fire station.
The first fiscal year (FY1999/2000) that this ordinance became effective, the Fire
Departmem' s budget was $10,105,316. However, our existing budget (FY2001/2002) is
now $11,616,573. Since the last ordinance was adopted in 2000, our budget has increased
by 15% percem. While our costs have increased substamially, our charges for our
emergency ambulance services have not increased since 2000. The budget for next fiscal
year will most likely continue this upward trend.
Although we recover some of the costs to provide emergency medical transports, the
revenue generated from the ambulance transport fees only recovers a small portion of our
actual costs to provide the service. Estimated revenues in 2001/2002 for EMS ambulance
transport fees are $650,000. Based on 68% of the Fire Department's budget, $7,899,297
is the cost to provide EMS to the community. Dividing the 6,174 EMS calls in 2001 by
that cost equals $1,279 per EMS call. However, the City does recover $300,000 from the
County and $102,000 from the small cities EMS contracts which help offset the City's
costs by approximately another $402,000. The net EMS cost recovery is therefore about
$1,102,000 amounting to only 14% recovery of the EMS costs ($1,102,000 divided by
$7,899,297) to provide EMS to the community.
3. Remain competitive with other area emergency medical services providers
Attached to this report is a current survey of area EMS providers and the fees they now
charge. Most of the agencies surveyed indicated they would increase their fees as part of
their FY2002/2003 budget process.
PROPOSED CHANGES TO ORDINANCE 2000-214
1. Maintain our Present Health Care Finance Administration Methodology #4
The Health Care Finance Administration (HCFA) establishes the limits on charges that
will be paid out by Medicare, which ultimately results in what rates insurance companies
will pay out for emergency ambulance services. The HCFA uses four methods of billing
for emergency ambulance services. The HCFA mandates that all emergency ambulance
providers state formally which method they will use and the providers must then use only
that method.
HCFA Method 1: This method is a simple, all-inclusive charge, reflecting all
services, supplies and mileage using one code.
HCFA Method 2: This method is one charge, reflecting all services and supplies,
with a separate charge for mileage.
HCFA Method 3: This method is one charge for all services and mileage, with a
separate charge for supplies.
This was the HCFA method used by the City of Denton previous to 1998.
HCFA Method 4: This method uses separate charges for services, mileage and
supplies. This is the current HCFA method used by the City of Denton and
proposed in this ordinance.
At a recent conference on ambulance billing, a nationally recognized expert in ambulance
billing stated that all providers should be using method 2 or 4 for the most cost effective
recovery of actual costs.
2. Adjust Current Fees
In addition to an increase in the basic emergency ambulance transportation rate, staff
requests adjustments in several current charges.
Increase the ResideN Basic Transportation rate from $300.00 to $400.00. As shown
previously, emergency ambulance services cost more than the amouN recovered.
Increase the Non-Resident Basic Transportation rate from $375.00 to $475.00. As
shown previously, emergency ambulance services cost more than the amount
recovered. This means that city of DeNon taxpayers subsidize this valuable public
safety service. This fee charges non-resideNs, or non-taxpayers in the city of DeNon,
a slightly higher fee than someone who is already paying taxes for quality emergency
medical services. The survey of other emergency ambulance providers shows that
charging non-resideNs a higher fee is a common occurrence.
Adjust the "additional fees" as shown below:
Bandaging/spliNing from $30 to $45
Cardiac monitoring from $30 to $45
Cardiversion from $36 to $45
CPR from $60 to $80
Defibrillation from $36 to $45
12-lead EKG from $36 to $45
Glucometer from $12 to $20
Pacing from $36 to $45
Carrying a patieN downstairs from $30 to $50.
Bill for medical supplies and medications at 20% over the cost paid by the City.
CurreNly all fees the City must bill for additional supplies, medication and/or
disposable goods are listed in the ordinance. However, this limits us to those specific
amounts and not the amounts we may actually pay. Many times our costs vary (up
and down). This new ordinance allows us to base our bill for those medical supplies
and medications on what the City actually pays plus 20% to recover the warehouse
fee and our handling and stocking expenses. This allows a much more accurate and
fair billing system.
Increase the Standby Charge for special evens from $76.00 per hour with a four (4)
hour minimum to $100.00 per hour with a four (4) hour minimum. Time must be
spent checking out the ambulance prior to the event, driving to and from the event
and then cleaning the ambulance after the event. This charge is for the standby of the
ambulance only. If an emergency happens at the event and a patient is transported,
all other charges that are incurred by the patient are billed according to the ordinance.
Increase mileage charge from $6.00 per mile to $9.00 per mile. Our fuel and
maintenance costs continue to escalate.
3. Add New Fee - "Non Transport Fee"
This fee would recover some of the costs to provide emergency medical services where a
transport is refused or not necessary or the patient is transported via another method other
than City of Demon ambulance, such as private vehicle or helicopter. Staff proposes the
following to recover our costs:
Non-Transport fee of $100 for calls requiring administration of an IV and one
(1) medication and no transport to a hospital;
Non-Transport fee of $200 for calls requiring administration of an IV and one
(1) medication plus one or more treatmems and no transport to a hospital.
In addition to recovering personnel and ambulance costs, this fee will help recover some
of our costs for disposable goods and drugs. A good example is a patiem with an
emergency diabetic condition who has an IV set up and then the patient feels better and
refuses transport. The City provides on-scene services to approximately five (5) diabetic
patients per month, which requires that drugs be administered, but the patient does not
usually want or require a transport. Another example would be an accident, causing
trauma where firefighter/paramedics render substamial aid and administer medications
and use supplies and the victim is transported via helicopter to a trauma center in Dallas
or Ft. Worth. Presently, the City only recovers some of our costs to provide those
supplies and medications.
FISCAL INFORMATION
This new ordinance will enable the City to recover a greater portion of the actual costs of
providing emergency ambulance services and increase our expected revenues.
EXHIBITS
Section 27-102 of Article IV of Chapter 27 of the City's Code of Ordinances on
"Vehicles for Hire"
Existing Ordinance 2000-14
Emergency Ambulance Service Provider Survey
Ordinance
Respectfully Submitted:
Ross Chadwick, Fire Chief
Exhibit 1
See~ 27.102. Emergency set*ice provided by fire department; fee.
(a) The Rte department shall provide emergency an~Sulance service within the city.
(b) ~ city shall charge fees for emergancy ambu]ance $o~nd~ss ~ the city provided in
response to a call received by the fire department requesting the servia, and ~ fees ~li
be established by the city ceuncil and ~ file in the office of the city secretary.
(c) The ~ receiving emergency ambulance service and any person contractln_e for the
service s~ be responsible for payment of the fee. In the case of servlce rec~ved by a minor,
the parent or guardian of the minor shall be responsible for payment of the foe.
(Code 1966, § 26-66; Ord. No. 90.145, § I, 10-2-90)
Cross reference--Fire department generally, § 11-26 et seq.
ORDINANCE NO. a~gOO-d / ~/
AN ORDINANCE AMENDING, REP~ING AND REPLACING ORDINAN~ NO. 98-213
OF THE CITY OF DENTON, TEXAS, ESTABLISHING ~ES TO BE CHARGED FOR
EMERGEN~ ~ANCE SERVICES AND STANDBY E~RGENCY AMBLn~ANCE
SERVICES IN THE C~ AS PROVIDED FOR IN SEC. 27-102 OF ARTICLE W OF
CHAPTER 27 "VEHICLES FOR ~" OF '12~ CODE OF OP, DINANCES OF THE CITY
OF DENTON, TEXAS; REPEALING .~L ORDINANCES IN CONFLICT HERE~;
PROVIDING A SEVERABILITY CLAUSE; AN~D PROVIDING FOR .AN EFFECTrv~E
DATE.
~REAS, the City of Denton has analyzed and studied its fees for emergency
ambulance ~ces; and
W3IEREAS, the City of Denton should ~mte a cost-effective and efficient em~ency
medical se~iee; and
WHE~S, the City of Denton desires to m~tain its Health Care Finance
Administration (HCFA) M~od g4; NOW, THE~ORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION t. That ~nance No. 98-213, enacted by the City Council on Suly 28, !998,
is hereby amended, repealed and replaced by hereby appro~g and establishing the following
fees for emergency ambulance services in the City p~t to See. 2%102 of the Cede of
Ordinances as follows:
A basic transportation fee of ~ Hundred Dollars ($300.00) will be charged each
patient who is a resident of the City of Denton lmnsported from h~e scene of an
emergency to an appropriate medi~ care facility. In addition, a fee of Six Dollars
($6.00) per mile from the incident location to the receiving hospital will be charged..
A basic transportation fee of Three Hundred Seventy-Five Dollars ($375.00) will be
charged each patient who is a non-resident of the City of Denton transported from the
scene of an emergency to an appropriate medical care facility. In addition, a fee of Six
Dolla~ ($6~00) per mile from the incident !oc~on to the receiving hospital will be
charged.
3. Additional fees, ifincurred, shall be charged as follows:
$30.00 fee for bandaging/splinting.
$30.00 fee for cardiac monitoring.
c. $36.00 fee for cardioversion.
$60.00 fee for adminis~g Cardio Pulmonary l~u~tation (CPR).
$36.00 fee for defibrillation.
$36..00 fee for diagnostic 12qead EKG.
$12.00 fee for glucometer, blood sugar.
$36.00 fcc for pa~ing, nonqnvasive.
$30.00 fee for carrying a patient down sta~.
Fees for additional supplies, m~c~tion and/or disposal goods ~stexed to
each patient will be charged and billed Ln acco~ce with the schedule of prices
and charges attached to and made a pm of ~s ordinance for all purposes as
Exhibit "A".
Fees for additional supplies, medications and/or disposable ~ administered to
each patient who refuses transport or is transported by means other than a City of
Denton ambulance will be charged and billed in accordance with the schedule of
prices and charges attached to and made a part of ~s ordinance for all purposes
as Exhibit "A'.
~_2. That the City shall charge an Emergency Ambulance Standby feo of
Seventy-six Dollars ($76.00) per hour with a four (4) hour minimum for the uso of any City of
Denton emergency ambulance for standby at special events such as football games, rodeos,
concerts, etc. If any patient is transported, the other fee~ in the ordinane~ shall be charged as
incun~
S~CHON 3. That a copy of ~s schedule of fees and the annual medic~on and
of goods schedule of fees shall be maintained on file in the o~ce of the City Secretary.
SECTION 4, ~ alt ordinance or p~ ofo~ance in force when the provisions oft.his
ord~c~ become effective which arc inconsistent or in comqict with the terms or pro~sions
contained in this ord~ce are hereby repealed to the extent of any such conflict.
SECTIQN 5. That if any section, subsection, paragraph, sentence, clause, phrase, or
word in this ordinance, or application thereof to any person or cireurustane~ is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remai~ug
portions of this ordinance, the City Council of the City of Denton, Texas, hereby declares that
they would have enacted such remaiMng portions d~ite any such invalidity.
SECTION 6. That this ordinance shall become effective imm~ately upon i~ passage
and approval.
Page2 of 2
P~SED AND APPROVED ~s the
ATTEST:
~'NNIFER WAL~, CITY SECRETARY
APPROVED AS TO LEG~ FOR2vI:
HERBERT L. PROLrrY, CITY ATTO~Y
__ day of
EUL~E BR~ MAYOR
BY:
Page 3 of 3
EMS Ambulance Fee Survey
5/2002
JURISDICTION Provider Base Rate Base Rate Per Mile Itemize
Residents Non-Residents Charge Supplies
Denton Fire Dept $300.00 $375.00 $6.00 Yes
Addison Fire Dept $250.00 $250.00 None No
Allen Fire Dept $333.00 $396.00 $7.00 Yes
Arlington Private $695.00 $695.00 $8.25 Yes
Bedford Fire Dept $325.00 $500.00 None No
Carrollton Fire Dept $250.00 $310.00 $5.00 Yes
Cedar Hill Fire Dept $250.00 $300.00 $4.00 Yes
Cooke County City/County $450.00 $450.00 $5.00 Yes
Coppell Fire Dept $150.00 $225.00 None No
Dallas Fire Dept $320.00 $420.00 $7.00 Yes
Desoto Fire Dept $230.00 $300.00 $4.00 Yes
DFW Airport Fire Dept $350.00 $350.00 None No
Duncanville Fire Dept $250.00 $300.00 $4.00 Yes
Euless Fire Dept $250.00 $400.00 None Yes
Farmers Branch Fire Dept $225.00 $450.00 $5.00 No
Flower Mound Fire Dept $250.00 $350.00 None No
Fort Worth Private $530.00 $530.00 $6.00 Yes
Garland Fire Dept $250.00 $250.00 $4.00 Yes
Grapevine Fire Dept $200.00 $300.00 None No
Highland Park Fire Dept $350.00 $400.00 $7.50 Yes
Highland Village Fire Dept $150.00 $300.00 None No
Irving Fire Dept $250.00 $250.00 None Yes
Keller Fire Dept $375.00 $475.00 None No
Lake Cities Fire Dept $250.00 $350.00 None No
Lancaster Fire Dept $300.00 $350.00 $4.00 Yes
Lewisville Fire Dept $445.00 $556.25 None Yes
McKinney Fire Dept $330.00 $330.00 $7.00 Yes
Mesquite Fire Dept $241.00 $300.00 $3.29 Yes
Piano Fire Dept $330.00 $396.00 $7.00 Yes
Richardson Fire Dept $200.00 $300.00 None Yes
University Park Fire Dept $350.00 $350.00 $5.00 Yes
Wise County City/County $350.00 $350.00 $9.00 Yes
Austin City/County $495.00 $495.00 $7.00 Yes
Houston Fire Dept $450.00 $450.00 $7.50 Yes
Lubbock City/County $659.00 $659.00 $7.00 No
Odessa Fire Dept $375.00 $375.00 None Yes
San Angelo Fire Dept $295.00 $395.00 $4.20 No
San Antonio Fire Dept $300.00 $400.00 $4.00 Yes
AVERAGE 84% Fire $325.00 $385.00 63% Yes 68% Yes
16% Other $5.74 32% No
14% None
Denton Proposed Fire Dept $400.00 $475.00 $9.00 Yes
S:\Our Docmments\Ordinances\02\ambulance service f~es.doc
ORDINANCE NO.
AN ORDINANCE AMENDING, REPEALING AND REPLACING ORDINANCE NO. 2000-
214 OF THE CITY OF DENTON, TEXAS, ESTABLiSHiNG FEES TO BE CHARGED FOR
EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE
SERVICES iN THE CITY AS PROVIDED FOR IN SEC. 27-102 OF ARTICLE IV OF
CHAPTER 27 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SEVERABiLiTY CLAUSE; AND PROViDiNG FOR AN EFFECTIVE
DATE.
WHEREAS, the City of DeNon has analyzed and studied its fees for emergency
ambulance services; and
WHEREAS, the City of Demon should operate a cost-effective and efficiem emergency
medical service; and
WHEREAS, the City of DeNon desires to maintain its Health Care Finance
Administration (HCFA) Method #4; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Ordinance No. 2000-14, enacted by the City Council on June 20,
2000, is hereby amended, repealed and replaced by hereby approving and establishing the
following fees for emergency ambulance services in the City pursuant to Sec. 2~102 of the Code
of Ordinances as follows:
A basic transportation fee of Four Hundred Dollars ($400.00) will be charged each
patient who is a resident of the City of Denton transported from the scene of an
emergency to an appropriate medical care facility, in addition, a fee of Nine Dollars
($9.00) per mile from the incidem location to the receiving hospital will be charged.
A basic transportation fee of Four Hundred Seventy-Five Dollars ($475.00) will be
charged each patiem who is a non-residem of the City of DeNon transported from the
scene of an emergency to an appropriate medical care facility, in addition, a fee of Nine
Dollars ($9.00) per mile from the incidem location to the receiving hospital will be
charged.
A $100.00 care delivered fee will be charged for calls requiting administration of an
intravenous solution (iV) and/or one (1) medication without transport to a medical
facility.
A $200.00 care delivered fee will be charged for calls requiring administration of an
intravenous solution (IV) and one (1) medication, plus one or more treatments including
S:\Our Docmments\Or dinances\02\ambulance service f~es.doc
but not limited to, specialized airways, chest decompression,
medications without transport to a medical facility.
Additional fees, if incurred, shall be charged as follows:
and/or additimal
a. $45.00 fee for bandaging/spliming.
b. $45.00 fee for cardiac monitoring.
c. $45.00 fee for cardioversion.
d. $80.00 fee for administering Cardio Pulmonary Resuscitation (CPR).
e. $45.00 fee for defibrillation.
f. $45.00 fee for diagnostic 12-lead EKG.
g. $20.00 fee for glucometer, blood sugar.
h. $45.00 fee for pacing, non-invasive.
i. $50.00 fee for carrying a patient down stairs.
j. Fees for additional supplies, medications and/or disposable goods administered to
each patient will be charged and billed at twenty percem (20%) over the cost charged
to Denton Fire Department for said supplies.
k. Fees for additional supplies, medications and/or disposable goods administered to
each patient who refuses transport or is transported by means other than a City of
DeNon ambulance will be charged and billed at twenty percem (20%) over the cost
charged to the Denton Fire Department for said supplies.
1. A fee of $25.00 will be charged for each medical records request made by attorneys'
offices or other agency which requires an affidavit.
SECTION 2. That the City shall charge an Emergency Ambulance Standby fee of One
Hundred Dollars ($100.00) per hour with a four (4) hour minimum for the use of any City of
Denton emergency ambulance for standby at special events such as football games, rodeos,
concerts, etc. If any patient is transported, the other fees in the ordinance shall be chaged, to the
patient, as incurred.
SECTION 3. That a copy of this schedule of fees and charges shall be maimained on file
in the office of the City Secretary.
Page 2 of 3
S:\Our Docmments\Or dinances\02\ambulance service f~es.doc
SECTION 4. That all ordinance or parts of ordinance in force when the provisions of this
ordinance become effective which are inconsistem or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase, or
word in this ordinance, or application thereof to any person or circumstance is held invalid by
any court of competem jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, the City Council of the City of Demon, Texas, hereby declares that
they would have enacted such remaining portions despite any such invalidity.
SECTION 6. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of ,2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 3 of 3
Agenda 02-024 08/06/02 #15
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM:
August 6, 2002
City Manager's Office
Mike Conduff, City Manager
SUBJECT
Consider appointmems to City's Boards and Commissions.
BACKGROUND
Attached for Council approval is the list of board and commission nominations submitted by Council.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
Board Council Member Nomination
Airport Advisory Board Phillips Rick Dugan
McNeill Edward Adcock
Montgomery Ronald Keaton
Brock Mark Hannah
Animal Shelter Advisory Board Redmon Trisha Barfington
Fulton Ralph Thomas
Montgomery Lisa Zottarelli
Burroughs Harriet Aronson
Community Development Adv. Cmte. Phillips Sondra Ferstl
Montgomery Edward Touraine
Brock Jorge Urbina
All - 2 positions Barbara Stinnett
Will Taylor
Construction Adv. & Appeals Board Fulton
McNeill Alan Nelson
Historic Landmark Commission Fulton Rod Reeves
McNeill Elise Ridenour
Brock Bob Ralph
All- 1 position Steve Johansson
Human Services Advisory Committee Fulton Bettye Myers
McNeill Jean Hinojosa
Burroughs Jodi Vicars-Nance
All - 2 positions Teri Rheault
Lovie Price
Library Board Phillips Eva Cadwallader
McNeill Lori Wolfe
Brock Teresa Starrett
Parks, Rec. and Beautification Board Fulton Brandon Barnes
Phillips Dale Yeatts
McNeill Geri Aschenbrenner
Planning and Zoning Commission Phillips John Johnson
Montgomery Vicki Holt
Burroughs Joe Mulroy
Public Utilities Board McNeill George Hopkins
TMPA All George Hopkins
Traffic Safety Commission Redmon Connie Baker
Fulton Barry Walters
Burroughs Lelia Howell
All - 2 positions Silvia Lesko
Geof Bissell
Zoning Board of AdJustment Fulton
Montgomery Bob Manning
Agenda 02-024 08/06/02 #16
AGENDA INFORMATION SHEET
AGENDA DATE: August 6, 2002
DEPARTMENT: Legal Department
CM/ACM:
Herbert L. Prouty, City Attorney
SUBJECT:
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor of the
City of Denton, Texas to execute a partial release of covenants and restrictions, together with
any and all additional documents as is appropriate and as deemed necessary by the City
Attorney, evidencing the partial release, solely by the City of Denton, Texas, of those certain
covenants and restrictions that run with the land and burden that certain real property conveyed
by the city, only, by Special Warranty Deed, dated January 15, 1988 unto Flow Regional
Medical Center, Inc.; and providing an effective date.
BACKGROUND:
The present record owner of the former Flow Memorial Hospital, through its title company,
requests that the City partially release the hospital tract from the covenants and restrictions
contained in the Special Warranty Deed, dated January 15, 1988, filed January 15, 1888, and
recorded in Volume 2309, at Page 472 of the Real Property Records of Denton County, Texas.
The Partial Release of Covenants to be considered by the City Council in no way releases any
other security held by the City, including without limitation, the Security Agreement by and
between the City, Flow Healthcare Foundation, Inc. and the Wells Fargo Bank, N.A., dated
February 16, 1993, and all funds and other assets held pursuant thereto.
RECOMMENDATION:
The underlying and related transactions and all relevant bankruptcy and legal documents
affecting title since January 1988, have been reviewed and examined by the City Attorney's
office, which believes the request is well-taken and has accordingly prepared the Partial Release
of Covenants. The City Attorney recommends approval of said partial release, and the execution
of same by the Mayor.
