HomeMy WebLinkAboutApril 6, 2004 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
April 6, 2004
After determining that a quorum is presem, the City Council of the City of DeNon, Texas will
convene in a Work Session on Tuesday, April 6, 2004 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:
Receive a report, hold a discussion and give staff direction on an Ethics Policy and
Amendments to the Code of Elections Ethics for the City of Denton.
Receive a report, hold a discussion and give staff direction regarding the City of DeMon's
Emergency Management Program.
o
Receive a report, hold a discussion and give staff direction regarding the City of DeNon
utility billing life cycle and associated customer issues.
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of April 6, 2004.
Following the completion of the Work Session, the City 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
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the Texas Governmem Code, as amended, as set forth below.
1. Closed Meeting:
mo
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071
Receipt of legal advice from the City Attorney regarding the award of
Special Commissioners and procedural options in condemnation
proceedings styled The City of Denton v. Gary Jay Madrigal and Rosanne
Madrigal, Cause No. ED-2003-00098 pending in the Probate Court of
Denton County, Texas.
Bo
Deliberations regarding personnel matters - Under TEXAS GOVERNMENT
CODE Section 551.074.
Deliberate and discuss employment evaluation of the City Manager, City
Attorney, and Municipal Court Judge relating to the establishment of
performance measures for such City Council appoimees, including matters
relating to duties and discipline.
Co
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071.
City of Demon City Council Agenda
April 6, 2004
Page 2
Discuss and consider legal issues concerning Charter Communications
d/b/a Marcus Cable Associates, L.L.C, ("Charter") in negotiations with
Charter concerning the Charter Franchise Renewal and the City of
Denton's participation in the Charter Consortium of Cities, where to
discuss these legal issues concerning the above stated matters with the
attorneys 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 and would jeopardize the City's
position in administrative proceedings or in potential litigation.
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 ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, iNCLUDiNG, WITHOUT LiMiTATiON §§551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of Demon City Council on Tuesday, April 6, 2004 at 6:30 p.m. in
the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
mo
U.S. Flag
Texas Flag
"Honor the Texas Flag -- i pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
B. Recognition of staff accomplishments
3. CITIZENS REPORTS
mo
Receive citizen reports from the following:
1. Carl Young, Sr. regarding invitation to Annual Easter Egg Hum and
concern regarding the remal of a meeting room by the Vietnam Veterans
of America.
2. Peternia Washington regarding responsive govemmem part 4.
3. Willie Hudspeth regarding minority hiring and the tree ordinance.
City of DeNon City Council Agenda
April 6, 2004
Page 3
4. 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 Consem Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consem Agenda (Agenda items A-Q). This listing is provided on the Consem Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda.
if no items are pulled, Consem Agenda items A-Q 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.
mo
Consider adoption of an ordinance directing the publication of Notice of Intention
to issue Certificates of Obligation of the City of DeNon; and providing for an
effective date.
Bo
Consider adoption of an ordinance of the City Council of the City of DeNon,
Texas authorizing the City Manager to execute a Professional Services Agreement
with R. J. Covington Consulting, LLC for consulting services relating to Task
Order No. 04-B, providing for DeNon Municipal Electric Rate Design and Study;
authorizing the expenditure of funds therefor; and providing an effective date.
Co
Consider approval of a resolution of the City of DeNon, Texas authorizing an
application for designation as a "Preserve America" Community and endorsing
the goals of the "Preserve America" program; and providing for an effective date.
Do
Consider adoption of an ordinance accepting competitive bids and awarding a
comract for the purchase of wood grinding services for the City of DeNon
Compost Facility; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3140 - Wood Grinding for Compost Facility awarded to
Thelin Recycling Company, L.P. in the amoum of $.889 per cubic yard).
mo
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of skate park ramps and equipment for the City of
Denton Parks Department; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3146 - Skate Park Ramps and Equipmem
awarded to Kraftsman Playground and Park Equipmem in the base bid amoum of
$29,890 plus alternates 2, 4 and 6 in the amoum of $2960 for a total amoum of
$32,850).
Fo
Consider approval of a resolution of the City of DeNon, Texas authorizing the
Public Utility Commission of Texas to set the access line rate at the new CPI-
Adjusted Maximum rate to be paid to the City by Certificated
Telecommunications Providers pursuant to Chapter 283 of the Texas Local
Governmem Code, ("HB 1777"), and providing an effective date.
City of Denton City Council Agenda
April 6, 2004
Page 4
Consider approval of tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
A~n~la ~B~ ~i~at~ Payment 2003
i iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiii
2. Chicago Title Duplicate Payment 2003 604.04
4. Davis, Brian & Bobbi Duplicate Payment 2003 731.06
i ni~i S ~ig ~up!i at~ Payment ~003 5
6: FidelitY National Title Duplicate Paymem 2003 694:40
8~ ForetrayelofNorthTesas Duplicate Payment 2003 3,557.79
10. Hexter-Fair Title Duplicate Payment 2003 747.57
i ~ R~ D~Pl~at~ Pa-¢~nt 2003 2 fi0 83
12. Meyers, Nina Duplicate Payment 2003 520.85
14. Title Escrow Duplicate Payment 2003 938.77
1 ~ck~ P~nt~ C~ryl D~Pl~at~Pay~nt 2003 6~
16. Wells Fargo Duplicate Payment 2003 562.93
18. Westdale Carriage Square, Duplicate Payment 2003
Ltd
1,673.99
Consider adoption of an ordinance amending and replacing the Emergency
Management Plan; providing for the mitigation effects of possible hazards;
preparation and measures to preserve life and minimize damages; preparation for
responses during emergencies and providing for necessary assistance; and
developing a system and processes necessary to return the City of Denton to a
normal state of affairs after a disaster and providing an effective date.
Consider adoption of an ordinance amending, repealing and replacing Chapter 9
of the Code of Ordinances "Emergency Management"; creating an Office of
Emergency and Disaster Management, Director of Disaster and Emergency
Services, and other offices; providing for an Emergency Managemem Plan,
providing definitions; providing for a declaration of a disaster proclamation;
providing for suspension of laws and the powers of the Mayor during an
emergency/disaster; providing for a penalty not to exceed $2,000 and a civil
penalty not to exceed $5,000 for violation of this ordinance; providing for a
severability clause; and providing an effective date.
Consider adoption of an ordinance of the City of Denton, Texas terminating that
certain airport lease dated November 6, 2001, by and between the City of Demon,
Texas and Paul Bridges; authorizing the City Attorney or his designee to take
appropriate legal action, if necessary to effectuate the termination; and providing
an effective date.
City of Demon City Council Agenda
April 6, 2004
Page 5
Ko
Consider adoption of an ordinance of the City of Demon, Texas, repealing
ordinance number 96-273 and amending Chapter 18 of the Code of Ordinances by
adding Section 18-73; altering the prima facie speed limits established for
vehicles under the provision of Transportation Code, Section 545.356 upon
Teasley Lane or FM 2181 or parts thereof, within the incorporate limits of the
City of Demon; providing a penalty not to exceed $200.00; providing a
severability clause, providing for publication; and declaring an effective date.
Lo
Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreemem between the City of Demon and Demon County for the
impoundmem and disposition of dogs and cats and the collection of fees pursuam
to the provisions of said agreement; and providing for an effective date.
Mo
Consider adoption of an ordinance of the City of Demon, Texas amending
Chapter 21, Article I of the Code of Ordinances of the City of Demon by adding a
section prohibiting soliciting near automated teller machines which are located in
public places; providing a savings clause; providing a severability clause;
providing a penalty not to exceed five hundred dollars; and declaring an effective
date.
N. Consider approval of the minutes of March 2, and March 23, 2004.
Oo
Consider adoption of an ordinance of the City of Demon, Texas authorizing
payment of the award of Special Commissioners into the Registry of the Court in
condemnation proceeding styled The City of Denton, Texas v. Gary Jay Madrigal
and Rosanne Madrigal, Cause No. ED-2003-00098 pending in the probate court
of Denton County, Texas; and declaring an effective date.
Po
Consider adoption of an ordinance authorizing the City Manager to execute
change order number one to the contract between the City of Denton and
Techline, Inc.; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3043 - Annual Price Agreement for Electric Distribution
Cables Change Order Number One in the estimated amoum of $100,000).
Qo
Consider approval of a resolution by the City Council of the City of Demon,
Texas, supporting the efforts by the University of North Texas to gain
membership in Conference USA; and providing for an effective date.
5. PUBLIC HEARINGS
mo
Hold a public hearing and consider adoption of an ordinances allowing the
negotiation of the best bid for a lease for an Oil and Gas Non-Drill Site/Pooling
Agreemem with the bidders and city owned land:
Consider adoption of an ordinance allowing the negotiation of the best bid
for a contract for an Oil and Gas Non-Drill Site/Pooling Agreement at
Mack Park with HEP Oil Company, Ltd. and allowing the City Manager
to execute a Lease as long as the Lease is in substantially the same form as
the City's Standard Lease; and providing an effective date.
City of DeNon City Council Agenda
April 6, 2004
Page 6
Consider adoption of an ordinance allowing the negotiation of the best bid
for a contract for an Oil and Gas Non-Drill Site/Pooling Agreement at
Lake Forest Park with Trio Consulting & Management, L.L.C. and
allowing the City Manager to execute a Lease as long as the Lease is in
substamially the same form as the City's Standard Lease; and providing an
effective date.
o
Consider adoption of an ordinance allowing the negotiation of the best bid
for a contract for an Oil and Gas Non-Drill Site/Pooling Agreement at the
Airport Open Space Park with Enexco, inc. and allowing the City
Manager to execute a Lease as long as the Lease is in substantially the
same form as the City's Standard Lease; and providing an effective date.
Bo
Hold a public hearing and consider adoption of an ordinance approving a Detailed
Plan for Planned Developmem 115 (PD-115) for approximately 9.1 acres. The
property is generally located at the southwest corner of US Highway 77 and
Bonnie Brae. A church is proposed. The Planning and Zoning Commission
recommends approval (7-0). (Z03-0032, Planned Development 115 - Northlake
Baptist Church)
Co
Hold a public hearing and consider adoption of an ordinance regarding the
rezoning of approximately 7.4 acres from a Neighborhood Residemial 2 (NR-2)
zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The site is
located approximately 370 feet south of Paisley Street, between Audra Lane and
Mack Drive. The Planning and Zoning Commission recommends denial of the
request (6-0). (Z04-0004, Laurel Oaks DevelopmenO SUPER MAJORITY
VOTE REQUIRED FOR APPROVAL.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
mo
Consider approval of a resolution of the City of DeNon, Texas, appoiming one
member and two alternates to the Board of Directors or Executive Committee of
the Denton County Transportation Authority; providing a repealer; and providing
an effective date.
Bo
Consider adoption of an ordinance of the City of DeNon, Texas prohibiting
parking during certain hours on the east side of Bradshaw Street from its
intersection with Wilson Street north for a distance of approximately 525 feet;
providing a savings clause; providing a severability clause; providing a penalty
not to exceed two hundred dollars; and declaring an effective date.
Co
Consider adoption of an ordinance of the City of DeNon, Texas amending
Chapter 16 relating to licenses, permit and business regulations by replacing
Article iii titled Solicitors and Itinerant Merchants in its entirety with a new
Article iii; providing a severability clause; a savings clause; providing for a
penalty not to exceed $500 for violations of this ordinance; and providing for an
effective date.
City of Demon City Council Agenda
April 6, 2004
Page 7
Do
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
mo
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Fo
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Go
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 ,2004 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: April 6, 2004
DEPARTMENT: Legal Department
CM/DCM/ACM: Dorothy Palumbo, Senior Assistant City Attorney
SUBJECT: Receive a report, hold a discussion and give staff direction on an Ethics Policy and
Amendments to the Code of Election Ethics for the City of Denton.
BACKGROUND: City governments are moving toward Ethics Policies to address the question
of standards of conduct for elected representatives. Those who serve as public servants must
adhere to a higher ethical standard of conduct since the activities of government benefit the
community as a whole. The Denton City Council appointed a Council Ethics Committee who
has met and has studied several government ethics policies. Attachment # t is a draft of the
committee's recommendation for an Ethics Policy. Attachment # 2 contains an amendment to
the Code of Election Ethics for the City of Denton.
OPTIONS:
Direct Staff to proceed or with the Ethics Policy and Amendment to the
Code of Election Ethics or to add or delete provisions to the policies.
Direct Staff to perform additional research concerning the policies.
Direct Staff not to proceed or with the Ethics Policy and Amendment to
the Code of Election Ethics.
Respectfully submitted,
Dorothy Pat~rtbo, Sr. Asst. City Attorney
\Our DocumemsLMiscellaneo~\04~AIS-Ethms Policy doc
ATTACHMENT t
DRAFT
ETHICS POLICY for Elected and Appointed Officials - City of Denton, TX.
This Ethics Policy has been adopted to encourage and ensure the highest standards of
personal and public conduct during tenure in office. Adherence to this Policy will maintain
the confidence and trust in the decision-makers and representatives of the City who must
remain independent, impartial, and accountable to the people they serve. In addition, elected
and appointed officials must adhere to Texas state statues and City Charter provisions and
City Council Rules of Procedure governing their conduct. These are listed at the end of this
Policy. Thus, elected City Council Members as well as appointed members of the City's
Boards and Commissions are asked to subscribe to the Texas statutes, City of Denton
Charter, Rules of Procedures for City Boards and Commissions, and this Ethics Policy.
1. As a representative of the City of Denton, I will be ethical.
I will act with integrity and moral courage. I will be absolutely truthful. I will make
impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other
personal interests that might impair my independence of judgment. I will always decide
what is best for the whole city. I will respect confidences and information designated
"confidential" to the extent permitted by law. I will use my title and city logo or letterhead
only when conducting official City business and will not exceed my authority.
2. As a representative of the City of Denton, ! will be service-oriented.
I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and
care about the needs and issues of all Denton citizens.
3. As a representative of the City of Denton, I will be fiscally responsible.
I will make prudent decisions, taking into account the long-term financial needs of the City
and its financial stability. I will make decisions that seek to preserve programs and services
for City residents.
4. As a representative of the City of Denton, I will be communicative.
I will communicate that I am approachable, open-minded and willing to enter into dialog.
will listen carefully and my response will add value to the conversation.
5. As a representative of the City of Denton, I will be cooperative.
I will work toward consensus building and gain value from diverse opinions. I will
approach my position and relationships with a positive attitude. I will consider the broader
regional and statewide implications of decisions. I will work with the Universities, DISD,
the Chambers of Commerce, other governmental entities, and local nonprofit agencies on
common issues.
6. As a representative of the City of Denton, I will be progressive and receptive to
new ideas.
I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to
the need for compromise, to think outside the box, and improve existing models when
necessary. I will keep my knowledge of local government current and growing.
H:~Dotne's Stuff'~Poliey Draft ti doc
DRAFT
Elected officials and appointed officials, boards and commissions must adhere to the
following Texas statutes:
Civil Statutes
Open Meetings Act (Tex. Govt. Code. Ann. Ch. 551)
Public Information Act/Open Records Act (Tex. Govt. Code. Ann. Ch. 552)
Conflicts of Interest (Tex. Loc. Govt. Code, Ch. 171, Ch. 212)
Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39)
Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b)
Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552-16a)
Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252)
State Penal Laws
Bribery (Tex. Penal Code, § 36.02)
Coercion of Public Servant or Voter (Tex. Penal Code, § 36.03)
Improper Influence (Tex. Penal Code § 36.04)
Tampering with a Witness (Tex. Penal Code § 36.04)
Retaliation (Tex. Penal Code § 36.06)
Gifts to Public Officials (Tex. Penal Code § 36.08)
Offering Gift to Public Servant (Tex. Penal Code § 36.09)
Abuse of Office (Chapter 39)
Official Misconduct (Tex. Penal Code § 39.01)
Official Oppression (Tex. Penal Code § 39.02)
Misuse of Official Information (Tex. Penal Code § 39.03)
City Documents
In addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules
and Code of Election Ethics are applicable.
The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and
board members as they represent the citizens of Denton, I will voluntarily accept reprimand
from my colleagues if I should act contrary to this policy.
H:XDottWs StuffxPolicy Draft II.doc
ATTACHMENT 2
CODE OF ELECTION ETHICS
THE CITY OF DENTON
PURPOSE
The citizens of Denton deserve truthful, fair and open campaigns for public office. Such
campaigns encourage, rather than discourage participation in the political process. They further
discourage the cynicism, voter alienation and apathy seen too often in the election of those who
hold the public trust.
ASSUMPTIONS
The goal of free, open, sincere and honest debate on the issues.
Campaigns for public office are subject to unacceptable levels of negativism, attack advertising,
unfair election activities and other practices, that discourage participation in the elective process.
Candidates are ultimately responsible for fair and ethical campaign practices.
FUNDAMENTAL CAMPAIGN PRACTICES
My campaign will be committed to the principles of honesty, fairness, and respect for my
opponents and responsibility for my campaign activities.
My campaign will emphasize my views, beliefs and experiences. Essential to such a campaign is
an open and public discussion of issues and presentation of my record and positions in a truthful,
frank and sincere manner.
My campaign will not use or allow outside parties to use deceptions, half-truths, or innuendo in
my campaign.
Claims made by my campaign about me or about my opponent(s) will be supported by publicly
available, factual documents or evidence.
I will disclose all contributions made to my campaign and will supply campaign finance reports
as required by law.
My campaign will not use the city lo~o or letterhead.
OPPONENT RESPECT
My campaign will avoid untrue references to my opponent.
My campaign will not use personal attacks that have no relevance to the issues before the public.
My campaign will encourage debates in public forums.
My campaign will present my record and that of my opponent(s) accurately in a manner focusing
on the issues relating to the office sought.
My campaign will ensure that my campaign staff and campaign supporters will observe these
principles of campaign practices. As a candidate, I will take full responsibility for alt advertising
or other statements created or used on my behalf by both campaign staff and supporters.
My campaign will be conducted openly and publicly, discussing the issues as I see them,
presenting my record and policies with sincerity and frankness, and yet free to present the record
and policies of my opponents.
My campaign will not condone or allow advertising that does not meet these principles stated
and should such occur, my campaign will correct such advertising in an appropriate manner.
Date Signature
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2004
Fire Department
Jon Fortune, Assistant City Manager
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the City of DeMon's
Emergency Management Program.
BACKGROUND
The City of DeNon has an outstanding Emergency Managemem Program. It meets all the
mandates of the Federal government and the State Government. State law specifically mandates
that the City prepare, adopt and keep current an emergency management plan for its area.
The current Emergency Managemem Plan was completed and submitted for State of Texas
approval in December 2002. This was an update to an existing plan that had not been officially
recognized since 1989. Chapter 418 of the Texas Governmem Code (The Texas Disaster Act)
requires the City Council to adopt an emergency managemem plan for its area that provides for
disaster mitigation preparedness, response, and recovery. This plan complies with the provisions
of Chapter 418. Since portions of the Plan contain confidential information as set forth in
Chapter 418 of the Govemmem Code, Section 552.139 of the Governmem Code or other
application law, a CD ROM of the Plan is being provided to you as a part of the City Attorney's
status report.
The Emergency Managemem Ordinance is curremly comained in Chapter 9 of the City Code.
The Ordinance was written in 1966 and many of its provisions are outdated. Since the last
adoption of the Chapter 9 we have experienced the horrible terrorists acts of September 11,2001,
the Federal Department of Homeland Security has been established, the Texas Disaster Act of
1975 (Chapter 418 of the Texas Governmem Code) and the Homeland Security Act of 2003
(Chapter 421 of the Texas Governmem Code) have been enacted.
Staff will propose an ordinance which amends, repeals and replaces Chapter 9 of the City Code
"Emergency Management" with a modern Emergency and Disaster Planning and Response
Ordinance which will do the following:
Creates an Office of Emergency and Disaster Management separate from the County
headed by the Mayor as the Director of Disaster and Emergency Service.
C:\lahollcy\Backup 2004\CC April 6/h\WS Emergency Managcmcn/\WS Emergency Managcmcm AIS.doc
Creates the Office of the Emergency Management Coordinator who is responsible for
many disaster and homeland security grams and the securing of confidemial information
such as information relating to critical infrastructure.
Providing definitions including definitions of disaster, utility emergency, and homeland
security activity.
Providing for the developmem and maimenance of an up-to-date and comprehensive
emergency management plan.
Listing the Mayor's powers during the declaration of a disaster including the power to
protect the public health, safety and welfare through declaring curfews, establishing
wage, rent, and price controls, and taking other necessary action through emergency
proclamations and regulations.
6. Prohibiting certain activities during the disaster period.
Establishing criminal and civil penalties for violation of disaster regulations, rules or
orders.
8. Providing limitation on liability and immunity for City officers, employees and
volumeers performing disaster, emergency or homeland security during a disaster.
RECOMMENDATIONS:
Staff recommends that the following two ordinances be approved by the City Council at a
regular City Council meeting:
Enact an ordinance to update the Emergency Management Plan that was completed in
December 2002 and has since been recognized by the State of Texas.
Enact the proposed Disaster Management Ordinance to update and modernize Chapter 9
of the City Code.
FISCAL INFORMATION
The fiscal impact of meeting Federal and State Emergency Management requirements is a part of
the Fire Department's annual operating budget.
Respectfully submitted:
Ross Chadwick
Emergency Management Coordinator
Page 2 of 2
C:\lahollcy\Backup 2004\UC April 6/h\WS Emergency Managcmcn/\WS Emergency Management AIS.doc
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 6, 2004
Customer Service
Howard Martin, Utilities 349-8232 ~
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the City of DeNon utility
billing life cycle and associated customer issues.
BACKGROUND
With the implementation of the penalty and interest for delinquent accounts, a small percentage
of customers have voiced concerns with a variety of billing issues. These concerns include:
· Billing timeline
· Penalty charge amoums
· Umimely mailing services
· Customer choice for billing due dates
· New bill format
Current practices and history will be provided on each of these items. Customer Service has
considered the late receipt of bills as a high priority and has devoted resources to researching this
issue. This research included a review of its mail process to determine any possible discrepancies
and tracking of samples to try to determine why some individual's bills are delayed. Recemly, it
has been suggested, we go to a twice a month due date for billing or extend the current due date.
These options have been reviewed and information will be presemed regarding each item.
OPTIONS
Staff has considered the following to address the billing issues:
1. No change
2. Extend the billing due date
3. Idemify specific penalty exceptions and limits
4. Bring contracted mail service in house
RECOMMENDATION
Staff is recommending no change in due date, but will place minimum limits on penalty, and
continue to evaluate mail for possible in-house processing.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
A report was presented to the Public Utility Board March 22, 2004.
FISCAL INFORMATION
Not available at this time.
EXHIBITS
1. Billing Timeline
2. 30-Day Customer Payment History
3. Potential Annual Interest Lost
4. Current Mail Service / US Postal Service Process
5. Cycle Billing Statistics
6. Utility Bill Sample
Prepared by:
Charles C. Atkinson
Utility/Customer Service Manager
Respectfully submitted:
Howard Martin
ACM, Utilities
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Service address
Last payment u.uu
Last payment date
Service period 02/20/2004 to 03/23/2004
Billing date 03/26/2004
Billing days 32
04/12/2004
Electric
Due date
Usage History
.....,.Ill,..
Water
Previous balance due immediately to avoid disconnection,
Previous balance $ !44,14
Current balance 110.98
Total amount due by due date 255.12
Tota! due if paid after 04/17/2004 265.12
For more information, contact Utilities Customer Service at 940.349.8700 or
visit www.dentonutilities.com, To schedule a water audit, call 940,349.7322,
To schedule an energy audit, call 940.349.7137,
Meter Rate Previous Current Multi Usage Amount
0000053471 R2 1 00037372 00037868 I 496
Electric 45,65
Electric totat 45.65
Meter Rate Previous Current Multi Usage Amount
0000009806 WR .75 00003527 00003567 100 4000
Water 20.59
Wastewater 13.95
Drainage 8.11
Water total 42.65
Residential Solid Waste 21.62
Solid Waste Total : 21.62
Interest charge -1.40
Sales Tax 2.46
Total 1.06
DEPOSIT REFUND -118,05
DEPOSIT INTEREST APPLIED -0.01
Keep ~his portio¢~ of your bJ',l for ¥,odr records
0000423009701000000255127
Enroll in P-L-U-S ONE, Please indicate a monthly amount if you would like to assist
Iow4r~come families in paying their utilities. Please call to be removed from the
program~
Enroll in Keep Denton Beautifui program, Please indicate a monthly amount if you
would like to promote education and a diverse urban forest, Please call to be removed
from the program
Previous batance due immediately to avoid disconnection,
Account
Service ad dress
Service period
Previous balance
Total amount due
Total due if paid after 04/17/2004
02/20~004 to 03/23/2004
1~44,14
255.12
265,12
DENTON, TX 76210 - 8758
CITY OF DENTON
PO BOX 961O82
FT WORTH, TX 76161-0082
Please return this portior~ ~,nd paymen[ iF~ the envelope provided and mai! to
Denton MunicipaIUtilitJes, P.O Box 961082 FofiWorch. TX 76161-0082. Please
make your check pa~yaNe to DENTON MUNICIPAL UTILITIES
To pay ~F] pedson: Der~ton Mtmicipal Utilities 601 E Hickory St, Suite F,
Denton 'tX 76205, Ph: 940 349 8700 Metro: 9724342529
TDD 800 735 2959 ADA/EOE/ADEA w~vw cityofdenton corn
~867
EXHIBIT 5
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 6, 2004
Fiscal Operations
Kathy DuBose
SUBJECT
Consider approval of an ordinance directing the publication of Notice of Intention to
issue Certificates of Obligation of the City of Demon; and providing for an effective date.
BACKGROUND
This ordinance provides the Notice of Intention to issue City of Denton Certificates of
Obligation Bonds, Series 2004. This notice will be published on April 11 and April 18,
2004. These Bonds will provide funding of $13,874,000 (plus costs of issuance) for the
following projects and improvemems:
$ 5,639,000
2,800,000
3,250,000
1,185,000
1,000,000
Streets and Transportation
Public Safety (Training Facility & Jail Expansion)
Facilities Improvemems (Emily Fowler, Civic Cemer & Airport)
Solid Waste
Technology Services
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
All of these projects were approved in the Capital Improvement Program, fiscal year
ending 2003-2007.
FISCAL INFORMATION
The Certificates of Obligation Bonds will have an estimated average annual debt services
requirement of approximately $1,068,000. This amount has been included in the budget
process.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
NOTICE OF iNTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
OF THE CITY OF DENTON
THE CITY OF DENTON, in Denton County, Texas, hereby gives notice of its intention to issue
CITY OF DENTON CERTIFICATES OF OBLIGATION, in accordance with the Certificate of Obligation
Act of 1971, as amended and codified, and other applicable laws, in the maximum principal amount of
$ for the purpose of paying all or a portion of the City's contractual obligations incurred pursuant
to contracts for the purchase, construction and acquisition of certain real and personal property, to wit: (a)
acquisition of land for construction of public safety facilities, (b) acquisition of land for expansion of City
warehouse facilities, (c) improvements at the City's public parks, (d) improvements to the City's solid waste
disposal system and acquisition of related equipment, (e) computer and technology equipment and upgrades
for the City's information technology and communication systems, (f) road and street improvements and
equipment and (g) miscellaneous renovations and improvements to City owned facilities; and also for the
purpose of paying ail or a portion of the City's contractual obligations for professional services, including
engineers, architects, attorneys, map makers, auditors, and financial advisors, in connection with said
Certificates of Obligation. The City proposes to provide for the payment of such Certificates of Obligation
from the levy and collection of ad valorem taxes in the City as provided by law, and from certain surplus
revenues (not to exceed $10,000 in aggregate amount) derived by the City from the ownership and operation
of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system,
and electric light and power system). The City Council of the City tentatively proposes to authorize the
issuance of such Certificates of Obligation at a meeting commencing at 6:30 p.m. on the 4th day of May,
2004, in the City Council room at the Municipal Building (City Hall), 215 E. McKinney, Denton, Texas.
CITY OF DENTON, TEXAS
By: Jennifer K. Wakers,
City Secretary
ORDINANCE NO. 2004-
AN ORDINANCE
DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON;
AND PROVIDING FOR AN EFFECTIVE DATE
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, it is deemed necessary and advisable that Notice of Intention to Issue Certificates of
Obligation be given as hereinafter provided.
THE COUNCIL OF THE CITY OF DENTON I~REBY ORDAINS:
Section I. That attached hereto is a form of "NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON", the form and substance of which are
hereby adopted and approved, and made a part of this Ordinance for all purposes.
Section II. That the City Secretary shall cause said NOTICE, in substantially thc form attached
hereto, to be published once a week for two consecutive weeks in a newspaper of general circulation in the
City, with the date of the first publication to be at least fifteen (15) days before the date tentatively set for the
passage of the Ordinance authorizing the issuance of such Certificates of Obligation.
Section III. That this Ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the 6th day of April, 2004.
ATTEST:
Euline Brock, Mayor
Jennifer Walters, City Secretary
APPROVED AS TO LEGAL FORM:
Herbert L. Prouty, City Attorney .~. ,'
By: . _ _, .
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 6, 2004
Electric Utility
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Demon, Texas authorizing
the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting,
LLC for consulting services relating to Task Order No. 04-B, providing for Demon Municipal
Electric Rate Design and Study; authorizing the expenditure of funds therefor; and providing an
effective date.
BACKGROUND
Demon Municipal Electric (DME) has not had a base rate increase since 1993. In 2003, an
electric rate review was completed using the July 1998 cost of service analysis performed by RW
Beck and FY02 financials as the test year. This work showed that a base rate increase would be
necessary for DME to cover its full cost of service, even without consideration of the increased
level of TMPA debt that began rising steadily in 1997.
Although DME could not institute base rate increases as high as those needed to cover its full
cost of service and remain within a competitive range with other providers, it is prudent to
consider some level of base rate increase for FY05. An increase that will keep DME within a
competitive range with other providers and that will slow the depletion of the Rate Stabilization
Fund should be possible. In addition, DME's rate design is in need of modification, both to
improve and simplify existing rates and to add new rates, such as a green rate and a low-income
rate.
The cost of service analysis used in the preliminary rate study done last year is out of date. In
order to perform an accurate rate analysis, a new cost of service study is required. The Task
Order 04-B covers performance of an updated cost of service study, review and correction of
FY03 test year financial data, and development of new base rates including rate design options
idemified as a result of the 2003 study, comparisons of rates being considered with rates of other
Texas electric utilities, and developmem of final rates including new tariff language for each
customer class.
As part of the study, DME staff will be provided with a spreadsheet model that they can use to
review rate revenue issues going forward.
OPTIONS
1. Approve Task Order 04-B.
2. Leave the DME base rates at their present level.
RECOMMENDATIONS
DME recommends approval of'the rate design study.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
The Public Utilities Board approved this item at their March 22, 2004 meeting by a vote of' 6 to 0
with one member absent.
FISCAL INFORMATION
Cost of'the cost of' service and rate design study not to exceed $93,100.
EXHIBITS
1. Minutes
2. Ordinance
3. Agreement
Respectfully submitted:
Sharon Mays
Director of' Electric Utilities
1
2
3
4
5
6
7
8
9
10
11
12
13
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CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
March 22, 2004
Draft
After determining that a quorum of the Public Utilities Board of the City of DeNon, Texas was
presem, the Public Utilities Board convened imo an Open Meeting on Monday, March 22, 2004, at
9:00 a.m. in the Service Cemer Training Room, City of DeNon Service Cemer, 901-A Texas Street,
Denton, Texas.
PRESENT: Bill Cheek, Yolanda Guzman, George Hopkins, Charldean Newell, Dick
Smith and Don White
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
EXCUSED:
John Baines
CONSENT AGENDA:
1)
Consider approval of Task Order 04-B with R. J. Covington Consulting, LLC, Austin, Texas
for professional consulting services relative to a retail rate study for DME, in an amount not to
exceed $93,100.
2)
Consider approval of the purchase of sixty-gallon curbside recycling carts from Otto Waste
Systems through the Houston-Galveston Area Council of Governments ("HGAC") by way of
an interlocal agreement with the City of Denton in an amount not to exceed $70,951.70.
3) Consider approval of Bid No. 3140 to Thelin Recycling Company for contract wood waste
grinding in an amount not to exceed $88,900.
Board Member Dick Smith moved to approve Consent Agenda Items #1, #2 and #3, with a
second from Board Member Don White. The motion was approved by a vote of 6-0.
EXHIBIT 1
Page 1 of 1
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR CONSULTING
SERVICES RELATING TO TASK ORDER NO. 04-B, PROVIDING FOR DENTON
MUNICIPAL ELECTRIC RATE DESIGN AND STUDY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to engage the finn of R. J.
Covington Consulting, LLC of Austin, Texas ("Covington"), to provide professional consulting
services to the City relating to Task Order No. 04-B; which includes, without limitation, services
respecting an electric rate design and study for Denton Municipal Electric; and
WHEREAS, the City staffhas reported to the City Council that there is a substantial need
for the above-described specialized professional services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, Covington has represented DME continuously and ably over the last eight
years, and has proven to be a valuable, affordable, competent, and dependable professional
resource that has expertise in, and is well-acquainted with the electric financial and regulatory
fi:amework of Denton Municipal Electric ("DME"). Covington and his staff are familiar with the
characteristics, operations, and present rate structure of DME: and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a Professional
Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional
consulting services relating to Task Order No. 04-B, to the City and to Denton Municipal
Electric, in an amount of not to exceed $93,100; in substantially the form of the Professional
Services Agreement attached hereto and incorporated herewith by reference as Exhibit "A."
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of Covington and the ability of
EXHIBIT 2
Covington to perform the professional services needed by the City for a fair and reasonable
price.
SECTION 3: That the expenditure of fimds as provided in the attached Professional
Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of ,2004.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:/j~~ ~
S:\Our Documents\Ordinances\04hR J Covington Consulting LLC-DME-Ord Aprv TO 4-B-2004,doc
2
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
PERTAINING TO DENTON MUNICIPAL ELECTRIC
THIS AGREEMENT is made and emered imo on the __ day of ,2004,
by and between the City of Demon, Texas, a Municipal Corporation, with its principal office at 215
East McKinney Street, DeNon, Texas 76201 ("CITY"); and R. J. COVINGTON CONSULTING,
LLC, a Texas Limited Liability Corporation, with its principal office at 11044 Research Boulevard,
Suite A-325, Austin, Texas 78759, hereafter "COVINGTON"; acting herein by and through their
duly authorized represematives.
WiTNESSETH, that in consideration of the covenants, promises and agreements herein
comained, the CiTY and COVINGTON do hereby AGREE as follows:
ARTICI,E 1
EMPLOYMENT OF CONSULTANT
The CITY hereby contracts with COVINGTON, as an independent contractor, and
COVINGTON hereby agrees to perform the services herein in connection with the Scope of
Services as stated in the Articles to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas.
AI?~ICLEAi
SCOPE OF SERVICES
A. COVINGTON shall provide to the CITY professional consulting services pertaining to the
developmem of a Retail Rate Study respecting DeNon Municipal Electric, a municipally-owned
electric utility. COVINGTON agrees to perform those services and tasks more particularly and
specifically described in Task Order No. 04-B attached hereto and incorporated herewith by
reference.
B. To consult with the City Manager, Assistant City Manager/Utilities, the Director of Electric
Utilities, the Utility Attorney, and any other designated administrative personnel regarding any and
all aspects of the services to be performed pursuant to this Agreement.
ARTICI,E 111
PERIOD OF SERVICE
This Agreemem shall become effective on the date this Agreemem is approved and upon the
issuance of a notice to proceed by Denton Municipal Electric. The termination date of this
Agreement shall be upon the earliest to occur of the following events: completion of the work
described herein and in the attached Task Order No. 04-B; or upon the depletion and exhaustion of
EXHIBIT 3
the $93,100 not to exceed amount provided for herein; or upon fifteen (15) day's written notice to
terminate, issued by the Director of Electric Utilities, DME. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of the essence in this Agreement.
COVINGTON shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by the CITY, acting through its
Director of Electric Utilities.
ARTICI,E IV
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense for any assignment incurred hereunder
by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense,
overnight courier, photocopy expense, transportation, travel, communications, subsistence and
lodging away from home and similar incidental expenses reasonably incurred in connection
with that assignment.
B. BILLING AND PAYMENT:
1. For and in consideration of the professional services to be performed by COVINGTON
herein, the CiTY agrees to pay COVINGTON, a total fee, including reimbursement for direct
non-labor expense, not to exceed $93,100 for those services described in Task Order No. 04-
B.
2. The fee for the services described in this Agreement to be performed by COVINGTON
are to be billed the rates as set forth in Exhibit "A" attached hereto and incorporated herewith
by reference. Billing shall be reported in minimum one-quarter (1/4) hour increments.
3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly
statements rendered to the CITY through its Director of Electric Utilities. The fee bills as
submitted, shall be allowed and approved by the Director of Electric Utilities. However,
under no circumstances shall any monthly statement for services exceed the value of the work
performed at the time a statement is rendered.
4. Nothing contained in this Article shall require the CITY to pay for any work which is
unsatisfactory as reasonably determined by the City Manager or the Director of Electric
Utilities, or which is not submitted in compliance with the terms of this Agreement. The City
shall not be required to make any payments to COVINGTON when COVINGTON is in
default under this Agreement.
5. It is specifically understood and agreed that COVINGTON shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by
the CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee as
stated, without first having obtained written authorization from the CITY.
C. PAYMENT
If the CITY fails to make payments due COVINGTON for services and expenses within forty
(40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due
COVINGTON will be increased by the rate of one percent (1%) per month from the said forty
(40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to
the CITY, suspend services under this Agreement until COVINGTON has been paid in full all
amounts due for services, expenses and charges provided. However, nothing herein shall
require the CITY to pay the late charge of one percent (1%) set forth herein if the CITY
reasonably determines that the work of COVINGTON is unsatisfactory, in accordance with
this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such
defect.
ARTICI,E V
OBSERVATION AND REVIEW OF THE WORK
COVINGTON will exercise reasonable care and due diligence in discovering and promptly
reporting to the CITY any defects or deficiencies in his work or the work of any subconsultants
performed hereunder.
A/LTICLEN2
OWNERSHIP OF DOCUMENTS
All documents, analyses and other data prepared by COVINGTON under this Agreement ("Work
Products") are instruments of service and are and shall remain the property of CITY. COVINGTON
shall have the right to make and retain copies and use all Work Products; provided, however, the use
shall be limited to the intended use for which the services and Work Products are provided under this
Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as
property of COVINGTON; provided that prior written approval is obtained from CITY, whose
approval shall not be unreasonably withheld, and providing that copywriting will not restrict
CITY'S right to retain or make copies of the Work Products for its information, reference and use on
the Project or services under the Agreement.
The Work Products shall not be changed or used for purposes other than those set forth in this
Agreement without the prior written approval of COVINGTON. If CITY releases the Work
Products to a third party without COVINGTON'S prior written consent, or changes or uses the
Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and
COVINGTON shall not be liable for any claims or damages resulting from or connected with the
release or any third party's use of the Work Products.
INDEPENDENT CONTRACTOR
COVINGTON shall provide services to the CITY as an independent contractor, not as an
employee of the CITY. COVINGTON shall not have or claim any right arising from employee
status.
AR TICI,E VII!
iNDEMNITY AGREEMENT
COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents,
and employees from and against any and all liability, claims, demands, damages, losses and
expenses, including but not limited to court costs and reasonable attorney's fees incurred by the
CITY, and including without limitation, damages for bodily and personal injury, death and property
damage, and damage for professional malpractice resulting from the negligent acts or omissions of
COVINGTON or any subconsultants, in performance of this Agreement. COViNGTON'S liability
under this Article Viii is expressly limited to the amount of COViNGTON'S insurance coverage as
set forth in Article IX.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICI,E lX
INSURANCE
During the performance of the Services under this Agreement, COVINGTON shall maintain
the following insurance with an insurance company licensed to do business in the State of Texas by
the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of
at least an "A-" or above:
Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000
for each occurrence and not less than $500,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence, and not less than $100,000 in the
aggregate.
Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident; and with property damage limits of not
less than $100,000 for each accident.
Professional Liability Insurance with policy limits of not less than $1,000,000 annual
aggregate.
COVINGTON shall furnish insurance certificates or insurance policies at the CITY's request
to evidence such coverages. The insurance policies shall name the CiTY as an additional
insured on all such policies to the extent legally possible, and shall contain a provision that
such insurance shall not be canceled or modified without thirty (30) days prior written notice
to CITY and COVINGTON. In such event, COVINGTON shall, prior to the effective date of
the change or cancellation, deliver substitute policies furnishing the same coverage to the
CITY.
A/LIiCLEX
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties agree to settle any disputes under this Agreement by submitting the dispute to
arbitration or other means of alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval.
ARXlCLEXI
LIMITATION OF LIABILITY
To the extent permitted by law, the total liability of COVINGTON to CITY for any and all
claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict
liability, breach of contract or contribution, or indemnity claims based on third-party claims, shall
not exceed one million dollars ($1,000,000).
A/~IJCLEXII
CONSEQUENTIAL DAMAGES
In no event and under no circumstances shall COVINGTON be liable to CITY for any
interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any
consequential, indirect or special damages.
ARTICI,E XIII
PROFESSIONAL STANDARDS
COVINGTON will perform services under this Agreement with the degree of skill and
diligence normally practiced by professional engineers or consultants performing the same degree of
similar services. No other warranty or guarantee, expressed or implied, is made with respect to the
services furnished under this Agreement and all implied warranties are disclaimed.
ARTICI,E XIV
TERMINATION OF AGREEMENT
Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by giving thirty (30) days advance written notice of termination to the other party.
This Agreement may be terminated in whole or in part in the event of either party substantially
failing to fulfill its obligations under this Agreement. No such termination will be effected
unless the other party is given: (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons specifying the nonperformance,
and not less than ten (10) business days in which to cure the failure; and (2) an opportunity for
consultation with the terminating party prior to termination.
Co
If this Agreement is terminated prior to completion of the services to be provided hereunder,
COVINGTON shall immediately cease all services and shall render a final bill for services to
the CiTY within 30 days after the date of termination. The CiTY shall pay COVINGTON for
all services properly rendered and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination in accordance with Article IV,
Compensation. Should the CiTY subsequently contract with a new consultant for the
continuation of services on the Project, COVINGTON shall cooperate in providing
information. COVINGTON shall mm over all documents prepared or furnished by
COVINGTON pursuant to this Agreement to the CITY on or before the date of termination,
but may maintain copies of such documents for its use.
ARTICI,E XV
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the CITY shall not constitute nor be deemed a release of the responsibility and
liability of COVINGTON, or any sub-consultants of COVINGTON, for the accuracy and
competency of their designs or other work product.
ARTICI,E XVl
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail
at the address shown below, certified mail, return receipt requested unless otherwise specified
herein. Mailed notices shall be sent to the parties at the following addresses:
To COVINGTON:
To CITY:
R.J. Covington Consulting, LLC
Attn: Richard J. Covington
11044 Research Blvd., Suite A-325
Austin, Texas 78759
City of Denton, Texas
Attn: Michael A. Conduff, City Manager
215 East McKinney Street
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is given
or within three days after the date of mailing.
ARTICI~E XVI!
ENTIRE AGREEMENT
This Agreement consisting of nine (9) pages, and five (5) additional pages consisting of Task
Order No. 04-B, constitutes the complete and final expression of the agreement of the parties and is
intended as a complete and exclusive statement of the terms of their agreements and supersedes all
prior contemporaneous offers, promises, representations, negotiations, discussions, communications
and agreements which may have been made in connection with the subject matter hereof.
ARTICLE XVIII
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement
and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall
reform this Agreement to replace such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the stricken provision.
ARTICI,E XIX
COMPLIANCE WITH LAWS
COVINGTON shall comply
ordinances applicable to the work
amended.
with all federal, state, local laws, rules, regulations, and
covered hereunder as they may now read or hereinafter be
ARffJCLEXX
DISCRIMINATION PROHIBITED
In performing the services required hereunder, COVINGTON shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICI,E XXI
PERSONNEL
mo
COVINGTON represents that he has secured, or will secure at his own expense any additional
personnel required to perform all the services required under this Agreement. Such personnel
shall be subconsultants of COVINGTON, and shall not be employees or officers of, nor have
any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict
of interest or potential conflict of interest that may arise during the term of this Agreement.
Bo
All services required hereunder will be performed by COVINGTON or under his supervision.
All personnel engaged in work shall be qualified and shall be authorized and permitted under
state and local laws to perform such services.
ARff2CLEXXJ2
ASSIGNABILITY
COVINGTON shall not assign any interest in this Agreement and shall not transfer any
interest in this Agreement (whether by assignment, novation or otherwise) without the prior written
consent of the CITY.
ARTICI,E XXIII
MODIFICATION
No waiver or modification of this Agreemem or of any covenam, condition, limitation herein
comained shall be valid unless in writing and duly executed by the party to be charged therewith and
no evidence of any waiver or modification shall be offered or received in evidence in any proceeding
arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of
the parties hereunder, and unless such waiver or modification is in writing, duly executed; and, the
parties further agree that the provisions of this section will not be waived unless as herein set forth.
ARTICI,E XXIV
MISCELLANEOUS
COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final
payment under this Agreement, have access to and the right to examine any directly pertinent
books, documems, papers and records of COVINGTON involving transactions relating to this
Agreemem. COVINGTON agrees that the CiTY shall have access during normal working
hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate
working space in order to conduct audits in compliance with this section. The CiTY shall
give COVINGTON reasonable advance notice of any imended audits.
Venue of any suit or cause of action under this Agreemem shall lie exclusively in DeNon
County, Texas. This Agreemem shall be governed by, and construed in accordance with the
laws of the State of Texas.
COVINGTON shall commence, carry on, and complete the work required by this engagemem
with all applicable dispatch, in a sound, economical, efficiem manner and in accordance with
the provisions hereof, in accomplishing the work, COVINGTON shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the CITY.
The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available
information pertinent to the work required by this engagement, including previous reports, any
other data relative to the project and arranging for the access to, and make all provisions for
COVINGTON to emer in or upon, public and private property as required for COVINGTON
to perform services under this Agreement.
The captions of this Agreemem are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City of DeNon, Texas has caused this Agreemem to be
executed in four (4) original coumerparts, by its duly authorized City Manager; and R.J. Covington
Consulting, LLC has executed this Agreemem by its duly authorized officer on this the __ day of
,2004.
"CITY"
CITY OF DENTON, TEXAS
A Municipal Corporation
By:
Michael A. Conduff, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
"COVINGTON"
R.J. COVINGTON CONSULTING, LLC
A Texas Limited Liability Corporation
By:
Richard J. Covington, Presidem
S:\Our Documents\Contracts\04hRJ Covington Consulting LLC-PSA-TO 04-B 2004-Electric Rate Design & Study-DME.doc
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2004
Economic Development/Main Street
Mike Conduff, 349-8307
SUBJECT - CONSIDER APPROVAL OF A RESOLUTION OF THE CITY OF DENTON, TEXAS
AUTHORIZING AN APPLICATION FOR DESIGNATION AS A "PRESERVE AMERICA"
COMMUNITY AND ENDORSING THE GOALS OF THE "PRESERVE AMERCA" PROGRAM; AND
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
Preserve America is a White House initiative developed in cooperation with the Advisory Council on
Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce. The goals
of this initiative include a greater shared knowledge about our nation's past, strengthened regional identities
and local pride, increased local participation in preserving the country's irreplaceable cultural and natural
heritage assets, and support for the economic vitality of communities. This initiative is compatible with
Denton's interests and goals related to historic preservation. Designation as a Preserve America Community
will improve our community's ability to protect and promote its historical resources.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
FISCAL INFORMATION
Mrs. Laura Bush has announced that the President's budget for FY 2005 includes a proposal for $10 million
in grants to assist communities in preserving their cultural and natural resources. These grants will assist
States, Indian tribes, and communities which demonstrate sustainable uses of their historic and cultural sites
and the economic and educational opportunities related to heritage tourism.
ATTACHMENTS
1. Resolution
Prepared by:
Julie Glover
Main Street Program Manager, CMSM
Respectfully submitted:
Linda Ratliff
Director of Economic Development
S:\Our Documents\Resolutions\04\preserve america.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING AN
APPLICATION FOR DESIGNATION AS A "PRESERVE AMERICA" COMMUNITY
AND ENDORSING THE GOALS OF THE "PRESERVE AMERCA" PROGRAM;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Preserve America is a White House initiative developed in
cooperation with the Advisory Council on Historic Preservation, the U.S. Department of
the Interior, and the U.S. Department of Commerce; and
WHEREAS, the goals of this initiative include a greater shared knowledge about
our nation's past, strengthened regional identities and local pride, increased local
participation in preserving the country's irreplaceable cultural and natural heritage assets,
and support for the economic vitality of communities; and
WHEREAS, this initiative is compatible with our community's interests and goals
related to historic preservation; and
WHEREAS, designation as a Preserve America Community will improve our
community's ability to protect and promote its historical resources; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City of Denton will apply for the designation of Denton,
Texas, as a Preserve America Community.
SECTION 2. That the City of Denton will protect and celebrate our heritage, use
our historic assets for economic development and community revitalization, and
encourage people to experience and appreciate local historic resources through education
and heritage tourism programs.
SECTION 3. This Resolution shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of
,2004.
EULINE BROCK, MAYOR
S:\Our Documents\Resolutions\04\preserve america.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 6, 2004
Materials Management
Kathy DuBose ~%
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a comract for the
purchase of wood grinding services for the City of DeNon Compost Facility; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3140-Wood Grinding for
Compost Facility awarded to Thelin Recycling Company, L.P. in the amoum of $.889 per cubic
yard).
BID INFORMATION
This bid is for an annual contract to supply wood grinding services for the Dyno-Dirt Compost
Operation. The comractor will come onsite when approximately 20,000 cubic yards of brush,
yard waste, and clean construction lumber has been accumulated. The wood products are then
ground into small pieces and transported to the compost production area. The Beneficial Reuse
Division has been comract grinding for the past four years at a rate of $1.24 per cubic yard.
Since the low bid for this comract is .$889 per cubic yard, there will be a substamial reduction in
the cost of this service.
RECOMMENDATION
We recommend this bid be awarded to the lowest responsible bidder, Thelin Recycling
Company, L.P. in the amoum of .889 per cubic yard.
PRINCIPAL PLACE OF BUSINESS
Thelin Recycling Company, L.P.
Southlake, TX
ESTIMATED SCHEDULE OF PROJECT
This is an annual comract that may be extended if agreed to by both parties, with all pricing,
terms and conditions remaining the same.
FISCAL INFORMATION
This service will be funded from accoum 640400.7802.
Agenda Information Sheet
April 6, 2004
Page 2
Attachment 1: Bid Tabulation
1-AlS-Bid 3140
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Bid # 3140 Attachment 1
Date' March 9, 2004
Wood Grinding for Compost Facility
~ ~ Excavation Inc. Service Inc. Recycling Inc.
Principle Place of Business'. ~!~TX ~ !~ TX
zoo,ooo WOOD GRTNDTNG $1.17/cu.yd. $1.45/cu.yd. 1.92/cu.yd. $1.35/cu.yd.
Cu Yd SERVTCES
Bid # 3140 Attachment 1
Date' March 9, 2004
Wood Grinding for Compost Facility
Principle Place of Business'. ~!~ ~
~00,000 WOOD GRTNDTNG $1.15/cu.yd. $.889/cu.yd. $.90/cu.yd. $1.25/cu.yd.
Cu Yd SERVTCES
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF WOOD GRINDING SERVICES FOR THE CITY OF DENTON COMPOST
FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BiD 3140-WOOD GRIND1NG FOR COMPOST
FACILITY AWARDED TO THELIN RECYCLING COMPANY, L.P. iN THE AMOUNT OF
$.889 PER CUBIC YARD).
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
3140 Thelin Recycling Company, L.P. $.889/cu.yd.
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 on file in the office of the Purchasing
Agent; 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 ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 3140
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 6, 2004
Materials Management
Kathy DuBose ~%
Questions concerning this
acquisition may be directed
to Janet Simpson 349-8274
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a comract for the
purchase of skate park ramps and equipment for the City of Denton Parks Department; providing
for the expenditure of funds therefore; and providing an effective date (Bid 3146-Skate Park
Ramps and Equipmem awarded to Kraftsman Playground and Park Equipmem in the base bid
amoum of $29,890 plus alternates 2, 4, and 6 in the amoum of $2,960 for a total amoum of
$32,850.
BID INFORMATION
This bid is for skate park ramps and associated equipmem for the City of DeNon Skate Park.
The base bid equipmem will consist of various sizes of ramps and layout arrangemems including
quarter pipes and flat banks plus a fun box combination and grinding rails. The three
recommended alternates are for additional course layouts including a large fly wedge, a grind
ledge and an ollie box. The bid includes delivery of the equipmem, which will then be installed
by Parks Department staff.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
On May 13, 2003, Council approved the construction of a skate park to be located adjacem to the
Denton Aquatic Center.
RECOMMENDATION
We recommend award of this bid to the lowest responsible bidder, Kraftsman Playground and
Park Equipmem in the base bid amoum of $29,890 plus alternates 2, 4, and 6 in the amoum of
$2,960 for a total amoum of $32,850.
PRINCIPAL PLACE OF BUSINESS
Kraftsman Playground and Park Equipmem
Spring, TX
STAFF COST ESTIMATE
The staff estimate for this project was $35,000.
Agenda Information Sheet
April 6, 2004
Page 2
ESTIMATED SCHEDULE OF PROJECT
The estimated completion date for installation of the ramps is June 2004.
FISCAL INFORMATION
This project will be funded from project number 400047423.1365.40100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AlS-Bid 3146
BID # 3146 Attachment 1
DATE: 3/11/04
SKATE PARK RAMPS AND
EQUIPMENT
Harper's
South West Parks & . .
Rampage, LLC ~. , Recreat~ona~
Skate Park Ramp &
I I Rails Base Bid $31,571.00 $44,504.00 $44,500.00
Alternate item #3:
3 I Grind Box $1,770.00 $2,915.00 $684.00
Alternate item #5:
5 I Small Flat Bank $2,150.00 $1,102.00 $4,300.00
SHIPMENT 60 days N/A 35 days
BID # 3146 Attachment 1
DATE: 3/11/04
SKATE PARK RAMPS AND
EQUIPMENT
The Playwell Group, Inc. . ~ . Jim Lea & Assoc./
Moun~ainKamp, inc.
Dallas, TX American Ramp
Skate Park Ramp &
Rails Base Bid $52,572.60 $49,486.50 No Bid $34,490.00
Alternate item #3:
Grind Box $1,365.00 $1,365.00 No Bid $1,925.00
Alternate item #5:
Small Flat Bank $1,195.00 $1,195.00 No Bid $1,422.00
$3,903.40 freight $2,583.50 freight
(see bid) (see bid)
SHIPMENT 45 days 45 days No Bid 60 days
BID # 3146 Attachment 1
DATE: 3/11/04
SKATE PARK RAMPS AND
EQUIPMENT
Kraftsman Recreation .....
/ruel~lCle, inc.
Playground & Park Consultants of . .. ~ ....
Skate Park Ramp & $29,890.00 $52,325.00 $42,579.22 $29,908.36
Rails Base Bid
Alternate item #3:
Grind Box $1,470.00 $1,550.00 See Bid See Bid
Alternate item #5:
Small Flat Bank $805.00 $1,150.00 See Bid See Bid
SHIPMENT 60 days 25 days 60 days 60 days
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF SKATE PARK RAMPS AND EQUIPMENT FOR THE CITY OF DENTON
PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROViDiNG AN EFFECTIVE DATE (BID 3146-SKATE PARK RAMPS AND
EQUIPMENT AWARDED TO KRAFTSMAN PLAYGROUND AND PARK EQUIPMENT IN
THE BASE BID AMOUNT OF $29,890 PLUS ALTERNATES 2, 4, AND 6 iN THE AMOUNT OF
$2,960 FOR A TOTAL AMOUNT OF $32,850.
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
3146 Kraftsman Playground and Park Equipment $32,850
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 on file in the office of the Purchasing
Agent; 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 ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 6, 2004
Finance
Kathy DuBose
SUBJECT
Consider approval of a resolution of the City of DeNon, Texas authorizing the Public
Utility Commission of Texas to set the access line rate at the new CPi-Adjusted
Maximum rate to be paid to the City by Certificated Telecommunications Providers
pursuam to Chapter 283 of the Texas Local Governmem Code, ("HB 1777"), and
providing an effective date.
BACKGROUND
In Texas, most cities are compensated for the use of the public right-of-way by Certified
Telecommunication Providers (CTPs) using access line rates. These rates are momhly
fees paid by residential, business and point-to-point customers to CTPs, who in turn,
compensate the City. Pursuam to Chapter 283 of the Local Governmem Code (or House
Bill 1777), the PUC is required to adjust the maximum access line rates for the City by an
amoum equal to one half the annual change in the Consumer Price index (CPi) for the
year 2003. Based on information obtained from the Federal Bureau of Labor Statistics,
the PUC has determined that one half the annual change in CPi for 2003 is 1.154%. if a
city desires to decline the increase in access line rates, it must respond by April 30, 2004.
The city must indicate its desired rates, which cannot exceed the new CPi-Adjusted
Maximum rate.
RECOMMENDATIONS
Staff recommends approval of the resolution and approval to forward the resolution to the
Public Utility Commission of Texas as required by State Law.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On November 16, 1999, City Council approved a resolution authorizing the Public Utility
Commission to calculate access line rates and the allocation due to the City of Denton.
On March 28, 2000, City Council approved a resolution authorizing the Public Utility
Commission to calculate the access line rates the City of Denton is authorized to charge
Certificated Telecommunication Providers for use of its rights-of-way and exempting
Lifeline customers from the access line fees.
Agenda Information Sheet
April 6, 2004
Page 2
On April 9, 2002, City Council approved a resolution authorizing the City Manager or his
designee to sign and transmit the authorization form to the Public Utility Commission to
set the access line rates at the new CPI-Adjusted Maximum rate to be implemented no
later than July 1, 2002.
On April 1, 2003, City Council approved a resolution authorizing the City Manager or his
designee to inform the Public Utility Commission, by sending a copy of the resolution,
that access line rates should be set at the new CIP-Adjusted Maximum rate to be
implemented no later than July 1, 2003.
FISCAL INFORMATION
The following are the changes with the PUC adjustment for CPI:
Category 1 (Residential)
Category 2 (Business)
Category 3 (Point-to-Point)
Access Line Rate
Access Line Rate
$1.38 $1.40
$3.17 $3.21
$4.82 $4.88
Respectfully submitted:
Anna Mosqueda
Director of Management & Budget
S:Our Documalt s Resolutions 04 pIIC adjusted Rate Resolution doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE PUBLIC UTILITY
COMMISSION OF TEXAS TO SET THE ACCESS LINE RATE AT THE NEW CPI-
ADJUSTED MAXIMUM RATE TO BE PAID TO THE CITY BY CERTIFICATED
TELECOMMUNICATIONS PROVIDERS PURSUANT TO CHAPTER 283 OF THE TEXAS
LOCAL GOVERNMENT CODE, (" HB 1777"), AND DECLARING AN EFFECTIVE DATE.
WHEREAS, HB 1777, Chapter 283 of the Texas Local Government Code, established a
uniform method for calculating telecommunications franchise compensation paid to
municipalities by using access lines and allocating a rate per category of access line; and
WHEREAS, the Public Utility Commission of Texas (PUC) has requested the City of
Denton to elect if it desires the to set the access line rate at the current allocation formula of
$1.38 for residential access lines, $3.17 for non-residential access lines and $4.82 for point-to-
point access lines or to set the access line rate at the new CPI-adjusted Maximum Rate of $1.40
for residential access lines, $3.21 for non-residential access lines and $4.88 for point-to-point
access lines; and
WHEREAS, the City Council finds that the access line rate should be set at the new CPI-
adjusted Maximum Rate in order for the City of Denton to be fully compensated for the use of
the right-of-ways by Certificated Telecommunications Providers; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Manager or his designee is authorized to inform the Public
Utility Commission by sending a copy of this Resolution to the PUC notifying the PUC pursuant
to state law that the access line rate should be set at the new CPI-adjusted Maximum Rate of
$1.40 for residential access lines, $3.21 for non-residential access lines and $4.88 for point-to-
point access lines in order for the City of Denton to be fully compensated for the use of the right-
of-ways by Certificated Telecommunications Providers.
SECTION 2. That this Resolution shall become effective immediately upon is passage
and approval by the City Council.
PASSED AND APPROVED this the __ day of
,2004.
EULINE BROCK, MAYOR
S:Our Documalt s Resolutions 04 PUC adjusted Rate Resolution doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 6, 2004
Tax
Kathy DuBose
SUBJECT
Consider approval of tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
ah m i at
B. Chicago Title Duplicate Payment 2003 604.04
C itiM ~rtg~g~ D up lic~ P~ ~nt ~3
D. Davis, Brian & Bobbi Duplicate Payment 2003 731.06
a
F. Fidelity National Title Duplicate Payment 2003 694.40
H. Foretravel of North Texas Duplicate Payment 2003 3,557.79
~ ~iic~ ~ ~nt
J: HexterrFair Title Duplicate Payment 2003 74757
L. Meyers, Nina Duplicate Payment 2003 520.85
N. Title Escrow Duplicate Payment 2003 938.77
0 Tu~ ~ er~ ~ ~ tic ~ ~ ~I D up li c~ P~ ~ ~ ~ nt ~003 6~
P; We!!s Farg0 Duplicate Payment 2003 56Z93
~ W~ii~ ~arg~ D~ii~at~ P~ ~003 6i~60
R. Westdale Carriage Square, Ltd Duplicate Payment 2003 1,673.99
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.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $ 20,709.60
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2004
Fire Department
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance amending and replacing the Emergency Managemem Plan;
providing for the mitigation effects of possible hazards; preparation and measures to preserve life
and minimize damages; preparation for responses during emergencies and providing for
necessary assistance; and developing a system and processes necessary to return the City of
Denton to a normal state of affairs after a disaster and providing an effective date.
BACKGROUND
The current Emergency Management Plan was completed and submitted for State of Texas
approval in December 2002. This was an update to an existing plan that had not been officially
recognized since 1989. Chapter 418 of the Texas Governmem Code (The Texas Disaster Act)
requires the City Council to adopt an emergency managemem plan for its area that provides for
disaster mitigation preparedness, response, and recovery. This plan complies with the provisions
of Chapter 418. Since portions of the Plan contain confidential information as set forth in
Chapter 418 of the Govemmem Code, Section 552.139 of the Governmem Code or other
application law, a CD ROM of the Plan is being provided to you as a part of the City Attorney's
status report.
RECOMMENDATION
Staff recommends that this Ordinance be approved to update the Emergency Management Plan
that was completed in December 2002 and has since been recognized by the State of Texas.
State law mandates that the City prepare, adopt and keep current an emergency management plan
for its area.
PRIOR ACTION/REVIEW .(Council, Boards, Commissions)
The Legal Departmem for the City of DeNon has reviewed and approved this Ordinance.
C:\lahollcy\Backup 2004\UC April 6ih\Emergency Mangcmcm Plan\l. Emergency Mangcmcm Plan AIS.doc
FISCAL INFORMATION
There will be no immediate fiscal impact as a result of the adoption of the Plan. Since the Plan
includes economic stabilization measures, it could have a positive fiscal impact in the event of an
emergency or disaster.
Respectfully submitted:
Ross Chadwick
Emergency Management Coordinator
Page 2 of 2
C:\lahollcy\Backup 2004\CC April 6ih\Emergency Mangcmcm Plan\l. Emergency Mangcmcm Plan AIS.doc
S:Our Docunlalt ~Ordhlmlce~04mnlergalcy Plml Amalding mid Replacing doc
ORDINANCE NO.
AN ORDINANCE AMENDING AND REPLACING THE EMERGENCY MANAGEMENT
PLAN; PROVIDING FOR THE MITIGATION EFFECTS OF POSSIBLE HAZARDS;
PREPARATION AND MEASURES TO PRESERVE LIFE AND MINIMIZE DAMAGES;
PREPARATION FOR RESPONSES DURING EMERGENCIES AND PROVIDING FOR
NECESSARY ASSISTANCE; AND DEVELOPING A SYSTEM AND PROCESSES
NECESSARY TO RETURN THE CITY OF DENTON TO A NORMAL STATE OF AFFAIRS
AFTER A DISASTER AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas finds that the identification of
potential hazards and the mitigation of their effects must be an on-going concern of the City if
the lives and property of the populace are to be protected; and
WHEREAS, the City Council hereby declares that the preparation of an Emergency
Management Plan, and the means for its implementation, for the protection of lives and property
in the City of Denton from natural or manmade disasters or threat thereof is immediately
essential; and
WHEREAS, the City Council further finds that in times of disasters which may imperil
the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and
place into operation preconceived plans, regulations, and preparations with a minimum of delay;
and
WHEREAS, the City Council finds that it is in the public interest to provide for the
necessary powers and authority to provide prompt and effective use of all City resources to
prepare for, respond to, and recover from disasters that are likely to affect the public health,
welfare and safety; and
WHEREAS, in times of disasters and emergencies there is an urgent need for the prompt
suspension of laws and regulations and the enactment of same to protect the public health,
welfare, and safety; and
WHEREAS, Chapter 418 of the Government Code requires that the City prepare and
keep current an emergency management plan for its area providing for disaster mitigation,
preparedness, response, and recovery; and
WHEREAS, that the City Council finds that certain portions of the Plan contain
information made confidential by Chapter 418 of the Government Code, Section 552.139 of the
Government Code or other applicable law; and
WHEREAS, the City Council finds, therefore, that the adoption of a modem "Emergency
Management Plan" is necessary and in the public interest; NOW, THEREFORE,
S:Our Docunlalt ~Ordhlmlce~04mnlergalcy Plml Amalding mid Replacing doc
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The "Emergency Management Plan" of the City of Denton is hereby
adopted, amended and replaced by the current modem Plan entitled, "Emergency Management
Plan."
SECTION 3. That the Mayor, City Manager, Emergency Management Coordinator and
the Emergency Management Program Manager are authorized to take all actions necessary to
implement the Emergency Management Plan in times of disaster or emergency.
SECTION 4. That the Mayor shall provide the State Emergency Management Division
with a true and correct copy of the Plan and this Ordinance and shall notify the Division of the
manner in which the City is providing an emergency management program, identify the person
primarily responsible for the program, and furnish additional pertinent information which the
Division requires.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__ day of _, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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AGENDA INFORMATION SHEET
AGENDA DATE: April 6, 2004
DEPARTMENT:
CM/DCM/ACM:
Fire Department
Jon Fortune, Assistant City Manager
SUBJECT
Consider an ordinance amending, repealing and replacing Chapter 9 of the Code of Ordinances
"Emergency Management"; creating an Office of Emergency and Disaster Management,
Director of Disaster and Emergency Services, and other offices; providing for an Emergency
Management Plan, providing definitions; providing for a declaration of a disaster proclamation;
providing for suspension of laws and the powers of the Mayor during an emergency/disaster;
providing for a penalty not to exceed $2,000 and a civil penalty not to exceed $5,000 for
violation of this ordinance; providing for a severability clause; and providing an effective date.
BACKGROUND
The Emergency Managemem Ordinance is curremly comained in Chapter 9 of the City Code.
The Ordinance was written in 1966 and many of its provisions need to be updated. Since the
adoption of the Chapter 9 we have experienced the horrible terrorists acts of September 11,2001,
the Federal Department of Homeland Security has been established, the Texas Disaster Act of
1975 (Chapter 418 of the Texas Governmem Code) and the Homeland Security Act of 2003
(Chapter 421 of the Texas Governmem Code) have been enacted.
The proposed Ordinance amends, repeals and replaces Chapter 9 of the City Code "Emergency
Managemem" with a modern Emergency and Disaster Planning and Response Ordinance which
does the following:
o
Creates an Office of Emergency and Disaster Management separate from the County
headed by the Mayor as the Director of Disaster and Emergency Service.
Creates the Office of the Emergency Management Coordinator who is responsible for
many disaster and homeland security grams and the securing of confidemial information
such as information relating to critical infrastructure.
Providing definitions including definitions of disaster, utility emergency, and homeland
security activity.
Providing for the development and maintenance of an up-to-date and comprehensive
emergency management plan.
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Listing the Mayor's powers during the declaration of a disaster including the power to
protect the public health, safety and welfare through declaring curfews, establishing
wage, rent, and price controls, and taking other necessary action through emergency
proclamations and regulations.
Prohibiting certain activities during the disaster period.
Establishing criminal and civil penalties for violation of disaster regulations, rules or
orders.
Providing limitation on liability and immunity for City officers, employees and
volumeers performing disaster, emergency or homeland security during a disaster.
Additional information concerning the Ordinance is included in the City Attorney's status report.
OPTIONS:
The Council can:
Enact the new Disaster Management Ordinance as written.
Enact the Ordinance with changes.
Refuse to enact the Ordinance allowing the current provisions of Chapter 9 of the Code to
govern emergency and disaster management.
RECOMMENDATION
Staff recommends that you choose Option 1 enacting the Ordinance as written. In addition to
creating an Office of Emergency and Disaster Management separate from Denton County, this
Ordinance brings us imo compliance with currem laws governing emergency planning and
management.
PRIOR ACTION/REVIEW .(Council, Boards, Commissions)
The Legal Departmem for the City of DeNon has reviewed and approved this Ordinance.
FISCAL INFORMATION
There will be no immediate fiscal impact as a result of the adoption of the Ordinance. Since the
Ordinance could authorize economic stabilization measures and measures to lessen the financial
impact of a disaster or emergency, it should have a positive fiscal impact in the event of an
emergency or disaster.
Respectfully submitted:
Ross Chadwick
Emergency Management Coordinator
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ORDINANCE NO.
AN ORDINANCE AMENDING, REPEALING AND REPLACING CHAPTER 9 OF THE
CODE OF ORDINANCES "EMERGENCY MANAGEMENT"; CREATING AN OFFICE OF
EMERGENCY AND DISASTER MANAGEMENT, DIRECTOR OF DISASTER AND
EMERGENCY SERVICES, AND OTHER OFFICES; PROVIDING FOR AN EMERGENCY
MANAGEMENT PLAN, PROVIDING DEFINITIONS; PROVIDING FOR A
DECLARATION OF A DISASTER PROCLAMATION; PROVIDING FOR SUSPENSION OF
LAWS AND THE POWERS OF THE MAYOR DURING AN EMERGENCY/DISASTER;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 AND A CIVIL PENALTY NOT
TO EXCEED $5,000 FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of DeNon, Texas finds that the idemification of
potential hazards and the prevention of mitigation of their effects must be an on-going concern of
the City if the lives and property of the populace are to be protected; and
WHEREAS, the City Council hereby declares that the preparation of a comprehensive
Emergency Management Plan, and the means for its implementation, providing for the protection
of lives and property in the City of DeNon from natural or manmade disasters or threat thereof is
immediately essential; and
WHEREAS, the City Council further finds that in times of disasters which may imperil
the safety of the inhabitams of the City, or their property, it becomes necessary to effectuate and
place into operation the preconceived plans, regulations, and preparations with a minimum of
delay; and
WHEREAS, the City Council finds that it is in the public imerest to provide for the
necessary powers and authority to provide the prompt and effective use of all City resources to
prepare for, recover from and respond to disasters that are likely to affect the public health,
welfare and safety; and
WHEREAS, in times of disaster and emergency there is an urgent need for the prompt
suspension of laws and regulations and the enactment of same to protect the public health,
welfare, and safety; and
WHEREAS, the City Council finds, therefore, that the enactment of a modern
"Emergency and Disaster Planning and Response" Chapter of the City Code is necessary and in
the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the findings and recitations set forth in the preamble of this Ordinance
are incorporated by reference imo the body of this Ordinance as if fully set forth herein.
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SECTION 2. That Chapter 9 "Emergency Management" of the City Code is hereby
amended, repealed and replaced by the following Chapter entitled, "Emergency and Disaster
Planning and Response."
Chapter 9 "Emergency and Disaster Planning and Response."
Article I. Emergency and Disaster Management
Section 9-1. Purpose and Declaration of Policy.
The purpose of this Chapter is to provide the necessary organization, powers, and
authority to provide the timely and effective use of all City resources to prepare for,
respond to and recover from disasters and or emergencies, natural or manmade, that are
likely to affect the health, security, safety, welfare or property of the City and its
residents, whether the events occur within or without the corporate limits of the City.
This Chapter is enacted to provide the City, its officers and employees, with the broadest
power permitted by the City Code, City Charter, state and federal law to plan for and
respond to disasters and or emergencies.
Section 9-2. Definitions.
When used herein the following terms shall mean:
(a)
Civil emergency shall include, without limitation, any condition of unrest, riot,
civil disobedience, affray, unlawful assembly, hostile, military or paramilitary
action, war, terrorism or sabotage.
(b)
Critical infrastructure includes all public or private assets, systems, and functions
vital to the security, governance, public health and safety, economy, or morale of
the City.
(c)
Curfew means the period during which no person other than expressly authorized
officials of the city, county, state or federal government may be present in or upon
public streets, sidewalks, parks or other public places or on private property
without the consent of the owner or tenant thereof or at any other place where
such person has no right or authority to be during such a period.
(d)
Dangerous product means any material or product which could reasonably be
expected to be used as a tool of arson or terrorism, explosive or weapon, including
but not limited to: gasoline and other liquid flammable and combustible products;
dynamite and other explosives; firearms and ammunition; and knives and other
dangerous weapons.
(e)
Disaster, whether natural or manmade, shall include, without limitation, the
occurrence or imminent threat of widespread or severe damage, injury, or loss of
life or property resulting from flood, fire, cyclone, tornado, earthquake, severe
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high or low temperatures, water contamination or pollution, land contamination or
pollution, air pollution, blizzard, landslide, mudslide, hurricane, volcanic activity,
building or structural collapse, high water table, pandemic disease, epidemic, riot,
blight, drought, infestation, wind, storm, wave action, hazardous substance spills
or releases, chemical spills or releases, petroleum spills or releases, air
contamination, biological matter spills or releases, radiation releases or exposures,
infestation, explosions, sabotage, mass transportation accidents or public health
emergencies, computer failure or other electronic or technological failures that
threaten the public health, safety and welfare, hostile military or paramilitary
action or terrorist attack, or any other public calamity requiring emergency action
or a utility or energy emergency.
(f)
Emergency means the imminent threat or occurrence of a disaster, civil
emergency or utility or energy emergency affecting the City and its residents and
inhabitants where the Mayor determines that the exercise or discharge of
emergency or disaster powers is necessary to save lives, protect property, to
protect the public health and safety, or to lessen or to avert the threat of a
catastrophe or calamity within the City.
(g)
Homeland security activity means any activity related to the prevention or
discovery of, response to, or recovery from a terrorist attack, natural or man-made
disaster, hostile military or paramilitary action, or extraordinary law enforcement
emergency.
(h)
Mayor means the Mayor of the City or the Mayor Pro Tem in his or her absence
or incapacity or the next council member in succession who may be available in
the absence or incapacity of the Mayor Pro Tem.
(i)
Public place means any public road, street, alley or other right-of-way within the
City or immediately adjacent thereto, any property owned or leased by the City or
under its control or any store, building or place at which people are assembled or
to which people commonly resort for purposes of business, amusement or
education.
(J)
Utility emergency shall include, without limitation, conditions which endanger or
threaten to endanger the safety, potability, availability, transmission, distribution,
treatment, or storage of water, natural gas, gas fuel, electricity, communication,
solid waste or sewage.
The term "energy emergency" and other terms not specifically defined herein shall be
defined in accordance with the definitions set forth in Chapter 418 "Emergency
Management" or Chapter 421 "Homeland Security" of the Government Code or any
successor statute. All other terms not defined herein or in Chapter 418 or 421 shall be
construed in their common and usual meaning unless the contrary is clearly indicated and
in accordance with Section 1-2 of this Code.
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Section 9-3. Director; Coordinator; Program Manager.
(a)
There is hereby created the Office of Emergency and Disaster Management
headed by the Director of Emergency and Disaster Services of the City which
position shall be held by the Mayor. An Emergency Managemem Coordinator
shall be appoimed by and serve at the pleasure of the Director, in conjunction
with the County and other governmental entities. The Emergency Management
Coordinator shall appoint an Emergency Management Program Manager who
shall be authorized to execute and perform all duties of the Coordinator, as
enumerated in this Article. Such appointment shall be approved by the Director
of Emergency and Disaster Services hereinafter sometimes referred to as Director.
(b)
The Emergency Manager Coordinator shall be responsible for all actions taken
with respect to requests for revenue, grants, or other funding for homeland
security or emergency management activities or initiatives or any other duties
delegated to the Coordinator by the Director. The Coordinator shall inform the
Office of the Governor about any such actions relating to homeland security. In
the even the City receives a gram or other funding related to homeland security
as a result of these activities, the Coordinator shall provide the Office of the
Governor with an annual report detailing the City's compliance with homeland
security strategy. The Coordinator shall also be responsible for securing and
maintaining the confidentiality of all information relating to critical infrastructure
or any other categories of information made confidemial by Chapters 418 and 552
of the Governmem Code or any other applicable provisions of the law.
Section 9-4. Operational Organization.
The operational disaster and emergency services organization of the City shall consist of
the municipal officers and employees set forth in this chapter and who may be designated
by the Mayor and City Manager and volumeer workers. Plans of organization shall
substantially conform to recommendations of the federal government and the State
Emergency Management Division or the State Office of Disaster or Emergency Services
or any successor agencies. The functions and duties of this organization shall be
distributed to the officers and employees of the City in accordance with the terms of the
emergency management program or plan.
Section 9-5. Powers and Duties of the Director.
The duties and responsibilities of the Director of Emergency and Disaster Services shall
include, without limitation, the following:
(a)
Conduct an on-going survey of actual or potential hazards which threaten life and
property within the City and an on-going program of idemifying and requiring or
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recommending the implementation of measures which would tend to prevent the
occurrence or reduce the impact of such hazards if a disaster did occur;
(b)
Supervision of the development and approval of an emergency management
program or plan for the City and recommend for adoption of the City Council all
mutual aid arrangements deemed necessary for the implementation of such plan;
(c)
Direction and control of the operations of the City emergency and disaster
management organization, as well as the training of emergency management
personnel;
(d)
Determination of all questions of authority and responsibility that may arise
within the emergency management organization of the City;
(e)
Maintenance of liaison with other municipal, county, district, state, regional or
federal emergency management organizations;
Marshalling of all necessary personnel, equipment or supplies from any
department of the City to aid in carrying out the provisions of the emergency
management plan;
(g)
Supervision of the drafting and execution of mutual aid agreements in cooperation
with the representatives of the state and other local political subdivisions of the
state, and the drafting and execution, if deemed desirable, of an agreement with
the county in which the City is located and with other municipalities within the
county, for the county-wide coordination of emergency management efforts;
(h)
Supervision of and final authorization for the procurement of all necessary
supplies and equipment, including acceptance of private contributions that may be
offered for the purpose of improving emergency management within the City;
(i)
Authorizing agreements, after approval by the City Attorney, for use of private
property for public shelter and other purposes;
(J)
Surveying the availability of existing personnel, equipment, supplies and services
which could be used during a disaster, as provided for this article;
(k)
Assisting the City Manager, the Mayor Pro Tem or the Mayor's designee in the
exercise of emergency powers under Section 9-22. The Director of Emergency
and Disaster Services shall consult with the City Attorney in the planning and
exercise of emergency measures;
(1)
Coordinate with the state and federal government, the Department of Homeland
Security and any successor agency and other governmental agencies as may be
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necessary to plan and implement a joint jurisdiction emergency planning and
disaster services plan and mutual aid arrangements;
(m)
Request the Mayor when appropriate to declare a state of disaster or emergency as
provided in Section 9-21;
(n) Control and direct emergency training activities;
(o)
Maintain a liaison with other municipal, state, regional and federal disaster and
emergency services agencies;
(P)
Marshal and direct, after the declaration of a state of disaster or emergency, the
operational disaster and emergency services organization of the City, including all
necessary personnel equipment and supplies from any department of the City to
aid in carrying out the emergency operations program or plan;
(q)
Prepare under the direction of the Mayor and in consultation with the City
Attorney, all necessary emergency proclamations, rules, and orders pursuant to
Sections 9-21 and 9-22, and implement the emergency operations plan or
program;
(r)
Serve as an operations officer for any joint or mutual emergency operations
administration;
(s)
Exercise any other process or duties as may be assigned by the Mayor or City
Council and as may be specified in the Texas Disaster Act of 1975, V.T.C.A.,
Government Code, Chapter 418 or the Homeland Security Act of 2003, V.T.C.A.,
Government Code, Chapter 421, or any successor statute and any other applicable
local, state or federal laws;
(t)
Consult with the City Attorney as necessary in the planning and exercise of
emergency powers.
The Director shall be responsible for a program of comprehensive emergency
management and for carrying out the powers, duties and responsibilities set forth in this
Chapter. He or she may delegate authority for the execution of these duties to the
Coordinator and the Program Manager, but will be responsible for the execution of these
duties.
Section 9-6. Emergency Management Plan.
The Director of Emergency and Disaster Services shall develop and maintain and
recommend for adoption by the City Council a comprehensive emergency management
plan in a current state. The plan shall set forth the form of the organization, establish and
designate divisions and functions, assign responsibilities, tasks, duties and powers and
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designate officers and employees to carry out the provisions of this Chapter. As
provided by state law, the plan shall follow the standards and criteria established by the
State Division of Emergency or Disaster Management or any successor agency. Insofar
as possible, the form of organization, titles and terminology shall conform to the
recommendations of the State Division of Emergency Management. When approved, it
shall be the duty of all departments and agencies to perform the functions assigned by the
plan and to maintain their portion of the plan in a current state of readiness at all times.
The emergency management plan shall be considered supplementary to this Chapter and
have the effect of law during the time of a disaster or emergency. The Director shall
make continuing studies of the emergency management plan or program.
Section 9-7. Mutual Aid Agreements
(a)
The Director may, on behalf of the City, enter into reciprocal aid, mutual aid, joint
powers agreements, intergovernmental assistance agreements, or other compacts,
plans, or agreements with other governmental entities for the protection of life
and property. Such agreements may include the furnishing or exchange of
supplies, equipment, facilities, personnel, and/or services and authorize
employment by the county and other cities and governmental entities within the
county with the Director as area coordinator for mutual aid.
(b)
The City Council or any of its committees, boards, commissions, or authorities
may exercise such powers and functions in light of the exigencies of the
emergency or disaster and may waive compliance with time consuming
procedures and formalities prescribed by law.
(c)
The Director shall recommend for adoption by the City Council mutual aid plans
and agreements which are deemed essential for the emergency management plan
or program.
(d)
The Director is authorized to join with other city, county, state and federal
officials to form joint emergency management plans and programs and in the
appointment of a joint emergency management coordinator and to participate in
county-wide, regional and state-wide programs of emergency and disaster
management and to present any such plans or programs for the approval of the
City Council.
Sections 9-8 - 9-20. Reserved.
Article II. Regulations During Times of Disaster or Emergency
Section 9-21. Authority to Declare State of Disaster.
The Mayor is hereby authorized to declare by proclamation a state of disaster and to take
any action deemed necessary to provide adequate control over persons and conditions
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during such periods of impending or actual public emergency or disaster, and it is the
intent of the City Council to provide the means whereby the Mayor may take steps to
protect lives and property and maintain the operation of the government, until the City
Council or the Governor of the state shall further act.
Section 9-22. Mayor's Powers During Disaster or Emergency.
The Mayor is authorized, if the Mayor finds that the City or any part thereof is suffering
or is in imminent danger of suffering a disaster, emergency, civil emergency, or utility
emergency, to declare a local disaster and issue orders exercising all emergency powers
including without limitation, all of the following:
(a)
Temporarily suspend, limit, cancel, convene, reschedule, postpone, continue, or
relocate all meetings of the City Council, and any City committee, commission,
board, authority, or other City body as deemed appropriate by the Mayor.
(b)
Suspend or limit the sale, distribution, dispensing or transportation of alcoholic
beverages, firearms, explosives, and other combustible products and require the
closing of those businesses or parts of businesses insofar as the sale, distribution,
dispensing, or transportation of these items are concerned.
(c)
Establish a curfew during such hours of the days or nights and affecting such
categories of persons as may be designated.
(d) Require closing of business establishments.
(e)
Prohibit the sale or distribution within the City of any products which could be
employed in a manner which would constitute a danger to public safety.
(f)
Temporarily close any and all streets, alleys, sidewalks, bike paths, public parks
or public ways.
(g)
Temporarily suspend or modify, for not more than seven (7) days, any regulation
or ordinance of the City, including but not limited to, those regarding health,
safety, and zoning. This period may be extended upon approval of the City
Council.
(h) Suspend or limit the use of the City's water resources or other infrastructure.
(i)
Control, restrict, allocate, or regulate the use, sale, production, or distribution of
food, water, fuel, clothing, and/or other commodities, materials, goods, services,
and resources including the establishment of wage, rent, and price controls and
other economic stabilization methods necessary to preserve economic stability.
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(J)
Suspend or limit burning of any items or property within the City limits and up to
five (5) miles outside the corporate limits.
(k)
Require emergency services of any City officer or employee. If regular City
forces are determined to be inadequate, then to acquire the services of such other
personnel as the Mayor can obtain that are available, including citizen volunteers.
All duly authorized persons rendering emergency services shall be entitled to the
privileges and immunities as are provided by state law to other registered and
identified disaster emergency workers.
(1)
Utilize all available resources of the City as reasonably necessary to manage the
disaster or emergency.
(m)
Direct and compel the evacuation of all or part of the population from any
stricken or threatened areas within the City if the Mayor deems this action is
necessary for the preservation of life, property, or other disaster or emergency
mitigation, response or recovery and to prescribe routes, modes of transportation
and destination in connection with an evacuation.
(n)
Purchase or lease materials, supplies, or equipment during the local disaster or
emergency, and to authorize any or all agencies or City officials to directly
purchase or lease those materials, supplies, or equipment essential to continue the
work of the City involved without the advertisement of bids. Purchases or leases
exceeding the amount of twenty-five thousand dollars ($25,000.00) shall require
prior approval by the Director of Finance and Municipal Services shall follow the
emergency procurement procedures set forth in Section 9-23.