[More information on this item will appear in the City Council's confidential Status Report on
Friday, August 2, 2002.]
PRIOR ACTION/REVIEW (CounciL Boards, Commissions)
None.
FISCAL INFORMATION:
No financial impact to the City.
EXHIBITS:
1. Ordinance
2. Partial Release of Covenants
Prepared by:
Michael S. Cop l~nd
Utility Attorney
Resp , ?
Ed Snyder {t /
Deputy City All,to~ey
S:\Our DocumentsWliscellaneous\02\080602 City Council Agenda Memo re Flow PTL.doc
ORDINANCE
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHOR}ZING Tf:[E MAS;OR" OF
THE CITY OF DENTON, TEXAS "FO EXECUTE A PARTL~L RELEASE OF CO~ VENANTS"
AND RESTRICTIONS, TOGETHER WITH ANY AND ALL ADDITIONAL DOCUMENTS AS
IS APPROPRIATE AND AS DEEMED NECESSARY BY THE CITY ATTORNEY,
EVIDENCING THE PARTIAL ~LEASE, SOLELY BY THE CITY OF DENTON, TEXAS OF
THOSE CERTAIN COVENANTS AND RES FRICTIONS THAT RUN WITH TllE LAND AND
BURDEN THAT CERTAIN' REAL PROPI!RTY CONVEYED BY THE CITY, ONLY, BY
S ECIAL WARRANTY DEED, DATED JANUARY 15, I988 UNTO FLOW REGIONAL
MEDICAL. CENTER, ~rC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, thc present owner of that certain real prope~Iy described in Special Warranty
Deed conveyed by tire City of Denton, Texas, et al on January 15, 1988, has recently requested that
the City of Denton, Texas partially release those covenants m~d restrictions that burden the real
property described in said deed; and
WItEREAS,~ '~ ~ a thorough leg:al title examination has been performed respecting the requested
pa~ial release of such covenants and restrictions by tlhe City's attorneys; and all tele' v'ant facts,
including the examina, tion o£ rlegotiations, bat!M-uptcy orders, bankruptcy plans of reorganization,
the payn~ent of the City's bankruptcy claims, the status of escrow agreements, and other instruments
aftbcting title, have been reviewed to tlhe satisfaction of the City; and
'WHEREAS, it appears that the present owner's request for a pa~iat release of covenants and
restrictions :ils well-taken, and that this Partial Release of Covenants does not otherwise affect the
remaining security held by the City regarding the underlying obligations, m'~d in p.a~icular; without
limitation, by the Escrow Agreement, and all moneys held pursuant thereto, by and between tlhe
City of Denton, Texas, Flow Healthcaxe Foundation, lnc. and Wells Fargo Bank, N.A., dated
February 16, il 993; NOW, THEREFORE,
'THE COUNCIL OF THE CITY OF DENTON }.~tEREBY' -' ORDAINS:
SECTION t, That the iMayor of the City of Denton, Texas, or in her absence, the Mayor
Pro-Tern, :is hereby authorized to execttte, on behalf of the City of Den.ton, a "Partial Release et~
Co enants, a copy of which document is atlached hereto and incorporated by reference iherein;
along with any other additional documents as a.re appropriate, and as deemed necessary by the City
Attorney to effect the pa~ial release of covenants and restrictions regarding tt~e realty described in
the aN ~ e~descnbed Special Warranty Deed as to the City of Denton, only.
SECTION 2,
approval.
This ordinance shall become effective immediately upon its passage .and
PASSED AND APPROVED this the .................. day of
,200Z
EX14IB IT 1
EULINE. BROCK," ~ MAYOR
ATTEST:
JENNIFER WALTERS, CITY ~ EL:RE~I AR'~
By;
APPROVED AS 7FO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
S:",Om' t)o< ttmen/s',C)rdinances'02'Flov,,' Reg Meal (?i~~ Inc ~ P!l ReJ ~>1' Coy a!~d le, cstr as to I iosp I'racl ()nly 2002.doc
PAGE 2
WIIEREAS~ by Special Warranty [)ccd~ dated .lan[iary I5~ I988. ;iSled January 15, tgSS~
and recorded at V<)Iu~ne 23(% Page 472 o{' ~i~(? Rca] Property Records of [)c~Ron (7ountv, Texas
(thc"Deed"} rise (ilvofDcnton~ [exas ct a,as (]ranlors, convcycd to Plow Rcgk)na~'Med~ca/
Ccntcr~ hx;~ as Grantee (hcrca~izcr ~Tbw*"}. ~.}~ ~hat certain properV situated and k)ca~cd in ibc
(~it} o~' Dcntom Dentont." oumv~l,. Texas:. 'bei~ s( mole particular]v~ described as shown o,n Exhibi1
WttEREAS. the Dccd contai~cd cc'mils covenants and restrictions (thc "Covenants"}
which cncumlocrcd thc Propcrl:y. and whid'~ covenants rm'~ with {he land, 'Fhcsc ('ovenants wcrc
thoro/n, The Secured Party in said Dod was !ho City oF Dcm, on Texas, The Securil. v
,&54rcement has :nor ye{ boon released; and
WI1EREAS. Ibc City of Dcr'~ton, ['cx~'.s, as thc Sccln'cd Parts~ ires aglccd 1o re/ease onl'v
the Proper'%, described hereinabo'vc, but not rdcasc or af[~cl an} other rights, ch;liras, in!crests
Security A.?,reement is fully rclcascd;
WIiIREAS~ F'I(>,x and thc (ity Denton, Texas h]tcnd [hat thc funds that arc
rcprcscrned by thc Security Agreement, arid ield pursuant thereto, st'tail be maintained bi' Walls
Fargo I3ank, N.A~ as }{set'os Agent, pulsumt 1o the }iscrov, Agreement
prcccd, hil?, paragraph, tbr l:hc purposes of pro~ iding finthcr sccuri% {o thc ('ity oi [)cntom I'exxs;
and
NOW t'IiI{:lREt'()RI!, in considcr;~iio ol:'t/~c sum ofTEN iS (),O0) D()I..I.:xRS mxt o{lum"
?ood and ',aluablc co '~s c eratiom thc receipt mx_I sut!ficicnc} oi ~xhich are 'x~reb} acI<.no~lcdscd,
thc(it:5 ol Denton, !cxasl~asi~Ei~ElS[[) i-ERMINATEDand [)IS(Ti:IAR('i[}/A andb} fix:sc
~ I E and D SCI i.%R(]I /he lscrcirmbove described
prcsc'~s docs hcrcb~ RI:I./:iASE, ' " '
i ~ope~t./ i}~on] l:h( (i~-~c lanis
1t is expressly asrccd and und<rs, oo '~ {hat this is a partial release o~ly, which releases
onl} tl~e abo',e described Propcrl:y from Ibc ~ o'~cnants crcated in the Deed, This Partial R. clease
of (i)','emmts si]ali hs no v, isc release, a!Tc(l:, or impair an} other claims, risl/ts, or stet(sis, if
any other in ,:~cst in prol)c~ty~ I~ow ov~nod by l"lov% which arc
ur ii} grecn~ic~t.
C I' 'Y OF DENION, 'I"i}{XAS
A Tcxa, s M unicipal (brporation
hR, S,
E [ ] k I N t t!} ROCt<, M a},o r
i}Y:
~t P P R() V i/( D A S "( ) i, i G A L F O R M;
(()liNTY OF DENTON
.]()02~ b,y EU'I.INE BR<)(K. h,'la}or oi thc City ol~ Denton. Tcxa~.~ on its
Pu,,/c 2 o :[ 12
Agenda 02-024 08/06/02 #17
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
August 6, 2002
Police
Jon Fortune, Assistant City Manager, Public Safety and Transportation
SUBJECT
Hold a public hearing inviting citizens to commem on the proposed usage of the 2002 Local Law
Enforcemem Block Gram funding.
BACKGROUND
On June 26, 2002, the Police Department received approval of the FY 2002 Local Law
Enforcement Block Grant from the Federal Office of Justice Programs in the amount of $38,942,
with a required local match of $4,327.
Prior to the actual receipt of the funds, the Departmem must hold at least one public hearing
regarding the proposed use of the funds. Additionally, an advisory board that includes
represematives of groups with a recognized imerest in criminal justice and crime or substance
abuse prevention and treatment must be established to review the application and make a non-
binding recommendation for the use of funds. The Board must include represematives from the
local law enforcemem agency, local prosecutors office, local court system, local public school
system, and a local nonprofit group active in crime prevention or drug use prevention or
treatment.
Funding can be used for the following purposes related to law enforcemem:
(1) the employmem of officers or support personnel;
(2) overtime pay of officers and support personnel;
(3) equipmem, technology, and other material directly related to basic law enforcemem
functions;
(4) enhancing security measures in and around schools or other locations considered a
special risk for incidems of crime; or
(5) establishing crime prevemion programs.
At this time, the Departmem imends to use the funding for the purchase of equipmem,
specifically a travel trailer that will be converted for use as a mobile command post equipped
with communications, surveillance and computer technology, and other tactical and field
operations equipmem. The command post will be applicable at a variety of situations including,
but not limited to, community events that require a significant number of police officers, tactical
and other critical incidems, and crime scenes that require lengthy processing or special
operations and equipment.
PRIOR ACTION/REVIEW
The required local match is included in the proposed FY 2002-03 budget.
was submitted, the Advisory Board had not met.
FISCAL IMPACT
The funding for this program is as follows:
Federal Contribution
City Contribution
$38,942
4,327
Total 43,269
At the time this report
Respectfully submitted,
Prepared by:
Charles Wiley
Chief of Police
Joanie Housewright
Captain
Support Services Division
Agenda 02-024 08/06/02 #18
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
August 6, 2002
Planning Department
David Hill, 349-8314
SUBJECT - SD02-0002 (Denton Crossing)
Hold a public hearing to consider adoption of an ordinance creating a Special Sign District
on approximately 54 acres of land in a Regional Center Commercial Downtown (RCC-D)
zoning district. The site is located at the southwest comer of Loop 288 and Brinker Road
intersection. The proposal is to create a Special Sign District for the entire tract that includes
six lots. The Planning and Zoning Commission recommends approval (4-1).
BACKGROUND
Applicant: Hunt Properties Dallas, Texas
The applicant is proposing the creation of a Special Sign District for the proposed Denton
Crossing retail development. Subchapter 15 of the Development Code, authorizes the
Planning and Zoning Commission to make a recommendation to the City Council if it finds
that the five criteria (Attachment 1) are met and that the proposal is "clearly superior" to
what would be permitted without the plan.
Staff has received 3 responses in favor and no opposition to the request from property owners
within 200 feet of the subject site.
OPTIONS
1. Approve as submitted.
2. Approve with conditions
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the special sign district as
proposed by the applicant (4-1). (Joe Roy opposed, Bill Keith and Vickie Holt absent)
ESTIMATED PROJECT SCHEDULE
The subject property is platted. The next step is the issuance of building permits.
PRIOR ACTION/REVIEW
The following is a chronology of SD02-0002, commonly known as Demon Crossing:
Application Date -
P&Z Date -
Neighborhood Meeting-
June 11, 2002
July 10, 2002
None
FISCAL INFORMATION
Developmem of this property will increase the assessed value of the city.
short-term public improvemems that are the responsibility of the city.
It will require no
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map)
4. Special Sign District Site Plan
5. Special Sign District Sign Elevations
6. Applicam's Analysis
7. Planning and Zoning Commission Minute, July 10, 2002
8. Ordinance
Prepared by:
Deborah Viera, AICP
Planner II
Respectfully submitted:
Douglas S. Powell, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary_ of Request
The applicant is proposing the creation of a Special Sign District. Subchapter 15 of the
Development Code, authorizes the Planning and Zoning Commission to make a
recommendation to the City Council if it finds the five criteria are met and that the proposal
is "clearly superior" to what would be permitted without the plan. The ordinance states:
The council may approve the creation of a sign district for any property which
has more than three hundred (300)feet of continuous street frontage on one (1)
public street if it finds the district:
(1) Provides a comprehensive plan for signs that would be clearly superior to
what wouM be allowed without the plan;
(2) Would be compatible with surrounding properties. In considering whether a
district and sign plan is "compatible" and "clearly superior", the
commission and council shall consider, but are not limited to considering
the following:
1. Scale. The relationship between and compatibility of sign scale, site
scale and the scale of nearby buildings.
2. Color. The relationship between and compatibility of sign color to the
color of nearby buildings and landscaping: The degree to which sign
colors are complimentary to its surroundings.
3. Material The materials of the signs and how they relate to their
surroundings.
4. Shape. The shape and design of the signs and how they relate to their
surroundings.
5. Landscaping. The relationship of signs to landscaped features in and
outside the district.
6. Traffic Safet~ and Traffic Circulation. The impact of the signs on
driver's view, the degree to which view obstructions are created or
improved, avoidance of confusion with or obstruction of traffic control
signs and devices, and the time it takes a motorist to read the sign.
7. Illumination. The impact and compatibility of sign illumination within
the district and in relation to neighboring properties. The avoidance
of glare and light pollution.
8. Integration. How the signs in the district are integrated into a unified
development concept with the topography, building design, other signs,
landscaping, traffic circulation and other development features on the
district and nearby property.
(3) Is not being used merely to avoid or gain a variance of the sign regulations;
(4) Does not violate the spirit or intent of the sign regulations; and
(5) Complies with the requirements of this for a special sign district.
3
Existing Condition of Property_
Property History. February 20, 2002 - The subject property was placed in the Regional
Center Commercial- Downtown (RCC-D) by Ordinance 2002-040.
Prior to the adoption of the Development Code, this property was zoned Light Industrial
(LI).
Adjacent zoning. North: Employment Center-Commercial (EC-C) and Regional Center
Commercial-Neighborhood (RCC-N) (across Spencer Road)
South: Regional Center Commercial-Neighborhood (RCC-N) and
Regional Center Commercial-Downtown (RCC-D) (across
Loop 288)
East: Regional Center Commercial-Neighborhood (RCC-N) (across
Loop 288)
West: Regional Center Residential 1 (RCR-1) and Regional Center
Commercial-Neighborhood (RCC-N)
The subject property has an odd configuration providing frontage along 3 thoroughfares,
Loop 288, Spencer Road, and Brinker Road. An existing off-site ground sign (billboard)
located on the premises will be removed.
Sign District Plan Analysis
The subject site is located within a "Regional Mixed Use Center" future land use area.
Regional Mixed Use Centers are intended to contain the shopping, services, recreation,
employment and institutional facilities supported by and serving an entire region. A regional
activity center could contain developments such as a regional shopping mall, big box retail,
superstores, restaurant and entertainment facilities, a high school or community college, and
high-density housing.
Staff's analysis for the Special Sign District requires the review of the criteria stated in the
ordinance and reiterated in the summary above. The requirement or criteria is underlined, the
initial response is taken from analysis provided by the applicant (Attachment 6) and then
followed by a Staff finding:
The council may approve the creation of a sign district for any property_ which has more
than three hundred (300) feet of continuous street frontage on one (1) public street if it
finds the district.
Staff finding:
The subject property has approximately 2,703 feet of street frontage along Loop 288,
2,191 feet of street frontage along Spencer Road, and 1,840 feet of street frontage along
the proposed extension of Brinker Road.
Provides a comprehensive plan for signs that would be clearly superior to what would be
allowed without the plan;
· A site plan and proposed sign district ordinance have been prepared by the applicant
(Attachment 4).
· A comparison of what is proposed to what is permitted by the sign ordinance is
shown in the following tables:
4
Based on Street Frontage
Permitted Max. Height ~ ~ig~ Maximum Size
Permitted by ~ ~ted ~ ~ig~
~ ~ta~ by Re~te~ Permitted ~ ~ te~ Ordinance per Sign
by Ordinance
Ordinance
~Monu~nt~ft ~Mo en ~ q. ft
~f~
~onument at ~ ~ Monment = 200 sq.
~fe~ 6Si~s Mo nt 30feet ~Mo n at~ ft. nt~ ~q. ft ac~
~ t~t fe~ 5 Si~s ~ Mon~ ~ 6 Feet ~ M ~e~ ~ at ~ ~ Mon~ent = 60 sq. ~ q. ft ~
~at~ igonu~nt i~ q. ft
i 84~ fe~ 4 Si~s ~Mon 6 Feet
parlso~
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Staff Finding:
The applicant's proposal would decrease the number of proposed signs along Spencer
Road but is proposing four additional signs along Loop 288 and one additional sign along
Brinker Road. Additionally, the total square footage of signs and height increase with the
applicant's proposal.
3. Would be compatible with surrounding properties.
Staff Finding:
Within the surrounding area, there is a variety of building and sign styles and materials.
The applicant is proposing a consistent use of material, color, and architecture features
for all proposed signs.
In considering whether a district and sign plan is "compatible" and "clearly superior", the
commission and council shall consider, but are not limited to considering the following:
Scale. The relationship between and compatibili _ty of sign scale, site scale and the scale
of nearby buildings.
Staff Finding:
The subject site is a 54 acre tract of land where approximately 480,000 square feet of
retail and restaurant uses are proposed. The proposed development provides a mixture of
small retail shops and "big box" retailers.
Three developments, Wal-mart Super Center, Oak Tree Plaza, and Racetrac Gas
Station/Convenience Store, are located across Loop 288. Only Oak Tree Plaza
5
development displays a monument sign. The other two developments use typical pylon
signs to advertise their tenants. The Wal-mart Super Center could be classified as a "big
box "retailer and the Oak Tree Plaza is a retail strip mall.
Color. The relationship between and compatibili _ty of sign color to the color of nearby
buildings and landscaping: The degree to which sign colors are complimentary_ to its
surroundings.
"The design of the signage is consistent sign to sign using the same colors that are
planned for the architecture of the buildings. The proposed landscape plan, presented
previously to the City anticipates low color plantings at the base of the signs that would
be integrated into the overall landscape design."
Staff Finding:
The proposed monument signs will compliment the proposed buildings of the subject
development, meeting this requirement.
6. Material. The materials of the signs and how they relate to their surroundings.
"The design of the signage is consistent sign to sign using the same materials that are
planned for the architecture of the buildings."
Staff Finding:
All monuments signs are proposed to be made of simulated stone veneer displaying
individual tenant signs. The size of each individual tenant sign will vary according to the
size of the monument signs and the number of tenants displayed.
7. Shape. The shape and design of the signs and how they relate to their surroundings.
"The monument signs also reflect a similar rectangular nature of the buildings and thus
have similar shape."
Staff Finding:
Signs proposed would be of standard geometric shapes that are comparable to other signs
throughout Denton.
8. Landscaping. The relationship of signs to landscaped features in and outside the district.
"The proposed landscape plan, presented previously to the City anticipates low color
plantings at the base of the signs that would be integrated into the overall landscape
design."
Staff Finding:
The applicant is proposing to locate the monument signs in landscaped beds.
6
Traffic Safety and Traffic Circulation. The impact of the signs on driver's view, the
degree to which view obstructions are created or improved, avoidance of confusion with
or obstruction of traffic control signs and devices, and the time it takes a motorist to read
the sign.
The specific layom of each sign will abide by the City's setback requiremems, and their
proposed positions have been identified so as to promote Traffic Safety and Traffic
Circulation."
Staff Finding:
The locations of all proposed monumems signs are according to the sign location
requirements.
10. Illumination. The impact and compatibility of sign illumination within the district and
in relation to neighboring properties. The avoidance of glare and light pollmion.
"Each sign, except for signs number one (#1) has been planned for imemal illumination
consistem with a commercial developmem of this type."
Staff Finding:
No language related to prevemion of light pollmion or lighting standards has been
added to the signage plan. Clarification in this regard may be necessary.
11. Integration. How the signs in the district are integrated into a unified development
concept with the topography, building design, other signs, landscaping, traffic circulation
and other developmem features on the district and nearby property.
Refer to Items 5, 6, and 7 for the applicant's response.
Staff Finding:
The applicam has imegrated the architecture features of the proposed buildings imo the
design of the monumem signs.
12. Is not being used merely to avoid or gain a variance of the sign regulations;
Staff Finding:
Eleven sign variances would be necessary for the approval of the signs as proposed by
the applicant.
13. Does not violate the spirit or imem of the sign regulations; and
The spirit and intent of the sign regulations is to regulate signs according to type, number,
size, setback, classification and height. The "spirit" of the ordinance, as noted on the
ordinance at the time of adoption stated "WHEREAS, the City Council of the City of
DeNon finds that the use of signs and other omdoor advertising devices and structures, if
unregulated, can, because of their number, placemem, and characteristics, adversely
affect property values; aesthetically damage the overall environmem; create an
7
unfavorable business climate which hampers attempts to attract and retain desirable
commercial and business enterprises; and foster conditions that lessen the enjoyment and
desirability of the City of Denton as a place in which to visit, live and work."
Staff Finding:
The proposed special sign district will regulate signs according to number, size, and
height.
14. Complies with the requirements of the ordinance for a special sign district.
Staff Finding:
All submittal requirements of the Special Sign District have been met. This section of the
ordinance allows the Planning and Zoning Commission to recommend and the City
Council to impose appropriate conditions concerning the placement, design or use of
signs in the district in order to protect surrounding properties, the community, and
comply with the intent of the sign ordinance.