(o)
Hire and contract for construction, engineering, architectural, building, electrical,
plumbing, and repair of public improvements and/or other professional or
construction services essential to continue to work of the City without the
advertisement of bids when the delay of advertising and public bidding might
cause serious injury or loss. Such contracts shall not exceed twenty-five
($25,000.00) without prior approval having been given by the Director of Finance
and Administrative Services and following the emergency procurement
procedures set forth in Section 9-23.
(p) Make application for local, state, or federal assistance.
(q) Establish and control routes of transportation, ingress or egress.
(r)
Control ingress and egress from any designated disaster or emergency area or
home, building or structures located therein.
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(s)
Utilize private property as necessary to cope with emergency or disaster
conditions, subject to any requirements established by law for compensation and
in accordance with Section 9-31.
(t)
Appropriate and expend funds, exclude contracts, authorize the obtaining and
acquisition of property, equipment, services, supplies, and materials without strict
compliance with procurement regulations or procedures.
(u)
Transfer the direction, personnel, or functions of City departments and agencies
for the purpose of performing or facilitating emergency or disaster services.
(v)
Accept services, gifts, grants, loans, equipment, supplies, and/or materials
whether from private, nonprofit, or governmental sources.
(w)
Terminate or suspend any process, operation, machine, device, or event that is or
may negatively impact the health, safety, and welfare of persons or property
within the City.
(x)
Delegate authority to such City officials as the Mayor determines reasonably
necessary, convenient, or expedient.
(Y)
Require the continuation, termination, disconnection, or suspension of natural gas,
electrical power, water, sewer, communication or other public utilities or
infrastructure.
Close or cancel the use of any municipally owned or operated building or other
public facility.
(aa)
Disinfect, abate, demolish, remove or clean up any building, structure, site,
wreckage, or debris.
(bb)
Declare, issue, enforce, modify and terminate orders for quarantine and isolation
of persons or animals posing a threat to public health.
(cc)
Exercise such powers and functions in light of the exigencies of emergency or
disaster including the waiving of compliance with any time consuming procedures
and formalities, including notices, as may be prescribed by law.
(dd)
Issue any and all such other orders or undertake such other functions and
activities as the Mayor reasonably believes is required to protect the health,
safety, and welfare of persons or property within the City or otherwise preserve
the public peace or abate, clean up, or mitigate the effects of any emergency or
disaster.
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(ee)
Exercise the full power and authority to provide by proclamation all regulations
reasonably necessary to protect the health, security, welfare, safety, peace, life
and property of the City and the inhabitants during the time of such crisis.
(fO
Delegate, to the extent allowed by law, any or all of these powers and duties to the
Emergency Management Coordinator.
(gg)
Petition the Governor to apply to the Federal Government for financial assistance
and for aid to local families and individuals adversely affected by the disaster or
emergency.
Section 9-23. Emergency Procurements.
(a)
Notwithstanding any provision of this Code to the contrary, the Mayor, upon
declaration of a state of emergency by proclamation as provided in Section 9-21,
may authorize the City Manager or the City Manager's designees to procure by
purchase or lease, such goods and services as are deemed necessary for the City's
emergency response effort. This emergency procurement of goods or services
may be made in the open market without filing a requisition or estimate and
without advertisement for immediate delivery or furnishing. A full written
account of all emergency procurements made during this emergency, together
with a requisition for the required materials, supplies, equipment, or services,
shall be submitted to or provided by the City Manager within 30 days after their
procurement, and shall be open to public inspection for a period of at least one
year subsequent to the date of the emergency purchases. The City Manager shall,
within three months of the conclusion of the emergency, formally communicate
these emergency expenditures in a full written account to the City Council.
(b)
All payments or compensation for personal services must be approved by City
Council unless otherwise authorized by law.
Section 9-24. Override.
At all times when the orders, rules and regulations made and promulgated pursuant to this
article shall be in effect, they shall supersede and override all existing ordinances, orders,
rules and regulations insofar as the latter may be inconsistent therewith but only to the
extent of any such conflict or inconsistency.
Section 9-25. Filing and Notice of Declaration and Regulation.
Any proclamation or declaration of disaster or emergency and emergency regulations
issued by the Mayor shall be promptly filed with the City Secretary and the public shall
be promptly notified through general publicity of said declaration in the official
newspaper of the City or by local radio or television or by posting said declaration and
regulations on the City's web site or by circulating notice or by posting signs at
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conspicuous places within the affected area or by any combination of such methods or as
otherwise may be required by law.
Section 9-26. Prohibited Conduct During Disaster or Emergency.
During the period an actual or impending local disaster or emergency has been declared,
it shall be unlawful for any person to:
ao
Enter or remain upon the premises of any establishment not open for business to
the public, unless such person is the owner or agent of the establishment.
bo
Violate any of the orders or regulations duly issued by the Mayor or authorized
personnel.
Co
Willfully obstruct, hinder, or delay any duly authorized peace officer or any
member of the emergency management organization in the enforcement of the
provisions of this Chapter, or any order or regulation issued under authority
provided for in this Chapter or to do any act forbidden by any rule or regulation
issued pursuant to the authority contained in this Chapter.
do
To wear, carry or display any emblem, insignia or any other means of
identification as a member of the emergency management organization of the
City, unless authority to do so has been granted to such person by the proper
officials.
eo
To operate a siren or other device so as to simulate a warning signal or the
termination of a warning, unless authority to do so has been granted to such
person by the proper officials.
Section 9-27. Effective Term of Declaration.
The declaration of a local disaster or emergency shall be in effect immediately upon
issuance and shall remain in effect for a period of up to seven (7) days or the maximum
period allowed by law. This period may be extended by the Mayor only upon approval
of the City Council or by the Governor.
Section 9-28. Commitment of Funds.
No person shall have the right to expend any public funds of the City in carrying out any
emergency management activity authorized by this article without prior approval by the
City Council except in accordance with the approved City and/or county budgets or as
authorized by this Chapter and other applicable law. No person shall have any right to
bind the City by contract, agreement or otherwise without prior and specific approval of
the City Council, unless during a declared disaster. During a declared disaster, the Mayor
may expend and/or commit public funds of the City when deemed prudent and necessary
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for the protection of health, safety, welfare, life or property in accordance with Sections
9-22 and 9-23 of this Chapter.
Section 9-29. Location of City Council Meetings and Departments.
(a)
Whenever an emergency or disaster makes it imprudent or impossible to conduct
the affairs of the City at its regular locations, the City Council may meet at any
place, inside or outside the City limits. Any temporary disaster meeting location
for the City Council shall continue until a new location is established or until the
emergency or disaster is terminated and the City Council is able to return to its
normal location.
(b)
Whenever an emergency or disaster makes it imprudent or impossible to conduct
the affairs of any department of the City at its regular location, such department
may conduct its business at any place, inside or outside the City limits, and may
remain at the temporary location until the emergency or disaster is declared ended
or until the department is able to return to its normal location.
(c)
Any official act or meeting required to be performed at any regular location of the
City Council or of its departments shall be valid when performed at any
temporary location established under this section.
Section 9-30. Authority to Enter Property.
During the period of a declared emergency or disaster, a City officer or employee or
authorized agent may enter onto or upon private property if the officer, employee or
authorized agent has reasonable grounds to believe that there is a true emergency or
disaster and an immediate need for assistance for the protection of life or property, and
that entering onto the private land will allow the employee or authorized agent to take
such steps to alleviate or minimize the emergency or disaster or to prevent or minimize
risk or danger to lives or property from the declared emergency or disaster.
Section 9-31. Property Taken or Commandeered. Any person making a claim for
property taken, used or commandeered during the emergency or disaster shall follow the
procedure set forth and be compensated in accordance with the requirements and
restrictions of Chapter 418 of the Government Code or any successor statute.
Section 9-32 - 9-50. Reserved.
Article iii. Enforcement, Immunity, and General Application
Section 9-51. Scope and Application.
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The provisions of this Chapter shall apply to all executive, legislative, and judicial
branches, powers, and functions conferred upon the City and its officers, employees, and
authorized agents.
Section 9-52. Immunity.
(a)
This Chapter is an exercise by the City of its governmental functions for the
protection of the public peace, health, safety, and welfare and neither the City, the
agents and representatives of the City nor any individual, receiver, firm,
partnership, corporation, association or trustee nor any of the agents thereof, in
good faith carrying out, complying with or attempting to comply with any order,
rule or regulation promulgated pursuant to the provisions of this Chapter, shall be
liable for any damages sustained to persons as the result of the activity. Any
person owning or controlling real estate or other premises who voluntarily and
without compensation grants to the City a license or privilege or otherwise
permits the City to inspect, designate and use the whole or any part of such real
estate or premises for the purpose of sheltering persons during an actual,
impending or practice enemy attack or natural or manmade disaster shall, together
with his successors in interest, if any, not be civilly liable for the death of or
injury to any person on or about such real estate or premises under such license,
privilege or other permission or for loss of or damage to the property of such
person.
(b)
Any officer, employee, or volunteer of the City performing a homeland security
activity or other emergency activity under this Chapter shall also be entitled to the
protection of the limitations on liability contained in Chapters 418 and 421 of the
Government Code or any successor statute or any other applicable law.
Section 9-53. Authority for Enforcement.
The members of the police force of this City and other law enforcement agencies have
jurisdiction or as otherwise authorized by the Mayor, the public health department, the
fire department, or such other persons as authorized by the Mayor, are hereby authorized
and directed to enforce the orders, rules, and regulations made or issued pursuant to this
Chapter.
Section 9-54. Penalty for Violation.
(a)
Any person violating any of the provisions of the Chapter shall, upon conviction
of any provision that governs fire safety, zoning or public health and sanitation,
be fined a sum not exceeding two thousand dollars ($2,000) and upon conviction
of a violation of any other provision of this Chapter, be fined a sum not exceeding
five hundred dollars ($500).
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(b)
Any person violating a proclamation of emergency or disaster, a subsequent
proclamation exercising emergency or disaster powers, a rule, regulation or order,
which rule, regulation or order issued pursuant to this Chapter, or who violates
any order or directive of emergency services personnel pursuant to this Chapter
shall, upon conviction of any proclamation, rule, regulation, order or directive that
governs fire safety, zoning or public health and sanitation, be fined a sum not
exceeding two thousand dollars ($2,000) and upon conviction of a violation of
any other proclamation, rule, regulation, order or directive issued under this
Chapter, be fined a sum not exceeding five hundred dollars ($500).
(c)
Each and every day that the provisions of or any proclamation, rule, regulation,
order or directive issued under this Chapter are violated shall constitute a separate
and distinct offense.
Section 9-55. Civil Penalty.
Any owner or owner's representative with control over the premises violating any
provision of or any proclamation, rule, regulation, order or directive issued under this
Chapter upon proof that (1) the defendant was actually notified of the provisions of this
Chapter or of any proclamation, rule, regulation, order or directive issued under this
Chapter; and (2) after the defendant received notice of the Chapter, proclamation, rule,
regulation, order or directive, the person committed acts in violation of same or failed to
take action necessary for compliance may be assessed a civil penalty not exceeding one
thousand dollars ($1,000) a day for violation or a civil penalty not to exceed five
thousand dollars ($5,000) a day for violations relating to point source effluent limitations
or the discharge of a pollutant, other than from a non-point source, into a sewer system,
including a sanitary or storm water sewer system, owned or controlled by the City or
assessed a civil penalty as may otherwise be authorized by law.
Section 9-56. Penalties Cumulative.
All penalties in this Chapter are in addition to and cumulative of any other remedies that
may be available at law and in equity, including, without limitation, injunctive relief.
Section 9-57. Severability.
The provisions of this Chapter are declared to be severable, and if any section, sentence,
clause or phrase of this Chapter shall for any reason be held to be invalid or
unconstitutional or if the application of this Chapter to any person or circumstance is held
to be invalid or unconstitutional, such holding shall not affect the validity of the
remaining sections, sentences, clauses and/or phases of this Chapter.
SECTION 3. 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
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published twice in the Demon Record-Chronicle, the official newspaper of the City of Demon,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 16 of 16
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2004
Airport & Transportation Operations
Jon Fortune, Assistam City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton, Texas terminating that certain airport
lease dated November 6, 2001, by and between the City of DeNon, Texas and Paul Bridges;
authorizing the City Attorney or his designee to take appropriate legal action, if necessary to
effectuate the termination; and providing an effective date.
BACKGROUND INFORMATION:
Under the subject airport lease the Lessee, Paul Bridges was to construct certain hangar/office
improvements on the leased premises. Over 2 years and 4 months have expired since the date of
the lease with no improvements being constructed as required by the lease agreement and
enacted via Ordinance 2001-414. Airport staff has attempted to contact Bridges on numerous
occasions to discuss the options provided him under the lease agreement. Airport staff sent
correspondence dated May 16, 2003, June 11, 2003, October 2, 2003 and on January 2, 2004 via
certified letter giving him thirty (30) days notice to comact us or be declared in default of the
lease agreement.
OPTIONS
I. Approve the Ordinance as proposed.
II.
Provide direction to staff to seek an alternative solution to terminating the lease
agreement.
PRIOR ACTION / REVIEW:
The Airport Advisory Board recommended City Council terminate the lease agreemem by a
unanimous vote at their March 10, 2004 Board Meeting. The City Attorney's Office prepared
and reviewed the proposed ordinance to terminate.
RECOMMENDATION:
The Airport Advisory Board and Staff recommends termination of the lease agreemem.
FINANCIAL INFORMATION:
Terminating the lease agreement will have no long-term negative financial impact on the City of
Denton.
ATTACHMENTS:
Ordinance
Respectfully submitted:
Mark Nelson, Director of Airport &
Transit Operations
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TERMINATING THAT CERTAIN
AIRPORT LEASE DATED NOVEMBER 6, 2001, BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND PAUL BRIDGES; AUTHORIZING THE CITY ATTORNEY OR HIS
DESIGNEE TO TAKE APPROPRIATE LEGAL ACTION, IF NECESSARY, TO
EFFECTUATE THE TERMINATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") and Paul Bridges ("Bridges") have
entered into that certain Airport Lease Agreement dated November 6, 2001 (the "Lease
Agreement") whereby the City leased to Bridges for aviation purposes an approximate 2,700
square feet of land located at the Denton Municipal Airport and described as Lot 10, which is
more particularly described in the Lease Agreement which is incorporated herein by reference
(the "Leased Property"); and
WHEREAS, pursuant to the Lease Agreement Bridges has the duty and obligation to
construct on the Leased Property a hangar/office facility of not less than 1,800 square feet,
including related improvements (the "Improvements"); and
WHEREAS, Bridges's obligation to construct the Improvements is a material obligation
of Bridges under the Lease Agreement; and
WHEREAS, on numerous occasions the City has given Bridges written notice of default
and opportunity to cure. Such notices include letters dated October 2, 2003 and January 2, 2004.
Despite these notices Bridges has failed or refused to complete the lease improvements in
accordance with the terms of the Lease Agreement. The City has given Bridges well over the 30
day period to cure provided for in the Lease Agreement; and
WHEREAS, the Airport Advisory Board has recommended that the City Council
terminate the Lease Agreement due to Bridges default; NOW, THEREFORE;
THE COUNCiL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby terminates the Lease Agreement due to
nonperformance of a material obligation of Bridges under the Lease Agreement. Should legal
action be required to effectuate the termination of the Lease Agreement and/or if it should
become necessary to file legal action to remove Bridges from the Leased Property or to
determine the rights and obligations of the parties under the Lease Agreement, the City Attorney,
or his designee is hereby authorized to file such legal actions or lawsuits on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
S:\Ou.r DocumentskOrdinances\04\Termination of Airport Lease-Paul Bridges,doc
PASSED AND APPROVED this the
__ day of
,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINEBROCK, MAYOR
BY:
APPROVED AS T_~.Q~AL FgP, M:
P~e2
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
April 6, 2004
Engineering
Jon Fortune, Assistant City Manager
SUBJECT
Consider repealing Ordinance 96-273 and amending Chapter 18 o£ the Code of Ordinances by adding
Section 18-73; altering the prima facie speed limits established for vehicles under the provision of
Transportation Code, Section 545.356 upon Teasley Lane or FM 2181 or parts thereof, within the
incorporate limits of the City of DeNon; providing a penalty not to exceed $200.00; providing a
severability clause, providing for publication; and declaring an effective date.
BACKGROUND
Speed zones are typically established by an engineering investigation. The primary criteria used in
establishing a speed limit is called the eighty-fifth percemile (85%) speed. This is established by
performing a speed study and calculating the speed at which 85% of the vehicles are traveling at or
less. The 85% speed has been determined as being the speed at which a prudem driver, given the type
of street, will drive that roadway under normal driving conditions. The courts have determined that the
85% is the primary criteria by which a reasonable speed limit should be established. The speed limit is
usually rounded to the 5MPH incremem that is just higher or lower than the 85% (unless the 85% is
calculated at a 5MPH incremem). Other factors that can be considered in lowering a speed limit less
than the 5MPH increment are:
1. Roadway pavemem width of 20ft or less,
2. Horizontal and vertical curves,
3. Hidden driveways and other roadside developmems,
4. High driveway density,
5. A high crash history,
6. Substamial pedestrian activity,
7. Rural residemial or developmem area and
8. Lack of striped, improved shoulders.
The State of Texas considers these other factors as being a means of establishing a speed limit up to
10MPH (12MPH for locations with a crash rate higher than the statewide average) lower than the 85 %.
TxDOT periodically performs speed limit studies on all of its highways. The City has been working
with TxDOT since the mid 1990's on the currem speed limit analysis of their highways that are within
the corporate limits of the City of Denton.
It should be noted that on state highways that are within a city's corporate limit, if a city should set a
speed limit that is lower than the engineering study has determined, the State's Transportation
Commission can establish a minute order (a state law) that invalidates any city ordinance and posting
and the state can remove the city's posting and install those that reflect the minute order.
Page 1
Also, speed limit studies are typically done when there are moderate volumes that are under generally
free-flow conditions. As such, speed limit studies typically do not include industrial plant let-out
times, school hour drop-off/pick-up times or other such short-term but potentially congested times.
This is because speeds are generally lower during and because of the congestion and therefore do not
reflect the less restricted conditions the driver is under during most of the day.
Teasley Lane/FM2181, from Dallas Dr/US77 to Londonderry Lane, is a four-lane divided roadway. It
has some horizontal curvatures and is generally flat. Development in this area is commercial and
typically faces Teasley Lane/FM2181. The last recorded ordinance for this section of roadway was 96-
273, passed by the City Council in 1996.
Teasley Lane/FM2181, from Londonderry Lane to Lillian Miller Parkway, is a four-lane divided
roadway also. It has a large horizontal curve near Hobson Lane and is generally fiat. Development is
generally residential, has a large regional park (South Lakes Park, on the westerly side from
approximately Londonderry Lane to approximately Hobson Lane), an elementary school (Sam
Houston Elementary, which is protected by a 30MPH school zone) and has an open area with proposed
commercial at its intersection with Lillian Miller Pkwy. (southwest corner). The last recorded
ordinance for this section of roadway was 96-273, passed by the City Council in 1996. The proposed
speed limit change will have no effect on the school zone.
Teasley Ln. from Wind River Lane to just south of Helm Lane is a four-lane divided roadway with a
small horizontal curve and is generally flat. Development is generally office in nature with a proposed
commercial site at the southwest corner of Teasley Ln/FM2181 & Wind River Lane. The last recorded
ordinance for this section of roadway was 96-273, passed by the City Council in 1996.
Teasley Ln/FM2181 from just south of Helm Ln. to the City limits is a two-lane undivided roadway
with a number of large horizontal curves and is generally fiat. Development is generally residential
with large tracts that are undeveloped. The Denton Independent School District (DISD) intends to
build a high school on the east side, near the intersection of Leatherwood Lane. The last recorded
ordinance for this section of roadway was 96-273, passed by the City Council in 1996.
Current speed limits are:
a) 35MPH, from Dallas Dr./US77 to Londonderry Road.
b) 45MPH, from Londonderry Rd. to Lillian Miller Pkwy,
c) 50MPH, from Wind River Lane to just south of Helm Ln. and
d) 60MPH, from just south of Helm Ln. to the south/easterly City limits
TxDOT's
a)
b)
c)
original recommendations were:
35MPH, from Dallas Dr./US77 to approximately 0.1 miles south of lH35E,
50MPH, from approximately 0.1 miles south of IH35E to about midway between Robinson
Rd and Nolan Rd and
60MPH from about midway between Robinson Rd. and Nolan Rd. to the south/easterly
City limits.
After a substantial amount of interaction with TxDOT, on May 10, 2002 City staff formally requested
a rereview of this roadway. On September 18, 2002, TxDOT provided the City with information that
indicated that they reconsidered their original recommendations and that they now recommend posted
speed limits on Teasley Ln/US77 of:
Page 2
a) 35MPH, from Dallas Dr./US77 to Savannah Trail,
b) 45MPH, from Savannah Trail to Lillian Miller Pkwy (including the 30MPH school zone)
and
c) 50MPH, from Wind River Lane to the south/easterly City limits.
OPTIONS 1. Approve the ordinance
2. Approve the ordinance with conditions
3. Not approve the ordinance
RECOMMENDATION
Staff recommends and on April 7, 2003, the Traffic Safety Commission forwarded a recommendation
to the City Council that the speed limits on Teasley Lane/FM2181 be established as:
a) 35MPH, from Dallas Dr./US77 to Savannah Trail,
b) 45MPH, from Savannah Trail to Lillian Miller Pkwy and
c) 50MPH, from Wind River Lane to the south/easterly City limits.
PRIOR ACTION/REVIEW
The Traffic Safety Commission reviewed this item on April 7, 2003 and unanimously recommended
that the speed limit on Teasley Lane/FM2181 be established as:
a) 35MPH, from Dallas Dr./US77 to Savannah Trail,
b) 45MPH, from Savannah Trail to Lillian Miller Pkwy and
c) 50MPH, from Wind River Lane to the south/easterly City limits.
FISCAL INFORMATION
TxDOT will install/replace the necessary signing/posts at their expense.
ATTACHMENTS 1. Map of current and proposed speed limit conditions
2. Traffic Safety Commission minutes
3. Ordinance
Prepared By:
David Salmon, Assistant Director
Engineering
Respectfully submitted:
Charles Fiedler
Director, Engineering
Page 3
ATTACHMENT #2
Minutes
Traffic Safety Commission
April 7, 2003
PRESENT:
Pat Cheek, Murray Ricks, Connie Baker, Lelia Howell, Harry Phillips, and Co-
Chairman Silvia Lesko
NOTE: Chairman Barry Walters was present but had to leave before the meeting
started due to a family emergency.
STAFF:
David Salmon, Staff Liaison
Bernard Vokoun, Traffic Engineer
Pat Killebrew, Secretary
ITEM #2:
Co-Chairman Lesko called the meeting to order at 5:30 p.m.
REVIEW AND CONSIDER A REQUEST FROM TXDOT FOR THE
POSTED SPEED LIMIT FOR TEASLEY LANE/FM2181.
Vokoun stated the current speed limits and reported the limits proposed by
TxDOT. Staff requested a re-review of the proposed limits and TxDOT revised
their recommendations.
Stqff recommends the Commission forward a recommendation to the City Council
that for Teasley Lane/FM2181:
a) 35 MPH, _from Dallas Drive~US77 to Savannah Trail,
b) 45 MPH from Savannah Trail to Lillian Miller Parkway, and
c) 50 MPH from Wind River Lane to the south/easter& Ci(v limits.
Howell asked if the speed limit to the City limits was 50 or 60 MPH. Vokoun
said 50 MPH. Howell asked if there are any plans to put a traffic signal at
Hobson Lane and Teasley Lane. Vokoun said the underground lines for the signal
are being installed now, and the signal should be installed within the next four to
six weeks.
Cheek made a motion to accept staff's recommendation for Teasley
Lane/FM2181. Ricks seconded the motion. The motion passed unanimously.
Phillips made a motion to adjourn. Cheek seconded the motion.
The meeting adjourned at 5:37 p.m.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE
NUMBER 96-273 AND AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES BY
ADDING SECTION 18-73; ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISION OF TRANSPORTATION
CODE, SECTION 545.356 UPON TEASLEY LANE OR FM 2181 OR PARTS THEREOF,
WITHIN THE INCORPORATE LIMITS OF THE CITY OF DENTON; PROVIDING A
PENALTY NOT TO EXCEED $200.00; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever
the governing body of the City shall determine upon the basis of an engineering and traffic
investigation that any prima facie speed therein set forth is greater or less than is reasonable or
safe under the conditions found to exist at any intersection or other place or upon any part of a
street or highway within the City, taking into consideration the width and condition of the
pavement and other circumstances on such portion of said street or highway, as well as the usual
traffic thereon, said governing body may determine and declare a reasonable and safe prima facie
speed limit thereat or thereon by the passage of an ordinance, which shall be effective when
appropriate signs giving notice thereof are erected at such intersection or other place or part of
the street or highway; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. Ordinance number 96-273 is hereby repealed.
SECTION 2. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of
Denton, Texas is hereby amended by adding Section 18-73 regulating speed of vehicles on
Teasley Lane. Section 18-73 shall read as follows:
Sec. 18-73. Speed limits on certain roads and highways.
Upon the basis of an engineering and traffic investigation heretofore made as authorized by the
provisions of Transportation Code, Section 545.356, the following prima facie speed limits
hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe;
and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon
the named streets and highways, or parts thereof, described as follows:
Highway Extent Speed Limit
Teasley Lane/FM 2181 From Dallas Drive to 35 mph
Savannah Trail
Teasley Lane/FM 2181 From Savannah Trail to 45 mph
Lillian Miller Parkway
Teasley Lane/FM 2181 From Wind River Lane to the 50mph
south/easterly limits of the
City of Denton
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SECTION 3. 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 competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, the City Council of the City of Denton, Texas, hereby declares that
they would have enacted such remaining portions despite any such invalidity.
SECTION 4. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not to exceed Two Hundred Dollars ($200.00). Each day that a
provision of this ordinance is violated shall constitute a separate and distinct offense.
SECTION 5. That this ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
__ day of _, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE: April 6, 2004
DEPARTMENT:
CM/DCM/ACM:
Police
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal
Cooperation Agreement between the City of Denton and Denton County for the
impoundment and disposition of dogs and cats and the collection of fees pursuant to the
provisions of said agreemem; and providing for an effective date.
BACKGROUND: The City has maintained an agreement with Denton County for the
housing and disposal of dogs and cats for approximately twenty years. The animals
delivered by Denton County have not resulted in overcrowding at the Animal Control
facility.
The agreement states that the City of Denton will provide the following services to
DeNon County for the impoundmem and disposition of animals delivered to the City of
Denton from Denton County:
(1)
The City of Denton will hold these animals for ninety-six (96) hours if not
claimed by an owner. If the owner does not claim the animal within the
prescribed ninety-six (96) hours, the animals will be euthanised or made
available for adoption.
(2) The City of Denton will accept and hold rabid suspects in quaramine for ten
(10) days.
(3) The City of DeNon will remove and ship the heads of rabid suspects for
rabies testing by the Texas Department of Health.
For the services, Denton County agrees to pay fees set forth in the agreement as follows:
(1)
A holding fee in the amoum of fifteen dollars (15.00) for the first day or part
of a day and five dollars ($5.00) for each subsequem day per animal held for
reclamation by the owner.
(2)
A holding fee in the amoum of fifteen dollars (15.00) for the first day or part
of a day and five dollars ($5.00) for each subsequem day per animal held in
quarantine as a rabies suspect.
(3) Thirty dollars ($30.00) for each animal euthanized.
(4) Seventy ($70.00) for each decapitation and head shipment.
After consultation with City legal staff, the traditional agreement has been has been
modified. The agreement period for this and all other interlocal agreements for housing
and disposal of dogs and cats shall now coincide with the calendar year with an effective
date of January 1st and shall self-renew each year until one or both parties choose to
terminate the agreement. Termination of the agreement requires ninety days notice. We
believe that adjusting the agreement period and providing for the automatic renewal of
the agreement provides a much more efficient process than requiring staff to prepare the
same agreement and the governing bodies to approve the same agreement every year
when there are rarely changes to the agreement. Should either party determine a need to
alter the terms of the agreement, through modification of the services provided or the fees
charged for those services, those revisions could be easily accomplished through the
current process.
OPTIONS
1. The City can choose not to renew the interlocal agreement with Denton County.
2. The City can approve the ordinance and renew the interlocal agreement.
RECOMMENDATION
The Department recommends approval of the ordinance and renewal of the interlocal
agreement with Denton County.
1. The interlocal agreement provides a valuable service to service to the citizens
of Denton County.
2. The housing and disposal of dogs and cats has not, and is not projected, to
create a hardship Animal Control operation.
3. The interlocal agreement is a source of revenue for the City.
PRIOR ACTION/REVIEW: The attached interlocal agreement and ordinance has been
reviewed for legal form and content by the City of Denton Legal Department. The
agreement was approved by the Denton County Commissioners Court on March 9, 2004.
FISCAL IMPACT: The prescribed fees in the agreement are calculated to recover all
costs of all services rendered and, therefore, this agreement does not result in an increase
in expenditures. Based on prior years, it is estimated that this agreement will generate
approximately $35,000 in revenue.
Respectfully submitted,
Charles Wiley
Chief of Police
Prepared by:
Joanie Housewright
Captain
Support Services Division
S:Our Doeunlmlt s Ordhlmlce~04 Dml~m Count5, Animal Control doc
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON
COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor, or in his absence the Mayor ProTem, is hereby authorized to
execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for
the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is
attached hereto and incorporated by reference herein.
SECTION 2. That the City Council authorizes the collection of all fees as provided pursuant
to the provisions of said Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__ day of _, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT
This Agreement made and entered into by and between the City of Denton, Texas, acting
herein by and through its Mayor, duly amhorized by resolution of the City Council of said City
eereinafier called "CITY'), and the County of Denton, Text, acting herein by and tlr'ough it-s
County Judge, duly authorized by court order of the Commissioners Court of Denton County,
Texas (herea~er called "COUNTY").
WHEREAS, CiTY and CO~Y are both local governments with the authefiW and
power to contract; and
WHEREAS, CITY is engaged in the se~iees of h(~lding and disposing of dogs aad cats
for the benefit of the citizens of Denton; and
WHEREAS, CITY is: the owner of certa{n facilities and equipment desired for the
holding and disposition of dogs and cats and has in its employ trained persom~el whose duties ~e
related to the use cf such facilities and equipment; and
WHEREAS, COUNTY desires to obt~n impoundment and disposition services for dogs
and cats rendered by CITY, as more fially hereafter described., for the benefit of the residents of
the Denton County, Texas; and
Vvq-IEREAS, COUNTY and Cff?f mutually desire to be subject to the provisions of
Texas Government Cede, Chapter 791, the lnterloca! Cooperation Act and contract pursuant
thereto; and
~IEREAS, COUNTY m:d CITY have the authority to perfo~ the services set forth in
this Agreemem individually in accordance with Texas Government Code §791.011 (c); and
WHEREAS, COLrNTY will make all pa~ents for services out of available ¢~ent
revenues and CITY agrees that the pa)n'nents made by COUNTY hereunder will fairly
compensate it for the services provided;
NOW', T~REFORE, the COUNTY and the CITY, for the mu~aI consideration
hereinafter stated, agree as foIlows:
COVENANTS OF THE CITY OF DENTON:
Holdin~e o~ Dogs an.d Cats, CITY agrees to accept and hold dogs and cats lawfully
impounded by authorized representatives of ccitt, trY under the following terms and
conditions:
Holding Period for Dogs and Cats. C~ agrees to hold such dogs and cats for a
period of ~ety-six (96) hours from the time tlmy are accepted by Re ~al
Control Center in order to allow the owners of the impounded animal a re.enable
amo~t of time to reclaim the impounded ~mai. If the animal is not reclaimed
within the ninety-six (96') hour period, the ownership of the ~al shall revert to
the .Amimal Control CenteL Animals will be h~anely destroyed or placed for
adoption at the discrelion of the ~mai Control staff:
Holding Fees for Impounded Dogs_ ~ Cats. For the purpose of this Agreement,
CITY wilt charge Fi~een Dollars ($15~00) for first day or p~t of a day and Five
Dollars ($5~00) for each subsequent day holding fee that an animal is held at the
~al Control Center. In determining the meaning of the term "animal" as used
l~erein, it is agreed that a pregnant animal which has its litter while being held, or
an .animal which ~s ~ursing its litter and is being kept i~ the same cage~ will be
considered one ~imal for the assessment of ch~ges provided for in thi~
Agrement. This fee vdll be assessed against the o'~mer of the animal at the time
the animal is reclaimed. No ~mal will be released until all applicable fees are
paid in full.
Holdingpt~..Qu~antine ~ls. CITY a~ees to accept and hold mh~_d suspects
in quarantine fo:r COLFNTY when conditions p~it, and such action is authorized
by a representative of COI3Nq'Y,
Holding Fees for ~arantined Animals. The holding, fee for quarantine~ animals
shall be Fi~een Dollars ($15.00) for the first day or p~ of a day and Five Dollars
($5.00) for each subsequent day that the animal is held.
Head Shipments mtd Rabies Testing Upon request of COUNTY, CITY will
provide for the removal and shipment of heads o£ mhid suspects for clinical rabies
testing at the Texas Depment of Health~ The fee for this service shall be
Seventy Dollars ($70,00) lbr each head shipped~
COVENANTS OF DENTON COUNTY:
Fhmncial Res~on~sibflities. In order ~co reimbu~e CI~ for its zests incurred under
~his Agreement, COUNTY agrees to pay for ~e holding fees and euth~asia fees on
dogs and cats received from COUNEFY or its authorized agent if the animal(s) is not
reclaimed by the owner. These fees will be assessed on the: following;basis:
Euthanized Animal: Fifteen Dollars ($t5~00) for the first day or pa~ o£a day and
Five Dollars ($5.00) for each subsequent day holding fee for each animal as
determined herein, plus Thirty Dollars ($30.00) en~anasia .fee~
^N'I'MAL CON~TROL [lqTEKLOC,~L COOPEtL&TI(~,~ AG~ -
P^~ 2 o~ 5
Adopted ga~mal: Fifteen Dollars. ($15.00) for the tint day or pm of a day and
Five Dollars ($5.00) ['or each subsequent day holdi~ fee for each animal
determined herein.
c. Head Shipments: Seven~ Dollars ($70.00) shipping fee.
d. Carcass dJsposai: Five dollars ($5.00).
CITY will collect impound fees duly authorized by COUNTY and ~ specified in this
paragraph from the owners of dogs md cats receiYed from COUNTY. Impound fee
monies will be applied to fees owed CITY I~y COUNTY for ~mls not reclaimed by
the owner:
IIV[P OU~ND FEE
Impoundment- $20.00
~d Impoundment - $30~00
Impoundment- $.45.00
Impoundment - $70.00
3. COI_FN~ agrees payment shal~ be made within forty-five (45) days o.f receipt of
invoice by COLrNTY~
CITY agrees to and accepts full responsibil:ity for the acts, negligent, and/or omissions of
CITY's employees and agents, CITY's SUbcontractors and/or eonmaet laborers doing wo~ under
a contract or agreement wilh CITY in pertbrmance ,of this Agreement ~,,Sth COUNTY.
COUNTY agrees to and accepts full responsibility for the acts, tmghgcnc¢, and/or omissions of
all COUNTY'~ employees and agents, COI_YNTY's subcontractom ~d/or contract laborers doing
work under a contract or a~eement with COUNTY in performance of tkis Agreement with
CITY. It is further agreed thru ~f claim or liabili~ shall arise from the joint or conct~ing
negligence ofboth parties hereto, it shall be borne by them comparatively in accordance with the
laws o£the State of Texas. This paragraph shall not be eons~ed ~ a w~v~ by either party of
my defenses available to it under the laws of the State of Texas. It is understood that it is not the
intention of tlze parties hereto to create liability for the benefit of ~rd parties, but that this
Agreement Shall be t~r the benefit of the parties hereto.
The fact that COUNTY and CITY accept certain responsibilities relating to ~he collection and
impounding of dogs and cats under this Agreement as pa,~ of their responsibility for providing
protection for the public heakh and welfare and, therefore, makes it imperative that the
performance of these vital services be reco~zed as a governmental imm~ity shall be, and is
hereby invoked to ~e full extent possible ~der the law. Neither CITY nor COUNTY waives or
?^G~ 3 OF 5
shall be deemed hereby to waive any immunity or defense that w~uld otherwise be available to it
ag~nst the claims arising from the exercise of governmental functions.
The te~ of this Agreement shall be in one-year increments, begfnning on Sanuary 1, 2004 m~d
continuing to December 3 i of the following year and thereafter from year to ear until terminated
in accord~ce with this Agreement.
Either party may terminate this Agreement at any time without cause by giving 90 days advance
notice in writing to the other, specifying the date: of tenrdnation. If either party breaches a
provision of this Agreement, the other party stmli give the defanlting p~ written notice of the
default. Should the defaulting part), fail to correct the default within thh~y days of the date
notice of default is sent, the other party may declare the Agreement temtnated. COIJlqTY shall
be liable to CITY pro rata for ~e payment of emergency medical services provided up to the
date of term~nation,
This Agreement represents the entire md integrated agre~ent between CITY ~d COLIN~
~d supum~es all prior negotiations, representations, ancFor agreements, eider w~tten or oral.
Tiffs Agreement ,ua5' be amended only by written instrument signed by both CITY ~d
CO~TY.
This Agreement and any of its t~s or provi~ion$, a~ well as the right~ and duties of the parties
hereto, shall be governed by thc laws of the Sta~e of Texas.
In the event that a.ny portion of this Agreemvmt shall be found to be contrary to law~ it is the
intent of the parties hereto that the remaining portions shall remain valid and in ~11 force and
effect te the extent possible.
The undersigned officer ~dYor agents of the parties hereto are the properly authorized o£~icials
a~d have t~e nece,sary authority to execute this A~ement on. behalf of the p~e~ hereto, and
each party hereby certifies to the other that any necessary resolutions extending said authority
have been duly passed and are now in ~11 force and effect.
PAGf~ 4 OF :~
2OO
EXECI~ 1ED in duplicate originals this the day of
CITY OF DEN i'ON, TEXAS
EUI.~E BROCK, MAYOR
ATTEST:
JENNiFER WALTERS, CiTY SECRETARY
BY:
APPROVED AS TO LEGAL FORM-_
HERBERT L. PROU'rY, CITY ATTOPdqEY
BY:
DENTON COUN]%T, TEXAS
ATTEST:
DENTON COUNTY CLERK
DISTRICT ATTORNEY
COUNTY JUDGE
AGENDA INFORMATION SHEET
AGENDA DATE: April 6, 2004
DEPARTMENT:
CM/DCM/ACM:
Police
Jon Fortune, Assistant City Manager
SUBJECT
Consider adoption of an ordinance of the City of Demon, Texas amending Chapter 21,
Article I of, the Code of, Ordinances of, the City of, Demon by adding a section prohibiting
soliciting near automated teller machines which are located in public places; providing a
savings clause; providing a severability clause; providing a penalty not to exceed five
hundred dollars; and declaring an effective date.
BACKGROUND
There are a number of automated teller machines (ATM's) in the city that are located
outside of, buildings. These ATM's are designed f,or either drive-through or walk-up
service and patrons have complained about people soliciting f,or money or other services.
Such solicitation makes the patron feel vulnerable to the request and fear retaliation if'the
request is denied. Staff proposes an ordinance that prohibits such solicitation within 50
feet of, any ATM not enclosed within a building.
PRIOR ACTION/REVIEW: Council reviewed the proposed ordinance at a work
session on February 16, 2004.
FISCAL IMPACT: None
Respectfully submitted,
Charles Wiley
Chief` of, Police
Prepared by:
Joanie Housewright
Operations Bureau Commander
Operations Bureau
S:Our Docunlelt ~Ordhlmlce~04 Soliciting near AIM doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 21,
ARTICLE I OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING A
SECTION PROHIBITING SOLICITING NEAR AUTOMATED TELLER MACHINES
WHICH ARE LOCATED IN PUBLIC PLACES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
FIVE HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 21 "Offenses" of the Code of Ordinances of Denton, Texas is hereby
amended by adding Section 21-6 prohibiting near ATM's located in public places which shall read
as follows:
Sec. 21-6. Prohibited acts.
It shall be unlawful for any person to solicit another in a public place at the times,
locations and in the manner specified below:
1. Within 50 feet of any automated teller machine not enclosed within a building.
SECTION 2. That all provisions of the ordinances of the City of Denton in conflict with
the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of
the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force
and effect.
SECTION 3. That if any provision of this ordinance or application thereof to any person
or circumstance is held invalid, such invalidity shall not affect the other provisions or
applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person adjudged guilty of violating this ordinance shall be guilty of a
misdemeanor and punished by a fine not to exceed Five Hundred Dollars ($500.00).
SECTION 5. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to
be published twice in the Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the __ day of
.,2004.
EULINE BROCK, MAYOR
S:Our Documalt s Ordhmnces 04 Soliciting near AIM doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
CITY OF DENTON CITY COUNCIL MINUTES
March 2, 2004
After determining that a quorum was preseN, the City Council convened in a Work Session on
Tuesday, March 2, 2004 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill,
Montgomery, and Thomson.
ABSENT: Council Member Redmon
1. The Council received a report, held a discussion and gave staff direction regarding
proposed revisions to current ordinances that regulate solicitors and itinerant vendors.
Captain Joannie Housewright, Denton Police Department, reviewed the proposed revisions of the
solicitors and itineraN vendors permit. The revisions included changes with handbills and flyers;
solicitor's permit requirements, solicitor's permit period, itinerant merchants, and ATM machines.
Details of those revisions were included in the agenda back-up materials.
Council Member Redmon arrived at the meeting.
Council discussion included:
· Definition of itinerant merchants
· Exclude tent sales
· Not limiting the use of the property by that property owner
· Adding exemptions for such sales as bedding plans due to the seasonal nature
· Addressing the purchasing of items from itinerant buyers as opposed to itinerant sellers
· Consideration of snow cone stands
· Investigate a permit and fee for newspaper stands
· Include the placement of flyers on cars
Council allowed Mike Cochran to address the Council.
Mike Cochran stated that there were groups going door-to-door soliciting funds for recycling
which were not legitimate. He stated that the Texas Campaign for the Environment had returned
to DeNon and was soliciting funds for a frauduleN use. He cautioned the City to work on
legislation to prohibit such organizations. He provided information to the Council on such
groups.
Council discussed the concerns raised by Mr. Cochran and suggested including those in the
review of the ordinance.
2. The Council received a report, held a discussion and gave staff direction regarding
proposed changes to the current Food and Food Service Establishments Ordinance.
Kelly Carpenter, Director of Planning and Development, stated that the primary thrust of the
ordinance was to adopt the current 1998 version of the Texas Food Establishment Rules. It
would also make minor local adjustmeNs to the Rules. Section 13-24 established stricter rules
than the Texas rules for restaurants.
City of Demon City Council Minutes
March 2, 2004
Page 2
Council discussion included how to regulate ice cream vendors on the streets and allowing for a
lead-time for the effective date of the ordinance.
Consensus of the Council was to proceed with the ordinance.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for March 2, 2004.