8
ATTACHMENT 2
Maps
NORTH
Location Map
%****
O~lk Tree
Scale: None
9
ATTACHMENT 3
Public Notification
NORTH
Notification Map
Public Notification Date: June 29, 2002
200' Legal Notices* sent via Certified Mail: 17
500' Courtesy Notices* sent via 1st Class Mail: 20
Number of responses to 200' Legal Notice
· In Opposition: #0
· In Favor: #3
· Neutral: #0
Percent of land within 200' in opposition: 0 %
Scale: None
copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
]0
m ·
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Attachment 5
1~'-~' 60 SF
ENTRANCE SIGN
SCALE: 3/16' - 1'-0'
DENTON CROSSING
DllgrOl~, ~
HUNT PROPERTIES
/ O'BRIEN & ASSOCIATES, INC. ..,.S.. I, LG,~N ~1
N:ICNITEO~ · INTERIOR8 · ~~ ~- .~^~r~ ~v,,,~
DENTON
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT TENANT
TENANT
CAP & TFaM
~NI3UAL CHAFa~
~ 8TONE VENEE~
~i~IVDUAL TENANT
¢10) TEN
8'-0'x 10'-0'
PAI~ELS
CONCRETE BASE
547 SF
MONUMENT SIGN
SCALE, 3/16' - 1'-0'
DENTON CROSSING
HUNT PROPERTIES
O'BRIEN & ASSOCIATES, INC. SIGN
ARCI'ITEC~ · INTEFIIOR$ · ~ ~ ~',
~ ~ ~ ~' ~" ~ ........ ~ ~ ~ -~ -~~~r--__~
--~ RESTAURANTL-"
_- ~:~
iNDIVIDUAL TENANT SIGN
.... , .... ~ . PAINTED C~ BA8E
t~'-a' 60 SF
MONUMENT SIGN
SCALE, 3/16' - 1'-0'
DENTON CROSSING
HUNT PROPERTIES
// /{2) TWO
TENANT ~
/81M. 8TONE VEI, aEE~
~.. IND[VlDU~J. TENANT 8leNS
..-- PANTED
,,... CONCRETE BA~3E
MONUMENT SIGN
SCALE, 3/16' - 1'-0'
96 SF
DENTON CROSSING
HUNT PROPERTIES
ffBRIEN & ASSOCIATES, INC.
ARGHITEOTURE · ~rEl;l~8 J PLANNlYQ
SIGN 4
TENANT TENANT
TENANT TENANT
TENANT TENAN~
TENANT TENANT
t~'-~' 100 SF
MONUMENT SIGN
SCALE, 3/16' - 1'-0'
DENTON CROSSING
DglqTOl~l, ~
HUNT PROPERTIES
O'BRIEN ~ ASSOCIATES, iNC.
ARCHrl~OTUR~ INTE]:IK~8 · PLANNi~K~
SIGN 5
ONE
TENANT r TENANT-.-=:
,..~ TWO
I-7" x 4'-0'
PANEL8
P/LelTED CONC,,RETEBASE
MONUMENT SIGN
SCALE, 3/16' - 1'-0'
95 SF
DENTON CROSSING'
DSlVrOI~, TEXAS
HUNT PROPERTIES
O'BRIEN & ASSOCIATES, INC.
ARCHm;GTURE · INTE~OFI8 · ~
SIGN 6
E1FS CAP & TRIM
tNDIVIOUAL CHANNEL
LETTERS PIN MOUNTED
SIM. STONE VENEER
INDIVIDUAL TENANT S1GNS
(1) ONE
6'-O'x
PANEL
(2) TWO
$'-O'x 10'-0'
PANELS
EIFS HEADER
~INTED
CONCRETE BASE
MONUMENT SIGN
SCALE: 3/16"- 1'-0"
410 SF
DENTON CROSSING
DENTOlq, TEXAS
HUNT PROPERTIES
O'BRIEN & ASSOCIATES, INC.
ARCHITECTUFIF: ~' INT~=R~ORS " PLANNING
SIGN 7
TENANT
EiFS CAP & TRIM
PANELS
SIM. STONE VENEER
INDIViDUAL TENANT SIGN
PAINTED
CONCRETE BASE
MONUMENT SIGN
SCALE, 3/16"= 1'-0"
I.~_ 96 SF
DENTON CROSSING
DENTON, TE~$
HUNT PROPERTIES
/
O'BRIEN & ASSOCIATES, INC.
ARCHITECTURE - INTERIORS . PLANNING
SIGN 8
June 28, 2002 (Revised)
Ms. Donna Bateman
Assistam Building Official
City of DeNon
221 N. Elm Street
Denton, TX 76201
Re:
Special Sign District
Denton Crossing Shopping Center
Denton, Texas
Dear Ms. Bateman:
Thank you for taking the time to visit with me, Allen Bussell and Richard Nordyke
yesterday, regarding our proposed monumem signage for the DeNon Crossing project.
We are enclosing ten (10) copies of the Sign Plan and elevations of each sign we wish the
City to consider. Saliem facts for your consideration, we believe to be, are as follows:
a)
b)
c)
Development Size:
Number of Proposed Signs:
Total Frontage along Loop 288,
Brinker Road and Spencer Road
480,000 SF retail space; 50.4 acres
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6,734 L.F. (Revised)
As we stated in our meeting, Hunt Properties will write deed restrictions for all outparcel
signage and will enforce the designs you see presemed, herein.
We believe that the number and size of the proposed signage is the minimum amount
required to properly advertise and inform the Cemer's customers of the services being
offered and their proximity within the developmem. We believe that the design that is
being proposed is at the proper scale and will complemem the balance of the developmem.
The design of the signage is consistent from sign to sign using the same materials and
colors that are planned for the architecture of the buildings. The monumem signs also
reflect a similar rectangular nature of the buildings and thus have similar shape. The
landscape plan, presemed previously to the City amicipates low color plamings at the
base of the signs that would be imegrated imo the overall landscape design. The specific
layout of each sign will abide by the City's setback requiremems, and their proposed
Ms. Donna Baeman, City ofDenton
Special Sign Dis~ict
June 28, 2002
Page 2
positions have been identified so as to promote good Traffic Safety and Traffic
Circulation. Each sign, except for the sign number one has been planned for internal
illumination consistent with a commercial development of this type. We believe the
design is consistent with the character of the improved Loop 288 and Spencer Roads and
the new Brinker Road segment and will be superior to other sign designs that would be
allowed under the City Code.
Thank you for your kind consideration.
Respectfully Submitted
Hunt Properties
Kevin Caldwell
Vice President
file: H: Hunt: 20230: 8Docs: Letters: bateman.062802(revised)
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Page 65
COMMISSIONER RISHEL: That will bring us to
Item No. 10 on our Agenda. And Ms. Viera will present.
MS. VIERA: Deed evening, Commission and
Chairman. Hunts Property is proposing a sign district for
the proposed development known as Denton Crossing. I'm
sure that this Colnmission is familiar with this
development and the location of the site. This site I
showed on the map having frontages along Brinker Road,
Spencer Road and Loop 288.
According to Subchaptcr 15 oft he
Development Code, the purpose of a sign district is to
allow property to deviate from their sign reguhtion if a
qualifying property has an alternate Comprehensive Plan
that is clearly superior to what could be accomplished
under the standard regulations.
Chapter 15 also establishes the development
with frontage of more than 500 feet along freeways,
arterial or collectors are entitled to have five
additional ground signs per each 500 feet of frontage.
In page 5 of your backup, you have a chart
that provides a comparison between what is proposed and
what is allowed under the standard regulations. Overall,
the applicant is asking for three things, two additional
signs. Four of the proposed signs exceed the maximum
height, and five of the proposed signs exceeds the maximum
Page 66
effective area. Staff is available to answer any question
that you may have. I believe the applicant is here to
present to you.
COMMISStONERRISHEL: would you clarify for
us the -- what we were asking for -- just for our audience
and what they have asked for height-wise and then the
other criteria.
MS. VIEVaX: They're asking for two
additional signs. They're entitled to have 15 signs.
They're asking for 17. Four of the proposed signs exceeds
the maximum height, l.,~t me get it for you. Along Loop
288, there are two signs that exceeds thc maximmn height.
Along Spencer Road there's no problem with
the height. And along Brinker Road, the lrmximum height is
six feet, and we're having, I believe, three signs that
exceeds the maximum height. Five of the proposed signs
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Page 67
COMMISSIONER R[SHEL: conunissioner Powell,
do you have a question of staff?
COMMISSIONER POWELL: uh-hutL You caught
me with an ice cube. I'm sorry.
COMMISSIONER RISHEL: I'm sorry. I did not
-- I wasn't sensitive enough.
COMMISSIONER POWELL: I understand. I'm
going to assume I know what I'm talking about. There are
no proposed poll signs here; is that correct?
MS. VIERA: That's correct. I believe
there is a distinction between a pylon sign that is the
typical poll signs and the monument signs even though they
are considered ground signs. Under the Subchapter 15,
they are entitled to have five -- or 15 ground signs.
There's no distinction between pylon or monument.
COMMISSIONER POWELL: okay. My
understanding of what they're proposing are all what l
would call monmnent signs.
MS, VIERA: That's correct.
COMMISSIONER POWELL: They all come from
the ground up and they're all masonry. MS. VIERA: 7hat's correct.
COMMISSIONER POWELL: Thank you very much.
COMMISSIONER RISHEL: commissioner Roy.
COMMISSIONER ROY: Yes. Maybe you know
Page 68
1 this and maybe not. But the signs in the area for the
2 race track or Wal-Mart, do you know how high those are?
3 Ms. vIeUA: ~ don't know the height. Those
4 are pylon signs.
5 COMMISSIONER ROY: Yes. I saw that, but I
6 was trying to visualize - I'm guessing it's 30 feet, but
7 Pm not sure. Was our standard feet at the time --
8 MS. VIERS: well, along Loop 288, that is
9 the maximum height that they can go unless they get a
10 variance. I don't know if they got one. But that is the
11 maximum height allowed.
12 COMMISSIONER ROY: okay. Thank you.
13 COMMISSIONER RISHEL: Deed question.
14 Cormnissioner Powell.
15 COMMISSIONER VOWELS-: Thank you, sir. One
16 more question.
exceeds the maximum effective area. And, again, going
back to page 5 of your backup, along Loop 288 two proposed
monument signs will exceed the maximmn size. There's no
proble~n along Spencer Road. Along Brinker, there'are
three signs ttmt will exceed the maximum size.
So, basically, if the applicant doesn't go
through the special sign district, they will need to apply
for 11 variances, one for each sign that does not -- or is
not compatible with the standards.
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COMMISSIONER RISHEL: Must be guilty,
COMMISSIONER VOWEl[: erobably.
MS. VIERA: oh, thank you.
COMMISSIONER POWELL: Don't take it
22 personally. The request for separate -- or for different
23 kind of signs on Brinker Road, my understanding of Brinker
24 Road, is that it is wholly within the property?
25 MS. VIERA: that's correct.
PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 65 - Page 68
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Page 69
COMMISSIONER POWELL: It doesn't extend out
on either street. It's wholly within --
MS. VIERA: It would intersect Spencer
Road.
COMMISSIONER POWELL: Yeah, but it's --
both sides of it are property in this development?
MS. VIERA: That's correct.
COMMISSIONER POWELL: SO they're not
putting these signs out for the public? It's all on their
site?
MS. VIERA: That's correct.
COMMISSIONER POWELL: Thank you.
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Page 71
COMMISSIONER RtSHEL: Thank you very much.
And the petitioner is here and they would like to present.
Would you please give us your name and address? Mr.
Reichhart, you would like to clarify something?
MR. REICHitART: Just real quickly on the
Brinker Road. It is a through street. I mean, it's not
entirely just for that development.
COMMISSIONER POWELL: BLIt it doesn't go
anywhere beyond the specific property.
MR. REICHHART: AS yOU cross Loop 288, it
does.
COMMISSIONER POWELL: Thank you. Thank you
very much. I didn't recognize that. Thank you.
Page 70
MR. CALDWELL: Good evening. My name is
Kevin Caldwell with Denton Crossing Partners, 8235 Douglas
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and they also are the designers of the signs.
COMMISSIONER RISHEL: Thank you, sir. Mr.
Bussell.
MR. BUSSELL: My name is Allen Bussell. I
work for Surveyors and Engineers of North Texas, 162t
Amanda Court, Ponder.
If you could turn on the Power Point
presentation, I would appreciate it. This is the site,
just to give you a bearing again and this allows you to
sec, I think, more clearly where Brinker Road is
intersecting here and this is when it was under
construction. Wal-Mart is here, Lewes, Golden Triangle
Mall. Thcsc arc thc apartments that are right here that
we're going to provide access to with a bridge. And this
is the Center that you guys saw.
This just gets you a bearing on where wc
are with Loop 288 right here, Spencer here, and llke I
said, Brinkcr right there. Just to give you a bearing on
the site, once again, a perspective of the site, with
Brinker running here, Loop 288 here, Spencer here. What I
did here is, this is just a massing of thc buildings with
the 30 foot height just to show you overall thc scale of
what's going on here to give you a better idea.
And these little things right here are the
actual proposed signs and their locations on the site.
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3 Avenue, Suite 1300, Dallas, 75225.
4 Again, we're happy to be here in the
5 continuing process of our Denton Crossing Project. We
6 discussed with staff the best way to handle the signage
7 proposed for this development and quickly came to the
8 conclusion that a sign -- special sign district was that
9 process. Allen Bussell is here to provide you some
I0 information about what we've proposed, I think, in a
11 computer presentation that enhances thc package you have.
12 And we request your approval of the special sign district
13 for Denton Crossing. Thanks.
14 COMMISSIONER RISHEL: Thank you, Mr,
15 Coldwell. Mr. Bussell. And is there anyone else on your
16 team that you'd like to introduce at this time?
17 MR~CALDWELL: lhavo a representative of
18 our architectural firm, Richard Nordike of O'Bricn and
I9 Associates and a consultant that's helped us with the
20 process. Drew Watson of Prichard and Associates.
21 COMMISSIONER RISHEL: ^nd what would their
22 particular expcrtises be with regard to this particular
23 project?
24 MR. C^[r~WE[L: Mr. Nordike and the firm
25 O'Brien and Associates are the designers of the project
Page 72
What I'm going to do is I'm going to show you what these
look like in scale, and then go through one by one on the
3 exact locations. Number 1 sign, nmnbcr 2 sign is our
4 tallest sign. It's thc 40-foot monmnent sign. And this
5 little guy right next to you shows you a scale of what it
6 looks like next to a person.
7 And I also included the proposed
8 architecture in the back there, so you can kind of sm the
9 scale with what we're proposing for the architecture. So
10 you can see, it's kind of -- it's in scale with what we're
t i proposing. It doesn't look out of place. And then 3
12 through 8 there, showing the relative scales next to each
13 other and what they look like as it would be in real life
14 out there.
15 Nmnbcr one sign is we're proposing two of
16 those signs, both on Spencer Road. The actual sign
17 ordinance would allow a lot more signs than that, and what
18 we've done is we've moved those signs that we could put on
19 Spencer ever to Loop 288. And these are basically
20 Identification signs for the center.
21 One of the conunents, I know, in the staff
22 report was that it wasn't notexl on how these were going to
23 be illuminated. This is the only sign that's not
24 internally illmninated, but illuminated with landscape
25 lights that would shine up on those and be directed on the
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Page 73
sign so it wouldn't go out in the night sky.
Sign No. 2, this is our monument sign here
located closest to Loop -- or correction -- to Interstate
35, so the people driving this way would be able to see
all the uses on this other site. And remember the site as
Commissioner Powell pointed out is basically divided into
two sides with Brinker Road, these uses over here and
these uses to the north. And this sign here would be for
the uses on this site.
Once again, it's architecturally compatible
with the rock that would be on the buildings. This is
sign number 3, basically, directional signs for the
businesses that are closer to Loop 288. A sign here for
this parcel. A sign here for this one. Here for this.
Sane. Here -- basically at the entrances here.
COMMISSIONER POWELL: could I interrupt you
here, sir, just long enough to ask you how high that sign
is?
sign.
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Page 75
Sign No. 1 here, it's six foot tall each,
and this is where you get to the numbers. Two of those
signs is 12 feet and you can go through these. But it
comes up with 2,074 total. And this is the table that you
saw in your backup. And I just colored to make it a
little easier to see up here. The light brown would be
the number. The purple would be the height. And the blue
would be the size.
As you can see here, there's two more
requested than permitted. Four proposed signs exceed the
maximum height here, but, as I said, actually there's
quite a few of them that are along Loop 288 that are much
smaller than what's allowed. And the size -- we're
exceeding the size overall by 330 square feet for thc
entire site. But because of the architectural
compatibility, the quality of signs, I think it's a much
superior product than what could be allowed there under
MR. BUSSELL: Yes, sir. That's a 6-foot
COMMISSIONER POWELL: Thank you.
MR. hUBBELL: And with that, these signs
are much smaller than what is allowed under the current
ordinance. So what we're proposing there is much smaller
signs than what we could put there.
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the ordinance.
So I think we're clearly superior in our
design. Any questions?
COMMISSIONER RISHEL: commissioner Powell.
COMMISSIONER ?OWELL: Thank you, Mr.
Page 74
Sign No. 4 there, located -- once again a
directional sign for this interior street here for the
people coming off Brinker.
Sign No. 5 is basically, once again, on
Bfinker Road and it's showing direction here to the right
if you're going toward Loop 288 or going to the left if
you're going toward Spencer. And showing these tenants on
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Chairman. The sign to the -- second from the right. All
your other signs have got a cap stone, and I'm assuming
that one will, too.
Page 76
MR, BUSSELL: It does.
COMMISSIONER POWELL: BUt it just doesn't
show because -- there you go. Thank you.
MRt BUSSELL: The table is covering itt
COMMISSIONER POWELL: Thank you very much.
MR. BUSSELL: Yes, sir.
COMMISSIONER RISHEL: Commissioners, any
this side and how those people would -- you know, so that
they would know which way to go to get to those people.
Sign No. 6 is basically working the same as
Sign No. 5 but on this side of the area, in these
locations here with this interior drive having these guys
know when to come in here.
This is oar 30-feet sign. Once again
directional and the larg~ sign for the traffic on Loop 288
that's moving a little faster than the ether traffic.
It's located for these tenants on this side. Also, a very
--just a monmnent sign that's compatible to the
architecture.
And Sign No. 8, a directional sign for this
interior street here. And that's all the signs. And once
again, showing the size and relationships to the
archltecture and this time adding the table here showing
what we're proposing square footage-wise for each of the
signs total.
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further questions of Mr. Bussell or anyone else on their
teen? Cmmnissioner Roy.
COMMISSIONER ROY: The one that bothers me
is Sign No. 2. I drove by there yesterday and looking at
it, I'm trying to visualize driving down Loop 288 and
being able to read all of that stuff as I'm driving 45
miles an hour.
COMMISSIONER POWELL: IS that all you were
going?
COMMISSIONER ROY: That's all I'm going to
achnit to. But that's just one large, large sign. And
it's just a concern that I have.
MR. BUSSELL: well, I think it's in scale
with the proposed architecture. If we were proposing
I O-foot tall buildings there it would look really out of
scale. But I think in the location and what we're
proposing on the buildings, it looks like it's supposed to
look. It doesn't look out of place. It also being that
PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 73 - Page 76
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large let's you read it as opposed to being too close to
it to see what's going on before you're past it.
COMMISSIONER RISHEL: commissioners, any
further questions? Any further questions of the
Page 77
sign, it bothers me, but I also know that traffic
sometimes moves faster than 45 miles an hour there.
COMMISSIONER RISHEL: It does when I'm in
it.
petitioner? Thank you very much, Mr. Bussdl. I have no
yellow cards of people that would like to speak. Once
again, this is a public hearing. I see no one who would
like to speak at this time, so I will close the public
hearing and beings we had no need for rebuttal, I will
hear final comments from staff.
MS. VIERA: Staff has no additional
comments.
COMMISSIONER RISHEL: con~nissioner Mulroy.
COMMISSIONER MULROY: YeS, Mr. Chairman.
I'm ready to make a motion.
COMMISSIONER RISHEL: Please.
COMMISSIONER MULROY: I move approval as
presented.
COMMISSIONER POWELL: second.
COMMISSIONER RISHEL: It's been inoved by
Conunissioner Mulroy and seconded by Commissioner Powell.
Discussion? And I guess one of nay concerns is we're
looking for a very quality development here, and I know
that what we're -- look for you to bring forth to our
community is something that's going to be new and exiting
5 COMMISSIONER POWELL: Yeah. And people
6 are trying to find out what's in there so it's kind of
7 like when you're on the Interstate. Those signs on the
8 Interstate are not always pretty, but they do tell you
9 what you can do when you get off at a certain exit, and I
10 think this is valuable here. It's going to tell people on
11 Loop 288 what's in there and what they can buy or purchase
12 or what type of stores are there, and I don't think you
13 can do that without the height. Otherwise, you're going
14 to have a big sign in another direction. So I just think
15 it's a good idea based on the conditions at hand.
16 COMMISSIONER RISHEL; t understand.
17 Cormnissioner Mukoy.
18 COMMISSIONER MULROY: Thank you, Mr. Chair.
19 Yes, comments to follow-up on my fellow Commissioners.
20 The -- I can certainly appreciate tho impetus for
21 requesting a special sign district. And the key to me, of
22 course, is the attractiveness being the architectural
23 style of the signs matching the buildings, but what was
24 pivotal is thc proportionality, the massive scale and the
25 unity of this development is something that's new to
Page 78
and different and I hate to start it off with an
encumbrance of something that may be visually not as
appealing as we would perhaps like to have it even though
they appear to be quite attractive, I think there's other
ways within the site to attract business and direct people
and let them know you're hem. And I think -- I don't --
with the things that we've seen so far, that you're going
to bring forth to us, I don't think you're going to have
any problem with identity, so I don't know why you want lo
block the visual of a very beautiful potential site and
atmosphere that you might have.