Following the completion of the Work Session, the Council convened imo a Closed Session.
1. Council considered the following in Closed Meeting:
Deliberations regarding real property-Under Texas Governmem Code §551.072
and Consultation with the City's Attorneys- Under Texas Government Code
§551.071.
Discussed and deliberated the potemial value of and the sale or lease or
other disposition of numerous tracts of certain real property and
appurtenances, thereto, consisting of street right of way all owned by the
City of Demon, Texas, being situated throughout the City of Demon,
Texas relating to fiber optic operations both inside and outside the city
limits of the City of Demon, Texas; and the receipt of legal advice from
the City's attorneys on matters in which their professional responsibility to
the City Council regarding real estate matters requires private legal
consultation.
Regular Meeting of the City of Demon City Council on Tuesday, March 2, 2004 at 6:30 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Mayor Brock presemed proclamations for:
Demon Kiwanis Club Day
Severe Weather Awareness Week
American Red Cross Month
Denton Redbud Festival Day
City of DeNon City Council Minutes
March 2, 2004
Page 3
B. Recognition of staff accomplishments
City Manager Conduffpresemed staff accomplishmems to the Council.
3. CITIZENS REPORTS
A. The Council received citizen reports from the following:
1. Bill Brasfield regarding the City of Demon.
Mr. Brasfield stated he was asking compassion for the disabled, senior citizens and others unable
to pay their bills and who had their utilities disconnected.
Peternia Washington regarding responsible and responsive governmem,
part 2.
Ms. Washington commemed on the DeNon Housing Authority and the resignation of Ms.
Mister.
3. Ed Soph regarding environmemal policies in DeNon.
Ms. Soph commemed on environmental policies in DeNon. He felt there was a lack of
environmental structure within the city departments regarding the environment.
4. Dessie Goodson regarding truth and justice.
Ms. Goodson stated she was still having issues with the LINK system. She had lived for years
without utilities because the City had issues with her utility bill.
5. Alan Michlin regarding north Loop 288.
Mr. Michlin suggested that the City rename north Loop 288 to 'Commuter 380' and University
Drive be renamed to"Business 380'. He felt such a change might create business in the area with
different street designations.
4. CONSENT AGENDA
Burroughs motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances. On roll vote, Burroughs"ayd', Kamp"ayd', McNeill"ayd', Momgomery"ayd', Redmon"ayd',
Thomson"ayd'and Mayor Brock"ayd'. Motion carried unanimously.
Approved the minutes of January 20, January 27, February 3, and February 10,
2004.
Approved an exception to the Noise Ordinance for the purpose of a music festival
conducted by Creatures for Awareness, at the North Texas Fair Grounds, on
Saturday, March 27, 2004 from 12:00 Noon to 10:00 p.m. The exception is
specifically requested for an increase in the maximum allowable decibels for an
outdoor music festival.
City of DeNon City Council Minutes
March 2, 2004
Page 4
2004-048 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of water treatment chemicals; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3131- Water
Treatment Chemicals awarded to the lowest responsible bidder in the total
estimated amouN of $500,000).
2004-049 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of long-term rental of heavy equipment for the Solid
Waste Department; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3132-Long Term ReNal of Heavy EquipmeN awarded to
T-K-O EquipmeN Co. in the estimated amouN of $66,500).
2004-050 - An ordinance of the City of DeNon approving a change order for a
professional services agreemeN between the City of DeNon, Texas and
Innovative Transportation Solutions, Inc. dated March 5, 2002; retroactively
extending said agreemeN, and authorizing and ratifying the expenditure of funds
for work previously performed; authorizing the City Manager or his designee to
execute the change order on behalf of the City and expend funds authorized by the
change order; and providing for an effective date.
2004-051 - An ordinance of the City of DeNon, Texas approving an AgreemeN
between the City of Denton and the North Texas Umpire Association; approving
the expenditure of funds for the purchase of certified softball officiating services
available from only one source in accordance with the provisions of the state law
exempting such purchases from the requirements of competitive bids; and
providing an effective date (File 3145-AgreemeN with North Texas Umpire
Association in the amouN of $40 per game for an estimated award of $44,000).
2004-052 - An ordinance of the City Council of the City of DeNon, Texas
authorizing the City Manager to execute a Professional Services AgreemeN with
R. J. Covington Consulting, LLC for consulting services relating to Task Order
No. 04-A, regarding the Texas Nodal Team Process to Redesign the Texas
Electrical Market relating to the City's position on issues and the interests of
Denton Municipal Electric; authorizing the expenditure of funds therefor;
providing for retroactive ratification and approval thereof; and providing an
effective date.
Approved tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
i ~re~ ~mt~h Dupli~at~ Payment 2003 $ 50
2. Toni Porter Overpayment 2003 572.62
~ ~i~a~ P~nt ~00~ 30
4. Lereta Co~oration Duplicate Payment 2003 634.48
re ~a C ~ati Dupii~at ~ 2003 668!2
6. Count~ide Home Loans Duplicate Payment 2003 693.35
7 Co~oai a~Sa via g s D ~ieat e P e nt ~003 7~0.73
City of Denton City Council Minutes
March 2, 2004
Page 5
Tax
Name Reason Amount
Year
8. Colonial Savings Duplicate Payment 2003 711.72
E~re~ C ~6~at~ up li~at~Pav~nt ~8~
10. Washington Mutual Overpayment 2003 887.92
12. Lereta Co~oration Duplicate Payment 2003 941.12
re ~ a C 6~0~ at i 0~ O v ~ ~av ~ ~ nt 2003 9~85
14. National CiW Mo~gage Ove~ayment 2003 1,067.39
2004-053 - An ordinance authorizing the City Manager or his designee to execute
a Pipeline Crossing Agreemem with Union Pacific Railroad Company for a
pipeline crossing located at Mile Post 723.10, Choctaw Subdivision, City of
Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and
providing an effective date.
2004-054 - An ordinance by the City of Demon, Texas abandoning and vacating
its public utility easemems recorded in Volume 1421, Page 168, and Volume
2978, Page 915 of the Real Property Records of Demon County, Texas and being
in the Poulallier Survey, Abstract Number 1006, Denton County, Texas; and
providing an effective date.
2004-055 - An ordinance of the City Council of the City of Demon, Texas
approving the Fourth Amendment to that agreement between the City of Denton
and the Demon Affordable Housing Corporation; authorizing the City Manager to
execute the Fourth Amendment and to expend funds with respect to the Fourth
Amendmem; and providing for an effective date.
2004-056 - An ordinance of the City Council of the City of Demon, Texas
authorizing the City Manager to execute a Contract for Professional Legal
Services with Springer, Lyle & Watt, LLP for professional legal services relating
to litigation styled Ortegren, et al. v. City of Denton, Cause No. 2002-30205-211,
currently pending in the 21 lth District Court of Denton County; authorizing the
expenditure of funds therefore; and providing an effective date.
2004-057 - An ordinance approving an agreemem between the City of Demon and
Canyon Energy Partners, Ltd. for the abandonment of Street Right-of-Way and
Temporary Access Easement for all that portion of Blagg Road as it affects the
emirety of Tract I as described in deed from Dieter Schwartz to Lakeview Ranch,
L.P. as recorded under Clerlds File Number 99-R0077444, Real Property Records,
Denton County, Texas, and Lot 5R and Lot 6R, Block 9, Lakeview Ranch as
recorded in Cabinet T, Page 124 of the Plat Records of Denton County, Texas,
and being located in the Moreau Forrest Survey, Abstract Number 417, Denton
County, Texas, and providing an effective date.
City of Demon City Council Minutes
March 2, 2004
Page 6
No
2004-058 - An ordinance establishing the Joseph A. Carroll Administration
Building as a temporary branch voting location for early voting for the May 15,
2004 election; and declaring an effective date.
5. PUBLIC HEARINGS
A. 1. The Council held a public hearing and considered adoption of an
ordinance amending Sub-Chapters 3 (Procedures), 16 (Subdivisions), 17
(Environmemally Sensitive Areas), and 22 (Gas Well Drilling and Production) of the
Developmem Code associated with gas well drilling and production. (SI03-0024, Gas
Well Amendments)
2. The Council considered adoption of an ordinance amending the
Development Review Fee Schedule to add fees for Watershed Protection Permits, gas
well inspections, and tree mitigation associated with gas well developmem. (SI04-0001,
Fee Schedule Amendments)
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Oren Thomas, 1841 S. Bonnie Brae, Denton, 76207 - favor
Kent Key, 3100 Triple Crown Court, Denton, 76201 - favor
Lee Allison, 511 Pecan Creek Road, Demon, 76207 - favor
Bill Coleman, 300 N. Elm, Demon, 76201 - favor
Tom Perkins, P.O. Box 209, Wichita Falls, 76307 - favor
Darrell Lohoefer, 2525 Kell Blvd., #510, Wichita Falls, 76308 - favor
Pete Connell, 2471 Hickory Creek Road, Demon, 76210 - favor
Jay Ewing, 306 Highway 380, Bridgeport, 76426 - favor
Ray Stevens, P.O. Box 7, Bridgeport, 76426 - favor
Dean Williams, 1434 Keeneland, Aledo, 76008 - favor
Jerry Stokes, 4304 Chimney Rock, Colleyville, 76034 - favor
Bob Cates, 4226 1-35 N, Denton, 76207 - favor
Terry Graham, 1251 W. Magnolia, Fort Worth, 76104 - favor
Mark Kalpakis, 770 N. Fielder, Arlington, 76012-favor
Martin Garza, 1717 Main, Dallas, 75201-favor
Betty Farmer, 9475 Hilltop Road, Demon, 76226 - favor
Wendell Mullins, 1010 N. Elm #B, Demon, 76201 - favor
Tom and Peggy LaPoim, 1900 Highland Park Circle, Demon, 76205 - opposed
Betty John Robertson, 2275 Leatherwood, Demon, 76210 - opposed
Jacqueline Karlson, 1105 Abbots Lane, Demon, 76205 - opposed
Cindy Baxley, 1206 W. Russell, Carrollton, 75006 - opposed
Richard Smart, 2360 White Oak Drive, Little Elm, 75068 - opposed
Robert Killain, 910 Edgewood Place, Demon, 76209 - opposed
Ken Dickson, 8065 Zackery Road, Aubrey, 76227 - opposed
Richard Wilkinson, Box 274, Ponder, 76259 - opposed
Ed and Carol Soph, 1620 Victoria, Demon, 76209 - opposed
Julie Smith, 532 W. Windsor, Demon, 76207 - opposed
City of Demon City Council Minutes
March 2, 2004
Page 7
Jerry Langley, P.O. Box 1056, Sanger, 76266 - opposed
Mike Woodall, 1987 PR 6630, Sanger, 76266 - opposed
Howard Redfearn, 1904 Nevada, Demon, 76209 - opposed
Eva Cadwallader, 3920 Fawn Drive, Demon, 76208 - opposed
Cheryl Cortemeglia, 1407 Bernard Street, Apt. 242, Demon, 76201-opposed
Paul Hudak, UNT Geology Department - opposed
Jared Martin, 2301 Northway, Denton, 76207 - opposed
Dwight Wilson, P.O. Box 1379, Bedford, 76095 - opposed
Scott Matula, 1720 Knoxville Drive, Bedford, 76022 - opposed
David and Kristen Waidler, 9347 Highedge Circle, Dallas, 75238 - opposed
Susan Apple, 8000 Woodcreek Circle, Argyle, 76226 - opposed
Mike Cochran, 610 West Oak Street, Denton, 76201-opposed
Regina Southworth, 5295 Shaw Road, Demon, 76208 - opposed
Kelly Dlougy, 1432 Kittery Drive, Plano, 75093 - opposed
Mike Carothers, 3724 Solarium Place, Plano, 75075 - opposed
Kenneth Befus, 425 Fulton Street, Denton, 76262 - opposed
David Dlouhy, P.O. Box F, Vida, Oregon, 97488 - opposed
Dustan Compton, 2558 Quail Ridge Drive, Demon, 76209 - opposed
Dessie Goodson, 2103 North Elm, Demon, 76201-opposed
Bill Forbes, 2244 Bryan Street, Denton, 76201 - opposed
Robin Buckallew, 3900 Teasley #104, Demon, 76210 - opposed
The Mayor closed the public hearing and indicated that Commem Cards had been received from:
Scott Inglish, 4540 Lone Grove, Plano, 75093 - opposed
Irene Klaver, 1821 Scripture, Denton, 76201 - opposed
Bruce Berg, 1202 Oakwood, Demon, 76205 - opposed
Nancy Viens, 308 Normal, Apt. 19, Demon, 76201 - opposed
Jeffrey Levy, 1610 E. McKinney, #1813, Demon, 76209 - opposed
Monika Amonelli, 1202 Oakwood Drive, Demon, 76205 - opposed
Robert Huffaken, 3332 Helm Lane, Demon, 76210 - opposed
Sarah Whyman, 3900 Teasley Lane, Demon, 76210 - opposed
Patricia Nordstrom, 1700 Willowwood, Demon, 76205 - opposed
Steve Pierson, 2128 Burning Tree Lane, Denton, 76209 - opposed
Neil and Andrea Slater, 1921 Willowwood, Demon, 76205 - opposed
Janay Tieken, 2400 Natchez Trace, Denton, 76210 - opposed
Mike Mizell, 800 Edgewood, Demon, 76209 - opposed
Betty Tomboulian, 1502 Seminole, Demon, 76201 - opposed
Scott Hutchins, 8415 PR 6630, Sanger, 76266 - opposed
Jacqueline Phillips, 2205 Leatherwood Lane, Demon, 76210 - opposed
Rebecca Dunlap, 2300 W. Hickory, Demon, 76201 - opposed
Brian Boe, 516 W. Sycamore, Denton, 76201 - opposed
Tricia Dameron, 2302 W. Hickory, Demon, 76201 - opposed
Elise Ridenour, 2044 W. Oak, Demon, 76201 - opposed
Steven Friedson, 2044 W. Oak, Demon, 76201 - opposed
Alexandra Upton, 2561 Quail Ridge, Demon, 76209 - opposed
Larry Apple, 8000 Woodcreek, Argyle, 76226 - opposed
Matthew White, 2320 Palmer Drive, Denton, 76209 - opposed
City of DeNon City Council Minutes
March 2, 2004
Page 8
Elizabeth Mauritz, 425 IOOF #2212, Denton, 76201 - opposed
Heinrich Goetz, 2025 Crestwood, Denton, 76209 - opposed
Banu Bhanoaru, 1337 Colby Drive, Lewisville, 75067 - opposed
Suritha Veerapoueris, 2731 Spanish Moss Trail, Frisco, 75034 - opposed
Cymhia Thomas, 1201 Lakeview blvd, DeNon, 76208 - opposed
Thomas Beitinger, 1201 Lakeview, Denton, 76208 - opposed
Patrice Lyke, 1109 Egan, DeNon, 76201 - opposed
Paul Braterman, 619 E. College, Denton, 76209 - opposed
James Dixon, P.O. Box 450, Decatur, 76254 - favor
W. E. Davis, 3709 Greenbrier, Dallas, 75225 - favor
Gary Hayden, 2106 North Bell, DeNon, 76209 - favor
Rand Stinnett, P.O. Box 2187, Denton, 76202 - favor
The following were Council discussion poims:
· The proposed ordinance contained more inspections than the current regulations.
· inspections would take place in the ETJ as well as in the city limits.
· Concerns about erosion in flood plain with silt problems.
· Provisions for the reworking of a well in future years.
· Future consideration of the make-up of the well road in future years.
· Soil disturbance would be minimal.
· Any issues with trees would be addressed in the new tree ordinance.
· include a provision for a revisit of the ordinance in a year.
The following ordinance was considered:
NO. 2004-059
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 3 (PROCEDURES), SUBCHAPTER 16 (SUBDIVISIONS),
SUBCHAPTER 17 (ENVIRONMENTALLY SENSiTiVE AREAS), AND
SUBCHAPTER 22 (GAS WELL DRILLING AND PRODUCTION) OF THE DENTON
DEVELOPMENT CODE, PROVIDING FOR A PENALTY CLAUSE WITH A
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROViDiNG FOR AN EFFECTIVE DATE. (Si03-0024)
McNeill motioned, Burroughs seconded to adopt the ordinance as presented with the other noted
issues to be addressed as future amendmems. On roll vote, Burroughs"ayd', Kamp"ayd', McNeill
'hyd', Momgomery"ayd', Redmon"ayd', Thomson'~my' and Mayor Brock'~my'. Motion carried with a
5-2 vote.
The following ordinance was considered:
NO. 2004-060
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
SCHEDULE OF FEES CONTAINED IN ORDINANCE 2002-041 BY ADOPTING A
City of DeNon City Council Minutes
March 2, 2004
Page 9
NEW SCHEDULE OF FEES AS AUTHORIZED BY THE DENTON DEVELOPMENT
CODE FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR
REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES,
CERTIFICATES, VARIANCES, SPECIAL EXCEPTIONS OR DESIGNATIONS
REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING
REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR A REPEAL
OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Kamp
'hyd', McNeill"ayd', Momgomery"ayd', Redmon"ayd', Thomson'hyd' and Mayor Brock"ayd'. Motion
carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
amending the Mobility Plan Component of The Denton Plan to revise the location and change
the classification of Western Blvd. and changing the classification of Masch Branch Road
between Hwy 380 and Jim Christal Road; and providing an effective date. The Planning &
Zoning Commission recommended approval (5-0). (SI03-0019, l/Vestern Blvd Mobility Plan
tmendmenO
David Salmon, Assistant Director of Engineering, presented the details of the proposed revision.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-061
AN ORDINANCE AMENDING THE MOBILITY PLAN COMPONENT OF THE
DENTON PLAN TO REVISE THE LOCATION AND CHANGE THE
CLASSIFICATION OF WESTERN BLVD. AND CHANGING THE
CLASSIFICATION OF MASCH BRANCH ROAD BETWEEN HWY 380 AND JIM
CHRISTAL ROAD; AND PROVIDING AN EFFECTIVE DATE
Montgomery motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs
'hyd', Kamp"ayd', McNeill'hyd', Momgomery"ayd', Redmon"ayd', Thomson"ayd' and Mayor Brock"ayd'.
Motion carried unanimously.
C. The Council held the second of two public hearings to consider the volumary
annexation and service plan for approximately 35.43 acres of land generally located north of
Pockrus Page Road, west of Swisher Road, and south of Edwards Road in the southeastern
section of the City of DeNon Extraterritorial Jurisdiction (ETJ). (t03-0002, Village of Carmel
tnnexation)
City of DeNon City Council Minutes
March 2, 2004
Page 10
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was required on this item at this time.
D. The Council held the second of two public hearings to consider the volumary
annexation and service plan for approximately 19.51 acres of land generally located north of
Pockrus Page Road, east of Mayhill Road, and south of Edwards Road in the southeastern
section of the City of DeNon Extraterritorial Jurisdiction (ETJ). (t03-0003, Flowers Baking
Company tnnexation)
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing
No action was required on this item at this time.
E. The Council held a public hearing and considered adoption of an ordinance
regarding the Alternative Development Plan for approximately 32 acres located in a
Neighborhood Residemial Mixed Use (NRMU) zoning district. The property was located
approximately 350 feet east of Nottingham Drive, between University Drive and Mingo Road.
The Planning and Zoning Commission recommended approval (6-0). (tDP03-0009, Denton
Bible Church)
Kelly Carpenter, Director of Planning and Development, reviewed the details of the proposal.
The alternative developmem plan called for parking to be allowed between the building and
Highway 380.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-062
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 32 ACRES OF
LAND GENERALLY LOCATED APPROXIMATELY 350 FEET EAST OF
NOTTINGHAM DRIVE, BETWEEN UNIVERSITY DRIVE AND MINGO ROAD,
City of DeNon City Council Minutes
March 2, 2004
Page 11
WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF
ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP03-
0009)
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Kamp
'hyd', McNeill "ayd', Momgomery "ayd', Redmon "ayd', Thomson 'hyd' and Mayor Brock"ayd'. Motion
carried unanimously.
F. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 2.99 acres from Neighborhood Residemial 3 (NR-3) zoning district to
Neighborhood Residemial Mixed Use (NRMU) zoning district. The property was located
approximately 250 feet south of Bent Oaks Drive, approximately 85 feet west of Teasley Lane.
The Planning and Zoning Commission recommended approval (5-1). (Z03-0038, Ocean to
Ocean)
Kelly Carpemer, Director of Planning and Developmem, presemed the details of the proposal
that would allow for the building of professional offices.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Veva Vonler, 3332 Helm Lane, DeNon, 76210 - opposed
Vicki Oppenheim, representing the petitioner - favor
Robert Huffaker, 3332 Helm Lane, DeNon, 76210 - opposed
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-063
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL-3 (NR-3) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR APPROXIMATELY 2.99 ACRES OF LAND LOCATED
APPROXIMATELY 250 FEET SOUTH OF BENT OAKS DRIVE,
APPROXIMATELY 85 FEET WEST OF TEASLEY LANE IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0038)
City of Demon City Council Minutes
March 2, 2004
Page 12
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Kamp
'hyd', McNeill"ayd', Momgomery"ayd', Redmon"ayd', Thomson'hyd' and Mayor Brock"ayd'. Motion
carried unanimously.
G. The Council held a public hearing and considered adoption of an ordinance
regarding the amendment of the Detailed Plan for Planned Development 12 (PD-12). The
approximately 15 acres of land was located approximately 1,500 feet east of State School Road,
on the south side of Interstate 35. An automobile dealership was proposed. The Planning and
Zoning Commission recommended approval (5-0). (Z03-0039, dim McNatt Honda)
Kelly Carpenter, Director of Planning and Development, presented the details of the amendment
that would change the layout of the dealership.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
2004-064
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NOS. 87-084 AND 2001-149 TO PROVIDE FOR AN AMENDMENT OF THE
DETAILED PLAN/PROJECT PLAN FOR 15.02 ACRES LOCATED
APPROXIMATELY 1,500 FEET EAST OF STATE SCHOOL ROAD, ON THE
SOUTH SIDE OF INTERSTATE 35 IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z03-0039)
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Kamp
'hyd', McNeill"ayd', Momgomery"ayd', Redmon"ayd', Thomson'hyd' and Mayor Brock"ayd'. Motion
carried unanimously.
H. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas designating a certain area within the city limits of Denton as Reinvestment
Zone No. VII for Commercial/Industrial Tax Abatement; establishing the boundaries of such
Zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax
Code; ordaining other matters relating thereto; providing a severability clause; providing for
repeal; and providing an effective date.
Linda Ratliff, Director of Economic Development, presented the details of the reinvestment
zone. The Fastenal Company had requested a tax abatement to construct a facility and build
improvements in the Reinvestment Zone VI.
The Mayor opened the public hearing.
City of DeNon City Council Minutes
March 2, 2004
Page 13
No one spoke during the public hearing.
The Mayor closed public hearing.
The following ordinance was considered:
NO. 2004-065
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A
CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT
ZONE NO. VII FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT;
ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAK1NG FINDINGS
REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS
TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN
EFFECTIVE DATE.
Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs'hyd', Kamp
'hyd', McNeill"ayd', Momgomery"ayd', Redmon"ayd', Thomson'hyd' and Mayor Brock"ayd'. Motion
carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance authorizing the Mayor to
execute a Tax Abatement Agreement with Fastenal Company; setting forth all the required terms
of the Tax Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax
Code; setting forth the various conditions precedent to Fastenal Company receiving the Tax
Abatemem; providing for a severability clause; and providing an effective date. (Economic
Developmem Partnership Board recommends approval 7-0).
The following ordinance was considered:
NO. 2004-066
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX
ABATEMENT AGREEMENT WITH FASTENAL COMPANY; SETTING FORTH
ALL THE REQUIRED TERMS OF THE TAX ABATEMENT AGREEMENT IN
ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF THE TEXAS TAX
CODE; SETTING FORTH THE VARIOUS CONDITIONS PRECEDENT TO
FASTENAL COMPANY RECEIVING THE TAX ABATEMENT; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs"ayd', Kamp
'hyd', McNeill "ayd', Momgomery "ayd', Redmon "ayd', Thomson 'hyd' and Mayor Brock"ayd'. Motion
carried unanimously.
City of DeNon City Council Minutes
March 2, 2004
Page 14
Bo
The Council considered adoption of an ordinance amending the fiscal year 2003-
04 Budget and Annual Program of Services of the City of DeNon, Texas for 3%
cost of living adjustmem; declaring an emergency; providing for publication; and
providing for an effective date.
The following ordinance was considered:
NO. 2004-067
AN ORDINANCE AMENDING THE FISCAL YEAR 2003-04 BUDGET AND
ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON, TEXAS FOR 3%
COST OF LIVING ADJUSTMENT; DECLARING AN EMERGENCY; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "ayd',
Kamp "ayd', McNeill "ayd; Momgomery "ayd', Redmon "ayd', Thomson "ayd' and Mayor Brock "ayd'.
Motion carried unanimously.
C. New Business
The following items of New Business were suggested by Council for future agendas:
1. Council Member Momgomery requested that the City Manager focus maximum
energy on opening Spencer based on the fact the Loop 288 would be delayed.
2. Council Member Redmon recommended the formation of an ad hoc citizen
environmemal committee for review of the gas well ordinance in 6 momhs.
Do
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
City Manager Conduff did not have any items for Council.
mo
There was no cominuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
With no further business, the meeting wad adjourned at 12:35 a.m.
EULINEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
March 23, 2004
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, March 23, 2004 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Kamp, McNeill,
Montgomery, Redmon and Thomson.
ABSENT: None
1. The Council received a report, held a discussion and gave staff direction regarding infill
policies and implementation tools.
Kelly Carpenter, Director of Planning and Development, presented the staff report. Staff had
been asked to assess the extent to which the current policies effectively furthered the strategic
goals in the Comprehensive plan and to make appropriate recommendations to enhance the
ability to develop infill projects in the City. Infill development was the development or
redevelopment of land that was bypassed, vacant and/or underused. She reviewed the infill
development policies contained in the Denton Plan. Carpenter noted the location of possible
infill sites and the statistics involved with properties denied infill zoning, properties rezoned and
developed for infill prior to the adoption of the Development Code, properties rezoned for infill
by land use, properties rezoned and developed for infill since adoption of the Development Code
and what other cities were doing to encourage infill development. Staff recommendations
included gaining community acceptance, establishing an infill policy and program, establishing a
boundary for targeting infill development, amending zoning and development regulations,
encouraging the use of overlay zoning, the development of a comprehensive inventory of infill
and redevelopment properties, establishing aggressive programs to acquire property for land
banking, land assembly and/or land transfer, aggressively marketing infill and redevelopment
sites, participating in infrastructure cost sharing, establishing a financial incentives program
specifically for infill development, and developing and implementing neighborhood/small area
plans for areas within infill development boundaries.
Council discussion included:
Redevelopment of existing properties should also be considered infill with
different criteria from vacant property
Encourage mixed use infill developments
Maintain flexibility both in requirements and staff responses to infill development
Consider different standards for microparcels in order to enhance infill
development
Explore a program to acquire property for land banking, assembly or transfer
Consider the use of public art on smaller parcels by nonprofit entities
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for March 23, 2004.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider specific items listed below under the Closed Meeting section of this agenda.
City of Demon City Council Minutes
March 23, 2004
Page 2
1. The Council considered the following in Closed Meeting:
Deliberations regarding economic development negotiations - Under TEXAS
GOVERNMENT CODE Section 551.087.
Deliberated and discussed commercial or financial information received
from a business prospect and offers of financial or other incentives to the
business prospect, Windjammer, Ltd., for the purposes of economic
development negotiations relating to the development of a mixed use
development commonly known as Unicorn Lake on approximately 134
acres of land generally located on the west side of 1-35E north of State
School Road in the M.E.P. & P.R.R Co. Survey, Abstract No. 950 in the
City of Denton, Denton County, Texas.
Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section
551.071.
Discussed and considered legal issues concerning Charter
Communications, dba Marcus Cable Associates, L.L.C. ("Charter") as
follows:
Settlement of the Notice to Charter of Customer Service Violations
and assessment of Liquidated Damages; and
Whether to participate in the Charter Cable Consortium
administrative process on the above notice of violation and
liquidated damages.
Regular Meeting of the City Council on Tuesday, March 23, 2004 at 6:30 p.m. in the Council
Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A. There were no proclamations/awards for this meeting.
B. Recognition of staff accomplishments
City Manager Conduffpresemed staff accomplishmems to Council.
3. CITIZENS REPORTS
A. The Council received citizen reports from the following:
City of DeNon City Council Minutes
March 23, 2004
Page 3
Peternia Washington regarding responsible and responsive governmem,
part 3.
Ms. Washington again stated her concerns regarding the resignation of Ms. Mister from the
DeNon Housing Authority and the manner in which the Authority operated.
2. Donnie Autry regarding safety issues on Teasley Lane.
Mr. Autry was not present at the meeting.
3. Pouran Merrikhi regarding DeNon Municipal Utilities.
Ms. Merrikhi stated that she had a problem with her utility bill as it had increased greatly since
she had returned to DeNon. She had an energy efficiency check and no problems were found.
She had been unable to pay her bill on time and was being charged a penalty charge plus imerest
even with a payment agreement. She felt that it was unfair to keep charging the penalty when
she had a paymem agreement with the City.
4. John High regarding cycle billing of the Utility Departmem.
Mr. High expressed a concern regarding the due dates for utility bills as there were no exceptions
for changing the due dates. He was paid only once a momh and his due date for his utility bill
came before he was paid. He was being charged a late fee each bill and asked to have some
exceptions to the billing dates.
4. CONSENT AGENDA
Kamp motioned, Burroughs seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye",
Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried
unanimously.
mo
Approved a request for an exception to the Noise Ordinance for the purpose of
playing music and operating a public address system at Denia Park during
University of North Texas Athletic Department softball tournaments to be held on
March 28, April 18 and April 25. The exception was specifically requested for
amplified sound on Sundays.
Bo
2004-068 - An ordinance awarding a comract for the purchase of audiovisual
equipment for the City of Denton Fire Department as awarded by the State of
Texas Building and Procurement Commission through the Catalog Information
Service Vendor (CISV) Catalog Program; providing for the expenditure of funds
therefor; and providing an effective date (File 3136 - Purchase of Audiovisual
Equipmem awarded to SchoolHouse Audio-Visual in the amoum of $44,278.30).
Co
2004-069 - An ordinance of the City of DeNon, Texas authorizing the
expenditure of funds for paymems by the City of DeNon for electrical energy
transmission fees to those cities and utilities providing energy transmission
City of DeNon City Council Minutes
March 23, 2004
Page 4
services to the City of DeNon; and providing an effective date (File 3150 -
Electrical Energy Transmission Fees in the total amoum of $1,527,831).
Do
2004-070 - An ordinance authorizing the City Manager to accept an Imerlocal
Agreement with the City of Oak Point, Texas to authorize participation in various
City of DeNon contracts for the purchase of various goods and services;
authorizing the expenditure of funds therefor; and declaring an effective date (File
3147 - Imerlocal Agreemem with the City of Oak Poim, Texas).
mo
2004-071 - An ordinance accepting competitive bids and awarding a public works
comract for an annual price agreemem for chip sealing of city streets; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3143 -
Annual Price Agreemem for Chip Sealing awarded to Joe Sullivan, Inc. in the
annual estimated amoum of $310,000).
Fo
2004-072 - An ordinance accepting competitive bids and awarding a comract for
the purchase of fleet vehicles; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3135 - Fleet Vehicles 2004 awarded to the
lowest responsible bidder for each item as shown in Exhibit A in the amount of
$482,963.35).
Go
2004-073 - An ordinance accepting competitive bids and awarding a comract for
the purchase of fleet heavy equipment; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3138 - Fleet Heavy Equipmem
2004 awarded to the lowest responsible bidder for each item in the amoum of
$224,425.48).
Ho
2004-074 - An ordinance of the City of DeNon, Texas amending Article IV
entitled "Stopping, Standing, and Parking" of the Motor Vehicles and Traffic
Chapter of the Code of Ordinances of the City of DeNon, Texas by amending
Section 18-104(a) relating to storage and impoundmem fees for impounded
vehicles; amending Article IV entitled "Police-Initiated Towing Services" of the
Police Chapter of the Code of Ordinances of the City of DeNon, Texas by
amending Section 23-87 to establish a standard tow fee; providing a severability
clause; providing a savings clause; and declaring an effective date.
2004-075 An ordinance concerning an Alternative Developmem Plan for
approximately 0.20-acre site curremly zoned Dowmown Residemial 2 (DR-2).
The site, commonly known as 924 West Prairie Street, is generally located north
of Prairie Street between Bernard and Welch streets. A six-unit apartmem
complex was proposed. The Planning and Zoning Commission recommended
approval (7-0). (:tDP04-O001, Prairie Oaks II)
Jo
2004-076 - An ordinance of the City of Denton, Texas, authorizing the Mayor to
execute an Interlocal Cooperation Agreement between the City of Denton, Texas
and Denton County, Texas for road improvements for FM 2181; authorizing the
expenditure of funds therefore; and providing an effective date.
City of DeNon City Council Minutes
March 23, 2004
Page 5
Ko
2004-077 - An ordinance by the City of DeNon, Texas abandoning and vacating a
1,960.20 square foot portion of street right-of-way for Fain Avenue as it affects
Lot 1, Block 1 of the D.H. Fry Addition as recorded in Volume 75, Page 74 of the
Plat Records of Denton County, Texas; and providing an effective date.
Lo
2004-078 - An ordinance of the City of DeNon, Texas approving the amendmem
of an agreement between the City of Denton and McDonald Transit Associates,
inc. for the operation of bus services dated April 16, 2002, as amended, to allow
the City to provide insurance coverage through the Texas Municipal League
imergovemmemal Risk Pool ("TML Risk Pool"); approving an imerlocal
agreement between the City and the TML Risk Pool to provide such insurance;
and authorizing the City Manager or his designee to execute the amendment on
behalf of the City and the Mayor to execute the imerlocal agreemem on behalf of
the City; authorizing the expenditure of funds; and providing for an effective date.
Mo
2004-079 An ordinance approving a Commercial Operator Airport Lease
Agreemem between the City of DeNon and Group CBS, inc.; and providing an
effective date.
No
2004-080 - An ordinance amending Chapter 13 Food and Food Service
Establishmems of the City of DeNon Code of Ordinances by making conforming
changes in accordance with the Texas Food Establishment Rules promulgated by
the Texas Departmem of Health; providing a severability clause; providing a
savings clause; providing for a penalty not to exceed $2,000 for violations of this
ordinance; and providing for an effective date.
Oo
2004-081 - An ordinance of the City of DeNon, Texas amending Section 22-32 of
the Code of Ordinances of the City of DeNon relating to the possession and
consumption of alcohol in the Civic Cemer Park and buildings; providing for a
penalty of a fine not to exceed five hundred dollars for each offense in violation
of the ordinance; providing a severability clause and an effective date.
Po
R2004-011 - A resolution allowing Demon Festival Foundation to be the sole
participam allowed to sell alcoholic beverages at the Demon Arts & Jazz Festival
April 23-25, 2004, upon certain conditions; authorizing the City Manager or his
designee to execute an agreemem in conformity with this resolution; and
providing for an effective date.
Qo
2004-082 - An ordinance of the City of DeNon, Texas authorizing the City
Manager to submit for a grant with the US Department of Housing and Urban
Development for a Continuum of Care Homeless Assistance Grant; as authorized
and required by the McKinney-Vento Homeless Assistance Act of 1987 as
amended and authorizing the City Manager to take necessary action to obtain the
grant; and providing for an effective date.
Ro
2004-083 - An ordinance of the City of DeNon, Texas authorizing the City
Manager to submit an application under the National School Lunch Act to obtain
funding for the 2004 Summer Food Service Program; if such funding is grained,
the City Manager is authorized to execute the Summer Food Service Program
City of Demon City Council Minutes
March 23, 2004
Page 6
agreement with the Texas Department of Human Services and execute a contract
with Denton Independent School District and all additional documents and
agreements, as required; authorizing the expenditure of funds to administer the
program; and providing an effective date.
S. Approved the minutes of February 13, February 17, and February 24, 2004.
First reading to voluntarily annex 35.43 acres of land generally located north of
Pockrus Page Road, west of Swisher Road, and south of Edwards Road in the
southeastern section of the City of Demon Extraterritorial Jurisdiction (ET J). The
Planning and Zoning Commission recommended approval (6-0). (.403-0002,
Village of Carmel ,4nnexation)
First reading to voluntarily annex 19.51 acres of land generally located north of
Pockrus Page Road, east of Mayhill Road, and south of Edwards Road in the
southeastern section of the City of Demon Extraterritorial Jurisdiction (ET J). The
Planning and Zoning Commission recommended approval (6-0). (.403-0003,
Flowers Baking Company ,4nnexation)
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
amending a Concept Plan for Planned Developmem 115 (PD-115) for approximately 9.1 acres.
The property was generally located at the southwest comer of US Highway 77 and Bonnie Brae.
A church was proposed. The Planning and Zoning Commission recommended approval (7-0).
(Z03-0031, North Lakes Baptist Church)
Kelly Carpemer, Director of Planning and Development, presented the details of the proposal.
New Hope Mission Baptist Church had applied for an amendment to the concept plan in order to
develop a church and related facilities. The original concept plan did not include churches
within the permitted uses.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-084
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
86-101 TO ALLOW CHURCHES AND RELATED FACILITIES AS PERMITTED
USES FOR AN APPROXIMATE 9.07 ACRES PORTION OF PLANNED
DEVELOPMENT 115 (PD-115) ZONING DISTRICT AND LAND USE
CLASSIFICATION; SAID PROPERTY IS GENERALLY LOCATED ON THE
SOUTH SIDE OF US HIGHWAY 77 NEAR BONNIE BRAE AND IN THE NATHAN
WADE SURVEY, ABSTRACT NO. 1407 IN THE CITY OF DENTON, DENTON
City of Demon City Council Minutes
March 23, 2004
Page 7
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z03-0031)
McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 21.5 acres from a Regional Cemer Residemial 1 (RCR-1) zoning district
to a Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The property was
generally located between Colorado Boulevard and Rails to Trails Reservation approximately
825 feet east of Brinker Road. Medical offices were proposed. The Planning and Zoning
Commission recommended approval (7-0). (Z03-0036, Denton Regional Med. Center Phase 3)
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal.
She indicated that both staff and the Planning and Zoning Commission had recommended
approval. The rezoning was to accommodate 10,000 square foot office buildings that were not
allowed in the lower zoning category.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
John Wier, Wier and Associates. representing the petitioner- favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-085
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A REGIONAL CENTER RESIDENTIAL 1 (RCR-1)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A
REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
21.5 ACRES OF LAND GENERALLY LOCATED BETWEEN COLORADO
BOULEVARD AND RAILS TO TRAILS RESERVATION APPROXIMATELY 825
FEET EAST OF BRINKER ROAD AND LEGALLY DESCRIBED AS TRACT 9 OF
THE D. HOUGH SURVEY, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0036)
Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
City of DeNon City Council Minutes
March 23, 2004
Page 8
C. The Council held a public hearing and considered adoption of an ordinance
approving a Specific Use Permit for a gas well site. The approximately 3 acre property was in a
Neighborhood Residemial 3 (NR-3) zoning district and was generally located approximately 900
feet west of Teasley Lane, on the west side of Helm Lane. The Planning and Zoning
Commission recommended approval with conditions (6-0). (Z03-003 7, Kozura - Mohan)
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal.
The specific use permit was required due to the proposed location of the well in a neighborhood.
All of the conditions needed to approve a specific use permit had been met.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Bill Coleman, Coleman and Associates - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-086
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 3
ACRES OF LAND GENERALLY LOCATED ADJACENT TO THE WEST SIDE OF
HELM LANE APPROXIMATELY 900 FEET WEST OF TEASLEY LANE, WITHIN
A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (Z03-0037)
Burroughs motioned, McNeill seconded to adopt the ordinance with the conditions
recommended by the Planning and Zoning Commission. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 4 acres from a Regional Cemer Commercial Neighborhood (RCC-N)
zoning district to Regional Cemer Commercial Dowmown (RCC-D) zoning district. The
property was located approximately 900 feet south of Pockrus Page Road, on the northeast side
of Imerstate-35 East. The Planning and Zoning Commission recommended approval (7-0).
(Z04-O001, Explore USA)
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal.
Mobile home sales were proposed for the property. The RCC-N zoning category did not allow
for mobile home sales thus the request for the RCC-D zoning district.
The Mayor opened the public hearing.
City of DeNon City Council Minutes
March 23, 2004
Page 9
The following individual spoke during the public hearing:
Scott Chaney, ExploreUSA - favor
The Mayor closed the public hearing.
Council discussion of the proposal included:
· While there were no special corridor standards, there were many similar businesses
already along I35.
· The request was not a determination of what would go on the property - it was for the
zoning use.
· Surrounding zoning was the same as the requested zoning.
· The Planning and Zoning Commission had unanimously approved the request.
The following ordinance was considered:
NO. 2004-087
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM REGIONAL CENTER COMMERCIAL
NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 4 ACRES OF LAND LOCATED APPROXIMATELY 900 FEET
EAST OF POCKRUS PAGE ROAD, ON THE NORTH SIDE OF INTERSTATE-35
EAST IN GIDEON WALKER SURVEY, ABSTRACT NO. 1330 OF THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0001)
McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "nay". Motion carried with a 6-1 vote.
E. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 7.9 acres from Regional Cemer Residemial 1 (RCR-1) zoning district to
Regional Cemer Commercial Dowmown (RCC-D) zoning district. The property was located
approximately 450 feet northwest of Shady Shores Road, on the northeast side of Interstate-35
East. Applicam proposed a medical cemer and retail uses. The Planning and Zoning
Commission recommended approval (7-0). (Z04-0003, Fletcher Medical Offices)
Larry Reichhart, Assistant Director of Planning and Development, presented the details of the
proposal. Medical office and retail uses were proposed. No opposition had been received
regarding the proposal.
City of DeNon City Council Minutes
March 23, 2004
Page 10
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Greg Mitchell, Mitchell Planning Group, representing the petitioner - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-088
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM REGIONAL CENTER RESiDENTiAL 1 (RCR-1)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL
CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 7.9 ACRES
OF LAND LOCATED APPROXIMATELY 450 FEET NORTHWEST OF SHADY
SHORES ROAD, ON THE NORTHEAST SIDE OF INTERSTATE-35 EAST IN
GIDEON WALKER SURVEY, ABSTRACT NO. 1330 IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABiLiTY
CLAUSE AND AN EFFECTIVE DATE. (Z04-0003)
Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
F. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 7.9 acres from a Dowmown Residemial 2 (DR-2) zoning district to a
Dowmown Commercial General (DC-G) zoning district. The site was generally located adjacem
to the north side of i-35E, approximately 230 feet west of Centre Place Boulevard. A movie
theatre was proposed. The Planning and Zoning Commission recommended approval (7-0).
(Z03-0040, Premier Cinemas)
Larry Reichhart, Assistam Director of Planning and Developmem, presemed the details of the
proposal. He stated that a movie theater was proposed. No opposition had been received
regarding the proposed use.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Alan Bucell, representing the petitioner - favor
The Mayor closed the public hearing.