So I'm reluctant to move forward on this.
And I will bc voting against it because I'd like to see us
conform to the standards we put forth in our community.
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Page 79
And these are the desires that we have and I don't see how
this particular thing enhances your development any more
than initially when I think in the fumm your identity is
going to be strong and not need the direction that it puts
forth here. Commissioner Powell.
COMMISSIONER POWELL: Discussion
on that, sir. I understand where you're headed there.
COMMISSIONER RISHEL: JllSt a colmncnt.
COMMISSIONER POWELL: okay. A comment,
discussion, whatever you want to call this. I can
understand that viewpoiat. When I looked at that tall
Page 80
Denton and is probably beyond what our original sign
ordinance contemplated or was measured against, and I
think if you look at the scale, even file larger sign
against the aspect ratio and the backdrop of the massive
buildings that -- it will be in place for this size of
development, so I think they've done a good job in their
presentation and that's why I've made the motion.
COMMISSIONER RISHEL: I hope you're right.
Cormnissioner Roy.
COMMISSIONER ROY; Yes. As a comment, I
think we talked before about the importance of the
appearance of this. And we made some concessions along
Loop 288, and I believe that this 40-foot sign is just
going to be a humongous -- it's just going to stand out,
15 just too much. I appreciate the fact that they're going
16 to put monument signs out of this material. I think that
17 aspect of it's good. But I think it's going to be a
18 monstrosity out there, so I'll be voting against this
19 motion. Thank you.
20 COMMISSIONER RISHEL: And nay concern is
21 that once the -- I mean, I see this as probably a regional
22 draw for a lot of people. But most of our people after
23 the first four or five months in Denton, if they don't
24 have enough -- don't know what's going on in that shopping
25 center, they're going to be in trouble anyway. And if
PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 77 - Page 80
CondenseltTM
Page 81
I they do know what's going on there, they don't need the
2 sign. Commissioner Powell.
3 COMMISSIONER POWELL: Discuss[on on this
4 motion, sir. Staff, can you tell me or the developer, I
5 don't care which. Can you tell me the level of the base
6 of this 40-foot sign relative to the level of the street
7 in that area? What I'm saying, is the street higher or
8 lower than the base of that sign?
9 MR. CALDWELL: I don't know for certain, in
10 other words, elevation of the finished elevation of 288,
11 for example and adjacent, but it will be close. In other
12 words --
13 COMMISSIONER RISHEL: Not sitting on a
14 twenty foot berm?
15 MR. CALDWELL: Correct. It won't sit on
16 top of an artificial berm that we would make just to get
17 it up higher.
18 COMMISSIONER POWELL: My feeling was that
19 the street was higher there and that's why I was bringing
20 that up, that the sign wouldn't appear to be as high if
21 the street's higher.
22 MR. CALDWELL: It is now, but the future
23 condition, that's a little bit -- that remains to be seen.
24 COMMISSIONER POWELL: I hadn't thought
25 about that. Thank you.
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Page 82
COMMISSIONER RISHEL: Good question, Any
further questions or comments? Cormnissioners, we do have
a motion on the floor, excuse me. Seeing no further
questions and we have a motion on the floor, we will vote
at this time. Motion carries 4-1 of the Commissioners
present.
(COMMISSIONER ROY' VOTED tN OPPOSITION.)
COMMISSIONER RISHEL: cmxnmissioners, thank
you very much for your help and deliberation. And
Director Powell, any conunents?
MR, POWELL: NO.
COMMISSIONER RISHEL: okay. Mr. Reichhart.
MR. REICHHART: NO.
COMMISSIONER R[SHEL: Mr. Attorney?
MR. SNYDER: NO.
COMMISSIONER RISHEL: seeing no further
cormnents, Co~missioners, anything else you'd like to add?
Thank you very much for your participation. Thank you,
audience for being here. And we will close this regularly
scheduled meeting of the Planning and Zoning Commission.
PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 81 - Page 82
S:\Our Documents\Ordinances\02\Sign District Denton Crossing.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT
(SD-2) AND APPROVING A SPECIAL SiGN DiSTRiCT PLAN ON AN APPROXIMATE 54.13
ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF LOOP 288 AND SPENCER
ROAD iN THE CITY OF DENTON, TEXAS; PROViDiNG FOR A PENALTY iN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROViDiNG FOR AN
EFFECTIVE DATE.
WHEREAS, Hunt Properties, has applied for adoption of a Special Sign District on real
property comaining approximately 54.13 acres of land in Regional Cemer Commercial Dowmown
(RCC-D) zoning district, such real property being more particularly described in Exhibit "A"
attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on July 10, 2002, the Planning and Zoning Commission, after a public hearing,
recommended approval of the Special Sign District; and
WHEREAS, the City Council finds that the Special Sign District is in compliance with the
Subchapter 15 of the Developmem Code of the Code of Ordinances of the City of Demon, and is
consistent with the Denton Plan; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Special Sign District is hereby approved on the Property subject to the
following conditions:
Signage on the Property shall be developed, constructed, used, and maimained in
accordance with and limited to the Sign Site Plan attached hereto and made a part
hereof as Exhibit "B" and the Special Sign District Elevations attached hereto and
made a part hereof as Exhibit "C".
SECTION 2. This ordinance shall supercede all requiremems of the Sign Ordinance
affecting the Property that are in conflict with or addressed by the Special Sign District Plan and the
Special Sign District Regulations established by this ordinance. All other provisions of the Sign
Ordinance shall remain in full force and effect against the Property.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the DeNon Record Chronicle, the official newspaper of the City of DeNon,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
__ day of
,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
C0'I-rON BURVEYING
COMPANY
12000 Ford Road, Suite 180
Dallas, Texas 75234
Phone: 972/48B-Q440
Fax: 972/4B8-3882
Exhibit A
FIELD NOTES
54.13 acres of land
in the
Mary L. Austin Survey, A-4
John W. Cheek Survey, A-324
J. S. Taft Survey, A-t256
City of Denton
Denton County
Texas
'All that certain lot, tract or parcel of land lying and being situated in the Mary L. Austin Survey,
Abstract No. 4, the John W. Cheek Survey, Abstract No. 324, and the J. S. Taft Survey, Abstract
No. 1256, City of Denton, Denton County, Texas, and being all of Lot 1, Block A, Lone Star Par 3
Addition, an addition to the City Of Denton, according to the plat filed of record in Cabinet i, Slide
277, Plat Records of said county, and being all of that tract of land conveyed to Orval L. Allison
according to the deed filed of record in Volume 571, Page 486, Mark A. Kuhn according to the
deed filed of record in Volume 4163, Page 680, Roy Dean & Patsy Smith According to the deed
filed of record in Volume 489, Page 92, D. Shiflet & W. Schweitzer according to the deed filed of
record in Volume 1129, Page 61, J. Hudspeth Jr. & W. Schweitzer, according to the deed filed of
record under C.C.F. # 95R-0080326, J. Hudspeth, Jr. & D. Shiflet-Hudspeth,. according to the
deed filed of record in Volume 1708, Page 661, Shiflet Financial Corp., W. Schweitzer, J.
Hudspeth, Jr,, & D. Hudspeth according to the deed filed of record in Volume t493, Page 129,
The Baptist Foundation Of Texas according to the deed filed of record in VoJume 4163, Page
674, ali of which are filed of record in the public records of Denton County, Texas, said tract being
more particularly described by metes and bounds as follows:
BEGINNING At a 1/2" iron rod found at the southwest corner of said Lone Star Par 3 Addition
and the southeast corner of Waterford At Spencer Oaks according to the plat filed
of record in Cabinet N, Slide 221-223, Plat Records of said county, said iron rod
being the southwest corner of th~s tract;
THENCE
North 00°13'40" West, along the west line of said Lone Star Par 3 Addition, a
distance of 1679.75 feet to a 1/2" iron rod found in the approximate south tine of
Spencer Road, for the northeast corner of said Bailey Tract and the northwest
corner of said Lone Star Par Three Addition, for the northwest corner of this tract;
THENCE
South 88°03'04" East, along the approximate south line of said road and along the
north line of said addition, a distance of 1125.52 feet to 1/2" iron rod found at the
northwest corner of that tract of land under lease to Lone Star Gas Company
according to the lease document filed of record in Volume 410 Page 455, and
being the remainder of that certain tract of land conveyed to M M. Smith according
to the deed filed of record in Volume 305, Page 258, public records of said county,
said iron rod also being a corner of this tract;
THENCE
South 02°10'48" West, along the west line of said Lone Star Gas Lease Tract, a
distance of t44.97 feet to 1/2" iron rod found for the southwest corner of said tract,
and being the most southerly northwest corner of said Smith Tract, for a corner of
this tract;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
North 89°37'41" East, along the south line of said lease tract and the most westerly
north line of said Smith tract, a distance of 50.00 feet to a 5/8" iron rod set for the
southeast corner of said lease tract and being a corner of this tract;
North 02°11'44" East, along the east line of said lease tract and the most northerly
west line of said Smith Tract, a distance of 145.66 feet to a 5/8" iron rod set in the
approximate south line of said road, for the'northeast corner of said lease tract and
the most northerly, northwest corner of said Smith Tract, for a corner of this tract;
South 88°06'09" East, along the approximate south line of said road and the north
line of said Roy Dean & Patsy Smith Tract, a distance of 259.76 feet to a 1/2" iron
rod found for the northeast corner of said tract and being in the west line of said D.
Shiflet & W. Schweitzer Tract, for a corner of this tract;
North 00°26'30" West, crossing said road, a distance of 51.63 feet to 1/2" iron rod
found in the approximate north line of said road for the northwest corner of said D.
Shifter & W. Schweitzer Tract, said point also being in the south line of that certain
tract of land conveyed to American Legion Post 7, according to the deed filed of
record in Volume 561, Page 464, said iron rod also being a corner of this tract;
· Along the south line of said American Legion Tract, and along the south line of the
following tracts of land as follows: Denton County Electric COOP. Tract, according
to the plat of record in Cabinet D, Page 80; Lot 1, Cushman Addition, according to
the plat of record in Cabinet D, Page 47; Terry Stanford, according to the deed of
record under C.C.F.# 96-0082307:
South 88033'38'' East, along the north line of said Shiflet & Schweitzer Tract, a
distance of 139,74 feet to 1/4" iron rod found at the northeast corner thereof;
South 88~01'39" East, along the north line of said Hudspeth & Schweitzer Tract, a
distance of 104.69 feet to 5/8" iron rod set at the northwest corner of said
Hudspeth, Shiflet-Hudspeth Tract;
South 88°11'27" East, along the north line of said tract, a distance of 129.05 feet to
3~4" iron rod found at the northeast corner thereof;
South 86053'08'' East, along the north line of said Shiflet Financial Corporation,
Schweitzer, Hudspeth & Hudspeth Tract, a distance of 240.21 feet to 3/4" iron rod
found, an angle point in the north line thereof;
South 74°36'30'' East, along said north line, a distance of 247.19 feet to 1/2" iron
rod found in the west line of State Highway Loop 288, for the northeast corner of
this tract;
South 31°03'49" West, crossing said Spencer Road and along the west line of said
highway, and along the east line of said Shiflet Financial Corporation, Schweitzer,
Hudspeth & Hudspeth Tract, a distance of 59.56 feet to a 5/8" iron rod set near the
south edge of said road, an angle point in the west tine of said highway and said
east line, for a corner of this tract;
South 20033'58" East, along the west line of said highway and the east line of said
tract, a distance of 56.88 feet to a wooden highway marker found for a corner of
this tract, said point being the beginning of a non-tangent curve to the right;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
Along said highway and the south line of said Shiflet Financial Corporation,
Schweitzer, Hudspeth & Hudspeth Tract and along said Baptist Foundation Tract,
and along said curve to the right, having a radius of 2804.92 feet, and a central
angle of 15°49'44", a chord bearing and distance of South 44°05'54'' West, 772.44
feet, an arc length of 774.90 feet to a §18" iron rod set for a corner of this tract at an
angle point in the northwest line of said highway;
South 58°29'42'' West, along said highway and the south line of said Baptist
Foundation Tract, a distance of 195.86 feet to a 5/8" iron rod set for the beginning
of a curve to the right and for a corner of this tract;
Along said curve to the right and said highway, same being the south line of said
Baptist Foundation Tract and said Mark A. Kuhn Tract, said curve having a radius
of 2789.92 feet, and a central angle of 5°00'16'', a chord bearing and distance of
South 58°31'58'' West, 243.61 feet, an arc iength of 243.68 feet to a 5/8" iron rod
set for a corner of this tract at an angle point in the northwest line of said highway;
South 60°43'16" West, along said highway and the south line of said Baptist
Foundation, Kuhn, and Allison Tracts, a distance of 272.24 feet to 5/8" iron rod
found, said corner being the southeast corner of said Lone Star Par 3 Addition, for
a corner of this tract;.
South 60°23'38" West, along said highway and the south line of said Lone Star Par
3 Addition, a distance of 673.16 feet to a 1/2" iron rod found for a corner of this
tract;
South 65"38'17" West, along said highway and the south line of said tract, a
distance of 585.30 feet to the PLACE OF BEGINNING, and containing 54.13 acres
of land, more or less.
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SCALE, 8/10' - 1'-0'
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DENTON CROSSING
HUNT PROPERTIES
0'BRIEN r & ASSOCIATES, INC. SIGN 1
ARCI4TEC~ · INTEI~OR8 · PLANNNG ,
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MONUMENT SIGNal
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JO'BRiEI~N & ASSOCIATES, iNC.
AflOI'iTEC;~ · ~NT~OSS · ~
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MONUMENT SIG N
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DENTON CROSSING
HUNT PROPERTIES
O'BRIE~N & ASSOCIATES, INC.
ARCI4TEOTU'UR~ · I~lr.J:dOR8 ·
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MONUMENT SI(GN
SCALE, ;3/16' · 1'-0'
9O SF
DENTON CROSSING
HUNT PROPERTIES
O'BRIEEN & ASSOCIATES, INC. SIGN 4
- ~.-~--" ---(8) FOUR
CONCltE'I'E BASE
MONUMENT SIG~N
SCALE, 3/16' - 1'-0'
100 SF
i)t~NTON CROSSING
HUNT PKOPt~KTIt[S
SIGN 5
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PANEL,,~,~.,.._ . ~ ElF80AP & 11qN
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MONUMENT SIGNd
SCALE, 3/16' · 1'-0'
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SIGN
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[NDIVIOUAL CHANNEL
LETTERS PIN MOUNTED
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TEENANT
TEENANT
TEENANT
INDIVDUAL TENANT SIGNS
ONE
6'-O'x 10'-0'
PANEL
(2) TWO
3'-0'x 10'-0'
PANELS
EIFS HEADER
OIOPEN
CONCRETE BASE
MONUMENT SIGI N
SCALE, 3/16" = 1'-0"
410 SF
DENTON CROSSING
D]gNTON, TEXAS
HUNT PROPERTIES
O'BRIEEN & ASSOCIATES, INC.
AI::ICHITECTLTURE · INTERIORS · PLANNING
SIGN 7
lTBENANT ~
,/~/EF8 CAP &TRIM
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PANELS
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IINDIVIDUAL TENANT SIGN
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1212'-0 ,I
MONUMENT SIG
~ 96 SF
SCALE, 8/16" = 1'-0"
DENTON CROSSING
DENTON, TEXAS
HUNT PROPERTIES
O'BRIENq & ASSOCIATES, INC.
ARCHIT~CTUR~RE ,, INTERIORS . PLANNING
SIGN 8
.
Agenda 02-024 08/06/02 #19
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
August 6, 2002
Planning Department
Dave Hill, 349-8314
SUBJECT - Z02-0022: (Denton Bible Church)
Hold a public hearing and consider adoption of an ordinance rezoning approximately 37.5 acres
from a Neighborhood Residemial 3 (NR-3) zoning district to a Neighborhood Residemial Mixed
Use (NRMU) zoning district. The site is generally located to the east of Nottingham Drive,
south of University Drive and north of Mingo Road. A church sanctuary and educational facility
is proposed. The Planning and Zoning Commission recommends approval (6-0).
BACKGROUND
Applicam: Jerry Falbo (DeNon Bible Church) DeNon,Texas
At the January 15, 2002 Work Session meeting, City Council reviewed a request to rezone the
subject property from Neighborhood Residemial 3 (NR-3) to Neighborhood Residemial Mixed
Use (NRMU) as part of the city wide rezoning and adoption of the Developmem Code.
However, at the January 28, 2002 Work Session Meeting Council reverted the zoning of the
property back to NR-3 due to notification concerns. Council directed staff to process a separate
zoning petition at no cost to the applicant.
The applicam is proposing a zoning change to allow for the operation of a school. The NRMU
zoning category allows smaller setbacks, increased building height and lot coverage, higher
densities and smaller landscaped areas.
Five (5) responses in favor of this rezoning request have been received (See Attachmem 3).
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0, Roy absem).
ESTIMATED PROJECT SCHEDULE
The subject property is not platted and would have
building permit.
to be platted prior to the issuance of a
PRIOR ACTION/REVIEW
The following is a chronology of Z02-0022, commonly known as Demon Bible Church:
Application Date -
DRC Date-
Original P&Z Date-
P&Z Date-
April 1, 2002
April 11, 2002
May 3, 2002
June 12, 2002
No Neighborhood meeting was held.
FISCAL INFORMATION
This proposal will require no short-term public improvements that are the responsibility of the
city.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map and Responses)
4. Photographs
5. Planning and Zoning Commission Minutes, June 12, 2002
6. Draft Ordinance
Prepared by:
Mike Grace
Planner I
Respectfully submitted:
Douglas S. Powell, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary of Zoning Request
The applicant has applied for a zoning change and is proposing a
educational facilities (see Attachmem 5).
church sanctuary and
The existing Neighborhood Residemial 3 (NR-3) zoning designation allows churches, but does
not allow schools and only allows childcare facilities with the approval of a Specific Use Permit
(SUP). The proposed Neighborhood Residemial Mixed Use (NRMU) zoning designation would
allow the aforememioned uses, (high school permitted with an SUP), and would be suitable for
the applicant's future development needs.
Existing Condition of Property
Property History. January 28, 2002 - The subject property was placed in the Neighborhood
Residemial-3 (NR-3) zoning district and land use classification by Ordinance 2002-040.
This site was previously in the Single-family-7 (SF-7) and Multi-family-2 (MF-2) zoning
district and land use classifications by Ordinance 69-13.
Adjacem zoning. North:
South:
East:
West:
Neighborhood Residemial-3 (NR-3) and
Neighborhood Residemial Mixed Use (NRMU)
Use: Vacant
Neighborhood Residemial-2 (NR-2)
Use: Single-family
Neighborhood Residemial Mixed Use (NRMU)
Use: Convenience store/gas station and Village East Apartmems
Neighborhood Residemial-3 (NR-3)
DeNon Bible Church
Comprehensive Plan Analysis
The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use
area (The DeNon Plan, page 37). New developmem in this district should respond to existing
developmem with compatible land uses, patterns and design standards. The plan recommends
that existing neighborhoods within the city be vigorously protected and preserved. Housing that
is compatible with the existing density, neighborhood service, and commercial land uses is
allowed.
Neighborhood cemers may include uses specifically supportive of the neighborhood, uses in
scale with residemial structures, and service-oriemed uses such as daycare cemers, dry cleaners,
corner stores, civic structures, and moderate-density housing, when the design demonstrates
adequately that these uses and structures will be compatible with both the neighborhood cemer
and the surrounding neighborhood (The DeNon Plan, page 47).
Development Review Analysis
Transportation
Trip Generation.
Although the exact dimensions of the proposed uses have not been identified, it is
anticipated that a large sanctuary and school would generate enough traffic to require a
Traffic Impact Analysis (TIA) to identify road improvements necessary to mitigate the
effects of the proposed development. A TIA would be required prior to Site Plan
approval. University Drive is a state road and is subject to state requirements.
At the Site Plan stage, this developmem will be required to meet the minimum
requiremems for pedestrian linkages; utilities; drainage and topography; signs;
landscaping; open space; lighting and environmem quality impacts.
Access.
The developmem has access from Mingo Road and University Drive.
Environmental Quality Impacts
No negative environmemal impacts from the proposed developmem have been idemified.
Development Code/Zoning Analysis
Neighborhood Residemial 3 (NR-3) and its associated lot requiremem dimensions is more
restrictive and limits lot coverage to 50% and requires 50% of the lot to be landscaped. This
limits available space for future uses. Neighborhood Residemial Mixed Use (NRMU) allows
for a greater mix of uses than NR-3 and allows for greater utilization of lot areas via 80% lot
coverage limits and 20% landscape area requiremems. In comparison to NR-3, NRMU allows
for smaller setbacks, increased building height and lot coverage, higher density and smaller
landscaped areas.
The subject site is adjacem to University Drive to the north and Mingo Road to the south. This is
an area that may be better suited for developmem that utilizes lot dimensions such as those
allowed with an NRMU zoning designation. University Drive is a major corridor within the city
of DeNon and may lend itself to higher density developmem.
STAFF FINDINGS
1. The proposed use is compatible with The Denton Plan and the Denton Development
Code.
ATTACHMENT 2
Maps
NORTH
Location/Zoning Map
Scale: None
NORTH
Land Use Map
Scale: None
ATTACHMENT 3
Public Notification
NORTH
Notification Map
Scale: None
Newspaper Notification Date:
200' Legal Notices* sent via Certified Mail:
500' Courtesy Notices* sent via 1st Class Mail:
Number of responses to 200' Legal Notice
· In Opposition: 0
· In Favor: 2
· Neutral: 0
April 27, 2002
2O
26
0
Percent of land within 200' in opposition: 0 %
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
Property Owner Responses
Property Owner Name and
Address
Denton Village East Apmts.
1700 Village East Dr.
Mr. Hugh Pruett
1501 Mockingbird
Jerry Falbo, Administrator,
Denton Bible Church
1910 E. University Drive
Willie H. Rainey
2020 University Dr. East
Raymond McFarlane
1910 E. University
Neutral/
/In favor/opposed*
In favor
In favor
In favor
In favor
Comments
No Comments
No Comments
In favor
I believe that this would be a
great enhancement for our
neighborhood and city.
*A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 4
Photographs
SUBJECT PROPERTY (LOOKING
SOUTHEAST FROM UNIVERSITY)
SUBJECT PROPERTY
(LOOKING WEST FROM MINGO
AND VILLAGE EAST
INTERSECTION)
ATTACHMENT 5
Planning and Zoning Commission Minutes
Hold a public l~eazing and consider making a recommendation to City Ccuneit concerning
thc rezoning of approximately 40.8 acres from N¢igl~borhood Rcsidemial 3 (NR-3) zoning
distfie! to a Neighborhood Residential Mixed Use ~) zoning district. The property is
generally located to the east o£ Nottingham Drive, south of Llniversity Drive and north of
Mingo Road. A church sanctuary arid facility is prepo5ed. (Z02-0(}22, Denton Bible
Church. Mike Grace)
Motion by Joe Mulro7 and seconded by Vicki Holt re recommend approval to City Council.
*Discussion of item is included in the Court Reporter's transcript attached to this set of minutes
(Page173).
Motion earrie~q 6-0
10
CondonsoltTM
1
l~n N0, 16 0a m~r A~d~. A~ limn No. i 6 ~hmld
7 Afar ~ ~l~ff ~art was coup]~, ~
g nddkie~al p~p~' 0wn~ z~(ms~ a.d fl~ ~'o.just
~ ~ pass~ ~r td ~u, ~ should bo ~ ~ ~IL
l O pock~ thru you ~[x~l ~.
Nut6~t~m, and x~;t of VJtl~ ~st Road,
15 l~cili;~, hi ~fi~ ¢o~ jt was ~ at ~ May g~,
1 fi 2002 F~nning and ~ming Cm~nnissinn and it was continual
~r ~zo.i.t8 ~q~- You eau ~k¢ a look at Lhe ~nin~
19 m~p h~.
23 ~ ~U hnw ~-2. ~1~ 6~t znnia~ ~-~ allows
24 churcl~ b~t tk~ not a~' sc~l; and it
cllild m~ Paeililies wi~ thc approval or aa sol
Page 175
I but a [50~il2,1"1 O[ it is ~lrencly :,.on~t sa[where.
2 ccu~ts_~o~,'m UOL':: ~kay. Thank you,
4 f~ ~ne~Mot~s of ~ff or Mr, Grace? ~ank ytm~
p~P Would you pl~se give us year na~ an~
1D Bible~:~eh. I~¢n¢ly;~at 2012 Vinla~ Circle
11 in Corin~, T~a8, Bm; ~ about t~ ~t;. Prior
12 k~ lhat, I ]N~ wilt]in ~ City ILLuih O~ I~km f~
13 yell'S, mOSt of ~ tkno ia ~ a~mst ar~,
14 Wc'm ~ m.tlght ~ue;tia_g fl~at 5'~
16 thn~ ~w can. isdn. ht]ild a n~ aan~tmry mM ot~
17 chamh-wla~l IlaCfl[t[~. We pmp~C tO build a
18 &allelllfl~ Ihat wiB a~annn~q~ approximately 3500
19 p~le. rn addition Lo thc ~aeational facilities,
20 Sa-] d~sn'; al~ us d~ ~h; d~[ we woutd r~ a~
21 ~ ~munt ~f ~ng ~pace; eat ~'1l ~ far a
22 f~ility ot: flint 8i2e due to ~e land<aping
24 you to ~n~ d~ z~i~.
25 ~tton Bible, a littt, bk about ~toa
Page 174
I sp¢¢Lfie ~qe permk_ UnLess the CeTamJssion lms q~stions
~ for statt, d~ ~plicant is ~vailabtc for ~d[kiolq~l
3 information.
4 COMMfSSION~R RISIIEL: O~y. Tlti8 ~8 a
5 publkc l~ing nag app~hm your p~mmt[on, Mr
6 (;~'~, Co~[Mi~ Pearl, you have a question.
8 ~a, ~c. ~mak you vc[y mud~. If I und~stood wMt you
9 ~d cor~tty, t~ ~ whole ~.m~n they would have m
lO ~ ~ m for a =ming chan~ is I~u~ ~y want ~ put
11 a ~hool akmg w~ ~e churCh. ~ t~y jus~ ~a~d m
12 Du~[d a eh~h, they could, do ilia wlth any kind o~
13 zo,mg. Is t~t co~t?
14 MR_ GRACE: Yes, ~ g COr~ct,
1¢ COMM[SSTO~R~ POWE~', 'l'ha.k yo~ ve~ lttU~,
16 COMMISSiOnER RISREI.: Conunissim~cr licit,
17 COMMISSiC)NER HOLT: okay. ~uld you go
19 Mkngo and Univcmity?
2D MR, GInGEr ~ea, ~e sim cu~ed -- it
21 may Be ~fficult to ~ bul ~e site t~t'$ outlined in
22 black here.
23 COLL~gSlONER HOLT; okay.
24 MR. GRACE: A pod[aa of it cr~$ ~v~
25 VUIa~ East ~d ttmm, Actmlly, fl~ is no mad ~
Page 176
! Bible G]ur~h, ,,',g ww¢ ton n d~t iu ]gqfi aa a ~me study
2 sclloo[ o.' Bibl~ study with 12 ~
3 h~ss~ ov~ ~ )~es, Wo ~w am av~a~ng about 4,~00
4 ~plc Del' Sunday in c)~ cmtbh~ fOtlr
5 ~w We ha~e appmximaMy 1,000 ki~ ia S~day School
6 uv~ Sunday_ And wctt¥ ami wisk
7 pmple widfin ¢,' own c h~¢~ but ~
9 And ~a~rly ~ We ~cdv~ s~ue awards
1 ] ~ogmiz~t ns as ~e ~ ~a D~6F¢ ~ndiug
m 2 Canuauni~ Program For o~ 8~t T~ms,
1~ minls~c~, bui~ing ~. bus sl~l~-s ammtd
15 Rccm'd-C~miele ~i~ cur Vi¢on Mini~i~q
1 fi top 40 ~s ta ~n~.n's d~.elcpmc~n, Vision Miois~
I 8 o.t. wl~ ara fo~. c~ting, w~g~ Ltm.y may n~,
19 x~ [~lp r~n ~t, And t~% Iinully. ~ Denton lSD and
21 eumtand[ng C~lllllJ~' ~anizaticn Jn 11~ A~upl a Sch~l
22 Pro,am. Rtl ~ dO ~ to Hi ilqist~r Jnsi& c~ ctmmh and
23 tlm~ outside to t~ comtllllll]~, Ag weLL.
24 Wu ~,uld jb~l ~imply like to say t~t we
25 l~vc app~Jal~ stows hulp wJlh ua
PLANNING AND ZONING COMMISSION JONE 12, 2002
Page 173 ~ Page 176
11
Conden~ItTM
Page 177
I pmbkan, not problem, challenge. But for me it's
2 inWresting *0 come before you-aiL and they've hecta very
3 helpful m u~ in giving us same gu[delines. We hope that
4 you will ooasidcr cur tcqms[ favorably so we can go on
5 and build our facilities. That's alt I'xx got.
6 COMMISSIONER RISBEI._. Mr_ Falho, 1 believe
7 we have ,omc questions. Ccmmaissioner Kei£h.
g COMMI881ONER- [Errl[: well, Jori-y, long time
9 no sec.
10 MR.~:ALOO; Ut, Bifl.
11 GO~fMISS1ONI-;~ Il_Et'tH: YOU gay you're going
12 to he putting a school in
13 MR-FkTgO: gr¢ already have a sclmol on our
14 existka~ facilities and we'd like rite ava[lub[ILy to
15 candm,c wi_lb that and
16 well.
t7 COMMi.~£ONER. KEIT~I: $O what grades arc you
lg ~rvick,"lg aL Ibis; ~inm?
19 MR- F^~.~o: ~rhe ~hcol that's on our
20 proporty is not run by our ¢lmrch specifically. IL'.'~ run
21 by di. ff~t individu~b ~hat mostly attended our ct~urch
22 and tt~ey'm .going up th~'ough high sehaol now.
23 COMMISSIONER g2n~l: okay. S0 you do,'t
24 have any problem being next door to apamncnt untts that
25 ra~ next to
Page 17
I Mr,. f:^l_.nO: oh, no, not at ell.
22 CC)_X'I_,MI~.~[ONJ.':R g El'III: Okay. And [h~ h~ving
3 lmjor thccoughfare~ on either side doesn't create a
q probl~ for you?
5 Mm UA~O: $lmFs part of thc mason ~'hy
6 '9,'e felt like ~e needed to g¢~ a good dtmlk of l~d ca thc
7 other skde of Nottingham. om u[th~ate goal is to move
8 cw~rybody directly az~¢iated wilh the church on lbo other
9 si&, on thc mst si& of No~n~am so we ~n'[ We kids
10 heine b~ ~d tush.
I1 COMM[gSIOH~R g E~lr;
]2 ~MMISSIONER RXS~EL: Cmmni~s[~er Hull
13 ~MMISS[ONER ~OLT: Y~. YOU mid
14 s~ctua~ for 3,500
[5 MR. PAl.BO: Yes.
16 COMMI&glON~ ilOLT: Tile
~7 you an[cipa~ With t~
L8 MR- FAIre: lOght nOW themes -- tlh, I w~
20 good ~'o~h_ lt's small but [t
2l COMMISSIONER ~mL'r: w~at will you build
22 for?
23 M~, F.qLgO'. We're pfim~iJy building
24 edae~fim~al hcilit~s tm Smday S~I cl~s_ We
25 mi ioavLng the ~i~ng private
Page 179
1 thc miter side,
2 COMMTSSTONER HOt.T: Okay. And t~a did I
3 hc~ day cam?
4 MR. FALDO: well, x~ have child
5 COMMISSIONER minT: oh, just child c~.
6 MR. FAT.Re: .rUSt child mm. Wc ~m't trove
7 any m~oing &[y c~c f~[lities. We have a mother's
8 oat program duri~ tl~ w~ hut ~ ~so ~v'e --
~ CO~ISSIONER I IOLT: Dui not. S ~al~ --
l0 M~-FA[.~,. MOL a rcgulal~l day c}ge day
12 COMMISS]ON-ER hOLT: O~y. And how big
1 ~ this p4eee ol- properly, 4(1
l 5 ~cm's a couple of ~s. It fLrSt e~e, ~ ~ about,
15 ok I'm gokng to say about 30 ~ms, And ~cm we almay
1 ? have flint cc~r whom ~'vc got -- Mill o~ high
[ 8 hcil[ty_ And City staff ~mcn&d that ~ come b~
; 9 and go ~]~d and ~nelu& tl~t sa wc"d ~vc lhc comm~
20 zonlng a]l the way acmes.
2L CO~llgS[ONER 1ICI2: ~11~k
23 fu~ q~stions ct' Mr, FaIbn? ~ you, Mr. Fal~,
24 ~ next speaker would he E~nt ]o~s ~tdi.ng l~m No.
16 on om' ~m2~&. ~c~ a~m, tlfis is ~ publ[e
Page 180
I m~d ir you'd lik~ ~o addre,, the Cm~mis.qion, il' you'd
2 out a ~ as n~mti~ e~Her, ~x~ would appreciate it.
3 ~mk you n~, Mr. Jones.
4 M~ JONES: hood even[a~ Conu~ssioncrs,
5 Chhnmn. My name is Bmr Jones. I work ~th G~van
n Prop~Jes, Limited a~ Ik~r ~lopmen~ Assoziaic.
~ [~IMMHNIONEg gIST'TEL: And yo~ address?
S MR JONES: Susiness address, 5000
9 ~mnk~ving Te~, Dallas, Texas, ~5201. 1 app~clam
t0 ~m~r time ~night. I just ~ craning in ~ll
11 thm~ Galvan Proxies, D miWr[ I~ ct~n~ owners
[2 t~ nor~em 22.28 ~re~ cf t~N propo~d 40-ac~ trac~
13 ~ar i~ un~r cu~nt m~ning, And I just want m
14 migrate that we md~gtmd that ~n~n Bib]e Chumh
15 b~n a ~m~f~cial factor in flxe ~ton communiLy in tim
16 past md will continue wifl~ ~ ~v~k ~nd we
17 this re.zoning,
18 COM~SSIO~ER ~SHEI..~ Thank yn~ ~r. J~.
19 MR. ~ONES: Thcnk you.
20 COMMISSiONeR RISIlEL: i ~VO On~ othec
21 flna~ did nog wi~ to speak from a Ms. Ioy~ E~Ie, And
22 ~c said that shc did uol wi~ to s~ak hut was ia
23 of this issue,
24 On~ again, t~s is u public l~aring. I
25 have ne l.urt~ cards of people that wr,~d [~e ~ sp~k,
PLANNINO AND ZONING COlvll~-ISSIOhl JUNE 12, 2002
Page 177 - Page 180
12
CondenseltTM
So Fd ~ Mx_ Gra~ 'L.u give hi~ ~1 clo~
f~ ~ and w¢ will c1~ ~ pubLc ~n~.
~ C~9J~io~, ~ils]on~r Mttlmy.
7 COMMISSIONER ~ROY: t'm ~dy m move,
8 COMM~SSlON~mS~L; I ~hi~k
~ ~ move ~th you,
10 CO~M~s[o~ MUL~OY: [ move ap~va].
11 co~]oN~ soc'r:
12 C~MM~ION~RT~I~ C~'S b~ )~ov~ b~'
13 C~mni~sion~ Mu~' old ,~nd~l b7 Cm,ni~$~m~ Ilolt_
14 An3r fl~ comm~B tw quit[oas? S~bg tmnh
16 Thai bri~gs us to lmNo_ 17 nn e~
17 A~uda. And l~ 17 ahm~ appear o, our d~ucam.
lg Willis will
19 Ms. WILLrS: I'd li~ m say go[xt m~]~
20 ~n, Commisninn~_ fm Tiff~nie Wil[i% ~anncr. This
21 is a s~'ai~t ~¢ai~g c~. T~ application,
22 applicant t~ this cu~ i~ ~ CJ~ cf ~nton. We bring
25 Cou~cfl u~ mdv~ fnr dm ~ ~onlng_ ~ t.cafion
%k Page 1~
1%, cf this properly ks sccn on your screen aid is
2 '%~.n t~ map found in your backup on page 2_ //
3 '%k At this t~, we did ~ive Olio letter
4 cpPb{~}i~ whkh w~ from a ~mdcanaa who J~ocamd in
5 ~e cO~ ~. Also, x~ ~iv~ two lctt~: in favor
6 of Road i~ami~ as Mvedi~3~-4. Thc
7 p~mnt Mr. Eric Jaas~n, as lady
8 iff · meet. ANo the City Cot]nc[1
B meeting held · ~ ~o let ~c from
13 p~t md ~ this ti~m_ I would
14 like to en~ura~. S]a sla~' has hac[u(led
15 ~¢y of ~e in your b~kup.
17 Willis. is ~ potidoner e doW L ha~ a
18 yo~el f flat would m z~ will
19 tm wilh t he~ing :akcr t~t
20 lave ~io J~en. Mr. Iansmn. r ~lB¢ is
MR. JA.XSSI.;.N:
to indivklually contact y'alt before ton[
bccaus~ t did have one brief opporLunity
before, f am not the petSianer. I mn limited to
Pa~ 1 t
minule~ bu[ I'd weltxune m~d apprceia~ 7(mr que~ior
6
7 have
10 Febmaey plan
I I retract <~f ~ lm~
12 have b~a fl~
13 ~eb~. ~a-4 will
~4 in tin ~w~ghborhood,
15 now givm you.
As rite owner
ou vote kmigkt ~o recommend N[~-4 as a
for the property. Muda o_r tl~:
ti on is in tim backup thut I bcd that yon
. hc£orc you. To make
he Comprehenxb,~ Ib's
Ttmt's an
that was suppomd to
:mnpatible ~4tk ofher zonings
that I have just
15 g, laat hu~,'c before
1 ? du.: nc: In black bold
18 l_akeview >merit m-ca_ Ii-,
19 ,or~h of my properly is City
20 zoned 7o thc north of that is the
my subject propcTLy is County 1.a-ad,
Fl2 m'e~ lhat's future zoned Nx-6. ro thc
,y proferty is Lakcview De,,'elcpment ImM wk[ch
currently t4R4, already ztmed flint way, [t
it's already dm~e. To thc farca~t, it's not all Ihat far
diagram of
It's
ucmlly, tm tl~ opp0si~e side of Lake,,iew Boule'oral, you
bud
ulng pmce~ fi>r ~l p~m. I belinda
nq wnu dale
And
oa.4 will he conxg~at with
Il will be cnasi}~u wJfl~ t~ ~VC]~I]IC
c~m~Lfl)~ wiLh ~ 3~ ~iLlg~
the ndg115orlmt~.
for whal' ~
pas~l~. Them am
fl~ &ny. w~nc~ that
NI(-4 zoniag,
curmwly in
plan
wJfl~ an
po[n~[ [}ut, :e CI~
snpporC o¢ D~]opJlt6at,
'oCt}re yt, [:~.'0]ODm~.d iS in au
They own all fl~e propcmy
lbo ~R-
Mr. Pmitl w~o is the prol:~l'l.)r owner tg the
1.E's also in suplx}d, and you havo
sn~p~k~g Ng-4. TO thc ~nst is ~. Cas~.
is in 1he county, He'~ ~x~m of ~is,
packu~ flat 1 ~sre tO ~O Ct9 (bunc[l a~d ~ ~sn't
PLANNING AND ZONING COMMISSION JL1NP 12, 2002
Page 181 - Page 184
13
ATTACHMENT 6
Draft Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENFON, TEXAS. PROVIDING FOR A ZONING
CHANGE FiROM NEIGHBORHOOD RESIDENIYIAL 3 (NiR-3) ZONING DISTRICT
(7 LA S S 1 FI C AT I ON AN D U S E D ES 1G N A TI O N FO N E IGH B O R HO O D R E S 1 DE NTIA L MIX iED
USE (NRMU} ZONING DiSI'RICT CLASSIFICAI"ION AND USE DESIGNA'flON FOR
APPROXIMAI'ELY 40.8 ACRES OF LAND LOCATED TO THE EASi' OF NOTTINGHAM
iDRIVE, SOUTH OF UNIVERSITY iDRiVE AND NORTH OF MINGO ROAD: PROVIDING
FOR A iPENAL'I'"Y IN THE MAXIMUM AMOUNT OF $2.000X)0 FOR VIOLATION S THEREOF;
PROVIDING A SEVERABiLH?Y CLAUSE AND AN EFFECTIVE DATE. (Z02-0022)
WHEREAS. Denton Bible Church initiated a change in zoning tk)r 40.8 acres of land
generally located to the east of Nottingham Drive, south of University Drive and north of Mingo
iRoad from Neighborhood iResidemiM 3 (NR-3) zoning district classification and use designation to
a 7N e i ghb or h oo d R esi den ti a I M i x e d U se ( NiR iM U ) z on in g d i strict el assi fi catio n and u se de s ig n at i on'.
and
WHEREAS, on June 12, 2(i}02, the Planning and Zoning Commission concluded a publi c
hearing as required by [aw and recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Nan; NOW. THEREFORE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. 1'he zoning district classification and use designation of the approximate 40. 8
acre property located to the east of Nottingham Drive, south o f University Driv e and north of Mingo
Road, more partict~larly described by the legal description attached hereto and incorporated herein by
retbrence as Exhibit A, is changed t¥om Neighborhood Resklential 3 {NR-3} zoning district
classifications and use designations to Neighborl:~ood Residential .Mixed Use (NRMU} zoning
d i st riot d a ssi fi ca ti on an d u se d esi gna ti o n u nde r th e co m pr e hen sir e z on lng ord ina n ce of t h e (7 i ly of
Denton, Texas.
SECI'ION 2~ The City's officiai zoning map is amended to show the change in zoning
district c[assifi cati on.
SECTION 3~ if any provision of this ordinance or the app[icati on thereof to any person or
circmnslm~ce is hekl invalid by any courl, such invalidity shall no~ affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are seven'able.
S iECTION 4. Any person v ioiating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000~00. Each day that a provision of this ordinance 'is. violated sha[I
constitme a separate and distinct offense.
Page 1 o£ 2
14
SECTION 5~ This ordinance shall become effective fimrteen (I4} days fi'om the date of its
passage, and the City Secretary is hereby directed to cause the caption of dT[s ordh'~ance to be
p nb Ii s bed t wi ce in t]:l e Dm'~ ton Re cord - Ch ton ic[ e, a d ail y news paper pub Ii she d in th e City o f Den ton,
Texas, within ten (I0} days of the date of i~s passage.