The following ordinance was considered:
City of Demon City Council Minutes
March 23, 2004
Page 11
NO. 2004-089
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM DOWNTOWN RESIDENTIAL 2 (DR-2) TO DOWNTOWN COMMERCIAL
GENERAL (DC-G) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS
FOR APPROXIMATELY 7.9 ACRES OF LAND GENERALLY LOCATED ALONG THE
WEST SIDE OF CENTRE PLACE BOULEVARD NORTH OF INTERSTATE 35 EAST AND
LEGALLY DESCRIBED AS TRACT 311 OF THE A. HILL SURVEY AND LOTS 10 AND 11
OF THE INMAN ADDITION, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZO3-0040)
Montgomery motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
G. The Council held a public hearing and considered adoption of an ordinance
concerning a Specific Use Permit (SUP) for a proposed 2,900-seat movie theater on
approximately 10.2-acre site. The site was generally located adjacent to the north side of i-35E,
approximately 230 feet west of Centre Place Boulevard. The property was currently zoned
Dowmown Residential 2 (DR-2). A zoning change for a Dowmown Commercial General (DC-
G) designation had been requested in association with this SUP. A movie theatre was proposed.
The Planning and Zoning Commission recommended approval (7-0). (Z03-0041, Premier
Cinemas)
Larry Reichhart, Assistant Director for Planning and Development, presented the details of the
proposal. This was the specific use permit for the theater.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2004-090
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR MOVIE THEATER ON APPROXIMATELY 10.2 ACRES OF
LAND GENERALLY LOCATED ON THE NORTH SIDE OF INTERSTATE 35 EAST
APPROXIMATELY 230 FEET WEST OF CENTRE PLACE BOULEVARD, AND
LEGALLY DESCRIBED AS TRACTS 311, 334, 335 AND 336 OF THE A. HILL
SURVEY AND LOTS 10 AND 11 OF THE INMAN ADDITION, WITHIN A
DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROViDiNG FOR AN EFFECTIVE DATE. (Z03-0041)
City of DeNon City Council Minutes
March 23, 2004
Page 12
Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance concerning an Alternative
Development Plan for approximately 10.2-acre site currently zoned Downtown Residential 2
(DR-2). A zoning change for a Dowmown Commercial General (DC-G) designation had been
requested in association with this application. The site was generally located adjacent to the
north side of I-35E, approximately 230 feet west of Centre Place Boulevard. A 2,900-seat movie
theatre was proposed. The Planning and Zoning Commission recommended approval (7-0).
(ADP03-O010, Premier Cinemas)
Larry Reichhart, Assistant Director of Planning and Development, stated that the applicant was
proposing to vary from the site design standards concerning parking lot design and buffer
requirements. The applicant divided the parking lot into separate areas, but each area was still
greater than 100 spaces as required by the Developmem Code. The proposal also included the
construction of an open architectural metal fence with gates for fire lanes and pedestrian gates as
opposed to the eight-foot masonry wall that was required with the Development Code.
The following ordinance was considered:
NO. 2004-091
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN FOR THE DENTON STATION THEATER
COMPLEX, BEING AN APPROXIMATE 10.25 ACRE SITE LOCATED ALONG
THE NORTH SIDE OF INTERSTATE 35 EAST APPROXIMATELY 230 FEET WEST
OF CENTRE PLACE BOULEVARD, AND LEGALLY DESCRIBED AS TRACTS
311,334, 335 AND 336 OF THE A. HILL SURVEY AND LOTS 10 AND 11 OF THE
INMAN ADDITION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(ADP03-0010)
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance concerning an Alternative
Development Plan for tree canopy coverage for a warehouse on approximately 9.2 acres located
in an Employmem Cemer Industrial (EC-I) zoning district. The property, commonly known as
600 Loop 288, was generally located east of Loop 288, south of Cypress Blvd. and west of Blake
Rd. The Planning and Zoning Commission recommended approval (5-2). (ADP04-O002,
Russell Newman)
City of Demon City Council Minutes
March 23, 2004
Page 13
Larry Reichhart, Assistant Director for Planning and Development, presented the details of the
proposal. The applicant was proposing an alternative landscape plan with live oaks on the street
fromage and in the back loading dock area. The Developmem Code required a 30% tree canopy
coverage for developments in an Employment Center Industrial zoning district with the applicant
proposing a 16.8% tree canopy coverage. A landscape plan had been submitted for the proposal.
Frank Martino, 4922 Christy Lane, Aubrey, 76227, spoke in favor of the proposal.
Council discussion included:
· Tree plantings over sewer lines were inappropriate.
· The current requirements were too stringent for an industrial area with trees too close to
allow for full developmem.
· The difference between the requirements for an employment center and an industrial
center.
The following ordinance was considered:
NO. 2004-092
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN
ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 6.3 ACRES OF
LAND DESCRIBED AS LOT 1, BLOCK B OF THE RUSSELL-NEWMAN
ADDITION WHICH IS GENERALLY LOCATED EAST OF LOOP 288, SOUTH OF
CYPRESS BOULEVARD AND WEST OF BLAKE ROAD, COMMONLY KNOWN
AS 600 LOOP 288, WITHIN AN EMPLOYMENT CENTER INDUSTRIAL (EC-I)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE
PURPOSE OF REDUCING TREE CANOPY COVERAGE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP04-0002)
McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp
"aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock
"aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance establishing an economic
developmem program under Chapter 380 of the Local Govemmem Code for making grams of
public money to promote economic developmem and to stimulate business activity in the City of
Denton; approving an economic development program grant agreement with Windjammer, Ltd.
regarding the developmem of approximately 134 acres of land commonly known as Unicorn
Lake which is generally located on the west side of 1-35E north of State School Road in the
M.E.P. & P.R.R. CO. Survey, Abstract No. 950, in the City of Denton, Denton County Texas;
authorizing the expenditure of funds therefore; and providing an effective date.
City of Demon City Council Minutes
March 23, 2004
Page 14
Linda Ratliff, Director of Economic Development, presented the details of the proposal.
Windjammer had made a request to establish an economic developmem program under Chapter
380 of the Texas Local Government Code to stimulate the development of commercial property
within the City of Demon.
Misty Ventura, Hughes and Luce, spoke in favor of the proposal.
The following ordinance was considered:
NO. 2004-093
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM
UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING
GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND
TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING
AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH
WINDJAMMER, LTD. REGARDING THE DEVELOPMENT OF APPROXIMATELY
134 ACRES OF LAND COMMONLY KNOWN AS UNICORN LAKE WHICH IS
GENERALLY LOCATED ON THE WEST SIDE OF i-35E NORTH OF STATE
SCHOOL ROAD IN THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 950, IN
THE CITY OF DENTON, DENTON COUNTY TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
D. The Council consider adoption of two ordinances authorizing the City Manager or
his designee to execute professional services and high technology procurement agreements with
Biodiesel industries, inc. for the sale, lease operation and license of biodiesel production
facilities and with DTE Biomass Energy, inc. for the design and developmem of a landfill gas
collection system and digester gas; authorizing the expenditure of funds therefor and providing
an effective date (RFP 3111).
Charles Fiedler, Director of Engineering, reviewed the details of the proposal with the Council.
Council had received an extensive briefing at an earlier work session. These ordinances would
provide for a landfill gas collection and treatment system. The contracts with DTW Biomass
Energy, inc. and Biodiesel industries, inc. would construct and operate landfill gas and biodiesel
facilities located on the city's landfill property.
Jake Steward, 1802 Shawnee, 76209, spoke in favor of the proposal.
The following ordinances were considered:
City of DeNon City Council Minutes
March 23, 2004
Page 15
NO. 2004-094
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN EQUIPMENT SALE, LEASE, AND LICENSE AGREEMENT
BETWEEN THE CITY OF DENTON AND BIODIESEL INDUSTRIES, INC.; SAID
AGREEMENT BEING FOR PROFESSIONAL SERVICES AND HIGH
TECHNOLOGY PROCUREMENT FOR THE DESIGN, DEVELOPMENT, AND
OPERATION OF A BIODIESEL PRODUCTION FACILITY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE
DATE. (RFP3111)
NO. 2004-095
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A LANDFILL GAS RIGHTS AND COLLECTION FACILITY LEASE
AND LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND DTE
BIOMASS ENERGY, INC.; SAID AGREEMENT BEING FOR PROFESSIONAL
SERVICES AND HIGH TECHNOLOGY PROCUREMENT FOR THE DESIGN,
DEVELOPMENT, AND OPERATION OF A LANDFILL GAS COLLECTION
FACILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND
PROVIDING AN EFFECTIVE DATE. (RFP3111)
Burroughs motioned, Montgomery seconded to adopt the ordinances. On roll vote, Burroughs
"aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and
Mayor Brock "aye". Motion carried unanimously.
E. The Council considered approval of a resolution of the City of DeNon, Texas
urging the Texas Legislature to adopt School Finance Reforms that would not adversely affect
city revenues and economic developmem efforts; and providing an effective date.
Mayor Pro Tem Burroughs and Council Member McNeill requested a few minor wording
changes for clarification to the resolution.
The following resolution was considered:
NO. R2004-012
A RESOLUTION OF THE CITY OF DENTON, TEXAS URGING THE TEXAS
LEGISLATURE TO ADOPT SCHOOL FINANCE REFORMS THAT WOULD NOT
ADVERSELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT
EFFORTS; AND PROVIDING AN EFFECTIVE DATE.
McNeill motioned, Kamp seconded to approve the resolution. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor
Brock "aye". Motion carried unanimously.
The Council considered nominations/appoimmems to the City's Boards and
Commissions.
City of Demon City Council Minutes
March 23, 2004
Page 16
Mayor Brock announced that she had appointed Gilbert Martinez to the Denton Housing
Authority.
G. New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Mayor Pro Tem Burroughs requested staff investigate revisions to the current
landscaping requiremems for industrial warehouse zoning categories.
2. Mayor Pro Tem Burroughs suggested modifying the late utility fee to 3% or a
minimum of $5 for low use-low income individuals with a sliding scale for higher incomes.
3. Mayor Pro Tem Burroughs suggested providing an optional due date for utility
bills or give an additional week before late fees were imposed for those who would qualify for
the exception.
4. Council Member Thomson suggested recording excused absences for City
Council meetings.
5. Council Member McNeill suggested incorporating a review of the industrial
category in the quarterly review of the Code with input from developers.
6. Council Member Redmon suggested an expansion on the location of sidewalks in
the Downtown area master plan.
H. Items from the City Manager
City Manager Conduff did not have any items for Council.
I. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting Items.
With no further business, the meeting was adjourned at 8:44 p.m.
EULINEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
April 6, 2004
Legal Department
Ed Snyder, Deputy City Attorney
SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF
THE COURT IN CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON,
TEXAS 14. GARY JAY MADRIGAL AND ROSANNE MADRIGAL, CAUSE NO. ED-2003-00098
PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS; AND
DECLARING AN EFFECTIVE DATE.
BACKGROUND: On November 5, 2002, the City Council passed Ordinance No. 2002-354,
authorizing the City to acquire the subject property and to institute condemnation proceedings if
necessary. A Statement in Condemnation was filed with the Probate Court on January 30, 2003.
The Special Commissioners' hearing in this matter was held on March 24, 2004, and resulted in
an award of $44,419.
OPTIONS: Pay Award of Special Commissioners into the Registry of the Probate Court and
proceed with Hickory Creek Road project.
RECOMMENDATION: The Legal Department recommends the City pay the award of the
Special Commissioners into the Registry of the Probate Court.
PRIOR ACTION/REVIEW: On November 5, 2002, by Ordinance No. 2002-354, the City
Council found that a public necessity existed and that public welfare and convenience required
the acquisition of real property title and interests for the subject property.
FISCAL INFORMATION: $44,419.00.
Respectfully submitted,
Ed Snyder
Deputy City Attorney
S:\Our Documcms\Misccllancous\04\agcnda inlb~nation shooL-madrigal.doc
-s S:\Oar Documents\Ordinances\04\madrigal award ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE
AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN
CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS V. GARY JAY
MADRIGAL AND ROSANNE MADRIGAL, CAUSE NO. ED-2003-00098 PENDING IN THE
PROBATE COURT OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Award of Special Commissioners, attached hereto as Exhibit "A", in
condemation proceeding styled The City of Denton, Texas v. Gary Jay Madrigal and Rosanne
Madrigal, Cause No. ED-2003-00098 pending in the Probate Court of Denton County, Texas is
hereby authorized to be paid into the Registry of the Probate Court.
SECTION 2. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__ day of ~ 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS ~ LEG:~,L FORM:
HERBE~~TTORNEY
BY: ~ [/
CAUSE NO. ED-2003-00098
CITY OF DENTON, TEXAS §
Plaintiff §
v. §
GARY JAY MADRIGAL and ROSANNE §
MADRIGAL §
Defendants §
F~LE FOF~ RECORD
D~t;ITON COUt~I'fY CLERK
MAR 2 5 2004
FILED --~EPU'rV
IN THE PROBATE COURT
OF DENTON COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
On the 24th day of March, 2004, in the City of Denton, Denton County, Texas, the above
styled proceedings in eminent domain came on to be heard before the undersigned, three
disinterested fi:eeholders of Denton County, Texas, heretofore appointed as Special
Commissioners, by the Judge of the Probate Court of Denton County, Texas to assess damages
caused by these proceedings, and came the Petitioner, the City of Denton, Texas, a home-rule
municipal corporation, situated in Denton County, Texas. Also came Defendants as hereinafter
mentioned, and all parties having announced ready, the Commissioners proceeded to hear
evidence and arguments of the parties, and made the following findings:
I.
That on the 30th day of January, 2003, the City of Denton, Petitioner, filed its Statement
in Condemnation, which was subsequently amended, with Petitioner's Third Amended Statement
in Condemnation being filed on or about January 23, 2004 (the "Statement"). In the Statement,
Petitioner, upon the facts and for the purposes therein stated, seeks judgment vesting in the City
of Denton, Texas:
a. Fee simple title for street purposes, with such fee simple title vesting in the City of
Denton, Texas in that certain tract or parcel of land containing approximately 0.807 acre, together
with improvements thereon and appurtenances thereto (the "Right-of-Way Property"), described as
follows:
BEING a strip of land located in the Stephen A. Venture Survey, Abstract No. 1315, Denton
County, Texas and being a portion of a tract of land conveyed to Frank Madrigal et ux.
Mildred by deed recorded in Volume 589, Page 195, Deed Records of Denton County,
Texas, said strip of land being more particularly described by metes and bounds as follows:
BEGINNING at a found P.K. nail at the northeast comer of said Madrigal Tract, also being
the northwest comer of a tract of land conveyed to the City of Denton, Texas by affidavit
and deed recorded in Volume 4647, Page 3456 of said Deed Records, said point being in
Hickory Creek Road;
THENCE S 3° 10'29" W, with the common line between said Madrigal Tract and said City
of Denton Tract, a distance of 48.08 feet to a 5/8 inch capped iron rod (TNP) set on the
proposed new south right-of-way line of said Hickory Creek Road;
THENCE with said new right-of-way line, with the following courses and distances:
S 89° 51'30" W, a distance of 279.57 feet to a set 5/8 inch capped iron rod (TNP);
S 81° 19'39" W, a distance of 101.12 feet to a set 5/8 inch capped iron rod (TNP);
S 89° 51'30" W, a distance of 150.00 feet to a set 5/8 inch capped iron rod (TNP);
N 73° 26'33" W, a distance of 52.20 feet to a set 5/8 inch capped iron rod (TNP);
S 89° 51'30" W, a distance of 67.32 feet to a set 5/8 inch capped iron rod (TNP) set
on the west line of said Madrigal Tract, also being the original east line of Hickory
Creek Ranch, shown by plat recorded in Cabinet S, Page 241, Plat Records of
Denton County, Texas;
THENCE N 0° 51'21" W, with said line, departing fi:om said new right-of-way line, passing
a found ½ inch iron rod at 11.69 feet, in all a distance of 50.00 feet to the northwest comer
of said Madrigal Tract, in Hickory Creek Road;
THENCE S 89° 57'57" E, a distance of 650.30 feet to the Point of Beginning and
containing 0.807 acre of land of which 0.557 acre is included in the existing prescriptive
right-of-way, leaving a remainder of 0.250 acre of land more. or less; and
b. A drainage and access easement for drainage and access purposes in the name of the
City of Denton, Texas in, over and across that certain tract or parcel of land containing
approximately 0.036 acre (the "Drainage Easement"); reserving unto the Owners of said property
the fight to use the surface for parking and for driveway access to and fi.om the adjacent public
street described as follows:
Award of Special Commissioners - Page 2
BEING a strip of land located in the Stephen A. Venture Survey, Abstract No. 1315,
Denton County, Texas and being a portion of a tract of land conveyed to Frank Madrigal et ux.
Mildred by deed recorded in Volume 589, Page 195, Deed Records of Denton County, Texas,
said strip of land being more particularly described by metes and bounds as follows:
BEGINNING at a point at the intersection of the west line of said Madrigal Tract with the
proposed new south right-of-way line of Hickory Creek Road, previously described above,
said point being S 0° 51'21" E, a distance of 50.00 feet from the northwest comer of said
Madrigal Tract and also being S 0° 51'21" E, 11.69 feet from a found ½ iron rod in the west
line of said Madrigal Tract;
THENCE N 89° 51'30" E, with said proposed new south right-of-way line, a distance of
29.95 feet;
THENCE S 15° 08'33" W, departing said right-of-way line, a distance of 108.65 feet to a
point on the west line of said Madrigal Tract;
THENCE N 00° 51'21" W, with said line, a distance of 104.82 feet to the Point of
Beginning and containing 0.036 acre of land; and
c. Three temporary construction, grading, and access easements in the name of the City
of Denton, Texas in, over, and across those certain tracts or parcels of land containing
approximately 0.089 acre, 0.959 acre, and 0.028 acre, respectively (the '°l'emporary Construction,
Grading, and Access Easements"), to use for access, staging, and placement of materials,
equipment, and supplies and for other construction activities, with said Temporary Construction,
Grading, and Access Easements expiring upon completion of the Hickory Creek Road Project, or
two years from the date Plaintiff takes possession of the Temporary Construction, Grading, and
Access Easements' property, whichever occurs first, described as follows:
BEING three strips of land located in the Stephen A. Venture Survey, Abstract No. 1315,
Denton County, Texas and being a portion of a tract of land conveyed to Frank Madrigal et
ux. Mildred by deed recorded in Volume 589, Page 195, Deed Records of Denton County,
Texas, said strips of land being more particularly described by metes and bounds as follows:
TEMPORARY CONSTRUCTION EASEMENT NO. 1
BEGINNING at a point on the west line of said Madrigal Tract, said point being S 00°
51 '21" E, 154.82 feet from the northwest comer of said Madrigal Tract;
Award of Special Commissioners - Page 3
THENCE N 15° 08'33" E, with the easterly line of a proposed Drainage and Access
Easement, a distance of 108.65 feet to a point on the proposed new south right-of-way line
of Hickory Creek Road;
THENCE N 89° 51 '30" E, with said line, a distance of 25.92 feet;
THENCE S 15° 08'33" W, a distance of 202.68 feet to a point on the west line of said
Madrigal Tract;
THENCE N 00° 51'21" W, a distance of 90.71 feet to the Point of Beginning and
containing 0.089 acre of land more or less;
TEMPORARY CONSTRUCTION EASEMENT NO. 2
BEGINNING at a point on the proposed new south right-of-way line of Hickory Creek
Road, said point being S 03° 10'29" W, 48.08 feet, S 89° 51'30" W, 279.57 feet and S 81°
19'39" W, 10.00 feet from a found P.K. nail at the northeast comer of said Madrigal Tract;
THENCE S 00° 08'30" E, a distance of 185.00 feet;
THENCE S 89° 51'30" W, a distance of240.11 feet;
THENCE N 00° 08'30" W, a distance of 171.48 feet to a set 5/8 inch capped iron rod (TNP)
on said proposed new south right-of-way line of Hickory Creek Road;
THENCE with said right-of-way, with the following courses and distances:
N 89° 51'30" E, a distance of 150.00 feet to a set 5/8 inch capped iron rod (TNP):
N 81° 19'39" E, a distance of 91.12 feet to the Point of Beginning and containing
0.959 acre of land more or less;
TEMPORARY CONSTRUCTION EASEMENT NO. 3
BEGINNING at a point on the proposed new south right-of-way line of Hickory Creek
Road, said point being S 03° 10'29" W, 48.08 feet and S 89° 51 '30" W, 150.00 feet from a
found P.K. nail at the northeast comer of said Madrigal Tract;
THENCE S 00° 08'30" E, a distance of 30.00 feet;
THENCE S 89° 51 '30" W, a distance of 40.00 feet;
THENCE N 00° 08'30" W, a distance of 30.00 feet to a point on said proposed new south
right-of-way line of Hickory Creek Road;
THENCE N 89° 51'30" E, a distance of 40.00 feet to the Point of Beginning and containing
0.028 acre of land more or less.
Award of Special Commissioners - Page 4
The Right-of-Way Property, Drainage Easement, and Temporary Construction, Grading,
and Access Easements are hereinafter collectively referred to as the "Property".
II.
That upon consideration of the Statement, duly filed with the Court, the Judge of said
Court, did appoint Scott Armey, Michael C. Rarnos, and C.R. Woolfolk, Jr. as Special
Commissioners to assess damages caused by the taking of the Property (called the "Special
Commissioners" ).
Thereafter, the said Special Commissioners, qualified as such, each took the Oath
prescribed by law, which Oaths are on file with the papers in this cause.
IV.
That after having so qualified, said Special Commissioners by written order, designated
and appointed the 24th day of March, 2004, at 9:00 a.m. in the Community Training Room at the
Central Fire Station, 332 E. Hickory, Denton, Denton County Texas, as the date, time, and place
for heating said Statement and the parties, said date being the earliest practical time and such
place being in the County in which the Property is situated.
V.
That a written notice of such date, time and place of the hearing was issued by the Special
Commissioners and the Defendants, Gary Jay Madrigal and Rosanne Madrigal, were duly served
with notice and notified in the time and manner required by law of such heating and the time
and place thereof.
VI.
That on the 24th day of March, 2004, said Special Commissioners did convene and the
following named parties appeared in person or by their attorneys:
Edwin M. Snyder, attorney for the City of Denton, Petitioner
Award of Special Commissioners - Page 5
and announced ready for such hearing and said Special Commissioners proceeded to hear
evidence as to the damages to be sustained by the owners or parties having an interest in the
Property by reason of the taking of the Property. At, er hearing and considering the evidence,
said Special Commissioners did find and determine and accordingly assess damages to be paid
by the City of Denton, Texas, according to the roles of damages set forth in Title 4, Chapter 21
of the Texas Property Code as follows:
1. Total damages to be paid, including damages to the remainder if any, by City of Denton,
Petitioner, jointly to Defendants Gary Jay Madrigal and Rosanne Madrigal, is in the amount of
2. The costs of these proceedings are adjudged against C r'f7t
SIGNED THIS THE 0-~l'~'~- day of March, 2004.
SPECIAL COMMISSIONERS
C.i~. "Rick" W'°ol~lk, Jr.
Award of Special Commissioners - Page
The foregoing Award of Special Commissioners was filed with me the Presiding Judge of
the Probate Court of Denton County, Texas, on the c~?~day of ~9.. ,2004.
/ ~ ,~././~'..,,"
JIYDGE PRESIDING
DON R. WINDLE, JUDGE
PROBATE COURT
Award of Special Commissioners - Page 7
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 6, 2004
Materials Management
Kathy DuBose ~
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
SUBJECT
An Ordinance authorizing the City Manager to execute change order number one to the contract
between the City of DeNon and Techline, Inc.; providing for the expenditure of funds therefore;
and providing an effective date (Bid 3043-Annual Price Agreemem for Electric Distribution
Cables Change Order Number One as reflected in Exhibit A in the estimated amoum of
$100,000).
CHANGE ORDER INFORMATION
On August 19, 2003, the City Council awarded a comract to Techline, Inc. to supply copper and
aluminum wire to Denton Municipal Electric (DME). Significam unforeseen increases in the
cost of new copper and aluminum from September 2003 umil now have created an increase in
the production cost of wire and cable. These costs have exceeded the manufacturer's ability to
produce at the awarded bid price. Although, the New York Metals Exchange rate has increased
over 56% from $.7465/lb. in August 2003, to $1.32/lb. on March 30, 2004, members of staff
have been able to hold the increase in cost to the City of DeNon at under 25%. This change
order accomplishes price protection and contract extension through August 2005. This action
also assures DME of a dependable source of wire and cable for that time period.
Approval of this change order will ensure that DME will not have to spot buy in an escalating
metals market. In addition, DME would have a guaranteed source of products that are required
by them to serve new and existing customers. The metals market is speculative and no one
knows for sure what the market will do; however, DME must have wire and cable in order to
cominue providing reliable electricity to the customer.
RECOMMENDATION
We recommend that Change Order One be approved in the revised square foot amoums shown in
Exhibit A in the estimated amoum of $100,000.
PRINCIPAL PLACE OF BUSINESS
Techline, Inc.
Fort Worth, TX
Agenda Information Sheet
April 6, 2004
Page 2
ESTIMATED SCHEDULE OF PROJECT
This is an annual agreement that expires on August 19, 2005. Orders will be processed as
needed.
FISCAL INFORMATION
The items in this bid will be funded out of the Warehouse working capital account and charged
back to the using department.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1:
Attachment 2:
1-AlS-Bid 3043
Market Increase Chart
Change Order Letter
C]~
AtCach~en~ 2
54~1 Martin Street
Fort Wodh, T~xas 76119
1-800-410-9119
Fax: 8'17-561-9902
Apdl 1, 2004
Karen Smith
City of Denton
901 B. Texas Street
Denton, Texas 76209
Dear Karen:
Due to the unforeseeable changes in the market place over the last two quakers, Techline, Inc.
in conjunction with Pirelli Power Cables and DME has negotiated new pdcing for contract 3043.
The increasing cost of copper and aluminum, which has increased exponentially made this
agreement necessary to secure the best pricing for DME. This contract will be valid March 31,
2004 through August 31, 2005. Below are the new pdces for cable:
280-80-056 Cable, A L 4/0 1-Phase, P rimary, Full Concentric $2.0875/FT
280-80-040 Cable, A L # 2 3 -Phase, Primary, 1/3 R educed Neutral $3.675/FT
280-80-055 Cable, A L 4/0 'l-Phase, Primary, '1/3 R educed Neutral $1.6625/FT
280-80-010 Cable, A L # 2 1 -Phase, P rimary, Full Concentric $1.101FT
280-80-100 Cable, 5 00 C u, E PR Primary, Shielded $4.1875/FT
280-80-110 Cable, 7 50 C u, E PR Primary, Shielded $5.825/FT
280-35-230 Cable, 3 50 ( Wesleyan/XLP} $1.63/FT
280-80-060 Cable, 4/0 (Sweetbr[ar/XLP) $.93/FT
280-80-070 Cable, 2/0 (Converse/XLP) $.71/FT
280-'16-220 Wire, 410 S oft Drawn B are Copper, 1 9-Strand $.91251FT
***The above pricing is based on a quantity of 300,000LBS Copper at $1.32ib. COMEX and S0,000LBS
Aluminum at $.831b. Metals Week U.S. Transaction.
Sincerely,
Michael Stone / Shawn Hoi[oway
Outside Sales/ Inside Sales
R:~Agendas~April 6, 2004\Backup\Bid 3043 Change Order One\4-ORD-Bid 3043.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING AND RATIFYING A CHANGE
ORDER FOR A CONTRACT BETWEEN THE CITY OF DENTON AND TECHLINE-FORT
WORTH FOR THE SUPPLYING OF COPPER AND ALUMINUM WIRE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to City Council approval under Ordinance No. 2003-241, on August
19, 2003 the City of Denton and Techline-Fort Worth (the "Vendor") entered into a contract for the
supplying of copper and aluminum wire (the "Contract"); and
WHEREAS, the actual quantities ordered and received by the City under the Contract far
exceed the estimates contained in the Contract;
WHEREAS, due to the dramatic increase in the cost and value of this product since the
Contract was entered into and because of the dramatic increase in the quantities needed by the City,
the Vendor has requested a change order, a copy of which is attached hereto and made a part hereof
by reference (the "Change Order"); and
WHEREAS, the Change Order involves increases that do not exceed 25% of the original
unit prices for the copper and aluminum wire; and
WHEREAS, the City Council finds that the Change Order serves valid public and municipal
purposes and is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The Change Order is hereby approved and ratified. The City Manager, or his
designee, is hereby authorized to execute the Change Order on behalf of the City and to make the
expenditure of funds provided for by the Change Order. All prior actions consistent with the Change
Order are hereby authorized and ratified.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ., 2004.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
r~
U
Z
0
LI.I
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2OO4
General Government
Betty Williams, Director of Management & Public Information
Michael A. Conduff, City Manager
SUBJECT:
Consider adoption of a resolution by the City Council of the City of Denton, Texas supporting
the efforts by the University of North Texas to gain membership in Conference USA; and
providing an effective date.
BACKGROUND:
The University of North Texas (UNT) is actively attempting to gain membership in Conference
USA. UNT athletic programs have been very successful in the Sun Belt Conference. For
example, the football program has won three straight Sun Belt Conference championships and
currently holds the nation's longest conference winning streak at 18 games. The women's
basketball program has won three conference divisional titles in the last five seasons, and track
and field has won three major championships since 2000.
The UNT athletic department has also demonstrated what dramatic economic impact college
athletics can have on the Denton area. The track and field program has hosted back-to-back Sun
Belt outdoor championships, thus putting "heads in beds" and stimulating the Denton economy.
UNT will host the 2005 Sun Belt conference men's and women's basketball tournament for 22
teams and their fans. The women's softball program was re-established last year and UNT made
significant improvements to the ball fields at Denia Recreation Park for the purpose of playing
home games there.
As successful bid for membership into Conference USA would increase crowd support and
visibility for the Denton area. Conference USA boasts teams of regional significance, including
Southern Methodist University, Rice, and Houston; and UNT's joining of Conference USA
will have a tremendous advantage in drawing fans to Denton.
The University of North Texas has asked the City of Denton and the Denton Chamber of
Commerce to pass resolutions of support that can be sent to officials at Conference USA. The
Denton Chamber of Commerce has already passed a resolution in support of UNT's efforts. The
City of Denton has a long-time precedent of formally supporting all types of initiatives on behalf
of the University of North Texas and the betterment of Denton.
ADA/EOE/ADEA www.ci _tyofdenton.com (TDD 800-735-2989)
Page 2 of 2
OPTIONS:
1) Approve the ordinance supporting the efforts by the University of North Texas to gain
membership in Conference USA.
2) Deny the ordinance supporting the efforts by the University of North Texas to gain
membership in Conference USA.
RECOMMENDATION
Staff recommends option #1
PRIOR ACTION/REVIEW (Council~ Boards~ Commission):
1. None
FISCAL INFORMATION:
1. None
Respectfully subn~'tted:
--~tt~ ~l~iflian~s
Director of Management and Public Information
Prepared by:
abrales~r.
Information Officer
Attachments
1. Resolution
ADA/EOE/ADEA www.citgofdenton.com (TDD 800-735-2989)
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
SUPPORTING THE EFFORTS BY THE UNIVERISTY OF NORTH TEXAS TO GAIN
MEMBERSHIP IN CONFERENCE USA; AND PROVDING FOR AN EFFECTIVE
DATE.
WHEREAS, the momentum behind the University of North Texas (UNT) Athletic
Department at the present time has already demonstrated what a dramatic economic
impact college athletics can have on the Denton area; and
WHEREAS, crowd support and visibility for the Denton area will be improved by
UNT's move to Conference USA; and
WHEREAS, Conference USA boasts teams of regional significance, including
Southern Methodist University, Rice, and Houston; and UNT's joining of Conference USA
will have a tremendous advantage in drawing fans to Denton; and
WHEREAS, UNT has made great strides in raising the level of women's sports and
other athletic programs; and UNT's membership in Conference USA will further elevate the
quality and rivalry of these sports programs; and
WHEREAS, the City of Denton has a long-time precedent of formally supporting
all types of initiatives on behalf of the University of North Texas and the betterment of
Denton; and
WHEREAS, the City Council finds that it is in the public interest to support the
University of North Texas' efforts to join Conference USA; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of Denton hereby formally
endorses the efforts of the University of North Texas to gain membership in Conference
USA.
SECTION 2. That this resolution shall become effective immediately upon its
passage and approval.
S:\Our DocumentskResolufions\04\UNT Resolution. DOC
PASSED AND APPROVED this the
day of
., 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our DocumentskResolutions\04\UNT Resolution. DOC
AGENDA INFORMATION SHEET
AGENDA DATE: April 6, 2004
DEPARTMENT: Legal Department
CM/DCM/ACM: Dorothy Palumbo, Senior Assistant City Attorney
SUBJECT: Consider adoption of an Ordinance allowing the City Manager to execute a Non-
drill Site/Pooling Agreement with HEP Oil Company, Ltd or approximately 11.821 acres of
Mack Park in the City of Denton, Texas; and providing an effective date.
BACKGROUND: This Ordinance allows the City Manager to execute a lease for a non-drill
site/pooling agreement for approximately ten (10) acres at Mack Park. HEP Oil Company, Ltd
submitted the only bid for these mineral interests. The City will receive $5,910.50 bonus and a
25% royalty interest. No drilling will be allowed on Mack Park and this land will be pooled and
drilled off a well on adjacent property. Please see the City Attorney Status report for for more
detailed discussion of the lease terms.
FISCAL: The City will receive the bonus money upon the execution of the lease and a
monthly royalty when the welt is drilled and connected to a gas transmission line.
OPTIONS.'. The City Council may adopt the ordinance and authorize the City Manager to
execute the lease or the Council may reject all bids and re-advertise for additional bids.
RECOMMENDATION: We recommend that the City Manager execute the mineral lease.
Respectfully submitted,
Dorothy Pa~mbo, Sr. Asst. City Attorney
\Our ]DOCUiI~nt~\G~L~ WclI Doeumen~s'~MS~Mack Park Gas L~as¢ doc
S:\Our Documents\Ordinances\04\Mack Park Gas Lease Ordinance Best Bid.doc
ORDINANCE NO.
AN ORDINANCE ALLOWING THE NEGOTIATION OF THE BEST BID FOR A CONTRACT
FOR AN OIL AND GAS NON-DRILL SITE/POOLING AGREEMENT AT MACK PARK WITH
HEP OIL COMPANY, LTD. AND ALLOWING THE CITY MANAGER TO EXECUTE A
LEASE AS LONG AS THE LEASE IS IN SUBSTANTIALLY THE SAME FORM AS THE
CITY'S STANDARD LEASE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council of the City of Demon has heretofore determined that it is
advisable to lease for oil and gas purposes certain real property located at Mack Park, DeNon,
Texas; and
WHEREAS, in compliance with Chapter 71 of the Texas Natural Resources Code (the
"Code") the City published notice of its imemion to lease such real property for oil and gas
purposes once a week for three consecutive weeks in a newspaper with general circulation and
published in Denton County, Texas; and
WHEREAS, in compliance with the Code, the City Council of the City of DeNon held a
public hearing under Chapter 26 of the Texas Parks and Wildlife Code and Chapter 71 of the Texas
Natural Resources Code; and
WHEREAS, Pursuam to the Code, the City of Demon desires to negotiate the lease of the
property for oil and gas well developmem with the best bidder submitted by HEP Oil Company,
Ltd.; and
WHEREAS, HEP Oil Company, Ltd. desires to enter into lease negotiations for the land at
Mack Park for a non-drill site/pooling agreemem for oil and gas well developmem and after
negotiation, to enter into a lease for the land for oil and gas well development and to agree to pay to
the City the agreed upon amoums; and
WHEREAS, after negotiation the City desires to authorize the City Manager to execute the lease as
long as the lease is in substamially the same form as the City's standard lease agreemem for non-
drill site/pooling agreemems. NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Incorporation of Preamble. The above and foregoing preamble is incorporated
imo the body of this Ordinance as if copied herein in its emirety.
SECTION 2. The City Manager or his designee are hereby authorized to negotiate a non-
drill site/pooling oil and gas lease agreemem between the City of DeNon and HEP Oil Company,
Ltd in return for the paymem(s) as outlined in Attachmem A for the approximately acres of Mack
Park.
SECTION 3. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by
a Court of competemjurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance, and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__day of ,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
EXHIBIT "A"
CITY OF DENTON BID FORM
GAS WELL DEVELOPMENT ON MACK PARK PROPERTY
NON-DRILLING/POOLING AGREEMENT
Description of property and lease: The lease will be a non-dr~I1ing/pooling agreement for the
following Parks
Mack Park
An alternate bid ora portion o£the Park may be considered.
Minimum Standards of the Bid: Please check each item that will be included in the lease.
.e 1)
~ A primary term ofnot more th~ years from dato of execution.
~ A Commencement of Drilling Clause to drilI within the ~ primary term.
a Include a proposal for a continuo/m developmemt afar initial well establishes production
rate.
o Aroyaltyto lessor 25Z
oil and gas produced from said land.
The royalty to be paid at the highest price in thc area. A statement by the Lessee that the
royalty to be paid the City is equal, to the highest price paid by the Lessee to any mineral
owner in Dcnton, CountT, and that if the Lessee pays a mineral owner/n Denton County, ·
Texas a higher royalty percentage during the term of this lease, the Lessee shall increase
the royalty paid to the City so as to equal thi.~ higher mount.
~ An annual delay rental of $
Shut-in payment of $ ! 00:00
per acre. (This is a 3 year Paid Up Lease)
..per acre.
Bonus money as specified by bidder.
11:871 acrcsX$ 500.00 = total bonus
bonus money as specified in thc bid.
money $ 5,910.50
For
A Development Plat o r other drawing s hewing a d~ p tan and d rill sites t hat are n et
located on South Mac k Park must be submitted with this bid. The City reserves
thc right to award this bid based on both price and the most advantageous location of the
drilling locations and sites for pooling purpose, s. (See attached Map & Pvopo~:ed
Unit.)
The successful bidder shall pay the cost of the advertisement of the bid.
-8-
Bidders shall submit information of the bidder's reputation and quality of the bidder' s oil
and gas services including but not Hrnited to the bidder's financial ability to provide the
oil and gas services, safety record, compliance history and any other relevant information
that the bidder submits to the city for the determination of best value. A letter from the
Railroad Commission that the company is in good standing will suffice.
The successful bidder shall comply with all requirements in the Code of Ordinances for
the City of Denton, Texas. A copy may be obtained in the City Secretary's office or on
the City ofDenton's website, www. ci~ofdenton, com.
A. bidder's conference will be held on February 2 5, 2004 at 10:00 a.m. at the City of
Denton Service Center Conference Room, 901-A Texas Street, Denton, Texas 76209.
~ Au Oil and Gas lease will be negotiated within thirty (30) days after the successful bidder
is selected.
City shall allow the successful bidder to pool the lease, the land or minerals included in
the lease, or any part of these with any other land, leases, minerals estates or parts of any
of these to form a drilling or spacing unit for the exploration, development, and
production of oil and gas. The City will consider alternative bids on a portion of the
Park lands, described, herein.
By submitting a bid, each bidder agrees to waive and does hereby waive any claim the
bidder has or may have against the City of Denton, Texas, and the City's respective
empIoyees and representatives for the award of attorney fees, arising out of or /n
connection with the administration, evaluation, or recommendation of any bid, waiver of
any requirements under thc Bid Docments, or the Contract Documents, acceptance or
rejection of any bids, and award of the Bid. By submitting a bid, the bidder specifically
waives any right to recover or be paid attorney's fees from thc City of Denton, Texas, or
any of the City's employees and representatives under any of the provisions of the Texas
Uniform Declaratory Judgments Act (Texas Civil Practice and Remedies Code, Section
37.001, et. seq., as amended).
The bidder agrees that this is the intentional relinquishment of a presently existing known
right.
By execution and submission of this Bid, thc Bidder hereby represents and war~ants to
the City of Denton that the Bidder has read and understands the Bid Documents and the
Contract Documents and this Bid is made in accordance with the Bid Documents. Bidder
acknowledges that it understands all terms within the bid documents, which include the
waiver provisions, and that it had the fight to consult with counsel regarding all of the
above documents.
By submittin§ a bid, each bidder aErees to waive and does hereby waive any claim thc
bidder has or m2y have against the City of Danton, Texas and thc City's employees,
agars and officers, arising out of or in anyway connected with the following:
1. the administration, evaluation or recommendation o£ auy bid;
waiver or deletion of any o £ the requirements under tho B id Documents or thc
Contract Documents;
3. acceptancc or rejection of any bids; and
4. award of thc Bid or Lease.
By submitting a bid, thc bidder acknowledges that the bidder understands all terms of the bidding
docnments aud consents to tho bidding process and the possibility of a negative assessment. By
submitting a bid, the bidder acknowledges aud agrees that there was and is no disparity of
bargaining power between the bidder and thc City of Denton, Texas.
The bidder agrees that this is the intentional relinquishment of the above listed prescntly existing
The City reserves the right to waive, delete or amend any of the requirements connected with this
(~..-~ifica~)f~idd~t~ ~enne-'Eah R. Couch
Title: Agent
HEP OIL COMPANY, LTl).
- 10-
I
Mack
Fountains of
Denton
Apartments
Gas
sites
gas
sites ,.
o
I
I~~ ~ ~ ~ , ,, ~ ' ' ' ' " " , , I
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,
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AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2004
Legal Department
Dorothy Palumbo, Senior Assistant City Attorney
SUBJECT: Consider adoption of an Ordinance allowing the City Manager to execute a Non-
drill Site/Pooling Agreement with Trio Consulting & Management, L.L.C. or approximately
51.9225 acres of Lake Forest Park in the City of Denton, Texas; and providing an effective date.
BACKGROUND: This Ordinance allows the City Manager to execute a lease for a non-drill
site/pooling agreement for approximately ten (10) acres at Lake Forest Park. Trio Consulting &
Management, L.L.C. submitted the only bid for these mineral interests. The City will receive
$15,576.75 bonus and a 23% royalty interest. No drilling will be allowed on Lake Forest Park
and this land will be pooled and drilled off a well on adjacent property. Please see the City
Attorney Status report for more detailed discussion of the lease terms.
FISCAL: The City will receive the bonus money upon the execution of the lease and a
monthly royalty when the well is drilled and connected to a gas transmission line.
OPTIONS: The City Council may adopt the ordinance and authorize the City Manager to
execute the lease or the Council may reject ali bids and re-advertise for additional bids.
RECOMMENDATION: We recommend that the City Manager execute the mineral lease.
Respectfully submitted,
Dorothy Paltffnb°, Sr. Asst. City AttorneY
S \Our Documents\G~ Well DoeumentsX~AlS-Lak¢ Forest Park Gas Lease doe
S:\Our Documents\Ordinances\04\Lake Forest Park Gas Lease Ordinance Best Bid.doc
ORDINANCE NO.