['ASS ED AN D APPI,tOVED al:ds the
day of ~ 2002.
EULINE BROCK, MAYOR
ATTEST:
J ENNIFiER WAUI'ERS, ([I'Y S ECREI'ARY
BY:
APPiROVED AS l'O LEGAL FORM:
HERBERT L, PR() UTY, CITY ATTORNEY
BY':
Page 2 of 2
15
This page left blank intemionally.
AGENDA INFORMATION SHEET
Agenda 02-024 08/06/02 #20
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
August 6, 2002
Planning & Developmem
Dave Hill, 349-8314
SUBJECT - Z02-031 (Mary F. Mohon)
Hold a public hearing and consider an ordinance rezoning approximately 26.8 acres from a
Neighborhood Residemial 2 (NR-2) zoning district to a Neighborhood Residemial 4 (NR-4)
zoning district. The site is generally located at 3880 Helm Lane to the west of Teasley Lane and
north of Ryan Road. No developmem is proposed at this time. The Planning & Zoning
Commission recommends approval, 5-0.
BACKGROUND
Applicam: Mary Frances Mohon DeNon, Texas
The applicam is requesting two adjacem parcels of land totaling 26.8 acres be rezoned from its
currem Neighborhood Residemial 2 (NR-2) to Neighborhood Residemial 4 (NR-4). The
applicam would like to pursue future opportunity to sell property under the new NR-4 zoning.
Public notification and property owner responses are provided in Attachmem 4.
OPTIONS
1. Approve as submitted.
2. Approve as recommended by the Planning and Zoning Commission.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
See staff analysis (Attachmem 1).
The Planning and Zoning Commission recommends approval of Neighborhood Residemial 3
(NR-3), 5-0 (Bill Keith and Vicki Holt absem). See Attachmem 6.
ESTIMATED PROJECT SCHEDULE
The subject property is not platted. No new development is currently proposed, however the
subject property will be required to be platted prior to developmem.
PRIOR ACTION/REVIEW
The following is a chronology of Z02-0031, commonly known as Mary Mohon:
Application Date -
DRC Date -
Planning and Zoning Public Hearing -
City Council -
Date: May 24, 2002
Date: June 6, 2002
Date: July 10, 2002
Date: August 6, 2002
No Neighborhood meeting was held
FISCAL INFORMATION
Future development of this property under the new NR-4 zoning will increase the assessed value
of the city. It is not clear at this time if short-term public improvements that are the
responsibility of the city will be necessary.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Property Owner Notification Map
4. Neighbor Responses
5. Photographs
6. Minutes from July 10, 2002 Planning and Zoning meeting
7. Draft Ordinance
Prepared by:
Autumn Speer
Planner I
Respectfully submitted:
Douglas S. Powell, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary_ of Zoning Request
The applicant is requesting to rezone two adjacent parcels of land totaling 26.8 acres from a
Neighborhood Residemial 2 (NR-2) zoning district to a Neighborhood Residemial 4 (NR-4)
zoning district. The existing NR-2 zoning is typically a single-family zoning district with a
maximum density of two dwelling units per acre.
Existing Condition of Property
Property History. February 20, 2002 - The subject property was placed in the Zoning
Classification Neighborhood Residemial 2 (NR-2) zoning district and land use classification by
Ordinance 2002-040.
Prior to the adoption of the Developmem Code, the property was zoned Agriculture (A).
The subject property (which consists of two lots) curremly comains one single-family home.
The subject property comains ESA as it pertains to the 100-year floodplain located in the upper
northwestern corner. No new developmem will be permitted in the flood plain area of the
property.
Adjacem zoning:
North: Neighborhood Residemial 3 (NR-3) zoning district - one single family home
South: Neighborhood Residemial 2 (NR-2) zoning district - single- family homes
East: Neighborhood Residemial Mixed Use 12 (NRMU - 12) - single-family homes
West: Neighborhood Residemial 2 (NR-2) - vacam and some single-family homes
Comprehensive Plan Analysis
The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use
area. New development in this district should respond to existing development with compatible
land uses, patterns and design standards. The plan recommends that existing neighborhoods
within the city be vigorously protected and preserved. Housing that is compatible with the
existing density, neighborhood service, and commercial land uses is allowed.
No new developmem is proposed at this time, however increased density allowed from
Neighborhood Residemial 2 (NR-2) to Neighborhood Residemial 4 (NR-4) should be
considered. Curremly NR-2 allows a maximum of 2 units per acre, up to 52 single-family units.
The proposed NR-4 zoning would allow up to 4 dwelling units per acre, up to 104 single-family
units.
The DeNon Plan idemifies the following Primary Residemial Land Use Principles:
Preserve Neighborhoods: The preservation of existing and future neighborhoods can be
achieved by demanding and establishing design and construction standards that are fair and
evenly applied. (page 35)
Promote a Diverse Housing Stock: The residential component of the Land Use Plan allows all
types of people to live in DeNon by allowing a variety of housing types, sizes and prices. The
housing stock should reflect the demographics and economic structure of the community. (page
35)
Limit Sprawl: The residemial componem of the Land Use Plan should guide developmem
patterns that limit sprawl, accommodates projected housing demand, and allows quality high
density developmem where it is close to jobs, shopping, schools and transit. (page 35)
The proposed zoning does promote a diversity of housing stock and the increased density would
limit sprawl as this area is idemified by infill land use compatibility.
New developmem will be compatible with the existing uses and zoning of the surrounding
properties at this time.
Development Review Analysis
Transportation
Trip Generation. Assuming a maximum of 104 single family detached dwelling units would
generate approximately 993 trips per day. The number of trips is doubled that of the
maximum allowed under the currem zoning. A TIA is not required.
Access and Connectivity
Curremly the only access to the property is through a private, unpaved street, Helm Lane.
Teasley Lane currently provides access to this street. Teasley Lane is identified as a primary
major arterial by the DeNon Mobility Plan. It is amicipated the surrounding road system will
be sufficient to handle increased traffic generated from this proposal. However, easements
and connectivity from Teasley Lane must be considered at the time new developmem is
proposed. Connectivity to adjacem lots must also be considered upon developmem. No
future traffic analysis has been submitted.
Public Infrastructure
Water and sanitary sewer mains will need to be extended to serve this site. Doubling the
zoning which reduces the size of the lots may impact the size of the main extensions or
impact the ability to use alternative water or sanitary systems. This issue would arise with
the current NR-2 zoning as well.
Developmem Code/Zoning Analysis
Currem zoning allows for a maximum of two (2) units per acre. The proposed Neighborhood
Residemial 4 (NR-4) zoning would allow up to four (4) dwelling units per acre. The existing
NR-2 zoning does not allow for attached single-family dwellings. The proposed NR-4 zoning
allows for attached single-family dwellings if a Special Use Permit (SUP) is granted.
The following chart shows a comparison of the density differences that are allowed with NR-2
NR-3, and NR-4 zoning.
Minimum Lot Size for this Density (Max) Maximum Lot
Zoning District
Property (sq. ft.) per Acre Coverage
NR-2 16,000 2 30%
NR-3 10,000 3.5 50%
NR-4 7,000 4 60%
Staff Findings
Provide findings
1. The proposed zoning change is compatible with The Demon Plan and surrounding land uses.
2. In order to develop this property adequate provision of infrastructure will need to be resolved.
ATTACHMENT 2
Maps
NORTH
Location/Zoning Map
SITE
LOCATION MAP
Scale: None
ATTACHMENT 3
Public Notification
Revised July 9, 2002
NORTH
Notification Map
SITE
Scale: None
Public Notification Date: June 16, 2002
200' Legal Notices* sent via Certified Mail:
500' Courtesy Notices* sent via 1st Class Mail:
Number of responses to 200' Legal Notice
· In Opposition: #2
· In Favor: #6
· Neutral: #0
12
15
Percent of land within 200' in opposition: 19 %
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 4
Property Owner Responses
Revised July 9, 2002
Property Owner Name In favor Comments
and Address /opposed*
Jean Halbert In favor NA
3558 Teasley
Denton, TX 76210
Mary Trueblood In favor NA
1013 Pebblebrook Dr
Lewisville, TX 75067
Daniel Davis In favor NA
6469 Michael Road
Sanger, TX 76266
Ken Ballard In favor NA
3494 Teasley
Denton, TX 76210
Bobby White In favor NA
3952 Helm Lane
Denton, TX 76210
James Newman Opposed See Attached Letter
700 El Paseo
Denton, TX 76205
John Kozura III In favor NA
777 El Cielito
Denton, TX 76205
Kerry Thornhill Opposed Proposed zoning change does not represent best
3401 Carmel use for the described property. Property values
Denton, TX 76205 will decline.
*A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201
FROM
Rug. '20 2[3~1
PHONE NO. : 3=304~4 /~
NOW[CE OF PUBLIC HEARING
01: 14PH P1
Z02-0031
'*Please note this a repeat notice due to a computer error by the Denton Record Chronicle. The
meeting '~. originally scheduled f~r June 26, 2002.
The Planning and Zoning Commission of the City of Denton will hold a public heating on Wednesday,
July 10, 2002, to consider re~-oning a 26.8 acre site generally located on Helm Lane to the west of
Teasley Lane and north of Ryan Road, commonly known as 3880 Helm Lane, from a Neighborhood
Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district (see map on
backside). The property is legally described as Abstract C. Pau~lalier Survey Tracts 2~ and 26, in the
City of Denton, Denton County, Texas, No development is proposed at this time. The purpose of the
zoning change is increase density allowed on property,
The public hearing will start at 7;00 p.m. in'the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas, Because you ovm property within two 13undred (200) feet of the
' . mission would like to hear how you fee/about this
L:_~, ,,,~,,,~u the Planning and Zonlng. i Co, m,~ ..... ~,. h~,,rin~ Please, ~n order Tot you~ opin~io.~t.o
~~ken~nto account, re[urn ~,,=, ..... '~participating in tl]e public hearfng.) You may fax it to the
ir) no way prohibits you from attending and
~tmber located at the bottom, mail it to the address, below, or drop it off in-person;
Planning and Development Department
22~ N..'E!m ST
Denton; Texas 76201
Attn: Autumn Spear0 Planner I
The zoning process includes two public hearings designed to provide opportunities for citizen
involvement and .comment- Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first' public hearing 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 Commission recommends approval. Should the Commission recommend
denial, the petitioner may the~ appeal the request to the City CounCil. if owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
out of seven votes of the City Counc{l are required to approve the zoning change. These forms are
used to calculate the percentage of landowner opposition.
Please circle one:
.. :' _.' ..~~ ........ Neutral to request Opposed to mclu,st
Reasons for Opposition: '
Physical Address of Property within ·
CJTY OP DENTON, 'TEXAS CITY HALLW~-$T - DENTON, TEXAS 715Z01 *, 94o.34e.e3~0 · (F) 940.3~9.?707
NOT'r¢ OF PUBLIC Hf:::AP.'rN6
Z02-0031
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
June 26, 2002, to consider rezoning a 26.8 acre site generally located on Helm Lane to the west of
Teasley Lane and north of Ryan Road, commonly known as 3880 Hetm Lane, from a Neighborhood
Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district (see map on
backside). The property is legally described as Abstract C. Paullalier Survey Tracts 25 and 26, in the
City of Denton, Denton County, Texas. No development is proposed at this time. The purpose of the
zoning change is increase density allowed on property.
The public hearing will start at 6:00 p.m. in the City Council Chambers of City Hall located at'215 E.
McKinney Street, Denton, Texas. Because you own property, within two hundred .(200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you fee/about this
zoning change request and invites you to attend the public hearing. Please, in order for your opinion to
be taken into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from attending and participating in the public hearing.) You may fax it to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Autumn Speer, Planner I
The zoning process includes two public hearings designed-to provide opportunities for citizen
involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing 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 Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
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.
~-~fav'or of req'~les't~
Reasons for Opposition:
Please circle one:
Neutral to request
Opposed to request
Signature:
Printed Name:
Mailing Address:
Telephone Number: ~¢' ¢'~
Physical Address of Properly within
CITY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 . 940.349.8350 · (F) 940.349.7707
NOTIC6 OF PUBLIC HEARIN
Z02-0031
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
June 26, 2002, to consider rezoning a 26.8 acre site generally located on Helm Lane to the west of
Teasley Lane and north of Ryan Road, commonly known as 3880 Hetm Lane, from a Neighborhood
Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district (see map on
backside). The property is legally described as Abstract C. Paullalier Survey Tracts 25 and 26, in the
City of Denton, Denton County, Texas. No development is proposed at this time. The purpose of the
zoning change is increase density allowed on property.
The public hearing will start at 6:00 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property, within two hundred-(200) feet 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 public 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 hearing. (This
in no way prohibits you from attending and part!cipati.ng..i.n the public hearing.) You. may fax it to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N; Elm ST
Denton, Texas 76201
Attn: Autumn Speer, Planner I
The zoning process includes two public hearings designed to provide opportunities for citizen
involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing 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 Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
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.
Reasons for Opposition:
Please circle one:
Neutral to request
Opposed to request
Signature:
Printed Name: ~"'~,~,/.//~/ Z'_ ~--
Mailing Address:
City, State Zip:
Telephone Number:
Physical Address of PropeAy within 200 feet:
CITYOF DENTON, TEXAS C~TY HALL WEST · DENTON. TEXAS 76201 · 940.349.8350 · (F) 9404349,7707
Z02-003~/ 200' Notice
07/09/2802 15:12 214951~,G6S COLGIN PAGE
o?/og/o2 'II.IE 1~:00 FAX 9403497707 CIT~ OF DE~ON PLANNING ~002
NOTZCE OF PUBLIC HEARIN
Z02-'003 1
"Fha Planning and Zoning Con]mission of the City of Der]ton will hold a public hearing on Wednesday,
June 26, 2002, to consider re.oning a 26.8 acre ~ite generally located on Helm Lane to the west of
To=slay Lane and north of Ryan Road, commofily known as 3880 Helm I.eno, from a Neighborhood
Re$1dentJa! 2 (NR-2} zoning district to a Neighborhood Residential 4 (NR-4) zoning district (see map on
backs[de). The property is legally described as Abstract C, Paullalier ~urvey Tracts 25 and 28, in the
City of Denton, Denton County, Texas, No development is proposed at this time. The purpose of the
zoning change is increase density =,Irowed on property.
The public hearing will star~ at 6:00 p.m. in the 'Ci. tY Council Chambers of City Hal! located a~ 215 E.
McKinney Street. Denton, Texas. i~ecause yo'u Own property, within lwo h~ndred (200) feet of the
subject properly, the Planning end Zoning Comrn/$sion wo~ld llke to hear how you fee[ ebo~
2onmg change ~o~uest and invRes you to atonal'the public hearing, P!e~se, [n order for your opinion to
be taken into account, return this form with your.comments pdor to the date of the public headn
in no way proh~7~R~ yoU from attending and participating in the pubiic hear/ngJ You may fax it to the
number ~ecated at the bottom, mail it to the address below, or drop it off i~person:
Planning =ne Developmen~ Department
:221 N. Elm ST :.
Denton, Texas 76201
At/n: Autumn Spear, Planner I
The zoning process includes two public hearing~ designed to provide opportunities for clti~,en
involvement and comment Prior to the public hearings, I~ndov~nets within t~vo hundred (200) feet of
the subject property are notified of the zoning requ~.st by way of this notice. The first public heanng
· held before the P~anning 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 Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request, t~ the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (2~0) f~et of the site ~ubmit written opposition, then six
out cE seven votes of the City Council are required to approve the zoning change. These forms are
used to calculate the percentage of landowner Oppose'on.
In favor of request
Reasons for Opposition.'
Please circle one:
Neutral to request
Mailing Addms,-
-
Telephone Nu,nben
Physical Addm~ of
Cl~ OF DENTON, T~AS
......... · '
07/00/2002 00:11 FAX. 0403510660
NOTICE OF PUBI. J:C HEAI: N6
Z02-003t
'*Please note this a repeat notice due to a computer error by t~he Denton Reeorfl Chronicle. The
meeting was originally scheduled for June 26, 2002,
Tho Planning and Zoning Commission of the City of Denton will hold a public hearing on W~,
July 10, 2002, to consider rezoning a 26.8 acre site generally Io~ated on Helm Lane to the west of
Teasley lane and north of Ryan Road, commonly known as 3f~80 Helm Lane, from a Neighborhood"
Residential 2 (NR-2) zoning district to a Neighborhood Residential!4 (NR-.4) zoning district (see map
backside). The property is legally described as Abstract C. Paull~i~er Survey Tracl~ 25 end 26, in ~-~,"
City of Denton, Denton County, Texas. No'development is propo~,ed at tflis time. The purpose of
zoning change is increase density allowed on property.
The public hearing will start at ?:00 .p.m. in the City council Cha~mbers of City Haft ~:ated ~ 215
McKinney Street, Denton, Texas. ge(;au$e you own property ~vithin fwo hundred (200) feet o~
subject properly, the Planning and Zoning Commission would I~ke to hear how you feel about
zoning change request and invites you to atfend the public heating.. Please, in order for your opinion to
be taken into account, return this form v~th.youx comments ~ ~.tt~ d .....
in t~o way prohibits you from attending and participating in the pu, blic hearing.) You may fax it to th~
number located at the botbam, mail it to the address below, or drol~ it off in-person; ......
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Autumn Speer, Planner I
The zoning process includes two public headngs designed to provide opportunities for citizen
involvement and comment. Prior to the public hearings, landowner~ within two hundred (200) feet of
the subject property are notified of the zoning request by way of lhi~ notice. The first public hearing i~-'"
held before the Planning and Zoning Commission. Tho Commission is infom~ed of the percent of
responses in support and in opposition. Second, the zoning pet~6n is for~-a~ed to the Cfty C¢~nc~ft~
final action providing the Commission recommends approval. Should the Commi~asion
denial, the petitioner may then appeal the request to the City Co~Jncit. tf ~em of more ~tan tva~n~
(20) percent of the land area within two hundred (200) feet of the ~ile submff written opposrd~:m, ~he~ six
out of seven votes of the City Council are required to approve ~ zoning change. These forms'
used to calculate the percentage of landowner opposit~otl. '
Please circle one:
Neutral 1o request ..... ,,
DEVELOPMEHT'
Signature: _
Printed Name:
Mailing Address:
City, State Zip: ~/)~~'. ~'~' ..~'~ ] "'
,/ ,
Telephone Number. ,~q~_ ,..~E'.~-.-- ~~,
Physical Addr~s of Prope~ within 200 feet; ~ ~~
CI~ OF DENTON, T~S Cl~ ~LL~ST · DE;ON.~ 76201 · ~.~.~
ZO~-~* 2~' ~o~ [ ..j ,
......... t~ ~ IUII, ..... ,,,, , -
NOTICE OF PUBLIC HEARING
Z02-0031
**Please note this a repeat notice due to a computer error by the Denton Record Chronicle. The
meeting was originally scheduled for June 26, 2002.
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
July 10, 2002, to Consider rezoning a 26.8 acre site generally located on Helm Lane to the west of
Teasley Lane and north of Ryan Road, commonly known as 3880 Helm Lane, from a Neighborhood
Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district (see map on
backside). The property is legally described as Abstract C. Paullalier Survey Tracts 25 and 26, in the
City of Denton, Denton County, Texas. No development is proposed at this time. The purpose of the
zoning change is increase density allowed on property.
The public hearing will start at 6:00 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. BecauSe you own property within two hundred (200) feet 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 public 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 hearing.-(.This
in no way prohibits you from attending and participating in the public hearing.) You may fax it to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Autumn Speer, Planner I
The zoning process includes two public hearings designed to provide opportunities for citizen
involvement and comment. Prior to the pubfic hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing 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 Commission recommends approvall Should the Commission recommend
denial, the petitioner may 'then appeal the request to the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
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.
Please circle one:
Neutral to request
ea~on~ or Opposition
Signature:
Printed
Name:
Mailing Address: ~
City, State Zip: ~¢d¢~ ~, T~q~
Telephone Number:
Physical Address of PropeAy within 200 feet: ~ ~ ~
CITY OF DENTON, TEXAS
Z02~003~ 200' No,ice
CITY HALL WEST . DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707
NOTICE OF PUBLIC HEARIN6
Z02-0031
**Please note this a repeat notice due to a computer error by the Denton Record Chronicle. The
meeting was originally scheduled for June 26, 2002.
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
July 10, 2002, to consider rezoning a 26.8 acre site generally located on Helm 'Lane to the west of
Teasley Lane and north of Ryan Road, commonly known as 3880 Helm Lane, from a Neighborhood
Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district (see map on
backside). The property is legally described as Abstract C. Paullalier Survey Tracts 25 and 26, in the
City of Denton, Denton. CoUnty, Texas. No development is proposed at this time. The purpose of the
zoning change is increase density attowed on property.
The public hearing will start at 6:00 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet 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 public hearing. Please, in order for your opinion to
be taken into _ac_count, return this form with your comments prior_to the date of.the public hearing. (This
"in no ~v~ay~prohibits you from attending and participating in the public hearing.) You may fax it to the.
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Autumn Speer, Planner I
The zoning process includes two .public hearings designed to provide opportunities for citizen
involvement and comment. Prior to the public, hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing 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 Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
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.
Please circle one:
In favour of re(~uesL..~ Neutral to request
R~a~~~s..ition:
Printed Name: ( /~'E~ ~-~/',~ / ~- ,~ ~
Mailing Address: ~ ~ ~ ~ ~ ~Z ~
City, State Zip: ~; ~ ~ ~ ~ ~
Telephone Number: ~ ~ 0 -- ~ ~]¢
Physical Address of PropeAy within 200 feet:
Opposed to request
CITY OF DENTON, TEXAS
Z02~003'~ 200' Notice
CITY HALL WEST · DENTON, TEXAS 76201 , 940.349.8350 o (F) 940.349.7707
NOT]:¢E OF PUBLIC HEAR:I:N6
Z02-0031
**Please note this a repeat notice due to a computer error by the Denton Record Chronicle. The
meeting was originally scheduled for June 26, 2002.
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
July 10, 2002, to consider rezoning a 26.8 acre site generally located on Helm Lane to the west of
Teasley Lane and north of Ryan Road, commonly known as 3880 Helm Lane, from a Neighborhood
Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district (see map on
backside). The property is legally described as Abstract C. PauIlalier Survey Tracts 25 and 26, in the
City of Denton, Denton County, Texas. No development is proposed at this time. The purpose of the
zoning change is increase density allowed on properly.
The public hearing will start at 7:00 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you fee/about this
zoning change request and invites you to attend the public hearing. Please, in order for your opinion to
be taken into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from attending and participating in the public hearing.) You may fax it to the
number located at the bottom, malt it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Autumn Speer, Planner I
The zoning process includes two public hearings designed to provide opportunities for citizen
involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing 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 Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
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.
Please circle one: .. -- -
In favor of request Neutral to request ~ ~r~pposed to request~'~
Signature: ~ ~ ~~ ~ .... ~'~¢/ ~~"~ .... ~
City, State Zip: ~%0¢ '"i ~~ ~& 20 ~ L'-'%~-'-'~::~'-~:L:.~,?~:~.?:~?''j~''
Telephone Number: , , ¢~0' J¢?']~2¢f
Physical Address of Prope~y within 200 feet: ~¢¢ ~( ~ ~¢o ·
CITY OF DENTON, TEXAS
Z02-0031 200~ Not/ce
CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707
July 3, 2002
James Ken Newman
700 EL PASEO
DENTON, TEXAS 76205
(940) 56~-0990
Mr. Doug Powell, Director
Planning and Development Department
City of Denton
221 North Elm Street
Denton, Texas 76201:
I am this letter to express my opposition to a proposed zoning change adjacent to my
property at 700 El Pasco, Denton, Texas. The proposed change involves changing the
zoning on a 26.8 acre piece of property known as 3880 Helm Lane from NR-2 to NR-4.
Your project number for this proposed change is ZO2-0031. I had planned to attend the
public hearing on June 26 but the heating date has been changed to July 10 which is a
time that I will be out of town.
My concern about the proposed change is two fold. First, there are some serious drainage
problems on my property from the property being considered for rezoning. During the
recent rains the mn off from the Helm Lane property was significant with the creek
running thm my 35 acre property coming out of its banks. I feel that if the property is
developed as NR-4 that the situation will be worse especially for the homes downstream
from me. The area that overflows on my property is vacant land and I do not plan to
develop the area but the downstream area of Monticeito del Sur and beyond would surly
be affected. Those property owners are not aware of the proposed zoning change since
there property is beyond the 500 foot buffer area. At the very least I feel that those
property owners should be made aware of this proposed change and that an engineering
study be conducted to determine the impact if the property were developed as NR-4.
Secondly, I do not feel that a NR-4 rezoning is compatible with the homes in the area.
The homes in Monticeito and Monticeito del Sur are all on half acre or greater lots. It
seems to me that Denton is in great need of more upper scale homes in order to attract
more people who can afford larger homes. As you are aware the inventory of larger lots
is very small in Denton. I have been told that the individual wishing to have the Helm
Lane property rezoned has been told by some developers that the property would be more
valuable if it were rezoned NR-4. It seems to me that need should dictate whether or not
a rezoning request is granted as opposed to developer profit.
Please let me know if I can provide any additional information. Thank you for your
consideration.
E-Mail Address JNEWMAN296~AOL.COM
Copy to:
Mrs. Eutine Brock, Mayor, City of Denton
Mr. salty RisheI, Chairman, Planning and Zoning Commission
ATTACHMENT 5
Photographs
Northeast Corner View from Helm
Agenda No:02-0013
Date 07-10-2002
MINUTES
PLANNING AND ZONING COMMISSION
JULY 10, 2002
Hold a public hearing and consider making a recommendation to City Council regarding the
adoption of an ordinance rezoning approximately 26.8 acres of land from a Neighborhood
Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning
district. The site is generally located at 3880 Helm Lane to the west of Teasley Lane and
north of Ryan Road. New development is not proposed at this time. (Z02-0031, Mary F.
Mohon, Autumn Speer)
Motion by Bob Powell with no second.
Motion fail~q.
Motion by Bob Powell and seconded by to recommend approval to City Council (NR-3).
Motion carrie~q 5-0
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COMMISSIONER RISHEL: That will bring us to
Itmn No. 9 on our Agenda.
MS, SPEER; GOOd evening, Conunissioners.
Mr. Grace is helping me pass out some additional
opposition letters and favorable letters for thc property
that we received this week.
This case concerns the zoning change
Page 49
Page 51
site, I was able -- there weren't any signs posted and
this road dead - that little dirt road dead-ends at the
end of the property line. Ms. Mohon might be able to tell
me more if that's a new addition recently.
MS. MO}iON: Right north of us --
COMMISSIONER RISFIEL: we'll address Mrs.
Mohon if she wants to come to the microphone.
request for 3880 Helm Lane from Neighborhood Residential 2
to a Neighborhood Residential 4 zoning district.
This is the site. It's just west of
Teasley Lane, south of Bent Oaks Addition. North down in
this area is the Montecito area. The neighborhood
responses came in. What you have in your packet are three
in favor. Additionally, this week I received flu'ce more
in favor and two in opposition, which brings the
opposition rate to 19 percent, which does not require a
super majority in City Council. I'm going to show you the
opposition map.
The orange is in favor and the green are
the two parcels in opposition. This site -- the zoning
change docs meet and it is compatible with the Denton Plan
and the surrounding land uses. It is in an existing
ncighborhood's infill compatibility future land use area.
It's compatible with the existing uses and zoning of the
surrounding areas.
Page 50
I There is issue with the adequate supply of
2 infrastructure, sewage water and roadways to the site. So
3 that will definitely have to be addressed at development.
4 However, at this time, there's no development proposed.
5 So I'll be happy to answer any questions you may have.
6 COMMISSIONER RISHEL: Commissioners, any
7 further questions of staff at this time? Thank you very
8 much. And is the petitioner here and would they like to
9 present? Colmnissioner Roy.
10 COMMISSIONER ROY: I have one quick
11 question.
12 COMMISSIONER RISHEL: Please.
13 COMMISSIONER ROY: I went to the site and
14 there were signs telling me to keep out, and so I wasn't
15 able to get to the site there exactly.
16 MS. SPEER: The dirt road on Helm Lane?
17 COMMISSIONER ROY: Yes. So I followed the
18 rules at the property owner' s request. So I did find the
19 future church site. Could you point out where that is on
20 this document?
21 MR. SPEER: t am not aware of a future
22 church site.
23 COMMISSIONER ROY: The big sign that says
24 "future church."
25 MS. SPEER: The last time I visited the
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MS. SPEER: okay. Would you like to come?
MS. MOHON: Yeah.
COMMISSIONER RISHEL: Mrs. Mohon, if you'd
give us your name and address.
MS. MOHON: Mary Frances Mohon and I'm --
COMMISSIONER RISHEL: Step Up to the
microphone and give me your name and address again.
MS. MOHON: okay. Mary Frances Mohon and I
live at 3880 Helm Lane. And that -- the church was just
right --joined us on the north. And I've heard they've
abandoned the idea of building one there. The sign has
been there for years, but I've never heard anything about
I'm going to build, so --
COMMISSIONER RISHEL: It'S not on your
property?
MS. MOHON: NO, rio.
COMMISSIONER RISHEL: okay, Thank you very
much. Any further questions, Cmranissioners, of Mrs. Mohon
Page 52
at this time? Okay. Thank you very much. Conunissioners,
any fuxther questions of staff?. Thank you. And is the
petitioner here and would they llke to present? Is she
going to present? Would you come to the microphone, Mrs.
Mohon? We'd love to hear from you.
MS. MOI~ON: The only thing -- I wrote a
letter in there and told what -- I'm a widow and Ince, xl
more money, but still everybody docs. So the only thing I
can figure out -- I think it would be better able to sell
it if I can build four houses per acre rather than two.
And we had a pretty good party that was interested, but
when they found out they couldn't have but two houses
built on an acre, they just dropped it.
COMMISSIONER RISnEr.: xhat's probably the
most honest answer we ever got up here. So we appreciate
your frankness, I have to tell you.
Okay. The staff has presented. The
petitioner has presented. Coaunissioncr, let me open the
public hearing and I will ask -- Commissioner Pewcll, you
have a question?
COMMISSIONERPOWELL: Question of staff.
COMMISSIONERRtSHEL: QUeStion of staff.
Ms. Spoor.
COMMISSIONER POWELE: Looking at the site
location map, which is not the one that is on the screen.
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MS. S?EER: Right.
COMMISSIONER POWELL: Directly southeast
shows a lot of houses. Can you tell me what that zoning
is there?
MS. SPEER: That's actually the mobile home
park right there off of Teasley Lane.
COMMISSIONER POWELL: That settles the
question. Thank you very much.
COMMISSIONER RISHEL: cormnissioners, any
further questions of staff?. Commissioner Powell.
COMMISSIONER POWELL: I'm sorry, Mr.
Chainnan. I have one more question, always one more.
COMMISSIONER RISHEL: That's okay.
COMMISSIONER POWELL: Directly south of it,
there's another development down there, housing
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or NR-3.
COMMISSIONER MULROY: And it's not NR-4?
MS. SPEER: I don't believe so. I believe
that -- I think that it's been -- I think it's -- I want
to say NR-2 because of the Monteeito area.
COMMISSIONER MULROY: okay. Thank you.
MS. SPEER; You're wdcome.
COMMISSIONER RISHEL: Is that enough
clarification for you? Is there anyone else from staff
you'd like to get further input from?
COMMISSIONER MULROY: NO,
COMMISSIONER RISHEL: okay. Cmmnissioner
Apple.
COMMISSIONER APPLE: My question is how are
you going to get there?
development or appears to be. Can you tell me what that
zoning is?
MS. SPEER: I believe if I'm not mistaking,
the Ridgemont is NR-2 as well I may be incorrect in that
but I believe it's NR-2 all around these areas. And this
iS NR-3 to the north and then NRMU-t2.
COMMISSIONER POWELL: Thank you very much.
MS. SPEER: You're welcome.
COMMISSIONER RISHEL: Does that mean she's
guilty of something? It's always the guilty ones that get
Page 54
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MS. SPEER: That is one of the proposed
problems when development is proposed. This little dirt
road, there's going to have to be some easements, and
that's definitely a concern because this Helm Lane is
right off of Teasley and it's just a private dirt road
casement. So that will have to be --
COMMISSIONER RISHEL: YOU could get there,
but if it rains, could you get out of them?
MS. SPEER: we presented the problem to the
applicant. You have the choice of doing the information
Page 56
the multiple questions I noticed.
COMMISSIONER POWELL: she looks innocent to
me.
COMMISSIONER RISHEL: okay. Once again,
this is a public hearing and the staff has pmsenw, xt and
the petitioner has -- have you presented as fully as you
would like to, Ms. Mohon?
MS. MOHON: YeS.
COMMISSIONER RISHEL: okay. And so the
petitioner has presented. I have no other cards of people
that would like to speak before this Commission regarding
Item No. 9 on oar Agenda, and I sm no one in our audience
that would like to speak. So I will -- we will not need
for rebuttal from Mrs. Mohon.
I will close the public hearing and ask
staff to give us some final comment. Let mc ask --
Cmmnissioner Mulroy. A question?
COMMISSIONER MULROY: YeS. I would like to
review the response to the Ridgemont area. I'm not sure
that's NR-2. IS there anyone else on staff that's more
familiar that could --
MS. SPEER: If it's not NR-2} it would be
NR-3. It's not any smaller than Ne-2. I mean, I don't
have it in front of me and I'd have to look it up. But I
know that it's not anything -- it's not NR-I. It'S NR-2
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or waiting until the developer comes in.
COMMISSIONER APPLE: well, that also kind
of makes a difference to me as far as the zoning goes
because of what you would go through to get there. What
would be -- so its entrance for sure would be off of
Teasley, or is that unknown?
MS. SPEER: TO be perfectly honest, it's
unknown at ibis time, but you'd have to consider -- it's
~a-2 right now. So you're basically essentially doubling
the density as it is, But with even the $~:-2, you're
going to have the same issues because there's not sewer
and infrastructure there for NR-2. So essentially if
someone came in and bought that, you'd have the same type
of problems, not quite to the level but --
COMMISSIONER APPLE: well, but the zoning
would be more consistent with what's aheady there, which
is my concern if you were going to come in from another
direction,
MS. SPEeR: eight.
COMMISSIONER APPLE: NR-2 would be
compatible with coming from those other directions.
MS. SPeER: YOU have the NR-a and then the
NRMUq2 and ~a-3 to the north off of the Teasley Lane.
COMMISSIONER APPLE: Exactly. And if
you're going to come there from Teasley, then I'd be more
PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 53 - Page 56
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mnenable to the NR-4, however, if you were going to be
approaching this development from either the south --
MS. SPEER: I see. Right. Right.
COMMISSIONER APPLE: -- the west or the
north, that would make a difference to me.
MS. SPEER: My assumption would be that the
easiest route would be off of Teasley Lane. But there's
no development.
COMMISSIONER APPLE: There's no way of
knowing that.
MS. SPEER: NO way to know that, no.
COMMISSIONER RISHEL: Ms. Apple, Mr. Sahnon
may be able to help us with the mobility plan and clarify
where potential egress or transportation might be.
COMMISSIONER APPLE: Thank you.
MR. SALMON: As you can see, on the site
map, although it's a very small scale, there is a street
stubbing north from the Ridgemont Addition --
COMMISSIONER RISHEL: would you show us
that?
COMMISSIONER APPLE: Yeah, please.
MR. SALMON: well --
COMMISSIONER RISHEL: Was there another map
that you'd prefer to use?
MR. SALMON: [tight where my fingertip is,
Page 58
there's a street that stubs out to the north to some
property. There's more vacant property between the site
and then Ridgemont, but the Mobility Plan specifically the
connectivity component would require extension of that
street. Helm Lane will eventually become a public street.
I would anticipate that this property eventually will have
access from the north and the south.
COMMISSIONER APPLE: And could you show me
where Hehn Lane is?
MR. SALMON: Helm Lane is currently the
dirt road that comes in off of Teasley. It makes a curve
right at the intersection of Teasley and goes south along
that property where the sign is about the proposed church.
And it kind of runs -- you know, where the dental office
is out there on Teasley?
COMMISSIONER APPLE: Yes.
MR. SALMON: And it runs -- it runs behind
the dental office.
COMMISSIONER APPLE: Behind.'?
MR. SALMON: Yeah.
COMMISSIONER APPLE: okay. So what would
be -- from what you've said, what would be your best
estimation of how one would enter this site in the future?
From the south or the Ridgemont area or from Teaslcy?
MR. S^LMO~: ~ think it will be from both.
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I think your major access may be from Teasley or tlelm
Lane --
COMMISSIONER APPLE: with connectivity to
the Ridgemont?
MR. SALMON: well -- right. I mean, you're
going to have connectivity to both Ryan Road and Teasley
eventually. I believe -- my guess would be as this
property to the north develops, Helm Lane will actually be
a collector street of some sort. So that may be the more
major access going toward Teasley. But there will
certainly be secondary access going to the south down to
Ryan Road at a minimum.
COMMISSIONER APPLE: okay. Thank you.
COMMISSIONER RISHEL: Commissioner Apple,
Mr. Reichhart would like to help clarify on this issue,
also.
COMMISSIONER APPLE: Thanks.
MR. REICHHART: I was just going to say the
same thing that the -- because of the connectivity issue,
there would be multiple entrances into this parcel with
the exception of probably to the west because of the flood
plain.
MR. SALMON: Right. And there's a
possibility depending on how property directly to the east
develops, that there could be another direct connection to
Page 60
Teasley.
COMMISSIONER RISHEL: Thank you very much,
Mr. Salmon.
Commissioner Roy.
COMMISSIONER ROY: Just as a comment. I
have a feeling that if we change this from NR-2 to NR-4
that we're going to be seeing a few other people coming in
here real soon to the parcel north and south and I think
we have to keep that in mind. Just a guess on my part but
I'm -- since they're supporting it, I'm anticipating
that's what's going to happen.
COMMISSIONER RISHEL: Thank you for your
crystal ball. Co~mnissioner Powell.
COMMISSIONER POWELL: commenting and
discussing. Looking at Montecito, if that's NR-2 and then
looking at the size of the lots in Ridgemont, that's got
to be NR-4. I mcan, thc lots are half the size if the
scale on here means anything. I just don't see --
COMMISSIONER RISHEL: That doesn't mean --
they might be NR-2 and they built bigger lots.
COMMISSIONER POWELL: It's possible, I
guess. I mcan, I'm not saying it's not. And I'm not
saying I can foresee things I can't. It just appears that
to me,
COMMISSIONER RISHEL: I think Mr, Reichhart
PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 57 - Page 60
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would like to clarify,
MR. REICHHART: Prior to the adoption of
the Code, I believe Montecito was s~-16, but I do believe
the lots were built larger than 16,000 square feet, and
that's why they do look so much bigger,
COMMISSIONER RISHEL: ~ecause they are.
MR. SALMON: And in the same vane, I was
here when Ridgemont was developed and to the best of my
knowledge, it was zoned single family 7 when it was first
developed although there was a condition in the zoning
that restricted lots around the parameter to 10,000 square
feet. So it was -- I think it was a Single Family 7
conditioned zoning district.
COMMISSIONER RISHEL: And it was a minimum
house size which drove some of the lot sizes.
MR. SALMON: Right. It was one of those
deals where it was minimum single 7,000 square feet except
for the lots around the parameter had to be at least
10,000,
COMMISSIONERRISHEL: Thank you. Any
further questions of staff?. Okay. Once again, I have
closed the public hearing. And t would entertain a motion
or recommendation. Commissioner Powcll.
COMMISSIONER POWELL: Move to approve as
Page 62
COMMISSIONER RISHEL: IS there a second7
presented.
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vote. Motion carries 5-0 of the Commissioners present.
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5 COMMISSIONER POWELL: Question of staff.
6 And I believe I know the answer. But we can -- we can
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8 N~3 ~- is there a between the 2 and the 4?
9 MR. REICHHART: YeS, sir, there is.
10 COMMISSIONER POWELL: I would move to
11 approve an
12 COMMISSIONER MULROY: second.
13 COMMISSIONER RISHEL: It'S been moved by
14 Conunissioner Powell. Seconded by Conunissioner Mukoy.
15 Any further cormnents, questions or clarifications?
16 Cormnissloner Apple.
17 COMMISSIONER APPLE: I'll be voting for the
18 motion, i think that's probably a good compromise.
19 COMMISSIONER RISHEL: I do, too. Any
20 further comments, Cormnissioners. I agree with thc
21 Commissioners that have put this forth and think that this
22 is a good compromise. It would be nice to see it
23 developed as a quality development. And I know it would
24 be hard to do in the situation it's in now.
25 Any further comments? Seeing none, please
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Sc~ing no second, motion fails because of no second. Is
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Thank you, Colm'nissioners.
Page 64
PLANNING AND ZONING COMMISSION JULY 10, 2002 Page 61 - Page 64
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
26.8 ACRES OF LAND GENERALLY LOCATED GENERALLY LOCATED AT 3880 HELM
LANE TO THE WEST OF TEASLEY LANE AND NORTH OF RYAN ROAD LEGALLY
DESCRIBED AS ABSTRACT C. PAULLALIER SURVEY TRACTS 25 AND 26, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z002-0031)
WHEREAS, Mary Mohon initiated a change in zoning for approximately 26.8 acres of land
from Neighborhood Residential 2 (NR-2) zoning district classification and use designation to
Neighborhood Residential 4 (NR-4) zoning district classification and use designation; and
WHEREAS, on July 10, 2002, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval to change the zoning to Neighborhood
Residential 3 (NR-3); and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan and Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the approximately 26.8
acres described as Abstract C. Paullalier Survey Tracts 25 and 26, in the City of Denton, Dentin County,
Texas is changed from Neighborhood Residential 2 (NR-2) zoning district classification and use
designation to Neighborhood Residential 3 (NR-3) zoning district classification and use.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
Page 1 of 2
SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Demon Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2 of 2
Exhibit A
Z02-0031
(3880 Helm Lane)
NORTH
NR-2
NR-2
NR-2
SITE
NR~2
LOCATION MAP
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S:\Our DocmmenrshMiscellaneous\02~Agenda Infbrmaric~ Sheer Amending Gas Franchise. doc
Agenda 02-024 08/06/02 #21
AGENDA INFORMATION SHEET
AGENDA DATE: August 6, 2002
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT: Consider and adopt an ordinance amending the existing Gas Franchise between the
City and TXU Gas Company, to provide for a differem consideration and to authorize the lease
of facilities within the City's rights-of-way; providing for acceptance by TXU Gas Company;
finding and determining that the meeting at which this ordinance is passed is open to the public
as required by law; and providing an effective date.