AN ORDINANCE ALLOWING THE NEGOTIATION OF THE BEST BID FOR A CONTRACT
FOR AN OIL AND GAS NON-DRILL SITE/POOLING AGREEMENT AT LAKE FOREST
PARK WITH TRIO CONSULTING & MANAGEMENT, LLC. AND ALLOWING THE CITY
MANAGER TO EXECUTE A LEASE AS LONG AS THE LEASE IS IN SUBSTANTIALLY THE
SAME FORM AS THE CITY'S STANDARD LEASE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The City Council of the City of Demon has heretofore determined that it is
advisable to lease for oil and gas purposes certain real property located at Lake Forest Park, Denton,
Texas; and
WHEREAS, in compliance with Chapter 71 of the Texas Natural Resources Code (the
"Code") the City published notice of its imemion to lease such real property for oil and gas
purposes once a week for three consecutive weeks in a newspaper with general circulation and
published in Denton County, Texas; and
WHEREAS, in compliance with the Code, the City Council of the City of DeNon held a
public hearing under Chapter 26 of the Texas Parks and Wildlife Code and Chapter 71 of the Texas
Natural Resources Code; and
WHEREAS, Pursuam to the Code, the City of Demon desires to negotiate the lease of the
property for oil and gas well developmem with the best bidder submitted by Trio Consulting &
Management, LLC. and
WHEREAS, Trio Consulting & Management, LLC. desires to enter into lease negotiations
for the land at Lake Forest Park for a non-drill site/pooling agreemem for oil and gas well
development and after negotiation, to enter into a lease for the land for oil and gas well development
and to agree to pay to the City the agreed upon amounts; and
WHEREAS, after negotiation the City desires to authorize the City Manager to execute the
lease as long as the lease is in substamially the same form as the City's standard lease agreemem for
non-drill site/pooling agreemems. NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Incorporation of Preamble. The above and foregoing preamble is incorporated
imo the body of this Ordinance as if copied herein in its emirety.
SECTION 2. The City Manager or his designee is hereby authorized to negotiate a non-drill
site/pooling oil and gas lease agreemem between the City of DeNon and Trio Consulting &
Management, LLC. in return for the payment(s) as outlined in Attachment A for the approximately
51.9225 acres of Lake Forest Park.
SECTION 3. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance, and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__day of ,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
EXHIBIT "A"
TRIO CONSULTING &
MANAGEMENT, LLC
March 9, 2004
Tom Shaw, Director
Purchasing Agent
City of Denton
901-B Texas Street
Denton, Texas 76209
Re: Oil & Gas Lease, Lake Forest Park (69 acres) BID Number 3142:
Dear Mr. Shaw:
This letter accompanies the bid package for the above referenced Oil and Gas
Lease bid. Trio Management & Consulting, LLP is interested in submitting a bid
and negotiating a Lease for the Lake Forest Park lands south of Ryan Road in
Denton.
Trio Management & Consulting, LLP has previously submitted a bid and
successfully negotiated a lease with the City of Denton on the Hickory Creek
Substation site south of Hickory Creek Road. The background, qualifications and
safety information submitted with that bid/lease package is still valid and is
hereby incorporated into this submission by reference.
Trio Management & Consulting, LLP has either permitted or drilled 18 wells in
and around the City of Denton over the last several years and is in the process of
permitting several others at this date. Additionally, we are currently under
negotiation with Lake Forest Good Samaritan Village for a lease on the
remaining acreage on both sides of the City of Denton Lake Forest Park tract.
This would enable Trio to best develop the oil and gas beneath this site.
Our research indicates the City of Denton only owns 75% of the minerals under
the 69 acre tract. Our figures on the attached Bid form reflect this 75% interest
as opposed to a 100% interest.
Attached with this letter is the official City of Denton bid form and a map of the
area showing our proposal for gas development of the site prepared by Coleman
& Associates Land Surveying.
J~W ~tokes. Agent '
P.O, Box 209 · Wichita Falls, TX 76307 · 940/7-67-2847 · Fax 940/761-6dZ2. info@trlooperating.com
CITY OF DENTON BID FORM
GAS WELL DEVELOPMENT ON LAKE FOREST PARK PROPERTY
NON-DRILLING/POOLING AGREEMENT
Description of property and lease:
following Parks
The lease will be a non-drilling/pooling agreement for the
Lake Forest Park
An alternate bid cfa portion of the Park may be considered.
Minimum Standards of the Bid: Please check each item that will be included in the lease.
~f/rA primary term of not more than three (3) years fi:om date of execution.
[] A Commencement of Drilling Clause to drill within the first 6 months.
Include a proposal for a continuous development after initial well establishes production
rate.
ar"'A royalty to lessor ... '.~..~ ~9
oil and gas produced from said land.
The royalty to be paid at the highest price in the area. A statement by the Lessee that the
royalty to be paid the City is equal to the highest price paid by the Lessee to any mineral
owner in Denton, County; and that if the Lessee pays a mineral owner in Denton County,
Texas a higher royalty percentage during the term of this lease, the Lessee shall increase
the royalty paid to the City so as to equal this higher amount.
r~'"Shut-in payment of 20 o~
An annual delay rental of $ /O po
"-' l~er acre. (This is a 3 year Paid Up Lease)
per acre.
Bonus money as specified by bidder.
~",/.c~Y'2'~resX$ ~oO~- = total bonus money. /b" ~';2C~. 75 For
bonus money as specified in the bid. /
~AD evelopment P tat or other drawing showing a drill p lan and drill s ires that are not
located on /---/~/~.. ~7-- Park must be submitted with this bid. The City reserves
the right to award this bid based on both price and the most advantageous location of the
drilling locations and sites for pooling purposes.
The successful bidder shall pay the cost of the advertisement of the bid.
~Bidders shall submit information of the bidder's reputation and quality of the bidder's oil
and gas services including but not limited to the bidder's financial ability to provide the
oil and gas services, safety record, compliance history and any other relevant information
that the bidder submits to the city for the determination of best value. A letter fi:om the
Kailroad Commission that the company is in good standing will suffice.
~The successful bidder shall comply with all requirements in the Code of Ordinances for
the City of Denton, Texas. A copy may be obtained in the City Secretary's office or on
the City of Denton's website, www.cityofdenton.com.
[] A bidder's conference w ill be held onFebruary25, 2004 at 10:00 a.m. at the City of
Denton Service Center Conference Room, 90I-A Texas Street, Denton, Texas 76209.
fAn Oil and Gas lease will be negotiated within thirty (30) days after the successful bidder
is selected. '
//City shall allow the successful bidder to pool the lease, the land or minerals included in
the lease, or any part of these with any other land, leases, minerals estates or parts of any
of these to form a drilling or spacing unit for the exploration, development, and
production of oil and gas. The City will consider alternative bids on a portion of the
Park lands, described, herein.
By submitting a bid, each bidder agrees to waive and does hereby waive any claim the
bidder has or may have against the City of Denton, Texas, and the City's respective
employees and representatives for the award of attorney fees, arising out of or in
connection with the administration, evaluation, or recommendation of any bid, waiver of
any requirements under the Bkl Documents, or the Contract Documents, acceptance or
rejection of any bids, and award of the Bid. By subrrdtting a bid, the bidder specifically
waives any fight to recover or be paid attorney's fees fi:om the City of Denton, Texas, or
any of the City's employees and representatives under any of the provisions of the Texas
Uniform Declaratory Judgments Act (Texas Civil Practice and Remedies Code, Section
37.001, et. seq., as amended).
The bidder agrees that this is the intentional relinquishment of a presently existing known
right.
By execution and submission of this Bid, the Bidder hereby represents and warrants to
the City of Denton that the Bidder has read and understands the Bid Documents and the
Contract Documents and this Bid is made in accordance with the Bid Documents. Bidder
acknowledges that it understands all terms within the bid documents, which include, the
waiver provisions, and that it had the right to consult with counsel regarding all of the
above documents.
By submitting a bid, each bidder agrees to waive and does hereby waive any clakn the
bidder has or may have against the City of Denton, Texas and the City's employees,
agents and officers, arising out of or in any way connected with the following:
the administration, evaluation or recommendation of' any bid;
waiver or deletion of any o f the requirements under the B id Documents or the
Contract Documents;
acceptance or rejection of any bids; and
award of the Bid or Lease.
By submitting a bid, the bidder acknowledges that the bidder understands all terms of the bidd~g
documents and consents to the bidding process and the possibility of a negative assessment. By
submi~t/ng a bid, the bidder acknowledges and agrees that there was Md is no disparity of
bargaining power between the bidder and the City of Denton, Texas.
The bidder agrees that this is the intentionai relinquishment of the above listed presently existing
rights.
The City reserves the right to waive, delete er amend any of th~~with this
bid and to reject any and all bids.
C ertifi~/ati°n df Bi~Ider -
Title: --
Company
T P / c_x ,v g o cT/ ,,,2 ¥
/_LC_
RYAN KOAD
T, LAYI]OR
SURV£Y
A-779
RYAN, WAY'NE S &
MEI,BAGENE
V. 731), P. 599
c^tc~o ss so4 .lc Ir, .o~,,'
ONE SI fELTON P,.YAN & [1~
22.992
ACRES
PIi'OI~BE ,~ 'I' ~OHNNY UY
VOL, l$~l P, 237
· c, sm~e / ~O
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zu'"~,~,, / ,.,/ ~ LAKE FOREST PAtCK ~.
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' \ I
PROPOSED
WELL SITE
~ l~. / lxc.
OPERATOR
TRIO CONSULTING &
MANAGEMENT, LLC
P,0. BOX 209
WICHITA FALLS, TEXAS
76307-0209
(940) 767-2847 k ,. '-~,e
LAKE FOREST PARK
e9 ^ca[s ~u T.S N. Bn~W'ON SUaV~W
CITY OF DENTON Coleman & Associates
O~NmN COUN~, T~S Land Surveying
DRAWN: CF JOB #: 1005 P.O. BOX 6B6 DENTON, TEXAS 76202
PH(940)565-8215,FAX (940)565-9800,
CHECKED: MGD DATE: 2~16-04 WWW.COLEMANSU RVEY]NG.COM 0100 (300
REVISED: N/A SCALE: 1" = 300'
~) 2003 COLEMAN &ASSOC. SURVEYING
AGENDA INFORMATION SHEET
AGENDA DATE: April 6, 2004
DEPARTMENT: Legal Department
CM/DCM/ACM: Dorothy Palumbo, Senior Assistant City Attorney
SUBJECT: Consider adoption of an Ordinance allowing the City Manager to execute a Non-
drill Site/Pooling Agreement with Enexco, Inc., Inc. for 42 acres of the Airport Open Space Park
in the City of Denton, Texas; and providing an effective date.
BACKGROUND: This Ordinance allows the City Manager to execute a lease for a non-drill
site/pooling agreement for 42 acres of the Airport Open Space Park with Enexco, Inc. Enexco,
Inc., submitted the best bid for these mineral interests. The City will receive $8,400.00 bonus
and an 20 % royalty interest. No drilling will be allowed on the Airport Open Space Park and
this land will be pooled and drilled from an well on adjacent property. This lease will contain
provisions requiring compliance with FAA regulations and with the Airport Overlay Zone
regulations.
FISCAL: The City will receive the bonus money upon the execution of the lease and a
monthly royalty when the well is drilled and connected to the gas transmission line.
OPTIONS: The City Council may adopt the ordinance and authorize the City Manager to
execute the lease or the Council may reject ail bids and re-advertise for additional bids.
RECOMMENDATION: We recommend that the City Manager execute the mineral lease.
Respectfully submitted,
Dorothy Patflinbo, Sr. Asst. City Attorney
S ',Our Documents\Ga~ Well Documents'xAiS-A~port Open Space Park DOC
S:\Our Documents\Ordinances\04~Airport Open Space Park Gas Lease Best Bid.doc
ORDINANCE NO.
AN ORDINANCE ALLOWING THE NEGOTIATION OF THE BEST BID FOR A CONTRACT
FOR AN OIL AND GAS NON-DRILL SITE/POOLING AGREEMENT AT THE AIRPORT
OPEN SPACE PARK WITH ENEXCO, INC. AND ALLOWING THE CITY MANAGER TO
EXECUTE THE LEASE AS LONG AS THE LEASE IS IN SUBSTANTIALLY THE SAME
FORM AS THE CITY'S STANDARD LEASE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council of the City of Demon has heretofore determined that it is
advisable to lease for oil and gas purposes certain real property located at the Airport Open Space
Park, Denton, Texas; and
WHEREAS, in compliance with Chapter 71 of the Texas Natural Resources Code (the
"Code") the City published notice of its imemion to lease such real property for oil and gas
purposes once a week for three consecutive weeks in a newspaper with general circulation and
published in Denton County, Texas; and
WHEREAS, in compliance with the Code, the City Council of the City of DeNon held a
public hearing under Chapter 71 of the Texas Natural Resources Code; and
WHEREAS, Pursuam to the Code, the City of Demon desires to negotiate the lease of the
property for oil and gas well developmem with the best bidder submitted by Enexco, inc.; and
WHEREAS, Enexco, Inc. desires to enter into lease negotiations for the land at the Airport
Open Space Park for a non-drill site/pooling agreemem for oil and gas well developmem and after
negotiation, to enter into a lease for the land for oil and gas well development and to agree to pay to
the City the agreed upon amoums; and
WHEREAS, after negotiation the City desires to authorize the City Manager to execute the
lease as long as the lease is in substamially the same form as the City's standard lease agreemem for
non-drill site/pooling agreemems. NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Incorporation of Preamble. The above and foregoing preamble is incorporated
imo the body of this Ordinance as if copied herein in its emirety.
SECTION 2. The City Manager or his designee are hereby authorized to negotiate a non-
drill site/pooling oil and gas lease agreemem between the City of Demon and Enexco, inc. in return
for the payment(s) as outlined in Attachment A for the approximately 42 acres at the Airport Open
Space Park.
SECTION 3. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by
a Court of competemjurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance, and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the __ day of ,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
EXHIBIT "A"
CITY OF DENTON BID FORM
GAS WELL DEVELOPMENT ON AIRPORT PARK PROPERTY
NON-DRILLING/POOLING AGREE1VLENT
Description of property and lease:
following Parks
Airport Park
An alternate bid of a portion of the Park may be considered.
Minimum Standards of the Bid: Please check each item that will be included in the lease.
The lease will be a non-drilling/pooling agreement for the
A primary term of not more than three (3) years fi:om date of execution.
A Commencement of Drilling Clause to drill within the first 6 months.
Include a proposal for a continuous development after initial well establishes production
rate.
royalty to lessor 1/5.
oil and gas produced from said land.
The royalty to be paid at the highest price in the area. A statement by the Lessee that the
royalty to be paid the City is equal to the highest price paid by the Lessee to any mineral
owner in Denton, County; and that i£the Lessee pays a mineral owner in Denton County,
Texas a higher royalty percentage during the term of this lease, the Lessee shall increase
the royalty paid to the City so as to equal this higher mount.
Y~ An armual delay rental of $ 10.00 peracre. (This is a 3 year Paid Up Lease)
Shut-in payment of ~20.00 per acre.
Bonus money as specified by bidder.
42 acres X $ 200.00 = total bonus money
bonus money as specified in the bid.
$8,400. o0 For
A Development Piat o r other drawing s bowing a drill p tan and d rill sites t hat are not
located on A'rRPORT Park must be submitted with this bid. The City reserves
the right to award this bid based on both price and the most advantageous location of the
drilling locations and sites for pooling purposes.
The successful bidder shall pay the cost of the advertisement of the bid.
Bidders shall submit information of the bidder's reputation and quality of the bidder's oil
and gas services including but not limited to the bidder's financial ability to provide the
oil and gas services, safety record, compliance history and any other relevant information
that the bidder submits to the city for the determination of best value. A letter from the
Kaikoad Commission that the company is in good standing will suffice. (see attached letter)
The successful bidder shall comply with all requirements in the Code of Ordinances for
the City of Denton, Texas. A copy may be obtained in the City Secretary's office or on
the City of Denton's website, www.cityofdenton.com.
A bidder's conference will be held on February25, 2004 at 10:00 a.m. at the City of-
Denton Serv/ce Center Conference Room, 901-B Texas Street, Denton, Texas 76209.
1~< An Oil and Gas lease will be negotiated within thirty (30) days after the successful bidder
is selected.
City shall allow the successful bidder to pool the lease, the land or minerals included in
the lease, or any part of these with any other land, leases, minerals estates or parts of any
of these to form a drilling or spacing unit for the exploration, development, and
production of oil and gas. The City will consider alternative bids on a portion of the
Park lands, described, herein.
By submitting a bid, each bidder agrees to waive and does hereby waive any claim the
bidder has or may have against the City of Denton, Texas, and the City's respective
employees and representatives for the award of attorney fees, arising out of or in
connection with the administration, evaluation, or recommendation of any bid, waiver of
any requirements under the Bid Documents, or the Contract Documents, acceptance or
rejection of any bids, and award of the Bid. By submitting a bid, the bidder specifically
waives any right to recover or be paid attorney's fees from the City of Denton, Texas, or
any oft he City's employees and representatives under any of the provisions oft he Texas
Uniform Declaratory Judgments Act (Texas Civil Practice and Remedies Code, Section
37.001, et. seq., as amended).
The bidder agrees that ti'ds is the intentional relinquishment of a presently existing known
right.
By execution and submission of this Bid, the Bidder hereby represents and warrants to
the City of Denton that the Bidder has read and understands the Bid Documents and the
Contract Documents and this Bid is made in accordance with the Bid Documents. Bidder
acknowledges that it understands all terms within the bid documents, which include the
waiver provisions, and that it had the right to consult with counsel regarding ail of the
above documents.
-6-
By submitting a bid, each bidder agrees to waive and does hereby waive any claim the
bidder has or may have against the City of Denton, Texas and the City's employees,
agents and officers, arising out of or in any way connected with the following:
1. the administration, evaluation or recommendation of any bid;
waiver or deletion of any o f the requirements under the B id Documents or the
Contract Documents;
3. acceptance or rejection of any bids; and
4. award of the Bid or Lease.
By submitting a bid, the bidder acknowledges that the bidder understands all terms of the bidding
documents and consents to the bidding process and the possibility of a negative assessment. By
submitting a bid, the bidder acknowledges and agrees that there was and is no disparity of
bargaining power between the bidder and the City of Denton, Texas.
The bidder agrees that this is the intentional relinquishment of the above listed presently existing
rights.
bid and to reject any and all bids.
Title: PR{~SIr)ENT
ENEXCO~ INC.
Compmny
3131 TURTLE CREEK #1210
DALLAS, TX 75219
-7-
OILAND GAS LEASE BID INSTRUCTIONS
The City of Denton intends to lease property for oil and gas development only, as
described below:
Airport Open Space
Airport Park
This lease is for a non-drill site/pooling agreement for Airport Open Space Property or
Airport Park
Said lease shall be awarded, at the discretion of the City Council, to the highest and best
bidder submitting a bid in accordance with terms as outlined below:
It is the intention of the Council to award the lease to the highest and best bidder
submitting a bid at such public hearing on March 23, 2004; provided that, if in the judgment of
the Council the bids submitted do not represent the fair value of such lease, the Council will
reject all bids, No bids will be considered unless submitted at said hearing. The Council reserves
the right to reject any and all bids for such lease. However, should any bid be accepted, such
lease shall be executed upon a form acceptable to the Council and the Lessee-therein and shall
provide: The Council shall determine the highest and best bidder according to the terms
submitted for the mineral lease, the reputation and quality of the bidder's oil and gas services
including but not limited to the bidder's financial ability to provide the oil and gas services,
safety record, compliance history and any other relevant information that the bidder submits to
the city for consideration.
for a primary term of not more than three (3) years fi:om date of execution. Drill/rig shall
commence in 6 months. Continuous drilling shall be required.
2. for a royalty to be paid Lessor ....... 1/5 .......
said land;
of ali oil and gas produced from
a statement by the Lessee that the royalty to be paid the City is equal to the highest price
paid by the Lessee to any mineral owner in Denton, County; and that if the Lessee pays a
mineral owner in Denton County, Texas a higher royalty percentage during the term of
this lease, the Lessee shall increase the royalty paid to the City so as to equal ti-tis higher
amount.
for an annual delay rental of not less than
Paid Up Lease);
$10.00
per acre. (This is a 3 year
for a shut-in payment of not less than
-8-
$20.00
.per acre;
for bonus money as specified in the bid and with the minimum to be $ 200. OOper acre;
and
the following provisions:
Lessee agrees and obligates itself to restore the surface of ali land that might be
damaged by its operation hereunder as nearly as possible to its original conditions
as s eon a s i t has finished with t he u se o f t he a rea where such damages occur.
Lessee must further agree to indemnify Lessor against any and all claims upon the
part of third persons for damages or injuries of any kind or character that might
arise from the Lessee's operations hereunder,
Lessor prohibits the surface disposal of salt water or oil field waste on the
hereinabove described tract of land.
Co
The use of potable water from the leased premises for water flooding or
secondary recovery is expressly prohibited and the use of such water is restricted
solely to ordinary exploration and production activities.
Lessee must conform to all ordinances regulating oil and gas drilling contained in
the Code of the City of Denton, Texas.
Ingress and e gross t o d rill s ires s hall n et b e allowed t brough t he Airport O pen
Space.
Lessee must satisfy themselves as to title and acquire ail necessary abstracts and
other title information solely at their own expense; the lease form shall contain no
general warranty of title by Lessor.
A Development Plat or other drawing showing the drill plan and drill sites must
be submitted with the bid. Additional gas well sites may be available on the west
side of the airport property subject to the approval by the City. The City reserves
the right to award this bid based on both price and the most advantageous location
of the drilling locations and sites.
An Oil and Gas NomDrill Site/Pooling Agreement will be negotiated within thirty
(30) days after the successful bidder is selected. The oil and gas lease must be
approved by the City Council.
I. The successful bidder shall pay the biri advertisement cost.
K. The City shall allow the successful bidder to pool the lease, the land or minerals
included in the lease, or any part of ttxese with any other land, leases, minerals
estates or parts of any of these to form a drilling or spacing unit for the
exploration, development, and production of oil and gas. Any such arrangement
will prohibit surface use of the Airport Open Space.
By submitting a bid, eaclx bidder agrees to waive and does hereby waive any
claim the bidder has or may have against the City of Denton, Texas, and the
City's respective employees and representatives for t Ixe award o f attorney fees,
arising out of or in connection with the administration, evaluation, or
recommendation of any bid, waiver of any requirements under the Bid
Documents, or the Contract Documents, acceptance or rejection of any bids, and
award of the Bid. By submitting a bid, the bidder specifically waives any right to
recover or be paid attorney's fees from the City of Denton, Texas, or any of the
City' s employees and representatives under any of t he provisions o f t he Texas
Uniform Declaratory Judgments Act (Texas Civil Practice and Remedies Code,
Section 37.001, et. seq., as amended).
Th~ bidder agrees that this is the intentional relinquishment of a presently existing
known right.
By execution and submission of this Bid, the Bidder hereby represents and
warrants to the City of Denton that the Bidder has read and understands the Bid
Documents and the Contract Documents and this Bid is made in accordance with
the Bid Documents. Bidder acknowledges that it understands all terms within the
bid documents, which include the waiver provisions, and that it had the right to
consult with counsel regarding all of the above documents.
By submitting a bid, each bidder agrees to waive and does hereby waive any
claim the bidder has or may have against the City of Denton, Texas and the City's
employees, agents and officers, arising out of or in any way connected with the
following:
1. the administration, evaluation or recommendation of any bid;
2. waiver or deletion of any of the requirements under the Bid Documents or
the Contract Documents;
3. acceptance or rejection of any bids; and
4. award of the Bid or Lease.
By submitting a bid, the bidder acknowledges that the bidder understands all
terms of the bidding documents and consents to the bidding process and the
possibility of a negative assessment. By submitting a bid, the bidder
acknowledges and agrees that there was and is no disparity of bargaining power
between the bidder and the City of Denton, Texas.
The bidder agrees that tkis is the intentional relinquishment of the above listed
presently existing fights.
N. The City reserves the right to waive, delete or amend any of the requirements
connected with this bid.
O. Bids shall be received by the Purchasing Agent, City of Denton Service Center,
90lB Texas Street, Denton, Texas 76209 on March 9, 2004 at 2:00 p.m.. Any bid
received after the specified time of 2:00 p.m. will not be considered.
P. Bids shall be submitted on the City of Denton Bid Form. The bidder may attach
as many additional pages as they deem necessary.
Bidders may contact the City of Denton, Tom Shaw, Director of Purchasing
Agent, City of Denton Service Center, 901-B Texas Street, Denton, Texas 76209
at (940) 349-7100, for clarifications and questions. A bidder's conference will be
held on February 25, 2004 at 10:00 p.m. at the City of Denton Service Center
Conference Room, 901-A Texas Street, Denton, Texas 76209.
-11-
OIL, GAS AND MINERAL LEASE
NON-DRILL SITE/POOLING AGREEMENT
THIS OIL, GAS AND MINERAL LEASE (the "Lease") is made tkis day of
~ 2003 (the "Effective Date"), between The City of Denton, Denton, Texas, acting
herein by and through its Mayor, Euline Brock, duly authorized by resolution to execute this
Lease ("LESSOR"), whose address is: 215 East McKinney, Denton, Texas 76201 and
("LESSEE"), whose address is:
Zip Code ,
WITNESSETH:
1. Lease of Land. LESSOR in consideration of
Dollars ($ ), in hand paid, of the royalties herein provided, and of the agreements of
LESSEE herein contained, hereby leases and lets exclusively unto LESSEE for the purpose of a
non-drill site/pooling agreement for investigating, exploring, prospecting, drilling and mtn/ny for
and producing oil, gas and ail associated minerals, to produce, save, take care of, treat, transport
and own said products, the following described land in Denton County, Texas, to-wit:
Airport Open Space Legal Description:
For all purposes of this Lease, said land is estimated to comprise ~
comprises more or less.
acres, whether it actually
However, there is expressly excepted from this Lease and reserved to LESSOR, its successors
and assigns, ail vanadium, uranium, plutonium, thorium, fissionable minerals and all other
minerals of every kind and character in, on and under the land, except only oil, gas, casinghead
gas and their byproducts and such other hydrocarbon substances, carbon dioxide and sulfur as
are necessarily produced with and incidental to the production of oil and gas, or either of them.
2. Reservation and Surface Use Prohibition. There is hereby excepted and reserved to
LESSOR the full use of the land covered hereby and alt rights with respect to the surface and
subsurface thereof for any and all purposes and al1 minerals except those expressly leased for
pooling purposes and only to the extent herein leased to LESSEE. LESSOR reserves and
excepts from this Lease alt of the surface of the land described in paragraph 1, and LESSEE
agrees t hat i t will not conduct drilling o potations o r a ny o thor operations o r activities o f any
nature on the surface of such land.
3. Primary Term: This is a paid up lease and subject to the other provisions here contained,
this Lease shall be for a term of three (3) years from the Effective Date (the "Primary Term") and
as long thereafter as oil, gas and other nfinerals are produced in paying quantities from said land
or land with which said land is pooled hereunder.
4. Royal .ty:. As royalty, LESSEE covenants and agrees to pay:
- 12-
a. As a royalty on oil (including all hydrocarbons produced in liquid form at the
mouth of the well and also condensate, distillate, and other liquid hydrocarbons recovered
from oil or gas nm through a separator or similar equipment) 1/5 of the gross
productiori or the market value thereof, at the option of LESSOR, the value to be
determined by (i) the highest posted price, plus premium, if any, offered or paid for oil,
condensate, distillate, or other liquid hydrocarbons, respectively, of a like type and
gravity for the field where produced and when nm, or (ii) the highest market price offered
or paid for the field where produced and when run, or (iii) the gross proceeds of the sale
whichever is greater. LESSEE agrees that before any gas produced from the land is sold,
used or processed in a plant, it will be nm, free or cost to the parties entitled to royalties,
through an adequate oil and gas separator of conventional type or other equipment at least
as efficient to the end that all liquid hydrocarbons recoverable from the gas by such
means will be recovered. Upon written consent of the royalty owners, the requirement
that gas be run through a separator or other equipment may be waived upon terms and
conditions as prescribed by them.
b. As a royalty on any gas, which is defined as all hydrocarbons and gaseous substances
not defined as oil in subparagraph 4.b. above, produced from any well on the land
(except as provided in this Lease with respect to gas processed in a plant), 1/5 of
the gross production or the market value thereof, at the option of LESSOR, the value to
be based on the highest market price paid or offered to a third party LESSEE under a gas
purchase agreement negotiated at arms' length for gas of comparable quality and quantity
in the general area where produced and when mn, or the gross price paid or offered to the
producer, whichever is greater.
c. As a royalty on any gas processed in a plant, 1/5 of the residue gas and the
liquid hydrocarbons extracted or the market value thereof, at the option of LESSOR. The
royalty percentage shall be applied to t 00% of the total plant production of residue gas
attributable to gas produced from this Lease, and on 50% or that percent accruing to
LESSEE, whichever is greater, of the total plant production of liquid hydrocarbons
attributable to the gas produced from this Lease; except if liquid hydrocarbons are
recovered from gas processed in a plant in which LESSEE or an affiliate owns an
interest, then the royalty percentage for liquid hydrocarbons shall be 50% or the highest
percent accruing to a third party processing gas through the plant under a processing
agreement negotiated at arms' 1 ength. T he respective royalties o n residue g as and o n
liquid hydrocarbons shall be determined by (i) the highest market price paid or offered
for any gas (or liquid hydrocarbons) of a comparable quality in the general area or (ii) the
gross price paid or offered for such residual gas, or the weighted average gross selling
price for the respective grades of liquid hydrocarbons, F.O.B. the plant in which the gas
is processed, whichever is greater.
d. On all substances, including, but not limited to carbon dioxide and sulfur, permitted
to be produced from the land by virtue of this Lease, and products, except liquid
hydrocarbons, produced or manufactured from gas, and for which no royalty is otherwise
specified in this Lease, LESSOR shall have and be entitled to the royalty percentage of
that produced or saved to be delivered to LESSOR, free of all costs, or, at the option of
LESSOR, which may be exercised from time to time, LESSEE shall account to LESSOR
for the royalty percentage of the market value thereof, which market value shall be
-13-
deemed t o b e t he g rearer o f (i) t he highest market p rice o f e ach product for t he s amc
month in which the product is produced, or (ii) the average gross sale price of each
product for the same market.
e. Accounting and payment to LESSOR of royalties from the production of oil and
gas from any well shall commence no later than rfinety (90) days after the date the well
commences first production. Thereafter, ali accountings and payments of royalties shalI
be made on or before the last day of the calendar month following the calendar month in
wkich the production occurred. Should LESSEE at any time fail to make royalty
payments to LESSOR on or before the last day of the third calendar month foIIowing the
calendar month in which the production occurred, this Lease shall automatically
terminate unless the payments are made within thirty (30) days after written notice is
given to LESSEE. Any royalties provided for in this Lease which are not paid to
LESSOR with/n the applicable time periods specified in this paragraph shall accrue
interest at the same rate as judf~:nents under the laws of the State of Texas from due date
until paid. Acceptance by LESSOR of royalties which are past due shall not act as a
waiver or estoppel of LESSOR'S right to receive or recover any and all interest due
under the provisions of this paragraph unless the written acceptance or acknowledgment
by LESSOR to LESSEE expressly so provides. LESSEE shall pay ali reasonable
attorney's fees incurred by LESSOR in connection with any lawsuit in which LESSOR is
successful in recovering royalties or interest or in terminating this Lease due to
LESSEE'S failure to pay royalties within the periods set forth above.
LESSOR'S royalty shall never bear, either directly or indirectly, any part of the costs or
expenses of producing, gathering, dehydrating, compressing, transporting, manufacturing,
processing, treating or marketing of the oil or gas from the land, nor any part of the costs of
constructing, operating or depreciating any plant or other facilities or equipment for processing
or treating oil or gas produced from the land.
5. Shut-In Gas. If LESSEE drills a well on land which the LESSOR has permitted to be
pooled herewith, which well is capable of producing gas but such well is not being produced, and
this Lease is not being maintained otherwise as provided herein, this Lease shall not terminate,
whether it being during or after the Primary Term (unless released by LESSEE) and it
nevertheless shall be considered that oil and gas is being produced from the land covered by this
Lease. When, at the expiration of the Primary Term or any time or times thereafter, the Lease is
continued in force in this matter, LESSEE shall pay or tender as royalty to the parties who at the
time of such payment would be entitled to receive royalty hereunder if the well is producing, or
deposit directly with LESSOR at its address shown herein, a sum equal to 1/5 for
each gross acre of land subject to this Lease at the time such payment is made. The first payment
of such sum shall be on or before the first day of the calendar month at the expiration of ninety
(90) days from the date the Lease is not otherwise mainta/ned, and thereafter subsequent
payments may be made at annual intervals. LESSEE'S failure to pay or tender or properly or
timely pay or tender such sum as royalty shall render LESSEE liable for the amount due and
shall operate to terminate this Lease automatically.
6. Limit of Shut-In: Notwithstanding anything to the contrary in this Lease, it is expressly
agreed and provided that this Lease cannot and shall not be extended beyond the Primary Term
- t4-
by reason of the shut-in well provisions of Paragraph 5 for any single period of more than two
(2) consecutive years or more than three (3) years in the aggregate.
7. Pooling:. Subject To the reservations and surface use prohibitions of paragraph 2 of this
Lease, LESSEE, at its option, is hereby given the right and power to pool or combine the acreage
covered by this lease or any portion thereof as to oil and gas, or either of them, with any other
land covered by this lease, and/or with any other land, lease or leases in the immediate vicinity
thereof to the extent hereinafter stipulated, when in LESSEE'S judgment it is necessary or
advisable to do so in order to properly to explore, or to develop and operate said leased premises
in compliance with the spacing rules of the Raikoad Commission of Texas, or other lawful
authority, or when to do so would, in the judgment of LESSEE, promote the conservation of oil
and gas in and under and that may be produced from said premises. Units pooled for oil
hereunder shall not exceed forty (40) acres, plus a tolerance of 10 percent (10%) thereof, each in
area, and un/ts pooled for gas hereunder shall not exceed in area 640 acres each plus a tolerance
of ten percent (10%) thereof, provided that should governmental authority having jurisdiction
prescribe the creation of units larger than those specified, for the drilling or operation of a well at
a regular location or for obtaining maximum allowable from any well to be drilled, drilling or
already drilled, units thereafter created may conform in size with those prescribed by
governmental regulations. LESSEE under the provisions hereof, may pool or combine acreage
covered by this lease or any portion thereof as above provided as to oil in any one or more strata
and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata
need not conform in size or area with the unit or units in to wkich the lease is pooled or
combined as to any other stratum or strata, and oil units need not conform as to area with gas
units. The pooling in one or more instances shall not exhaust the rights of the LESSEE
hereunder to pool this lease or portions thereof into other units. LESSEE shall file for record in
the appropriate records o f the county in which the leased premises are situated an instrument
describing and designating the pooled acreage as a pooled unit; and upon such recordation of the
unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of
whether or not the unit is likewise effective as to ail other owners of surface mineral, royalty or
other fights in land included in such unit. LESSEE may at its election exercise its pooling option
before or after commencing operations for or completing an oil or gas well on the leased
premises, and the pooled unit may include but is not required to include, land or leases upon
which a well capable of producing oil or gas in paying quantities has theretofore been completed
or upon which operations for the drilling of a well for oil and gas have theretofore been
commenced. In the event of operations for drilling on or production of oil or gas from any part
of a pooled unit which includes all or a portion of the land covered by this lease, regardless of
whether such operations for drilling were commenced or such production was secured before or
after the execution of tl-fis instrument or the instrument designating the pooled unit, such
operations shall be considered as operations for drilling on or production of oil or gas from land
covered by this lease whether or not the welt or wells be located on the premises covered by this
lease and such event operations for drilling shall be deemed to have been commenced on said
land within the meaning of paragraph 8 of this lease; and the entire acreage constituting such unit
or units, as to oil and gas, or either of them, as herein provided, shall be treated for ail purposes,
except the payment of royalties on production from the pooled unit, as if the same were included
in tkis lease. For the purpose of computing the royalties to which owners of royalties and
payments out of production and each of them shall be entitled on production of oil and gas, or
either of them, from the pooled un/t, there shall be allocated to the land covered by this lease and
included in said unit (or to each separate tract within the unit if ti'tis lease covers separate tracts
within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled
unit after deducting that used for operations on the pooled unit. Such allocations shall be on an
ac?age basis--that is to say, there shall be allocated to the acerage covered by this lease and
included in the pooled unit (or to each separate tract within the unit if this lease covers separate
tracts within the un/t) that pro rata portion of the oil and gas, or either of them, produced from
the pooled unit which the number of surface acres covered by this lease (or in each such separate
tract) and included in the pooled unit bears to the total number of surface acres included in the
pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it
be oil and gas, or either of them, so allocated to the land covered by this lease and included in the
unit just as though such production was from such land. The production from an oil well will be
considered as production from the lease or oil pooled unit from which it is producing and not as
production from a gas pooled unit; and production from a gas well will be considered as
production from t he t ease o r g as pooled u nit from which i t is p reducing and n et from an o il
pooled unit. The formation of any unit hereunder shall not have the effect of changing the
ownership of any shut-in production royalty which may become payable under this lease. If this
lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as
between any such separate tracts is intended or shall be implied or result merely from the
inclusion of such separate tracts within this lease, but LESSEE shall nevertheless have the fight
to pool as provided above with consequent allocation of production as above provided. As used
in this paragraph 7, the words "separate tract" mean any tract with royalty ownership differing,
now or hereinafter, either as to parties or amounts from that as to any other part of the leased
premises.
8. Termination.
a. If, at the expiration of the Primary Term, LESSEE is not engaged in the actual
drilling ora well under the terms of this Lease or if LESSEE has completed or abandoned
a well on the land within thirty (30) days prior to expiration of the Primary Term and is
not, at the expiration of ninety (90) days after the date or completion or abandonment of
the well, engaged in the actual drilling of another well under the terms of this Lease, this
Lease shall then terminate as to all of the land, save and except the following:
Each well producing oil or being reworked, and classified as an oil well
under the rules and regulations of the Railroad Commission of Texas,
together with forty (40) acres around each such well (an "Oil Unit").
Each well producing gas (or capable of producing gas with ail shut~in royalty
having been paid thereon) or being reworked, and classified as a gas well under
the rules and regulations of the Railroad Commission of Texas, together with the
one hundred sixty (160) acres around each such well (a "Gas Unit").
b. Each Oil Unit or Gas Unit shall be in as near the form of a square as reasonably
practicable considering the boundary of the land and the necessity of a legal location of
the well on the unit. Notwithstanding the foregoing, if the Railroad Commission of
Texas or other authority having jurisdiction, by rule or order prescribes a larger or a
smaller number of acres for the purposes of securing the maximum allowable production,
each unit shall be increased or decreased in size as necessary to conform to the number of
acres prescribed by the rule or order, but if the rule or order provides for or permits
~16-
optional sized tracts or spacing, the unit shall be the smallest tract permitted by the rule or
order.
c. If, at the expiration of the Primary Term, LESSEE is engaged in the actual drilling
of a well under the terms of this Lease or if LESSEE has completed or abandoned a
well on the land within thirty (30) days prior to expiration of the Primary Term and is,
at the expiration of ninety (90) days after completion or abandonment of the well,
engaged in the actual drilling of another welt under the terms of this Lease this Lease
shall not terminate so long as LESSEE pursues thc drilling of the well with
reasonable diligence to completion or abandonment and so long as LESSEE
commences the actual drilling of additional and successive wells under the terms of
this Lease at intervals not exceeding ninety (90) days between completion of a well as
a producer or dry hole and commencement of actual drilling of the next well under
the terms of this Lease. If and when LESSEE fails to commence the actual drilling of
a well within the applicable interval (or within the extended time provided in
subparagraph 8.d. below, this Lease shall then terminate to al1 of the land, save and
except the Oil Units and Gas Units provided in subparagraph 8.a. above. Upon
expiration of the Primary Term or the cessation of the continuous drilling program set
forth herein, whichever is later, this Lease shall also terminate as to all depths below
each unit retained as to depths below a depth of one hundred feet (100') beneath the
deepest producing horizon or zone for each unit.
d. If LESSEE, in the conduct of actual drilling operations under tiffs Lease after the
expiration 'of the Primary Term, commences the actual drilling of any next succeeding
well within less than the ninety (90) day time interval specified in subparagraph 8.c. and
thus speeds up the development of the land, LESSEE shall have credit in time for the
accelerated development and may, in the conduct of subsequent actual drilling
operations, take advantage of the credit in time on a cumulative basis and thus extend the
time for the commencement of actual drilling of any subsequent well or wells required to
be drilled under the provisions of this Lease in order to prevent termination of this Lease.
Within ten (10) days of the commencement of the actual drilling of eact~ well under the
terms of this Lease, LESSEE shall give LESSOR written notice of the date 9f
commencement. Within ten (10) days after the completion or abandonment of each well
under the terms of this Lease, LESSEE shall give LESSOR written notice of the date of
completion or abandonment and also of the time credit, if any claimed by LESSEE as a
result of having commenced the actual drilling of the well within less than the required
interval. //LESSEE fails to timely so notify LESSOR in any of these respects, LESSEE
shall not be entitled to any credit in time for accelerated development. Nottfing contained
in this paragraph shall relieve LESSEE of any offset obligation arising by implication or
under the terms of this Lease, but any well drilled by LESSEE to satisfy an offset
obligation will entitle LESSEE to me privileges of this paragraph.
9. Removal of Equipment, Subject to the surface use prohibitions of paragraph 2,
LESSEE shall have the right at any t/me during and for one hundred eighty (180) days after the
expiration of this Lease to remove alt casing. Thereafter, it shall be deemed abandoned to
LESSOR. If LESSEE fails to remove such property, casing and fixtures within such 180 day
period, at Lessor's option, ownership of the same Mil vest in LESSOR, LESSOR'S successors
- 17-
and assigns or LESSOR, at its option, may require the removal of said equipment in addition to
all other remedies to which LESSOR is entitled under law.
1~. Assignment. The rights of either party hereunder may be assigned in whole or in part,
and the provisions hereof shall extend to and bind their respective heirs, successors and assigns;
but no change or division in ownership of the land, rentals or royalties, however accomplished,
shalI operate to enlarge the obligations or diminish the rights of LESSEE.
11. Title. LESSOR does not warrant or agree to defend the title of the lands covered hereby.
LESSEE takes this Lease without warranty of title either express or implied. If LESSOR owns
an interest in the oil, gas and minerals leased hereby tess than the entire fee simple estate, then
the royalties, or other monies accruing from any part of the land to which this Lease covers less
than such full interest shall be paid to LESSOR only in the proportion which LESSOR'S interest
therein, if any, bears to the whole and undivided fee simple mineral estate therein. It is the sole
responsibility of LESSEE to determine the LESSOR's mineral interest. The bonus payment paid
for tiffs Lease shall be deemed to be final if no title problems are submitted for resolution within
ninety (90) days of the Effective Date.
12. Force Maieure: When drilling, production or other operations under the terms of this
Lease or land pooled with such land, or any part thereof are prevented, delayed or interrupted by
£~re, storm, flood, war, rebellion, insurrection, sabotage, riot, strike, or as a result of some law,
order, role, regulation or necessity of governmental authority, either State or Federal, the Lease
shall nevertheless continue in full force and effect and be extended for the period such drilling,
production and other operations are so prevented, delayed or interrupted. LESSEE shall not be
liable for breach of any express or implied covenants of this Lease when drilling, production or
other operations are so prevented, delayed or interrupted, except that nothing in this paragraph 12
shall be construed to suspend the payment of delay rentals, shut-in royalty or any other amount
otherwise required to maintain this Lease in effect.
13. Designation of Gas Unit.
a. Upon completion of the first well as a producer of oil and/or gas in paying
quantities (whether the fn:st or a subsequent well drilled), LESSEE shall designate an
approximately sized drilling unit around said first producing well, all out of the above
described property, by filing a written designation in the Deed Records of Denton County
Texas and shall provide LESSOR with a copy of such unit designation.
b.. If a second well is completed as a producer of gas in paying quantities, LESSEE
shall again designate an ,[pproximately sized drilling unit around said second producing
well, all out of the above described property, by filing a wr/tten designation in the Deed
Records of Denton County, Texas and shall provide LESSOR with a copy of such unit
designation. LESSEE shall designate all drilling units in a fair and reasonable manner so
that the remaining acreage not included in the drilling units is capable of being drilled or
pooled with other lands.
-All-designations-of-units as-provided-in this~pamgr~hq-3-shatl-be-fi~-aeeerdancew4th and-subjee~ ....
to the provisions of paragraph 8 above.
-18-
14. Indenmifieations and Insurance. LESSEE shall provide or cause to be provided the
insurance described below for each welt drilled under the terms of this Lease, such insurance to
continue until t he w eli i s abandoned and t he s itc restored. Such insurance s hall provide t hat
LESSOR shall be a co-insured, without cost, and that said insurance can not be canceled or
terminated without thirty (30) days prior notice to LESSOR and ten (I0) days notice to LESSOR
for nonpayment of premiums.
a. General Requirements. Indemnification and Express Negligence Provisions.
LESSEE shall expressly release and discharge, all claims, demands, actions, judgments, and
executions which it ever had, or now have or may have, or assigns may have, or claim to have,
against the LESSOR, it agents, officers, servants, successors, assigns, sponsors, volunteers, or
employees, created by, or arising out of personal injuries, known or unknown, and injuries to
property, real or personal, or in any way incidental to or in connection with the performance of
the oil and gas drilling and production performed by the LESSEE under this lease and the
LESSEE shall fully defend, protect, indemnify, and hold harmless the LESSOR, and/or its
departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers
from and against each and every claim, demand, or cause o faction and any and all liability,
damages, obligations, judgments, losses, frees, penalties, costs, fees, and expenses incurred in
defense of the LESSOR, and/or its departments, agents, officers, servants, or employees,
including, without limitation, personal injuries and death in connection therewith which may be
made or asserted by LESSEE, its agents, assigns, or any third parties on account of, arising out
of, or in any way incidental to or in connection with the performance of the oil and gas well
drilling and production performed by the LESSEE under this lease and, the LESSEE agrees to
indemnify and hold harmless the LESSOR, and/or its departments, and/or its officers, agents,
servants, employees, successors, assigns, sponsors, or volunteers fi:om any liabilities or damages
suffered as a result of cia/ms, demands, costs, or judgments against the LESSOR and/or, its
departments, it's officers, agents, servants, or employees, created by, or arising out of the acts or
omi.ssions of the LESSOR occurring on the drill site or operation site in the course and scope of
inspecting and permitting the gas wells INCLUD/NG, BUT NOT LIMITED TO, CLAIMS AND
DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE
LESSOR OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE
AND SCOPE OF ITS DUTIES UNDER THIS LEASE.. IT IS UNDERSTOOD AND AGREED
THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY
EXTENDED BY THE LESSEE TO INDE~Y AND PROTECT THE LESSOR AND/OR
ITS DEPARM[ENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF DENTON, TEXAS AND/OR
ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OK EMPLOYEES, WHETH]ER
THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE
RESULTANTANT INJIJRY, DEATH, AND/OR DAMAGE.
b. All policies shall be endorsed to read "THIS POLICY WILL NOT BE
CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
TO THE OWN'ER AND THE CITY EXCEPT W-HEN THIS POLICY IS BEING CANCELLED
FOR NONPAYM]ENT OF PREMIUM, IN WHICH CASE I0 DAYS ADVANCE WRITTEN
NOT]iCE IS REQUIRED".
c. Liability policies shall be written by carriers licensed to do business in Texas and
with companies with A: VHI or better rating in accordance with the current Best Key Rating
Guide, or with nonadmitted carders that have a financial rating comparable to carriers licensed to
do business in Texas approved by the City.
d. Liability policies shall name as "Additional Insured" the city and its officials,
agents, employees, and volunteers.
e. Certificates of insurance must be presented to the City evidencing all coverages
and endorsements required by this Section 35-508, and the acceptance of a certificate without the
required limits and/or coverages shall not be deemed a waiver of these requ/rements.
f. Claims m adc policies w ill not b e accepted except for excess policies o r unless
otherwise provided by this Article.
g. Required Insurance Coverages
Commercial General Liability Insurance. Coverage should be a minimum
Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and
Property Damage. This coverage must include premises, operations, blowout or
explosion, products, completed operations, blanket contractual liability,
underground property damage, broad form property damage, independent
contractors protective liability and personal injury.
2. Environmental Impairment (or Seepage and Pollution) shall be either
included in the coverage or written as separate coverage. Such coverage shall not
exclude damage to the lease site. If Environmental Impairment (or Seepage and
Pollution) Coverage is written on a "claims made" basis, the policy must provide
that any retroactive date applicable precedes the effective date of the issuance of
the permit. Coverage shall apply to sudden and non-sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids or gases, waste material or other irritants, contaminants or
pollutants.
3. Automobile Liability Insurance. Minimum Combined Single Limit of
$500,000 per occurrence for Bodily Injury and Property Damage. Such coverage
shall include owned, non-owned, and hired vehicles.
4. Worker's Compensation Insurance. In addition to the mi~{rnum statutory
requirements, coverage shall include Employer's' Liability limits of at least
$100,000 for each accident, $t00,000 for each employee, and a $500,000 policy
1/mit for occupational disease, and the insurer agrees to waive rights of
subrogation against the city, its officials, agents, employees, and volunteers for
any work performed for the city by the LESSEE.
5. Excess (or Umbrella) Liability Insurance. Minimum limit of $10,000,000
covering in excess of the preceding insurance policies.
Control of Well Insurance.
~ 20 -
a. Mtn/mum limit of $5,000,000 per occurrence.
b. Policy shall cover the Cost of controlling a well that is out of
control, Redrilting or Restoration expenses, Seepage and Pollution Damage.
Damage to Property in the LESSEE's Care, Custody, and Control with a sub-lirrfit
of $500,000 may be added.
15. Offset Well Requirement. In the event a well or wells producing oil and gas in any.
quantities that should be brought in by LESSEE or any otherLESSEE on adjacent lands and
within 330 feet of the land or lands pooled, by permission of LESSOR, with such lands, LESSEE
agrees to drill such offset wells as a reasonably prudent LESSEE would dr/Il under the same or
similar circumstances.
16. Location of Drillin~ Activit'v, Pipelines and Equipment: No drilling activity shall be
conducted on and no pipelines, equipment or other structures shall be placed on or under any
pavement, concrete or asphalt or any other improved surface area situated on the above described
land. The location of any pipelines installed by LESSEE shall be approved in advance by
LESSOR, shall not be located on the lands covered by this Lease, and shall be situated along
routes that least interfere with LESSOR's existing or future use of the surface. No equipment or
roads shall be built on city property.
When required by LESSOR, LESSEE will bury all pipelines at a depth of six feet (6'), and the
location of wells shall comply with Chapter 29, Fire Code, of the Code of Ordinances of the City
of Denton, as amended, and ail other applicable laws; provided, however, in no event will any
such activities or operations be conducted on the surface of the lands covered by this Lease,
17. Compliance with Laws: LESSEE shall comply with all applicable rules, regulations,
ordinances, statutes and other laws in connection with any drilling, producing or other operations
under the terms of this Lease, including, without limitation, the oil and gas well regulations of
the City of Denton.
18. Lease Assignment: The assignment of this Lease by LESSEE, or any successor
LESSEE, shall not relieve LESSEE, or any such successor, from its obligations hereunder.
LESSOR may, unless it agrees to the contrary, look to the LESSEE and/or any successor of
LESSEE for performance of any one or more of such obligations.
19. Water: LESSEE shall not use any water in, on, or under the above-described land.
20. Dilil~e.n.t, Good Faith Operations. Each well drilled under this Lease shall be drilled
with reasonable diligence and in good fa/th and in a good and workmanlkke manner in a bona
fide attempt to product oil, gas and associated minerals therefrom.
21. Captions and Headings: The captions and headings in this Lease are/'or convenience
only and shall not modify, change, amend, alter, or affect the true meaning of any paragraph,
__s..e_ntenc_e,_c.I_ause, phrase, or words herein.
22. Memorandum of Lease. LESSOR and LESSEE agree that a memorandum of lease
shall be filed of record in the Official Records of Denton County, Texas, evidencing this Lease
and the provisions contained in such memorandum to the parties hereto, the land covered by the
Lease, the term of the Lease and notice provisions informing the public of the existence of the
Lease.
23. FAA Rules and Regulations. No drillLug activity or any otI~er activity shall be
conducted on any portion of the above described land in contravention of any Federal Aviation
Administration ("FAA") rule or regulation or which interferes with any future expansion plan for
runways or taxiways. LESSEE shall make inquiry with the proper officials of the FAA and
obtain all necessary approvals, consents or waivers prior to the location of any drill site on the
subject property to verify compliance with all applicable FAA rules or regulations. LESSEE
shall provide LESSOR with copies of all waivers or other documentation issued by the FAA
indicating approval of well site locations or any other operations prior to the commencement of
operations.
24. Subordination and Stipulations Required by FAA. This Lease recognizes that the
Denton Municipal Airport was acquired and developed with aid and/or grant of land from the
United States. Copies of such grants are available for review at the office of the City Manager in
Denton. These grants include a number of obligations and commitments to the general and
flying public, to the State of Texas, and to the United States. In addition to the above general
obligations and commitments, this Lease is subject and subordinate to and is controlled by all the
provisions, stipulations, covenants, and agreements in that certain indenture by and between the
United States of America and the LESSOR and it is understood that the LESSEE agrees to abide
by and enforce all of the provisions, stipulations, covenants, and agreements incorporated in the
foregoing instrument the same as if set out in full herein. Th/s Lease is subject to approval by
the FAA and shall be effective only as of the date of such approval. The following agreements
and understandings are specifically enumerated to comply with FAA stipulations:
a. It is further especially agreed by the parties hereto that no structures or obstructions,
temporary or otherwise, shall be erected which will be in v/olation of the Federal Aviation
Regulations Part 77 (Criteria for Determining Obstructions to Air Navigation), unless otherwise
approved in writing by the FAA.
b. Without the prior specific approval of the FAA no surface operations shall be conducted
upon any of the lands covered by this Lease closer than the distances set forth in the sub-
paragraph above, or within the safety areas of said improvements, including ingress and egress of
vehicular traffic.
c. It is specifically understood and agreed that the LESSEE and its successors and assigns
shall give to the City of Denton and the FAA, notice in writing of the location of any
contemplated well and the route of ingress and egress to such well adjacent to the Airport Open
Space and that if neither the FAA nor the City of Denton objects to said location within a period
of thirty (30) days fi:om the receipt of written notice thereof, the said LESSEE and its successors
and assigns may proceed to drill the well at the location specified in said notice, provided same
....... ~oe.s~ot-contra~he~pr-ovisions-of-this-Lease~r_the 5.u'ther~ r. extric~_ions_anctmhl/.gxtinus_-
imposed by the City of Denton.
- 22 -
d. This written notice shall not relieve the LESSEE from obligation for filing a Notice of
Proposed Construction or Alteration, FAA Form 7460~1, if required by Federal Aviation
Regulations, Part 77, Subpart B.
e. Also it is agreed, that in the event a well is drilled on the land within the Pooling Unit,
then such drilling operations shall be prosecuted continuously, with due diligence, until same
results in production or a dry hole. A 11 temporary structures used in such drilling operations
shall be painted and lighted in such a manner as prescribed by the FAA, and further provided that
no permanent structures of any kind used in the development, production or transportation of oil,
gas and other minerals shall be placed on the above described land in such manner as to interfere
with or introduce hazard to the operation of the aircraft.
f. Further, it is agreed that in the event any drilling operations for oil, gas, or other minerals
result in production, LESSEE at its own expense shall mediately remove all temporary
structures and place al1 semi-permanent or permanent equipment in such manner as will not
interfere with o r introduce any hazard t o t he operation o f t he aircraft. I n event such drilling
operations result in a dry hole, then LESSEE shall at its own expense immediately remove all
temporary structures used in such landing operation and level the area so that it may be safely
used for landing or taxiing aircraft.
g. LESSEE shall not interfere with the access roads to the City of Denton Airport, and shall
not interfere with any other person or agency having a lawful right to use the above-described
land.
h. During time of war or national emergency, LESSOR shall have the right to use the airport
open space or any part thereof to the United States Government for military or naval use, and if a
lease is executed with the United States Government, the provisions of this Lease insofar as they
are inconsistent with the provisions of the Lease to the Government, shall be suspended.
25. Entire A~reement. This Lease states the entire contract between the parties, and no
representation o r promise, verbal o r written, o n behalf o f either p arty s hall b e binding unless
contained herein; and this Lease shall be binding upon each party executing the same, regardless
of whether or not executed by ail owners of the above described land or by all persons above
named as "LESSOR", and, notwithstanding the inclusion above of other names as "LESSOR",
this term as used in this Lease shall mean and refer only to such parties as execute this Lease and
their successors in interest.
IN WITNESS WHE~OF, this instrument is executed on the date first above written.
CITY OF DENTON, TEXAS - LESSOR
EULINE BROCK, MAYOR
- 23 -
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CORPORATION
BY:
STATE OF TEXAS §
COUNTYOF DENTON §
Before me, ............. , the undersigned notary public, on this day
personally appeared , the
of Oil Corporation who is known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed
that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office th/s __ day of
,2003.
Notary Public
- 24 -
HJ. ItON -~
AGENDA INFORMATION SHEET
AGENDA DATE: April 6, 2004
DEPARTMENT:
CM/DCM/ACM:
Planning and Development Department
Jon Fortune, Assistant City Manager
SUBJECT - Z03-0032: (Northlake Baptist Church)
Hold a public hearing and consider adoption of an ordinance approving a Detailed Plan
for Planned Development 115 (PD-115) for approximately 9.1 acres. The property is
generally located at the southwest corner of US Highway 77 and Bonnie Brae. A church
is proposed. The Planning and Zoning Commission recommends approval (7-0).
BACKGROUND
Applicant: New Hope Missionary Baptist Church
Corinth, TX
The applicant is requesting the approval of a Detailed Plan for a 10,000 square foot
church building. The proposed detailed plan is part of the 232.6 acre Planned
Development 115 (PD-115) approved in 1986. The proposed detailed plan includes 49
parking spaces to accommodate the present congregation (Phase 1 of parking
improvements) with an ultimate parking capacity for 77 spaces, and a 61-foot tall cross
tower (for comparison purposes, the height of the proposed church building is 31.5 feet).
At the time of the PD-115 approval, no site design standards requirements were in place.
As a Planned Development, the site design standards would not be applicable. However,
the Development Code site design standards are utilized as benchmarks for comparison
with proposed changes to PDs as well as projects on all adjacent properties. For
comparison purposes, under the New Code zoning designations the proposed
development would be subject to Section 35.13.13.4.A.4 of the Development Code site
design standards regarding building orientation. The applicant is proposing parking areas
between the building and the street. The church site is elevated approximately 11 feet
above road grade for US Highway 77, thereby minimizing the visual impact of the
parking areas along US Highway 77. The applicant is also providing additional tree
canopy across the site representing 6.2% above the required 20% tree canopy, additional
landscaping representing 50.2% above the required 10% landscaping, and is planting
larger street trees at the time of planting. The Code requires 2-inch street trees; however,
the applicant is proposing 3-inch street trees.
The City Council at its March 23, 2004 meeting approved the amendment to the 1986
approved Concept Plan to allow a church as a permitted use.
Regional Center Commercial Downtown (RCC-D) districts surround the subject site
along the North, East, and West. PD-115 is also located to the South. The subject site is
located across the street from the UNT Research Park (former TI Plant). The site would
be accessed from Highway 77 (Elm Street).
No neighborhood meeting was held for this zoning request. Public notification
information is provided in Attachment 3. As of this writing, staff has received no
responses in favor or in opposition from property owners within 200 feet of the subject
site.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the Detailed Plan as
proposed by the applicant. No conditions modifying the proposed 61-foot tall cross-
tower were recommended.
ESTIMATED PROJECT SCHEDULE
The subject property is not platted. A final plat is required prior to the issuance of any
building permits.
PRIOR ACTION/REVIEW
The City Council at its March 23, 2004 meeting approved the amendment to the 1986
approved Concept Plan to allow a church as a permitted use.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map)
4. Photos
5. Detailed Plan
6. March 10, 2004 Planning and Zoning Commission Minutes
7. Ordinance
Prepared by:
Deborah Viera, AICP
Planner II
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary_ of Zoning Request
The applicant is requesting the approval of a Detailed Plan for a 10,000 square foot
church building. The detailed plan includes 49 parking spaces to accommodate the
present congregation (Phase 1 of parking improvements) with an ultimate parking
capacity for 77 spaces, and a 61-foot tall cross tower (for comparison purposes, the height
of the proposed church building is 31.5 feet). The proposed detailed plan deviates from
the Section 35.13.13.4.A.4 of the Development Code site design standards regarding
building orientation. This proposes parking areas between the building and the street.
Existing Condition of Property
Property History. February 20, 2002 - The subject property retained the Planned
Development 115 (PD-115) zoning status and land use classification by Ordinance 2002-
040.
Adjacent zoning and land uses.
North:
South:
East:
West:
Regional Center Commercial Downtown (RCC-D)
Planned Development 115 (PD-115)
Regional Center Commercial Downtown (RCC-D)
Regional Center Commercial Downtown (RCC-D)
Comprehensive 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.
According to the Denton Plan, institutional facilities, including churches, are within the
scope of Regional Centers and could be strategically used to prevent strip development
along the major City thoroughfares and to guide new development.
"Institutional includes uses such as churches, government facilities, museums,
schools, hospitals, medical clinics, libraries, and military bases. Civic land uses
should be used to the maximum extent possible to lead and guide development.
The community should invest in civic development that serves as local landmarks.
Civic land uses can be organized to provide focus for regional, community, and
neighborhood activity centers. Civic land uses can be located to provide shared
facilities and most efficient use of land. Civic land uses can be used to prevent
strip commercial development along the regional and community highway
system." (19. 52)
4
The proposed church is in compliance with the DeNon Plan
Development Review Analysis
Transportation
A Traffic Impact Analysis (TIA) would be required for any portion of this property prior
to any development that could generate more than 1,000 vehicular trips per day or 100
vehicular trips per peak hour. The TIA must demonstrate that there is adequate traffic
related infrastructure to support the proposed development uses. Right-of-way dedication
for US Highway 77 (Elm Street) and Bonnie Brae will be required prior to developmeN.
Access
The proposed developmeN will be required to take access from US Highway 77 (Elm
Street).
Road Capacity
The DeNon Mobility Plan ideNifies US Highway 77 (Elm Street) as a primary major
arterial. This road is designed to be a six (6) lane divided street without parking,
providing six (6) lanes of through traffic. As such, its designed traffic capacity allows for
a tolerable traffic flow of up to 27,900 trips per day. US Highway 77 is currently
constructed with four (4) lanes without parking.
The DeNon Mobility Plan ideNifies Bonnie Brae as a secondary major arterial. This
road is designed to be a four (4) lane undivided street without parking, providing four (4)
lanes of through traffic. As such, its designed traffic capacity allows for a tolerable
traffic flow of up to 14,900 trips per day. Bonnie Brae is currently constructed with two
(2) lanes without parking.
Development Review
There is a difference of 11-foot grade separation between the church site and US
Highway 77. The proposed parking area is above the visual level of motorists and its
visual impact is minimized. The applicaN is also providing additional tree canopy across
the site represeNing 6.2% above the required 20% tree canopy, additional landscaping
represeNing 50.2% above the required 10% landscaping, and is planing larger street
trees at the time of planting. The Code requires 2-inch street trees at the time of planting;
however, the applicant is proposing 3-inch street trees.
The proposed 60-foot cross tower will be approximately 29 feet above the proposed 31.5
foot tall church building. The proposed cross-tower will be almost twice the height of the
proposed building. The site will elevate the proposed cross-tower by 11 feet.
STAFF RECOMMENDATION
Staff recommends approval of Z03-0032 with the following condition:
1. The height of the proposed cross-tower shall not exceed 50 feet measured at the
base of the structure.
ATTACHMENT 2
Maps
NORTH
LOCATION AND ZONING MAP
FUTURE LAND USE MAP
ATTACHMENT 3
Public Notification
Notification Map
NORTH
LOOP 288
SITE
Scale: None
Newspaper Notification Date: February 29, 2004
Percent of land within 200' in opposition: 0%
200' Legal Notices* sent via Certified Mail: 6
500' Courtesy Notices* sent via 1st Class Mail: 5
· In Favor: 0
· Opposed: 0
· Neutral: 0
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX
76201
ATTACHMENT 4
Site Photographs
ATTACHMENT 5
Proposed Detailed Plan
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Attachment 6
Page 45
COMMISSIONER MULROY: Our nOEl item, Numb~
4C is a Detailed Plan Development. Ms. Vi~ra will
present. I will open the public heating.
MS. vtm~: oecd evening, Chairman,
Commission. This item is concerning a detailed plan for
Planned Development 115 for the purpose of a church
building located at the southwest comer of Bonnie Brae,
and us Highway 77 commonly known as Elm' Street.' During
the last time -- meetlng, thls Cornmlsslon approved an
amendment to the Concept Plan to allow thc church as a
permitted usc within PDq ts.
The applicant is proposing a church
building within this site in addition to a cross tower.
Tho proposed site plan deviates from thc site design i
standards by providing parking areas within or between the
1
2
3
4
5
6
7
8
9
1o
11
12
13
14
15
~ Page 47
to Chaptexs 15 of thc Development Code that says for this
location the maximum height that could be allowed would be
20 feet.
correct?
right-of-way and the building.
The site is currently elevated
approximately 11 feet above the street grade; therefore,
it has minimized the effect of having parking areas
affront -- or along the front of the building.
The applicant is also proposing a 6I-foot
cross tower for this site. For comparison purposes, the
proposed building, it is 31.5 feet tail. According to the
COMMISSIONER JOHNSON: Above ground Ievcl?
MS. V~ERA: Above ground level, that's
COMMISSIONER JOHNSON: And the building
MS. mEP.~ st.~. Thc 20 is only for
PLANNING AND ZONING COMMISSION MARCH I0, 2004
16
17
18
19
20
21
~22
23
saying make it 50 feet instead of 20 feet. So what's your
logic there? '
MS. VIERA: okay. This is a Planned
Development that allows tho applicant to modify tho
regulations of the Code. That's why the flexibility of
Planned Development.
COMMISSIONER JOHNSON: okay. But his
proposal was 60 feet?
Denton Plan -- I will say the Denton Development Code, the
cross tower will bc considered.a signage for'thc site.
Page 46
Thc maximum height for any site for this t
location will be 20 feet. The applicant is proposing 2
three times that height. Staff is recommending approval
of the detailed plan with a condition that the cross tower 4
pad will be decreased to 50 foot measured at the base of 5
the structure. Staff is available to answer any questions
that you have. I believe the applicant is here to address
some of your questions as well.
COMMISSIONER MULROY: Mr. Johnson.
COMMISSIONER JOHNSON: Explain to me one
more time how YOu came up with 50 feet.
MS/VIERA: well, if-- starting from the
'proposal, that is 60 -- about 61 feet tall, cross tower,
'and the site is already elevated 1'i 'feel across'the street 14
grade, if they would Use ten feet, it would be equivalent i 15
if you add those 11 feet that that site is elevated.
That's why staff proposed at 50 feet ...........
COMMISSIONER JOHNSON: okay. So the ground
level is -- the building is 31 feet above ground level,
fight?
MS. VIERA: That's correct.
COMMISSIONER JOHNSON: And so you're saYing
to allow 20 foot additional for the cross for the sign as
the height of the sign, fight?
MS. VIERA: NO. The 20 foot is according
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MS. VIERA: That's correct, · ·
COMMISSIONER JOHNSON: And you're saying 50
Page 48
feet?
MS. VtEI1A: That's correct.
COMMissiONER JOHNSON: ?hat sounds
arbitrary. I mean, it sounds like if you go back to the
reasoning, it says 20 feet because that's the Code.
You've come up with 50 feet when he wants 60 feet, so why
shouldn't we give him the 60 feet?
MS. XaEeOu t was taking into consideration
the elevation of the pad site which is 11 feet. So if you
start from those extra 11 feet that they already have
because of the elevation of the site, pIus the 50 if the
sign is approved as staff is recommending, the)' will have
the 60 from the street grade.
coMMIssIONER JOHNSON: SO if he were
building it on a 60-foot high hill, you would say zero
feet?
MS. Vie. aA: staff is trying to accommodate
as much as possible the applicant proposal.
COMMI~SIONEP, MULROY: The~"r~ tough, aren't
they, Deborah? Okay. I have a question for legal, if !
may Bob, before I get to you.
COMMIssIONER POWELL: GO ahead.
COMMISSIONER MULROY: I would just like to
clarify the requirements of a Planned Development. A
Planna:l I~velopment is its own zoning division. And it's
Page 45 - Page 48
signage.
COMMIssIONER .IOHN$ON: So then by the
Development Code, the sign can only be ten feet less high
than the building, right?
Ms. viE_~,: That's correct.
COMMISSIONER JOHNSON: And y~: you're
DRAFT
Page
1 my understanding it's not required to meet the Development 1
2 Code or the de,sign chapter, that's why you have a Planned 2
3 Development that you custom make that development. That's 3
4 what the ?D historically has l:n:~n; is that correct? 4
5 Ma. M~r~: That's correct because the~e 5
6 are -- theie are left from -- really from the old Code, 6
7 and not the new Development Code, and essentially Planned 7
8 .Developments were left in thc -- certain Planned. ' 8
9 Developments were left to be allowed to continue as 9
10 Planned Developments. 10
11 Planned Developments was a special unit to 11
12 give flexibility to these sites to allow projects as they 12
13 came in because there were certain concept phns actually 13
14 -- did when the Planned Deveiopments were developed,, that 14
15 these -- that what happened is that PO'S were there to 15
: 16 allow the flexibility that -- to have this flexibility, 16
17 the usual Code, rules and regulations might not apply or 17
18 may not help the development proceed properly. 18
19 So this is why our Planned Development and 19
20 essentially the approval of the Detailed Phn is really 20
21 what you're allowing. That's what -- those are the 21
22 conditions. Those are what the rules are. 22
23 COMMISSIONER MU-~OY: what I was trying to 23
24 discern with my fellow Commissioners, before the adoption 24
25 of the new Code, many of our projects were done under . 25
Page 50
i eD's, and basically, every design and design criteria, was 1
2 brought forward. The Code was to shorten that process and 2
3 make it more administrative with a set of conditions. A 3
4 handful of Phnued Developments were elected by Council to 4
5 be carried through to continue on the old way. So my 5
6 point would be that the phrasing would be more appropriate 6
7 to say not that the Code requires, or this is a Code 7
8 requirement, therefore, we're talking about dimensions and
9 heights. It would be appropriate to point out if it was 9
10 done under the new 'Code, ts:re would be your limitations, 10
11 but those limitations really don't apply b~cause it's a · 11
12 Planned Development and you have total discretion here at 12
13 the dais. 13
14 " Ms. we~,~:. YeS. Staff concur. I would 14
15 also want to bring to your attention that the purpose of .. 15
16 eD, it was a two-way purpose. It is to provide the 16
17 flexibility, of.'7 to the dev.elopers to get a different ..... 17
18 product that otherwise they wouldn't be able to get, but 18
19 just the letter of the Code, but at the same time, there's 19
20 supposed to be superior, and provide a better quality, a 20
21 better development. It was a two-way avenue. 21
22 COMM/SStONER MULROY: Thank you, Deborah. 22
23 Mr. Powell, now, if you will come forward with your 23
24 question. 24
25 COMMISStON~ eOWaLt: ~eborah, if I may. 25
DRAFT
Page 51
I'll try not to be as tricky as Mr. Johnson. ts there any
type of safety or sight or view problem with this tower if
it was 60 foot? Is it blocking any view or is it a sight
problem? That's s-i-g-h-t, not s-i-t-e, or is there a
safety problem?
MS. VlF~: within this area of town, which
is the northern part of town, there are not too many
developments going on besides the t~rr research part across
the street, pretty much this is a blank canvas at this
point of time.
COMMISSIONER POWELL: SO we don't have any
airplane safety problem or anything like that?
MS. WERA: NO, because this is not part of
the airport district.
COMMISSIONER POWELL: One mor~ question.
IS this cross tower to be lit or back-lighted or anything?
MS, XaE~: x believe it's not, but the
applicant is here to answer any question that you may
have.
COMMISSIONER POWELL: Thank you.
COMMISSIONER MULRO¥; If there's no furthe~
questions of Ms. Viera, I would ask that thc applicant
come forward at this time. And, sir, if you'll slate your
name and address for us, please.
MR. ALLEN: Members Of th6 Commission, my
Page 52
name is Mike Allen with Alien and Ridinger. I'm the Civil
Engineer for the site.
COMMISSIONER MULROY: Mil(e, hold tile mike
closer to Mike, would you?
MR. ALLEN: IS that better?
COMMISSIONE~ MULROY; Yeah. That's a lot
better.
MR, ALLEN: My name is Mike ,Mien with
Allen and Ridinger Consulting, 109 West Main, Lowisviile,
Texas. We're ~ Civil Engineers for the site. And with
that, I've got a short presentation that hopefully will
outline some of the, I guess -- I don't want to call them
variances, but deviations from L if we were under the
original Code that we were trying to aceornmodate with
staff.
This f~st slide is the detailed plan. I
think all of you have that in your packet. There's two
things, b~ically, that we're asking. One is to allow
parking between the church sanctuary and us 77. And the
second element that we're asking for deviation for is
obviously thc cross towns and thc h~ight of the cross
towers.
This next slide is the landscape plan. The
church recognizes th~ request they're making with regards
to the parking and the cross towers. And knowing that,
PLANNING AND ZONING COMMISSION MARCH 10, 2004
Page 49 - Page 52
DRAFT DR F_I
Page 53
I the church has tried to increase the landscaping, use thc
2 site topography, and the distance from 377 to help offset
3 some of the visual cues that you would get from parking
4 adjacent to the sanctuary.
5 The ~st visual buffer that you'll notice
6 are the timber of' street trees along US 77. The second
7 buffer are additional street trees to the west of the
8 parking in question, There's also a hedge row that helps
9 to screen that parking.
10 · Additional street trees or additional trees
11 in and around the parking itself, and, finally, an
12 additional hedge row that screens the parking from uS 77.
I3 This second slide is to try and give you a
14 . representation of the differences in grade as well as
15 distance from US 77 to the first row of parking. As
16 Deborah mentioned, the difference in height from us 77 to
17 the first row of parking is approximately 12 feet.
18 In addition to that, the distance from the
19 travel lanes of us 77 tO the fa'st row of parking is
20 approximately 90 feet. That being Said, the overall
21 landscaping for our site exceeds existing Codes for the
22 City. The tree canopy exceeds the requirements for the
23 City. We have a solid hedge row between the parking in
24 question and tls ?7. The elevation is, obviously, you
25 ' know, approximately 12 feet between the first row of
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Page 54
parking and us ?? as well -- and that acts as a natural
buffer. I mean, essentially, you sort of have a berm
And, finally, like I said earlier, we're 90
feet, approximately, from the first row of parking to us
77. So in summary, we believe that Northlake, you know,
will be a valuable asset to the community. You know, we
believe the site conditions and the proposed landscaping
exc~l the intents of the PP.
Finally, we look forward to becoming a
meanber of the Community. The Church is really exc~ted
about this project. With that, I'll entertain anY '
questions.
coMhlsSI0NER MULRoY: Mr. RoY.
COMM~SSIO~ ROY: SOW did you come up with
a height of the cross tower7
........ ~t. Attm,~: The height of.!he cross, tower
I guess I need to clarify that. It's not molly siguage
per se. There's not going to be North Lake Baptist Church
marquis on the cross towea's. It's simply a monument. The
intent of the cross towers is to let people know that
there's a church in that area and to honor christ. But as
far as how they developed a 60-foot height, I can't really
speak to why that's magical, no, sir.
COMMISSIONER ROY: Thank you.
$
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Page 55
COMMISSIONER MULROY: Mr, Powell.
COMMiSSIONER POWELL: DO yOU have any
reason for it being 60 as opposed to 50 as requested by
staff? Is that going to hun -- is that going to hurt
anything? Help me out here.
MR. ALLEN; SUrO. IS it going to hurt
anything? The idea is to catch, obviously, th; citizens,
let them know there's a church there, so, obviously, the
h~ghor the church can have it, the better. Originally,
Pastor Frye, he wanted them taller than 60 feet. And we
kind of put him back down to ground. We said, look, you
can't do it that high.
The only exampIe I can think of, a similar
situation, I don't know how often you go up 35 would be to
Lakeland Baptist Church. They have cross towers adjacent
to their sanctuary and I think they're in excess of 100
feet.
So, you know, it's something akin to that,
but 60 feet is not magical, but it would be what tho
church wOUld Prefer.
COMMISSIONER POWELL: Thank you.
¢OMMISStONF. R MULRO¥: My question along the
same line is it's not an absolute footage, Mike, but in
proportionality compared to other religious
establishments, other churches with like architecture,
Page 56
what is their proportion of cross tower to main building
and are you bracketing with the average design7
M~. ^~LE~: YOU know, this sanctuary
doesn't have a steeple, and it would be akin to a steele.
So if you -- the nominal height on the building sanctuary
to the top eaves is approximately 35 feet, so you're
adding an additional 25 feet to that eaves which could be
occupied by a steeple, essentially.
COMMtsstOt, mR MU~ROY: okay. And in a
normal church design criteria, how would you bracket that
in, average, on the high end, low end?
- - · m~ ACt~EN: It may be slightly high, but I
don't think it's beyond -- obviously, L/~kcland comes to
mind. First Baptist Church of Lewisville also has a high
steeple, I mean, that I would consider -- it's
considerably taller than this. So I would say that it's
wi~n norms.
COMMISSIONF_.~MULROYi okay. Thank you,
Mike. Any further questions of the applicant? Mr.
Watldns.
COMMISSIONER WATKINS: Yes. Will the cross
be lighted?
MR~ ALLEN: I'm not aware that it's going
to be lighted. I think if it were, it's probably just
going to be some kind el up-lit type of arrangement. I
PLANNING AND ZONING COMMISSION MARCH 10, 2004
Page 53 - Page 56
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CondenseltTM
Page 57
don't think the church intends to have it back-lit or
anyth/ng like that.
COMMISSIONER MULROY: okay. I have no
further questions, I have no one from the audience
desiring to speak. I'm going to close the public hearing
and entertain a motion or discussion. Mr. Johnson.
COMMISSIONF. R .~OHNSON: r]l move approval
without condition because I think the condition that staff
put on is somewhat arbitrary and -- so I don't think it's
necessary,
COMMISSIONER STRANGE: $~cond,
COMMI,~5IONER MULROY: I have a motion by
Mr. $ohnson, a second by Mr. Strange for approval without
condition. If there is no further discussion, please:
vote. Motion carries 6-0.
Page 58
Page 59
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COMMISSIONER MULROY: okay, Our next item
4D, re'zoning of 7.4 acres. And Mr. Fuller will present.
I'm opening the public he,ring.
MR. Ft~LtER: Thank you. And good evening.
The applicant is requesting to rezone approximately 7.4
acres from Neighborhood Residential 2 zoning district to
the residential -- Neighborhood Residential 6 zoning
district. Single family uses are being proposed. Based.
on the current ~t.2 district, the applicant or the
property owner can divide the property into 14 dwelling
units,
If the re'zoning is approved, the applicant
would be abIe to divido the property into approximately 42
single family lots that would include detached single
family homes, attached single family homes, which are town ·
homes, and duplexes.
We should note that there ate existing
subdivisions within 200 feet of the property, Mack and
Summerland Additions. Each of these are currently zoned
NE-,*. However, they.were developed under the old zoning
code, which was st-7. The SF zoning district required a
minimum lot size of 7,000 squan: feet.
Staff mailed 23 legal notices to property
owners within 200 feet of the property. We received four
letters in opposition which will revise the opposition to
., Page 60
now 8.7 percent. Please note and we'll tefer to the
zoning map the inverted L-shape of property, City Council
approved that rezoning from ~ra-2 to sa-4 in February.
Given that the request to rezone the subject property is
compatible with the future land use plan, and it is in
compliance with the Denton Plan, staff tecommends
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approval. And i'm open to any questions. Thank you.
COMMISSIONER MULROY: DO we have any
questions of staff at this time? If not, is the applicant
here? Mr. Roy, did you --
COMMISSIONER ROY: grist a quick question.
The property to the east -- excuse me, to the west of
that, is that part' of the development7
- · MR. FULLER: Not at this time. It is not
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up for consideration this evening.
COMMISSIONER ROY: ! understand it's not
under consideration for the zoning, but is it part of the
development?
M~ ~t~: t think it would be'
appropriate to say it's owned by the s~une property owner.
I don't know if it's part of this development.
COMMISSIONER ROY: okay, Thank you.
COMMISSIONER MULROY: okay. If the
applicant will come forward, please.
PLANNING AND ZONING COMMISSION MARCH 10, 2004 Page 57 - Page 60
S:~Our Documents~Ordinm~04~3-0032.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN
FOR APPROXIMATELY 9.1 ACRF~ LOCATED WI'IVAIN PLANNED DEVELOPMENT 115
(PI)-I 15) ZONING DISTRICT AND GENERALLY LOCATED AT THE S(KJTHW~T (X)RNF, R
OF US HIGHWAY W AND BONNIE BRAE iNTERSF, C'~ON AND LBGALLY DESCRIBED AS
TRACT 28 IN THE N. WADE SURVEY ABSTRACT NUMBER 1407; PROVIDING FORA
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THERF~F;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTWE DATE. (Z03-0032)
WHEREAS, New Hope Missions~ Baptist Church, has applied for an approval of a detailed
plan for approx/mately 9.1 acres located within Planned Development 115 (PD-115); and
WHEP~AS, on March 10, 2004, the Planning and Zoning Commission concluded a public
hearing as required by law, after which a motion to recommend approval of the Detailed Plan; and
WHEREAS, the City Council finds flint the change in zoning is consistent with the
Comprehensive Plan; NOW, THBREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~. The Detailed Plan attach~ hereto and incorporated herein by reference ss
Exhibit "A' for approximately 9.1 acres located within Planned Development 115 (PD-I 15), and
more particularly descn'be in Exhibit "B", which is attached hereto and incorporated herein by
refeze~ce, is hereby approved.
~. If any provision of this ord_~nance or tho application thereof to any person or
circumstance is held invalid by any court, suoh invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance am severable.
~. Any person violatin8 any provision of this orai~*n~e shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provis/on of this ordinance is violated shall
constitute a separate and distinct offense.
~ON 4. That ~is ordinance shall become effective fourteen (14) days flcom the date of
its passage, and the City Secretm'y is hereby directed to cause the caption of this ordinance to be
published twic~ in the Denton Record-Chronicle, a daily newspaper published in tho City of Denton,
Texas, within ten (10) days of the date of its passage.
Page 1 of 2
PASSED AND APPROVED this tho _, ,
dayof
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT
BY:
ORNEY
Page 2 of 2
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EXHBIT B
~ W~ NEW HOPE MISIONARY B~ CHURCH IS THE OWNER OF
A 9.076 AC~ ~ OF ~ L~G ~ B~G S~A~D ~ ~
NA~ W~B S~ ~~~ 1~, ~ OF D~, D~N
CO~, ~ ~ B~G A P~T OF A ~ ~ DE~B~ ~ A D~D
~M T.I. ~9 B IO~ ~ ~ ~ HO~ ~O~Y B~T
C~CH, R~~ ~ VOL~ ~24, PAG~ 1301, ~ PROP~
~~ OF D~N ~~, ~S ~ ~ ~C~ ~T ~R~ON
DE~~ ~ A D~D ~OM ~W HOP~ ~SSION~Y B~ST C~
~ ~ STA~ OF ~ ~~ ~ 47~, PA~ 1~, ~ PROP~
~~ OF D~N ~~, ~S ~ B~O MO~ P~CU~Y
D~~ ~ FOL~WS:
BEI]INNING AT AN IRON ROD FOUND AT A FENCE CORNER POST AT THE
SOUTHWF~T CORNER OF SAID NEW HOPE MISSIONARY BAPTIST CHURCH
TRAC'r AND THE SOUTHEAST CORNER OF A TRACT DEEDED TO HILLWOOD
LAND/DENTON LTD., ~RDED IN VOLUMI~ 2470, PAGI~ 690, REAL
PROPERTY RECORI~ OF DENTON COUNTY, TEXAS AND ALSO BEING IN
THE NORTH LiNE OF A TRACT DF2DED TO BRAEWOOD PARTNERS LTD.,
~RDED IN VOLUME 4~21, PAOE 34~, REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS;
THI~CE NORTH 00 DF. I3REtLq 22 MINUTHS 3:5 SECONDS EAST WITH TH~
WEST ~ OF SAID NEW HOPE MISSIONARY BAPTIST CHURCH TRACT AND
THE EAST LINE OF SAID HILLWOOD LANI)ID~N LTD. TRACT, A
DISTANCE Ol~ 7:~6.44 FEET TO A ~ INCIt IRON ROD WITH AN ALUMINUM
CAP FOUND IN THE SOUTH RIGHT OF WAY OF U.S. HIGHWAY 77, AT THE
SOIrIHWEST CORNER OF A PARCEL 9 PART 1 AS DESCRIBED IN A DI~2) TO
TH]~ STATE OF TEXAS, RF~ORDED IN VOLUME 4T~6, PAOE !707, REAL
PROPIiRTY ~RDS OF DENTON COUNTY, TEXAS;
THENCE SOUTH $8 DEORF. ES :51 MINUTES 04 SECONDS EAST WITH THE
SOIYlH RIGHT OF WAY OP U.S. HIOHWAY 77, A DISTANCE OF 26.47 ~ TO
A :5/8 INCH IRON ROD wrrH AN ALUMINUM CAP FOUND I~OR A CORNER;
THENCE SOUTH 70 DEOIt~.ltS 33 ~ 57 SECONDS EAST W1TIt THE
SOUTH RIGHT OF WAY OF U.S. HIOHWAY 77, A DISTANCE OF 99.94 FEET TO
A 5/8 INCH IRON ROD wrrH AL~ CAP FOUND FOR CORNI~
THENCE SOUTH 58 DF~REES 58 MINUTES 13 SECONDS EAST WITH THE
SOUTH RIGHT OF WAY OF U.S. HIOHWAY 77, A DISTANCE OF :~6.S.66 FF.~T TO
A 1/2 INCH IRON PIN S~-'T;
TH~N~ SOUTH 46 DEOREBS 04 MINUTES 39 SECONDS EAST, A DISTANCE
OF 77.48 FEET TO A 1/2 INCH IRON PIN SET;
THF.~CE SOUTH 25 DEO~ 08 MINUTES 47 SI3CONDS EAST, A DISTANCE
OF 348.93 FEET TO A FOUND CONCRETE MONUMENT;
THI~NCE SOUTH 04 D]~I~.R$ 56 MINITrES 20 $1~ONDS EAST, A DISTANCE
OF 24.9? ~ TO A FOUND CONCRETE MO~;
THENCE SOUTH 89 DEGI~RI~S 45 MINUTES 35 SECONDS W~ST WITH THE
SOUTH L1NB OF SAID NEW HOPE MISSIONARY BAPTIST CHURCH TRA~
AND THE NORTH LI1VE OF SAID BRAEWOOD PARTNERS LTD. TRACT, A
DISTANCE OF 812.69 FEET TO THE POINT OF BF.,OINNINO AND CONTAININO
IN ALL 9.076 ACRES OF LAND.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2004
Planning and Development Department
Jon Fortune, Assistant City Manager
SUBJECT - Z04-0004 (Laurel Oaks DevelopmenO
Hold a public hearing and consider adoption of an ordinance regarding the rezoning of
approximately 7.4 acres from a Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential 6 (NR-6) zoning district. The site is located approximately 370 feet
south of Paisley Street, between Audra Lane and Mack Drive. The Planning and Zoning
Commission recommends denial of the request (6-0). SUPER MAJORITY VOTE
REQUIRED FOR APPROVAL.