BACKGROUND: In June 2000, the City of Demon filed suit against Texas Utility Company, et
al. ("TXU") in Denton County in an attempt to collect delinquent franchise fees under its Electric
and Gas Franchises with TXU. The City selected Strasburger & Price among five proposals
from outside law firms to represem it in this litigation. Thirtysix other cities joined the
litigation, which has been the subject of mediation and various settlement negotiations since last
summer. As the other cities joined the litigation, the case was removed from DeNon County and
re-filed in Dallas County. Dallas County is where TXU's principal business offices are located.
As a result of mediation in January 2002, the cities agreed cna settlement. Under the settlement,
the City of Denton would receive $100,677 historic gas franchise fee revenue, $3,405 in electric
franchise fee revenue, and $328,028 for reimbursemem of its share of litigation costs. After
paying its share of outstanding litigation costs, DeNon should net about $200,000 in reimbursed
litigation costs. All other cities in the lawsuit will receive their proportional shares of the
settlement.
On June 18 of this year, by passing Ordinance 2002-202, you approved this settlemem with
TXU. As a part of that settlement, TXU has agreed to amend its Gas Franchise with the City to
add additional revenue sources to the franchise fee base. These new gas revenue sources include
the franchise fee on franchise fee revenue, ccntributions in aid of construction, miscellaneous
revenues, and transportation and industrial revenues. This would significantly increase the
amount of future franchise fee revenue under the existing franchise. The franchise amendments
also include a "most favored nations clause" which will give the cities involved in the litigation
additional revenues if any city in the TXU Gas Distribution system receives a franchise which
grants more favorable franchise fee payments than Denton's Gas Franchise.
Under the Charter, it will take three separate readings of the ordinance to amend the Gas
Franchise. We had originally wanted to bring you the first reading on your July 16'h meeting.
But in order to allow several of the cities to work out some concerns aboa language in the Gas
Franchise, we delayed this matter until your August ~ meeting. We have scheduled the second
reading for your August 2(Jh regular meeting and the third and final reading for your September
3rd meeting. The Amendments will be retroaztive back to January 1, 2002 so that the benefits of
the additional revenue sources will be applicable to franchise fee paymems during the currem
year.
S:\Our DocmmenrskMiscellaneous\02kAgenda Infbrmarica~ Sheer Amending Gas Franchise. doc
RECOMMENDATION/OPTIONS:
1. Pass the Amendment to the Gas Franchise on the first reading.
2. Do not pass the ordinance approving the Amendment to the Gas Franchise on the first
reading.
We recommend the City Council pass the ordinance on the first reading. The majority of the
Steering Committee of the 37 cities involved in the settlement recommends that il cities
involved in the litigation approve both the Gas and Electric Franchise Ordinance Amendments.
The passage of the Gas Franchise Ordinance will result in a significant enhancement of future
gas franchise fees. Additional information on the Gas Frmchise Amendment is included in the
City Attorney's status report.
FISCAL INFORMATION:
Diversified Utility Consultants, Inc. has estimated that the additional revenue added by the recent
renewals of the TXU Gas and Electric Franchises, together with the Amendment to the Gas
Franchise will result in something in excess of $2,500,000 in additional franchise fee revenues
over the 10 year life of the franchises assuming slow to moderate growth. TXU Gas will be able
to recover the increase in franchise fee revenue by a surcharge to TXU gas customers.
Respectfully submitted:
Herbert L. Prouty
City Attorney
2
S:\Our Docmments\Or dinances\02\Gas Franchise Amendment. doc
ORDINANCE NO.
AN ORDINANCE ON FIRST READING AMENDING THE EXISTING GAS FRANCHISE
BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT
CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE
CITY'S RIGHTS-OF-WAY; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY;
FiNDiNG AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, tlrough its TXU
Gas Distribution division, engaged in the business of furnishing and supplying gas to the general
public in the City, including the transportation, delivery, sale, and distribution of gas in, out of,
and through the City for all purposes, and is using the public streets, alleys, grounds and rights-
of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly
passed by the governing body of the City and duly accepted by TXU Gas; and
WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide
for a different consideration and to authorize the lease of facilities within the City's rightsof-
way; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The existing gas franchise ordinance between the City and TXU Gas
Company is amended as follows:
Effective January 1, 2002, the consideration payable by TXU Gas for the rights
and privileges granted to TXU Gas by the franchise ordinance heretofore duly
passed by the governing body of this City and duly accepted by TXU Gas is
hereby changed to be four percent (4%) of the Gross Revenues, as defined in
Section 1 .B. below, received by TXU Gas.
"Gross Revenues" shall mean all revenue derived or received, directly cr
indirectly, by the Company from or in connection with the operation of the
System within the corporate limits of the City and including, without limitation:
all revenues received by the Company from the sale of gas to all classes of
customers within the City;
(2)
all revenues received by the Company from the transportation of gas
through the pipeline system of Company within the City to customers
located within the City;
(3)
the value of gas transported by Company for Transport Customers thrmgh
the System of Company within the City ("Third Party Sales"), with the
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value of such gas to be reported by each Transport Customer to the
Company, provided, however, that should a Transport Customer refuse to
furnish Company its gas purchase price, ComFany shall estimate same by
utilizing TXU Gas Distfibution's monthly industrial Weighted Average
Cost of Gas, as reasonably near the time as the transportation service is
performed; and
(4) "Gross revenues" shall include:
(a) other revenues derived l~om the following 'miscellaneous
charges':
charges to connect, disconnect, or reconnect gas within the
City;
ii.
charges to handle returned checks from consumers within
the City;
iii.
such other service charges and charges as may, from ime
to time, be authorized in the rates and charges on file with
the City; and
iv. contributions in aid of construction" ("CIAC");
(b) revenues billed but not ultimately collected or received by the
Company; and,
(c) gross receipts fees.
(5) "Gross revenues" shall not include:
(a)
the revenue of any Person including, without limitation, an
affiliate, to the extent that such revenue is also included in Gross
Revenues of the Company;
(b) sales taxes; and
(c) any interest income earned by the Canpany; and
(d)
all monies received from the lease or sale of real or personal
property, provided, however, that this exclusion does not apply to
the lease of facilities within the City's fight of way.
C. Calculation and Payment of Franchise Fees Bas<d on CIAC
The franchise fee amounts based on "Contributions in aid of Construction"
("CIAC") shall be calculated on an annual calendar year basis, i.e., from
January 1 through December 31 of each calendar year.
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(2)
The franchise fee amounts that are due based on CIAC shall be paid at
least once annually on or before April 30 each year based on the total
CIAC recorded during the preceding calendar year.
Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU
Gas
If TXU Gas should at any time after the effective date of this Ordinance
agree to a new municipal franchise ordinance, or renew an existing
municipal franchise ordinance, with another municipality, which
municipal franchise ordinance determines the franchise tSe owed to that
municipality for the use of its public rights-of-way in a manner that, if
applied to the City, would result in a franchise fee greater than the amount
otherwise due City under this Ordinance, then the franchise fee to be paid
by TXU Gas to City pursuant to this Ordinance shall be increased so that
the amount due and to be paid is equal to the amount that would be due
and payable to City were the franchise fee provisions of that other
franchise ordinance applied to City.
(2)
The provisions of this Subsection D apply only to the amount of the
franchise fee to be paid and do not apply to other franchise fee payment
provisions, including without limitation the timing of such payments.
E. TXU Gas Franchise Fee Recovery Tariff
TXU Gas may file with the City a tariff amendment(s) to provide for the
recovery of the franchise fees under this amendment.
(2)
City agrees that (i) as regulatory authority, it will adopt and approve the
ordinance, rates or tariff which provide for 100% recovery of such
franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any
regulatory proceeding before a federal or state agency in which the
recovery of TXU Gas' franchise fees is an issue, the City will take an
affirmative position supporting 100% recovery of such franchise fees by
TXU Gas and; (iii) in the event of an appeal of any such regulatory
proceeding in which the City has intervened, the City will take an
affirmative position in any such appeals in support of the 100% recovery
of such franchise fees by TXU Gas.
(3)
City agrees that it will take no action, nor cause any other person or entity
to take any action, to prohibit the recovery of such franchise fees by TXU
Gas.
Lease of Facilities Within City's Rights-of-Way. TXU Gas shall have the right to
lease, license or otherwise grant to a party other than TXU Gas the use of its
facilities within the City's public rights-of-way provided: (i) TXU Gas first
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notifies the City of the name of the lessee, licensee or user; the type ofservice(s)
intended to be provided through the facilities; and the name and telephone number
of a contact person associated with such lessee, licensee or user and (ii) TXU Gas
makes the franchise fee payment due on the revenues from such lease pursuant to
Sections I.A. and I.B. of this Ordinance. This authority to Lease Facilities Within
City's Rights-of-Way shall not affect any such lessee, licensee or user's obligation,
if any, to pay franchise fees.
SECTION 2. In all respects, except as specifically and expressly amended by this
ordinance, the existing effective franchise ordinance heretofore duly passed by the governing
body of the City and duly accepted by TXU Gas shall remain in full force and effect according to
its terms until said franchise ordinance terminates as provided therein.
SECTION 3. This ordinance shall take effect upon its final passage and TXU Gas'
acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its
written acceptance of this ordinance with the Office of the City Secretary in substantially the
following form:
To the Honorable Mayor and City Council:
TXU Gas Distribution, a division of TXU Gas Company, acting by and
through the undersigned authorized officer, hereby accepts in all r~pects, on this
the day of , 20 , Ordinance No.
amending the current gas franchise between the City and TXU Gas and the same
shall constitute and be a binding contractual obligation of TXU Gas and the City.
TXU Gas Distribution
A division of TXU Gas Company
By
Vice President
SECTION 4. It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of the time,
place and purpose of said meeting was given as required.
MARK BURROUGHS, MAYOR PRO TEM
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
The City of Denton, Texas, acting herein by its duly constituted authorities, hereby
declares the foregoing Ordinance passed on fist reading on the __ day of ,2002;
and passed on second reading on the __
reading on the __ day of
,2002.
day of , 2002; and passed on third
,2002; and being finally effective as of the __ day of
/s/ Abstained /s/
Euline Brock, Mayor
Mark Burroughs, Mayor Pro Tem
/s/ /s/
Bob Montgomery, Council Member
Perry McNeill, Council Member
/s/ /s/
Jane Fulton, Council Member
/s/
Raymond Redmon, Council Member
Michael Phillips, Council Member
The above and foregoing ordinance read, adopted on first reading and passed to scond reading
by the following votes, this the __ day of ,2002, at a regular session of the City
Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
The above and foregoing ordinance read, adopted on second reading md passed to third reading
by the following votes, this the __ day of ,2002, at a regular session of the
City Council.
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Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
The above and foregoing ordinance read, adopted onthird reading and passed by the following
votes, this the __ day of ,2002, at a regular session of the City Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Momgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
STATE OF TEXAS §
COUNTY OF DENTON §
I, Jennifer Walters, City Secretary of the City of Demon, Texas, do hereby certify that the
above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between
the City of Demon and TXU Gas Company doing business as TXU Gas. The same is now
recorded as Ordinance Number
Texas.
WITNESS MY HAND this the
(SEAL)
in the Ordinance Records of the City of Demon,
day of ,2002.
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Jennifer Walters, City Secretary
ACCEPTANCE
WHEREAS, the City Council of the City of Demon, Texas, did on the __
,2002, enact an Ordinance entitled:
day of
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY
AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND
TO AUTHORIZE THE LEASE OF FACILITIES WiTHiN THE CITY'S RIGHTS-OF-WAY;
PROViDiNG FOR ACCEPTANCE BY TXU GAS COMPANY; FiNDiNG AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROViDiNG AN EFFECTIVE
DATE.
WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU
Gas Distribution division, engaged in the business of furnishing and supplying gasto the general
public in the City, including the transportation, delivery, sale, and distribution of gas in, out of,
and through the City for all purposes, and is using the public streets, alleys, grounds and rights
of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly
passed by the governing body of the City and duly accepted by TXU Gas; and
WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide
for a differem consideration and to atthorize the lease of facilities within the City's rights-of-
way;
To the Honorable Mayor and City Council:
TXU Gas Distribution, a division of TXU Gas Company, acting by and
through the undersigned authorized officer, hereby accepts in all respects,on this
the day of , 20 , Ordinance No.
amending the currem gas franchise between the City and TXU Gas and the same
shall constitute and be a binding contractual obligation of TXU Gas and the City.
TXU Gas Distribution
A division of TXU Gas Company
DATED this the
By
__ day of
Vice Presidem
,2002.
TXU GAS COMPANY
doing business as TXU GAS
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By:
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Agenda 02-024 08/06/02 #22
AGENDA INFORMATION SHEET
AGENDA DATE: August 6, 2002
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT: Consider and adopt an ordinance amending the existing Electric Franchise between
the City and Oncor Electric Delivery Corrpany, to provide for a differem consideration;
providing for acceptance by Oncor Electric Delivery Company; finding and determining that the
meeting at which this ordinance is passed is open to the public as required by law; and providing
an effective date.
BACKGROUND: In June 2000, the City of Demon filed suit against Texas Utility Company, et
al. ("TXU") and DeNon County in an attempt to collect delinquent franchise fees under its Gas
and Electric Franchises with TXU. The City selected Strasburger& Price among five proposals
from outside law firms to represem it in this litigation. Thirt~six other cities joined the
litigation, which has been the subject of mediation and various settlement negotiations since last
summer. The negotiated settlement adds a number of miscellaneous revenue sources and also
includes a "most favored nations clause" which will give Denton and all the other cities involved
in the litigation additional revenues if any city in the Oncor Electric Delivery Company (TXU
Electric Distribution) System (Oncor) grants more favorable franchise fee paymems than
Denton's Electric Franchise.
On June 18 of this year, by passing Ordinance 2002-202, you approved this settlemem with
TXU. As a part of that settlement, TXU has agreedto amend its Electric Franchise with the City
to add additional revenue sources to the franchise fee base. These new electric revenue sources
include a number of discretionary service charges. This would increase the amount of future
franchise fee revenue under the existing franchises.
Under the Charter, it will take three separate readings of the ordinance to amend the Electric
Franchise. We had originally wanted to bring you the first reading on your July 1 ~ meeting.
But in order to allow several of the cities to work out some concerns about language in the Gas
Franchise, we delayed this matter until your August ~ meeting. We have scheduled the second
reading for your August 2(~h regular meeting and the third and final reading for your September
3rd meeting. The Amendments will be retroactive back to January 1, 2002 so that the benefits of
the additional revenue sources will be applicable to franchise fee paymems during the currem
year.
S:\Our D ocmm enr skMis cellan eous\02kAg en da In fbrmarica~ Sheer Amending Electric Franchise.doc
RECOMMENDATION/OPTIONS:
1. Pass the Amendment to the Electric Franchise on the first reading
2. Do not pass the ordinance approving the Amendment to the Electric Franchise on the
first reading.
We recommend the City Council pass the ordinance on the first reading. The majority of the
Steering Committee of the 37 cities involved in the settlement recommends that all cities
involved in the litigation approve both the Gas and Electric Franchise Ordinance Amendments.
Passage would enhance future franchise fee revenue. Additional information concerning the
passage of the Electric Franchise Amendment is included in the City Attorney's status report.
FISCAL INFORMATION:
The additional revenue added by the recent renewal of Oncor's Electric Franchise together with
the amendment to the Electric Franchise agreed by Oncor will result in something in excess of
$100,000 in additional franchise fee revenues over the ten year life of the Franchise assuming
low to moderate growth according to the estimates of Diversified Utility Consultant's, Inc.
Oncor will be able to recover the increase in franchise fee revenue by a surcharge to Oncor's
electric customers.
Respectfully submitted:
Herbert L. Prouty
City Attorney
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ORDINANCE NO.
AN ORDINANCE ON FIRST READING AMENDING THE EXISTING ELECTRIC
FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO
PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING FOR ACCEPTANCE BY
ONCOR ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric
Company (hereinafter called "Oncor") is engaged in the business of providing electric utility
service within the City and is using the public streets, alleys, grounds and rightsof-ways within
the City for that purpose under the terms of a franchise ordinance heretofore duly pased by the
governing body of the City and duly accepted by Oncor; and
WHEREAS, the City and Oncor desire to amend said franchise ordinance to provide for a
different consideration; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The existing electric franchise ordinance between the City and Oncor
Electric Delivery Company is amended as follows:
Effective January 1, 2002, the franchise fee due from Oncor shall be a sum
comprised of the following:
a charge, as authorized by Section 33.008(b) of PURA, based on each
kilowatt hour of electricity delivered by Oncor to each retail customer
whose consuming facility's point of delivery is located within the City's
municipal boundaries and as specified by Oncor to the Ciy by letter dated
January 21, 2002.
(a)
The franchise fee due pursuant to Section 33.008(b) of PURA shall
be payable in accordance with the existing electric franchise; and
(2)
a sum equal to four percent (4%) of gross revenues received by Oncor
from services identified in its "Tariff for Retail Delivery Service", Section
6.1.2, "Discretionary Service Charges," items DD 1 through DD24, that are
for the account or benefit of an end-use retail electric consumer.
(a)
The franchise fee amounts based on "Discretionary Service
Charges" shall be calculated on an annual calendar year basis, i.e.,
from January 1 through December 31 of each calendar year.
(b)
The franchise fee amounts that are due based on "Discretionary
Service Charges" shall be paid at least once annually on or before
April 30 each year based on the total "Discretionary Service
Charges" received during the preceding calendar year.
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B. Oncor Franchise Fee Recovery Tariff
Oncor may file a tariff amendment(s) to provide for the recovery of the
franchise fee on Discretionary Service Charges.
(2)
City agrees (i) to the extent the City acts as regulatory authority, to adopt
and approve that portion of any tariff which provides for 100% recovery
of the franchise fee on Discretionary Service Charges; (ii) in the event the
City intervenes in any regulatory proceeding before a federal or state
agency in which the recovery of the franchise fees on such Discretionary
Service Charges is an issue, the City will take an affirmative position
supporting the 100% recovery of such franchise fees by Oncor and; (iii) in
the event of an appeal of any such regulatory proceeding in which the City
has intervened, the City will take an affirmative position in any such
appeals in support of the 100% recovery of such franchise fees by Oncor.
(3)
City agrees that it will take no action, nor cause any other person or entity
to take any action, to prohibit the recovery of such franchise fees by
Oncor.
SECTION 2. In all respects, except as specifically ard expressly amended by this
ordinance, the existing effective franchise ordinance heretofore duly passed by the governing
body of the City and duly accepted by Oncor shall remain in full force and effect according to its
terms until said franchise ordinance terminates as provided therein.
SECTION 3. This ordinance shall take effect upon its final passage and Oncor's
acceptance. Oncor shall, within thirty (30) days from the passage of this ordinance, file its
written acceptance of this ordinance with the Office of the City Secretary in substantially the
following form:
To the Honorable Mayor and City Council:
Oncor Electric Delivery Company, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the day of
, 20 , Ordinance No. amending the
current electric franchis,~tween the City and Oncor and the same shall
constitute and be a binding contractual obligation of Oncor and the City.
Oncor Electric Delivery Company
By
Vice President
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SECTION 4. It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of the line,
place and purpose of said meeting was given as required.
MARK BURROUGHS, MAYOR PRO TEM
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
The City of Denton, Texas, acting herein by its duly constituted authorities, hereby
declares the foregoing Ordinance passed on first reading on the __ day of ,20)2;
and passed on second reading on the __ day of , 2002; and passed on third
reading on the __ day of ,2002; and being finally effective as of the __ day of
,2002.
/s/ Abstained /s/
Euline Brock, Mayor
Mark Burroughs, Mayor Pro Tem
/s/ /s/
Bob Montgomery, Council Member
Perry McNeill, Council Member
/s/ /s/
Jane Fulton, Council Member
Michael Phillips, Council Member
/s/
Raymond Redmon, Council Member
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The above and foregoing ordinance read, adopted on first reading and passed to second reading
by the following votes, this the __ day of ,2002, at a regular session of the City
Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
The above and foregoing ordinance read, adopted on second reading and passed to third reading
by the following votes, this the __ day of ,2002, at a regular session of the
City Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
The above and foregoing ordinance read, adopted on third reading and passed by the following
votes, this the __ day of ,2002, at a regular session of the City Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
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Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
STATE OF TEXAS §
COUNTY OF DENTON §
I, Jennifer Walters, City Secretary of the City of Dent)n, Texas, do hereby certify that the
above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between
the City of Demon and TXU Gas Company doing business as TXU Gas. The same is now
recorded as Ordinance Number in the Ordinance Records of the City of Denton,
Texas.
WITNESS MY HAND this the
day of ,2002.
(SEAL)
Jennifer Walters, City Secretary
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ACCEPTANCE
WHEREAS, the City Council of the City of Denton, Texas, did on the __
,20__, enact an Ordinance entitled:
day of
AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE
CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A
DIFFERENT CONSIDERATION;; PROVIDING FOR ACCEPTANCE BY ONCOR
ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric
Company (hereinafter called "Oncor") is engaged in the business of providing electric utility
service within the City and is using the public streets, aleys, grounds and rights-of-ways within
the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the
governing body of the City and duly accepted by Oncor; and
WHEREAS, the City and Oncor desire to amend said franchiseordinance to provide for a
different consideration
To the Honorable Mayor and City Council:
Oncor Electric Delivery Company, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the day of
, 20 , Ordinance No. amending the
current electric franchise between the City and Oncor and the same shall
constitute and be a binding contractual obligation of Oncor and the City.
Oncor Electric Delivery Company
By
Vice President
DATED this the __ day of ,2002.
ONCOR ELECTRIC DELIVERY COMPANY
By:
Vice President
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