BACKGROUND
Applicant: Karen Mitchell Fort Worth, TX
The applicant is requesting to rezone the property for single-family use. Based on the current
NR-2 zoning designation, approximately 14 dwelling units are allowed. If the request to rezone
to NR-6 is approved, the owner could subdivide the property into approximately 42 single-family
lots.
Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) zoning districts
border the property to the north. The property zoned NR-2 is not platted and is developed for
single-family use. The property zoned NR-4 is not platted and is undeveloped. The property to
the east is zoned NR-4 and is not platted and is undeveloped. The City Council recently
approved a request to rezone the property to the east and the undeveloped portion of the property
to the north from NR-2 to NR-4 on February 17, 2004. The properties to the south are zoned
Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4). The property
zoned NR-2 is Mack Park and the property zoned NR-4 is platted and developed for single-
family use (Summerwind Addition). The property to the west is zoned Neighborhood Residential
2 (NR-2), is not platted and is undeveloped.
Public notification and property owner responses are provided in Attachment 3. As of this
writing, staff has received four written responses in opposition from property owners within 200
feet of the subject site. Currently, 8.7% of the land within 200 feet of the subject property is
owned by people in opposition to the request.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends denial of the request (6-0; Commissioner
Holt absent). As the Planning & Zoning Commission's decision is 6-0, City Council must
approve the rezoning request with a super majority vote.
ESTIMATED PROJECT SCHEDULE
The subject property is not platted. Preliminary and final plats are required prior to issuance of
building permits.
PRIOR ACTION/REVIEW
The following is a chronology of Z04-0004:
March 10, 2004, Planning & Zoning Commission recommends denial (6-0; Holt absent) of a
request to rezone approximately 7.4 acres from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential 6 (NR-6) zoning district.
February 17, 2004, City of Denton City Council approved (5-2; Brock & Montgomery opposed)
a request to rezone approximately 6.6 acres from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential 4 (NR-4) zoning district.
December 17, 2003, Planning & Zoning Commission recommend approval (6-1; Watkins) of a
request to rezone approximately 6.6 acres from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential 4 (NR-4) zoning district.
December 4, 2002, Planning & Zoning Commission denied (7-0) a request (Z02-0047) to rezone
approximately 18.5 acres, commonly referred to as 700 & 702 Audra Lane, from Neighborhood
Residential 2 (NR-2) zoning district to Neighborhood Residential Mixed Use 12 (NRMU 12)
zoning district (Attachment 6). Request withdrawn prior to City Council consideration.
Ordinance 2002-040, adopted February 2002, placed the subject property in the Neighborhood
Residential 2 (NR-2) zoning district and land use classification.
Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned
Agricultural.
The property has not been platted.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map)
4. 200' Property Owner Responses
5. March 10, 2004, Planning & Zoning Commission Draft Meeting Minutes (Z04-0004)
6. December 17, 2003, Planning & Zoning Commission Meeting Minutes (Z03-0030)
7. December 4, 2002 Planning & Zoning Commission Meeting Minutes (Z02-0047)
8. February 17, 2004, City of Denton City Council Meeting Minutes (Z03-0030)
9. Site Photos
10. Draft Ordinance
Prepared by:
Chris Fuller
Planner I
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary_ of Zoning Request
The applicant is requesting to rezone approximately 7.4 acres from Neighborhood Residential 2
(NR-2) zoning district to Neighborhood Residemial 6 (NR-6) zoning district. The requested
zoning change would allow the applicam to subdivide and develop the property according to NR-
6 lot size standards and land uses.
The existing subdivisions within two hundred feet of the property, Mack Addition and
Summerwind Addition, were approved and developed within the SF-7 zoning district prior to the
adoption of the currem Developmem Code (Ordinance 2002-040). The SF-7 zoning district
required a minimum lot size of 7,000 square feet. Adoption of Ordinance 2002-040, the currem
Developmem Code, placed both the Mack Addition and Summerwind Addition in the
Neighborhood Residemial 4 (NR-4) zoning district and land use classification. As the Planning
& Zoning Commission recommended denial 6-0, City Council must approve the rezoning
request with a super majority vote.
Existing Condition of Property
The subject property is undeveloped.
Adjacem Zoning
North: Neighborhood Residemial 4 (NR-4) and Neighborhood Residemial 2 (NR-2)
zoning district
South: Neighborhood Residemial 4 (NR-4) and Neighborhood Residemial 2 (NR-2)
zoning district
East: Neighborhood Residemial 4 (NR-4) zoning district
West: Neighborhood Residemial 2 (NR-2) zoning district
There are single-family residemial uses adjacem to the southern boundary of the subject property
(Summerwind Addition Subdivision). There is a single-family residemial neighborhood within
two hundred feet of the northern border of the property (Mack Addition Subdivision). The
properties to the east and west of the subject property are not platted and are vacant.
Comprehensive Plan Analysis
The 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. The DeNon Plan defines
compatibility as: "The characteristics of differem uses or activities or design which allow them to
be located near or adjacem to each other in harmony ... Compatibility does not mean "the same
as." Rather, compatibility refers to the sensitivity of developmem proposals in maimaining the
character of existing developmem" (p. 188).
The surrounding developed properties consist of single-family lots similar to those proposed by
the applicant. The request to rezone the subject property is compatible with the Future Land Use
Plan (Neighborhood Cemers) and with the surrounding zoning designations. The proposed
zoning change is in compliance with the Denton Plan.
Development Review Analysis
Transportation
Access to the property is limited to Audra Lane. A traffic impact analysis will not be required for
a single-family use or duplex use that produces less than 1,000 trips per day.
Access and Connectivity
The site will be accessed by Audra Lane. If approved, the new lots will be required to provide
connectivity to the adjacent property to the east and west.
Public Infrastructure
The city tile maps show a 6" water main along Longmeadow Street to near the south property
line and an 8" water main along the east side of Audra Lane. The city tile maps show an 8"
sewer main along Longmeadow Street to near the south property line and a 15" sewer main
along the median of Audra Lane.
Development Code / Zoning Analysis
The NR-2 zoning district allows a maximum density of 2 dwelling units per acre. The NR-6
zoning district allows a maximum density of 6 dwelling units per acre, which are permitted in the
form of detached single-family dwelling units, attached single-family dwelling units (i.e.
townhomes) and duplex units. The chart below illustrates the difference between the two zoning
districts. Limitations for each use are explained below the chart.
Single Family Dwellings P P
Accessory Dwelling Units SUP (L1) SUP L(1)
Attached Single Family Dwellings N P
Live/Work Units N L(16)
Duplexes N P
Community Homes for the Disabled P P
Group Homes N N
Multi-Family Dwellings N N
Maximum Density, dwelling units per acre 2 6
Minimum Side Yards for Non-Attached Buildings 10 feet 4 feet
Maximum Lot Coverage 30% 60%
Minimum Landscaped Area 70% 40%
P = Permitted N = Not Permitted
Limitations:
L(1): Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform to the overall maximum lot coverage and setback requirements of the
underlying zone.
2. The maximum number of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not
exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000sq. ft. GHFA.
4. One additional parking space shall be provided that conforms to the off-street parking provisions of
this Chapter.
L(16): Uses are limited to no more than 1,500 square feet of gross floor area per lot.
The limitations listed above regulate the specifics of each use allowed within the zoning district.
Any proposed development on this site is required to be in compliance with the site design
standards of the Development Code. An approved site plan for the proposed development will be
required prior to the issuance of any building permit.
Staff Findings
The existing subdivisions within two hundred feet of the property, Mack Addition and
Summerwind Addition, are currently designated as Neighborhood Residential 4 (NR-4) zoning
districts. The average lot size of the single-family lots within two hundred feet of the northern
boundary of the subject property is approximately 9,820 square feet (Mack Addition
Subdivision). The average lot size of the single-family lots adjacent to the south is approximately
10,790 square feet (Summerwind Addition Subdivision).
The proposed zoning change is compatible with the existing neighborhoods and is in compliance
with the intent of the Denton Plan.
Staff Recommendation
Based on the above findings, staff recommends approval of the requested zoning change.
ATTACHMENT 2
Location/Zoning Map
NORTH
Land Use Map
ATTACHMENT 3
Notification Map
NORTH
In
Opposition
Opposition: 8.7%
SITE
-- Limits of 200'
Notification
In
Opposition
Limits of ,00'
Notificati~ n
Scale: None
Darkened properties are in opposition
Public Notification Date: February 23, 2004
200' Legal Notices* sent via Certified Mail: 23
Number of responses to 200' Legal Notice:
· In Opposition: 4
· In Favor: 0
· Neutral: 0
Percent of land within 200' in opposition: 8.7%
*A copy of the notification list can be picked up at
City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 4
200' Property Owner Responses
Property Owner & Address Support / Neutral / Comments
Oppose
Armando Lerma Oppose Residential area already crowded. Audra
1916 Paisley Lane high traffic area with two schools in
area.
Corinia Maxson Oppose The developer is trying to build apartments.
1904 Paisley He is only zoning part. We are opposed to
only zoning part. We want him to zone all
so that we do not have to come back and do
this again.
Cathy Huller Oppose 1) This is a family "neighborhood" not
2000 Longmeadow Ct. a "complex" neighborhood.
2) The increase in population with a
NR-6 zoning will create a) increased
traffic problems as we have enough
already b) increased noise c) increased
crime d) greatly decrease the value of
my home!
3) When we met with you on Dec. 04
we expressed our concerns that the
developer only wanted to rezone part
of his property at that time so he could
come back later and try to rezone the
rest at a higher level. You told us then
to give you some credit and have faith
in you that if he tried to rezone the rest
to higher than NR-4 at a later date you
would not fall for his tricks. I'm holding
on to my faith in you that you will
follow through on your word and only
allow him to rezone to NR-4 NOT NR-6.
Morelle Miller Oppose Make the area too congested; traffic and
1811 Bolivar Street school congestion. With all the apartments
in the area anything other than single-family
housing on 7,000 lots would not be
acceptable to me.
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Attachment 5
Page 58
don't think the church intends to have it back-lit or
anything like that.
COMMISSIONER MULPaOY: Okay, I have no
further questions. I have no one from the audience
desiring to speak. I'm going to close thc public heating
and entertain a motion or discussion. Mr. ]'ohnson.
COMMISSIONER JOHNSON: l'li move approval
without condition because I think the condition that staff
put on is somewhat arbitrary and -- so I don't think it's
necessary.
COMMISSIONER STRANGE: second.
COMMISSIONER MULROY: [ have a motion by
Mr. Johnson, a second by Mr. Strange for approval without
condition. If there is no further discussion, please
vote. Motion carries 6-0.
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eOMMISStONER MULIZOY: okay. Our next item
4D, r~zoning of 7.4 acres. And Mr. Fuller will present.
I'm opening the public hearing,
MR FtruLE~ Thank you. And good evening.
The applicant is requesting to rezone approximately 7.4
acres from Neighborhood Residential 2 zoning district to
the residential -- Neighborhood Residential 6 zoning
district. Single family uses are being proposed.. Based
on the current l,m-2 district, the applicant or the
property owner can divide the property into 14 dwelling
units.
If the rezoning is approved, thc applicant
would be able to divide the property into approximately 42
single family lots that would include detached single
family homes, attached single family homes, which are town
homes, and duplexes.
We should note that there are existing
subdivisions within 200 feet of the property, Mack and
Summerland Additions. Each of these are currently zoned
z,m-4. ~owever, they were deijeloped Ut/der the old zoning '
code, whlch was ss-?. xhe st zoning district required a
minimum lot size of 7,000 square feet.
Staff mailed 23 legal notices to property
owners within 200 feet of the property. We received four
letters in oppositiOn which will revise the opposition to
Page 60
now 8.7 percent. Please note and we'll refer to the
zoning map the inverted L-shape of property, City Council
approved that rezoning from NR-2 tO NR-n in February.
Given that the request to rezone the subject property is
compatible with the future land use plan, and it is in
compliance with the Denton Plan, staff recommends
approval. And I'm open to any questions. Thank you.
COMMISSIONER MULROY: DO WO have any
questions of staff at this time? ff not, is the applicant
here? Mr. Roy, did you --
COMMISSIONER ROY: JUst a qnick question.
The property to the east -- excuse me, to the west of
that, is that part of the development7
14 MR. FULLER: Not at this time.' It is not "'
15 up for consideration this evening. ' · ·
16 COMMISSIONER ROY: [ understand it's not
17 under consideration for the zoning, but is it part of the
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development?
MR. FULLER: I t.llink it would be
appropriate to say it's owned by the sa~e property owner.
I don't know if it's part of this development,
COMMIS$IONERROY; okay. Thank you.
MR. FULLER: Yes, sir.
COMMISSIONER ML~ROY: okay. If the
applicant will come forward, please.
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Attachment 5
MS. MITCHELL: Good evening, Mr. Chair and
members of the Planning and Zoning Commission, I'm Karen
Mitchell with Mitchell Planning Group, 7823 Nine Mile
Bridge Road in Fort Worth. If y'all will just bear with
me, I'm fi~ting off a cold, so -- as you all are well
aware add Chris has been very good in giving y'all the
information in the staff report. We did come before you
with the request to get this property right hero re'zoned
tO the NR-4.
I don't know if you're able to see this
very well. For just illustrative purposes, I have drawn
in just a little subdivision on what could possibly go on
our t,m-4 site that is compatible with the adjacent land
uses to the north and to the east. '
This was approved by the City Co'moil a few
weeks ago. The lot sizes for the NR-4 would average the
11,000 square toot in size as compared to the adjacent
7,000 square foot lots along Mack and approximately 8 to
9,000 square foot lots along Paisley. That was for the
~,~-4 district.
Because the neighbors were concerned with
thc plans for the remainder of thc property, prior to our
Na-4 zoning case going to thc City Council, we submitted
this application for thc NR-6. *'we did this in light of
the statements that some of the neighborhoods had sent
Page 62
back being concerned that we were going to be putting
multi-family on this property.
As you know, multi-family is not an allowed
use in the NR-4 or the l,m-6 district. This site was zoned
Nlz-2 is a default district..Historically, it was in the
agricultural district. There is still a small amount of
land that is over here, Mr. Roy, in answer to your
question, that the owner has not decided on yet. However,
when we were looking at the appropriate zoning, for the
entire parcel, we had to take into account, and what I'd
like to do is, at this time, put up the -- an aerial right
here.
We had to take into account that you had
the Mack Place"Apa~en'ts ~hat :;re ali along this side.
You have Mack Park that is right here. You've got single
family that is here, hem and here. It is standard
· planning practice to do a progressive zoning in order to
provide the proper buffering to the existing residential
neighborhood.
As such we are now asking for a more
intense zoning as we get closer to this zoning district
over here which is the community mixed use general, which
is the Mack Place Apartments.
The Comprehensive Plan designates this area
as existing neighborhood infill compatibility. To quote
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the Comprehensive Plan and I believe staff went ahead and
put this in your packet, new development in this district
should respond to existing developments with compatible
land uses, patterns and design standards. The staff
report further states compatibility does not necessarily
mean the same thing.
So what we have done, in essence, let me go
back over here, is we have taken into account that we've
got residential developments located to the northeast and
a portion of the south part of our property. We have also
taken into account the zoning category that they developed
at, which the majority of these lot~ again, are 7,000
square foot lots. And we're coming in with a buffer for
the ~R-4 which we just got approved, which will give us
11,000 square foot lots. And now we're coming back
towards the multi-family with a mom intense single-family
residential use.
Again, this is something that is very
standard in planning practices. It wouldn't make sense,
of course,' if we started going this direction. HoWever'
you generally put the more intense land uses up against
like uses. With that being said, I'd be happy to answer
any questions that you-all may have.
COMMI$$1[ONER MULROY; ~ay questions of Ms.
Mitchell? Mr. PowelL
Page 64
COMML~qlONER POWELL: MS. Mitchell, the'
11,000 square foot lots that you speak of that you've
sketched in and I reoognize was a sketch, does that take
into consideration roads, or would those lots be reduced
in siz~ after there were streets involved and curbs and
whatnot?
MS. MITCHELL: They would pro~oably be
reduced in size, because depending on -- and I need to
backup in order to answer your. question. We do have this
-- a designer that's looking at the overall plan to see
how we can make all of this work as far as connectivity
12 within our site. But absolutely, we have to tak0 into
13 account the type of road that we would be putting in
14 th~re2 Ahd then once that happens, we can' determine'the
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exact lot size.
COMMISSIONER POWELL: So the 11,000 would
not hold in all probability; it's going to.be something .........
less because of streets and sewers and whatever else?
MS. MITCHELL: I'm SOITy. Tho 11,000
square foot lot is going to be about the average. So you
are going to have some lots that will probably bo smaller,
but on average they will be about 11,000 square feet.
COMMISSIONER POWELL: BefOre or after thc
streets?
MS, MITCHELL: YOU hit me with a head cold,
PLANNING AND ZONING COMMISSION MARCH 10, 2004
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Attachment 5
too.
COMMISSIONER POWELL: l'm sorry. So am I,
but I'm just saying if there are 11 average now and you
put streets in there, they're going to be something less
than 11 average?
MS. MITCHELL; They could be, if we keep it
all to this NR-4, but we're going to incorporate all of
this in as an integral development, And so this is a'
component of our overall development of the site.
COMMISSIONER POWELL: I understand, but we
have to get to these 11,000 square foot lots with a
street, and that street is going to be fight up against
them in some fashion whether we're going to take the lan~
out of the 11,000 square foot lots or out of the new site,
I guess we don't know yet.
MS. MITCHELL: MI', Reichhart just came up
to me and he clarified something. And I appreciate it.
Again, I'm at a disadvantage because I haven't seen what
our designer has done on this yet. But Mr. Reichhart just
informed me the 11,000 square foot lot average does take
streets into account.
COMMISSIONER POWELL: Thank you. Thank
you, Mr. Reiehhart.
MR. REICHHART:- I wanted to clarify it was
more of a question confm'aing that your design indicates
Page 66
road in there.
2 MS. MITCHELL: I just did this for
3 illustrative purposes. I have no idea what our design is
4 going to look like. I just wanted you-all to see that
5 these am about the same size as these over here, probably
6 a little bit larger.
7 ' ~na. m~[cm~a~x: so the 11,000 - so you
$ would have to take road out --
9 coMMISSIONER POWELL: SO we're going to be
10 looking at maybe ten or nine or something, but something
11 less than eleven ·When it's a finished lot, something less
12 than eleven. Thank you.
13 COMMISSIONER MULROY: okay. Mr. Johnson.
14 "~°~is~t0~$om, iioN: We're on the wrong
15 property. We're talking about something that's already
16 happened.
17 COMMISSIONER ?OWE[t: t understand. I'm .....
18 just -- she made a claim and I'm wondering whether it was
19 accurate.
20 COMMISSIONER $OHBI$ON: oh, okay.
2 ! COMMISSIONER MULROY: okay.
22 COMMrSS[OH~t POWELL: she wouldn't have
23 expected anything less from me.
24 MS. MITCHELL: That's true, ·
25 COMMISSIONERMULROY: okay. Any further
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_~ Page 67
questions of Ms. Mitcbell? Okay. Mr. Watldns.
COMMISSIONE. R WATKINS: Thank you, Mr.
Chair. Karen, a few week~ ago we had that cvs Pharmacy
thing and it would appear --
COMMISSIONER POWELL: It would appear like
his mike is not on.
COMMISSIONER WATKINS: [t woB].d appear --
and I remember the ~-4 and then ~-~ site that you're
asking for now, and I still see the vacant -- apparently
by the same person and you say that a planner is working
on the connectivity within the whole development because
yOU are minorly restricted on Audra Lane as far as getting
into the area. You probably can't answer this question
because you have this part before us, but would it not be
bet~' to lay the whole thing out at one time?
MS. M~TCHgLL: ! need to give you a little
bit of history on it in order to be able to answer that
question accurately. The owner of this property has spent
a substantial amount of money in trying to lay this out to
20 .... make this work where it would work well with the
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development.
With that, we originally, as you-all
member before I was involved in this, came before you
with a multi-family district on the whole thing. After I
was hired on, we went back to the drawing board with a
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Page 68
different designer, and we designed a development that in
essence, would try to save every tree on that property to
try to put up tons of landscaping and buffering around as
to protect it.
Again, no connection into the existing
subdMslons can happen. So, yes, we are very limited on
all of our access being off of Audra. It will net be
connecting to the adjacent subdivisions. When we visited
with the liaison of the neighborhood, we gave copies of
this. And this was even before we came before the staff
to gO over it with them, but we tried to get some input
"from the neighborhood at that time, and we were told very
clearly that it's not going to happen. We went ahead and
came to Staff and Staff pretty much reiterated that and I'
· appreciated that. ' '
And we went back -- I went hack to my
client and I said, it's probably not go!~g to_happen... We
need to really be taking into account that we've got the
sensitivity of the residential around us.
So with that, we've spent just an
incredible amount of money trying to design this properly.
And that's the reason why we're coming back and doing it
this way because it's kind of like, I guess, a little
gun-shy of putting too much out on the table because the
fear of just continually getting shot down every time we
PLANNING AND ZONING COMMISSION MARCH 10, 2004
Page 65 - Page 68
Attachment 5
i come. And we work -o try to work with the neighbors.
2 COMMISSIONER WATiLrNS: I realize that
3 question is out of order, because we have a Site and we're
4 supposed to consider that.
5 MS. MITCHELL: Right.
6 COMMISSIONER WATrdNS; I also know and
7 think very highly of you.
8 MS. MITCHELL: I appreciate that.
9 COMMISSIONER WAaX~S: SO please excuse the
10 question. Thank you,
11 MS. MITCHELL: Thank you.
12 COMMISSIONER MULRO¥: okay. Mr. Strange.
13 COMMISSIONER STRANGE: I just wanted to ask
14 you a question. Kind of a similar math-type issue with
15 regards to the -- not a test. You've got -- you were
16 saying at least in our background information that this
17 7.4 acres is going to yield 42 lots at NP,-6. Did you get
18 the 42 lots by seven acres times six lots to the acre? Is
19 that how you got that?
20 MS. MITCHELL: That's correct. And that
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1 do less or more. The maximum and all we have now is that
2 it's a density-based zoning. They could get up to 42 lots
3 with streets, period.
4 COMMISSIONER MULROY: Correct. It's not
5 the lot size. It's the density.
6 MR. e, alCmta~T: There is no lot -- minimum
7 lot size.
8 COMMISSIONER MULROY: It's tile density that
9 the new COde addresses.
10 Ma. S~tcH~T: OUSt wanted to make that
I -- I don't know. They might come in with 30. But they
.2 coulfl get 42, I just want to make that clear.
13 · COMMISSIONER MULROY: Thank you,
I4 Mr. Reich_hart. Do~ that help you, Mr. Strange?
15 MS. MITCHELL: And I'd like to thank Mr.
16 Reichhart. That helped me out, too.
17 COMMISSIONER MU~ROY: okay. Any further
18 questions of Ms. Mitchell? If not, we are going to hear
19 from the public. I have no cards in support of the Agenda
20 item.
was staff. That is out of the staff's comments. That
wasn't something that we provided to you.
COMMISSIONER STRANGE: Again, you haven't
taken into consideration streets, because 42 loB.on seven
acres sounds like a tremendous number of lots to me..
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MS. MITCHELL: Right. And we have not --
that one, I can tell you we have not taken the streets
into account yet.
COMMISSIONER STRANGE: S0 you're not really
asMng for 42 lots?
MS. MITCHELL: NO, sir. No, sir.
COMMISSIONER STRANOE: okay. I just wanted
to clarify that,
MS. MITCHELL: WO will be coming in with a
plat at some time on this. We're going to have to. And
the plat will have to encompass the whole piece of
propV~n'Y.' So we will hOpefullY have something together '
before long on all of that.
COMMISSIONER STRANOE: DO yOU know about
how many lots y0'u think will havc on thc seven acres?
Ms. MITCHELL: Sir, I really don't know. I
don't know -- I can se* if my client if he has talked to
our designer to see if she has come up with that mount
yet.
COMMISSIONER MULROY: wollld you llke to
interject, Larry?
MR, REICHHART: until you have a plat in
front of you, the maximum lots that could be yielded from
this sit~ is 42. We can't condition that they're going to
do 40. They're not making representation thy're going to
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I have several speakers that would like to
speak in opposklon. I'm going to call the first name and
then the second name. If the second person will come down
and sit close to the microphone, it will help us get
. through this. Mr. Sustin Quinn. And then the second
Page 72
speaker will be Jason Pitzcr. If you'll state your name
and address, please.
MR. qLrrorN: My name is Justin Quinn. I
live at 513 Mack Drive, which is adjacent to the lot that
was recently re'zoned 1~-4 and now outside of the 200-foot
zone. And I should say that I should be happy because the
lot next to mine was zoned NR-4, but I'm not, because I'm
not thinking only of myself. I'm trying to think of the
whole neighborhood and the plans, and how we feel the
nature of our neighborhood.
And you might member this goes back well .-
over a year when the dweloper was asking for multi-family
units, and there were many, many problems that were
brotigh~"{q~ with that. A huge outcry, you know, egress and
just -- I mean, e{eery, every possible thing.' And I feel
that the way that this land has been cut up has been
effectively.to kind of take us slowly out of tha~ process..
And what -- I guess if I were just to single on one issue
in front of the Commission, it would be a question of
density of houses and also density of trom that are loft,
which I think is a big part of our neighborhood.
And in December, in front of this
Commission, when the developer was asking for Nc-4. I
remember a lot of the reason for that was that it best fit
the character of the existing neighborhood was the NR-4.
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Attachment 5
And I think that the majority of the residents agree with
that. I personally don't understand why, if that best
fits the character of the neighborhood as an t,r~-4, why the
deveioper is noTM asking for NR-6 especially in the area of
this whole land that has the highest tree density of any
part out/here. So you have the most trees but you're
asking for the most -- the densest packed houses which
goes exactly opposite, I think, what the developer is
saying as far as best interest.
Also, I would just like to say, too, that
the neighborhood -- you know, I realize that the developer
has put a lot of money and time into this, and we're not
against progress. But we also at the same time have an
incredible amount of money invested in our -- in our homes
and in our property. And we would like for that to be
protected. So I please urge you to vote no. Thank you.
COMMISSIONER MuLRo¥: Thank you, Mr. Quinn.
Mr. Pitzer, if you'll come to the mike. And Erie Janssen,
if you'll come down on board, please. .
MR. P[TZER: '/es. My name is Jason Pitzer.
I'm at 2009 Longmeadow Court, which is that funny little
shaped one at the end of the cul-de-sac th~. Most of my
property is connecr~xi to the NR-4, but a v~j small amount
is kind of touching, that corner ar~a of what they're
proposing. So I guess I'm witlgn the 200-foot area. I
Page 74
also have an issue with why it can't be Na-4 because that
doe~ actually fit what's going on with the"
COMMISSIONER MULROY:. EXCUSe me. That
wasn't your time. If ~ou'll restart the clock, please.
Thank you.
MR. pITZER: It fits the neighborhood a lot
better and the developer came to me and a lot of other
people to try and get us to change our votes as far as
what we did last time and when they came to me, they told
me that they were going to try to zone this at NR-4, SO I
told them that I was all for that. And, now, apparentIy
they've decided t~at'they' ~vant ~m-6, which is not what any
of us were told. Also, when they first did this, when we
went through all of this before, we had issues with them
knocking down our fences and 'not fixing them.
At the last meeting, the developer, this
same developer told me that, yeah, we're going to fix your
fence. Let me'get your number so I can call you and we'll
get out there and get this fixed and taken care of. And
then subsequently, it never happened. Now, that they're
coming back wanting to do this, they told me and several
other people they wanted to do tm-4, not M-s, and they
came and fixed -- my fence was the only one that hadn't
had to have been fixed by, you know,' us ourselves.
So my issue with this is it seems i/kc the
Page 75
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developer is reany trying to do everything they can to
cut the neighborhood out and to try to -- I don't want to
say -- it just seems a little shady to me, you know.
honestly, the way that they're going about this seems very
shady to me. And I have no problem with, you know. an
~m-4 and putting more houses out there and developing the
land. I'm fine with that.. But, you know, it's -- I
don't understand how we can sit there and they'can say,
okay, we're going to do this, and we're going to do that.
when in the past they've said the same things and not
followed through with what they said they were going to
do. So thank you.
COMMI~k~IONER MULROY: Thank you. Mr.
Janssen.
COMMISSIONER .IOHNSON: Excuse me, Mr.
Chairman, I have a question.
COMMISSIONER MULROY: Mr. Johnson has a
question. Yes. Jason, if you'll come back down for just
a minute.
MIL PITZE, R: Yes~ yes.
COMMISSIONE.-R JOHNSON; YOU did not send in
a letter in opposition to th~s, right?
~ Prrz~.~ ~o, I didn't.
COMMISSIONER JOHNSON: B~cause?
M~. prrzm They told me that they were
Page 76
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going for an ~m-4 zoning on this.
COMMISSIONER JOHNSON: Did your -- did the
inquiry -- what did the letter you got from the City say?
M~ PIX'ZE~: [ believe it said -- to be
honest with you, I didn't really look at it because I took
thc word of thc dzvelopcr which --
COMMISSIONER JOHNSON: okay.
MP~ HTZm -- was my mistake.
COMMISStONER ~OH~$ON: Thank you,
COMMtssIONER MULROY: Thank you, Mr.
~ohnson. Thank you, Jason. Mr. Janssen, if you'll come
12 ......to the mike and MS. Cathy Huffgr, if you'll come down on
13 board, please.
14 ..... MR.)ANSS~.N: Thank yOU, Mr. Chairman and
15 CommisSion. my name is Eric Janssen. I reside 413 Fox
16 Creek Court I have some remarks, but I'd like to first
17 ..... point out that.fl,000 square foot lots do not. come out of
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one-acre ~-4. seven, eight and 9,000 square foot is the
most you can get because trees are there, so 11,000 feet I
really contest. As a 15-year resident in the area, I ask
that thc Commission tonight vote to recommend ~,m-,~ for
this property and not ~-6 as requested by Mr. Russell.
First, t,m-6 is not compatible with the
surrounding single family neighborhood on the northwest,
on the north, on the east and on the south are all NR-2
PLANNING AND ZONING COMMISSION MARCH 10, 2004
Page 73 - Page 76
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Attachment 5
and ;,m-4 homes. 85 percent of those homes are 0wael'~--- 1
occupied. We're not talking about some rental 2
neighborhood. NR-6 in the middle would allow 50 to 100 3
percent higher density than what exists currently in our 4
neighborhood. 5
Second, ~a-~ would give the d~veloper a 6
wide range of other incompatible uses. Those include and ,7
some of which, in fact, most of which'have not been 8
mentioned here, multi-units, singIe family attached 9
dwellings or row houses. Such high density structures can l0
group many families in a single building where the left or 11
right walls are shared with their neighbors. 12
NR-6 allows duplexes to be built on the 13
entire site. And.if I understood, it was about seven and 14
a half acres. So we're speaking of 45 lots w~)uld be 15
authorized if you approve t,m.~. Manufactured homes - 16
manufactured home development is allowed under ~m-6 in the 17
City Code. 18
Either non-residential uses for business 19
are allowed in Na-6. semi~Pubii'e clubs, halls, and lodges 20
are allowed in N~-6 and adult and child daycare business 21
uses are allowed if you approve N~-~. None of those uses 22
exist in our neighborhood nor are they compatible with our 23
existing neighborhood. Those uses and such higher 24
densities that ~-~ allows belong along main 25
Page 79
COMMIS~£ONER MULROY: YOU're out of time.
MR. JAN~,EN: Thank you for your time.
COMMISSIONER MULROY: SOrl'y tO Cut you Off,
Thank you, Mr. Janssen. Ms. Huffer.
MS. CARPEI, rrER: I have a point of
clarification.
COMMISSIONER MULROY: Yes. Kelly wants to
clarify, respond to some of those comments brieflY.
MS. CARPENTgR: I jUSt want to bo real
clear with the Planning Commission that an l,m-6, public
halls, clubs and lodges as well as adult daycare, it is
allowed in NR-~ with an sup and in NR-4 and NR-3 and in
NR-2. tt'S not just in
COMMISSIONER MULROY: okay. Thank you, Ms.
Carpenter. Mike Steinal, if you'll come down on board,
please. And Ms. Huffer, if you'll introduce yourself and
give us your address.
MS. HUFFER; My name is Cathy Huffer. I'm
at 2000 Longmeadow Court.
COMMISSIONER MULROY: cull that mike a
little closer to you, Cathy.
Ms. HUFf: t don't think it's going to
help. rmsorry. I've got a cold, too. I-oneofthe
gentlemen earlier said that he only had four votes in
opposition. I have a faxed sheet showing that I faxed
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Page 78
thoroughfares, not in a single -- as the representative 1
even pointed out, a very limited entry, exit spot on Audra 2
....... 3
Lane. '
Third, on'the other hand, ~-4 zoning 4
consistent with what this Commission has already approved 5
in the neighborhood would be compatible and it would match 6
Our neighborhood. I suspect that all of the neighbors 7
would support NR-4 since that's what we've been trying to 8
communicate to Mr. Russell and to Ms. Mitchell for the 9
past 18 months. I would urge you to ask the neighbors. 10
Finally, giving the developer ~'ra'6 zoning t 1
now without any firm plans would amount to speculativo 12
zoning. Other than compatible use and higher density, 13
being stabbed right into thC middle of a lower density 14
existing single family, single structure neighborhood, t5
I don't think that's fair, and I don't 16
. think it's good policy for us or for our_City....! urge you 17
to follow the Denton Plan tonight, vigorously protect our 18
neighborhood, preserve our existing neighborhood, and 19
recommend t,m-4, not NR-6. 20
I have with me ex^ Resolution -- 2 I
COMMISSIONER MULROY: You'r~ going to run 22
out of time in about five seconds. 23
M~. JANSSEN: oh, is that three. I'm 24
sorry. I thought that was two. 25
Page 80
mine in in opposition, and it was not counted. My house
is this area right here that directly is abutted by the
plan. I have no buffer behind me. I'm right into the new.
proposed site. So I think that's a little bit unfair. At
least some of the others have a buffer.
COMMISSIONER MULROY: Let's clarify whether
that was counted or not, please.
MS. CARPENTER: chris, would you come and
explain how you do the calculations so we're sure.
COMMISSIONER MULROY: And I'll give you
more time when he finishes.
MS. CARPENTER: He iS going to show you ·
that it was included. 'But let's just be real clear, so
everybody understands it. ' '
' MR. FULLER: The staff includes all written
notices of opposition received as of 5:00 this evening,
.. although, it's not in the presentat!on, if that's mailed
over earlier, we do accept all of the written opposition
and we do calculate it. At this point it's at §.7
percent.
MS. CARPENTER: Including yours.
COMMISSIONER MULROY: Thank you, Chris.
MS. HUFFER: Again, my site is right next
to it. It docs abut where they want to change into the
NR-6 and I do not have the buffers as the rest of the area
PLANNING AND ZONING COMMISSION MARCH 10, 2004
Page 77 - Page 80
Attachment 5
1 docs. 1'
2 I'm concerned because our neighborhood is 2
3 basically a family neighborhood. It's not with complexes 3
4 or duplexes, It has multiple areas and children that come 4
$ up and down the area in much of a family atmosphere. I'm
6 afraid th~tt the increase in population with the ~m-s will 6
7 create increased traffic areas. I have to leave ten · 7
8 minutes early now to get to my office from lunch simply to 8
9 get on MeKinney off of Mack. It's going to create more 9
10 traffic in there which is going to be hard to put up with. 10
1 Lee Elementary is right there. It's 1
2 difficult, if you try to leave your house at anytime 12
13 school is being started or let out because of the excess t 3
14 traffic. This vail put a higher population on to thaL: 14
15 There will be an increase noise in there and I believe it
16 will definitely decrease the value of my property. I've 16
17 only purchased the house three years ago and now I'm going 17
lg to have this abutting it. ' .... 18
19 Also, .when we met with you on December of 19
20 this year, we expressed our concerns that the Developer :20
21 only wanted to rezone part of its property at that time, 21
22 so he could come hack later and try to rezone the rest at :22
23 a higher level. You told us then to give you some credit 23
24 and have faith in you that if he tried to rezone the rest :24
25 to higher than NR-4 at a later date, you would not fall 25
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Page 83
MR. FULLI~R; xhat is correct. If you look
at these properties and Commission members, if we could
use the curser, actually we're -- these properties just
north of Paisley are --
MR, STEINAL: That's 500. This is the 200.
taR. FULL~: correct. And if you look at
these properties are within ~hat 200.
MR. STEINAL: There'S about eight there.
There's one -- eight, nine, ten, eleven, twelve, thirteen,
fourteen. And this is all one -- the rest -- and these
axe tho developer.
MIL ~tmLER: YOU also have these along
Longmeadow.
MR. STE[NAL: I count erie, two, thr~
four, five.
Ma. ~2t,LER: we've got thru, five, six,
seven, eight, nine, ten, eleven, twelve, thirte~,
fourteen, fifteen, sixteen, seventeen, eighteen nineteen,
twenty. They're all within the 200 feet, sir,
MR. $TEINAL: Ye~l. But this is the City
and this is the developer.
MiL I~lCHHART: If I may, too. Even though
this is owned by one property owner, it counts as seven or
eight different notices that went out because they're
separate properties. And that's the way that works.
Page 82
for his trick. I'm holding you -- I'm holding on to my 1
faith in you that you will follow through on your word, 2
and only ·al·10W him to rezone as an NR-4, not an NR-6. -13
Thank you. 4
COMMISSIONER MULROY: Thank you, Ms. 5
Huffer. Mr. Steinal, if you'll come to the mike and 6
Stephen Moors, if you'll come down on board, please. 7
MR. STERNAL: IS it possible to ask a g
question of staff?. It's just about the numbers of the 22 9
respondents. I was looking at the map that was mailed to I0
us and I don't count that. there are 22 different proPerty 11
owners in that 200 foot tl{ing. 'I just' Wonder hOW that ~ 12
.. got.,7 13
COMMISSIONER MULROY: I~V0Uld iike t0 ailoTM 14
this for clarification for everybody's edification, and 15
it's not going to count against your time. We would like 16
-. this to be very clear. · ......................
MR. FULLER: sure. ~tVhat we do is we
generate that 200 foot buffer using our GIs software. The
22 and, in fact, 23 people that were within that 200 feet
are taken from the property tax rolls, so that is not
something that staff does. That is something the
generates, we verify and it should be 23.
MR. STERNAL: They would be within this map
here7
Page 84
COMMISSIONF-,RMULROY: okay. Thank you,
gentlemen. And that was a good question. We appreciate
it.
MR. STt~INAL: My name is Mike Steinal. I
llve at 705 Mack Drive which is -- it used to abut the
property in question. And I just want to reiterate what
Cathy said about in December when we were here and we were
concerned about --
(TAPE 2 I~NDS. TAPE 3 BEGINS)
Ma. S?EINAt.: -- no duplexes and primarily
Owner occupied. So I would urge you as a property owner.'
in that area to either deny the request or ask the ' ' '
developer to ask for NR-4 which would be more compatible..
NR-S would have a negative impact on our property values,
the quality of life congestion, everything than non-owner
occupied homes brings with it, problems with noise and
17 light pollution and all of that. I just want to say
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something that -- this is about the fourth time that we
have come before you. And each time we get fewer and
fewer people from the neighborhood there. And I want to
say as I walk through the neighborhood and talked to
people along Paisley and Mack today and put up flyers,
that a lot of our neighbors are really -- they're
discouraged because they don't feel that the Commissioners
necessarily have their interests at heart.
PLANNING AND ZONING COMMISSION MARCH 10, 2004
Page 81 - Page 8~
Attachment 5
I And I want to encourage you to prove them 1
2 wrong by voting or choosing to either deny the ri:quest or 2
3 ask that it be moved to N'R-4. And so just to show them 3
4 that you care, that we -- you know, that Denton grows 4
5 responsibly and coherently. Thank you very much. 5
6 COMMISSIONF--R MULROY: Thank you, 6
7 Mr. Steinal. Mr. Moors, if you'd come to the microphone. 7
8 And Ms. Owens, Doris Morgan Owens, if you'll come down. 8
9 Ms. C~2Etgmm what did she say? 9
10 COMMtsstOmm MULaOY: rmes she not wish to 10
11 speak? Okay. Go ahead, sir. 1
12 Mg. t~OOKS: ~4y name is Stephen Moors. I 2
13 live at 2014 Langmendow Court, and I )Jvc for this 13
14 particular property now 210 feet from that p~.operty within 14
15 thc 500 foot range, but not within thc 200 foot. I'd like 15
16 to be brief. Most of the speakers already have expressed 16
17 what I wanted to say. I just wanted to again just 17
18 reiterate, we're looking for compatibility and consistency 18
19 and density and in the land use. They're single family 19
,20 homes. It's a wonderful neighborhood. We would just 20
21 like to presort'ye that. We ask that you do what you 21
22 indicated last time is to really look at that and look at 22
23 what the developer is trying to do for the other 23
24 prope~ies. Thank you. · 24
25 COMMtSStOt'W.R MULgOY: All right. Thank 25
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Page 86
you, Mr. Moors. That concludes the citizens that desired
to speak. I do have several -- yes, sir. Did you -- ' M~. ROBINSON: [ had a card.
COMMISSIONER MULROY: pardon me?
MR. ROBINSON: I had a card.
COMMISSIONER MULROY: And your name, sir.
MP,. ROBINSON: I'm Bryan Robinson.
COMMISSIONER MULROY; come on down, Bryan.
MR. ROBINSON: I had a card and I wanted to.
say something real quick.
COMMiSSIONER MIJLRO¥: I'm not.a very good
at card playing. 'i pr~bably'lost it in the shuffle: . .,
Bryan, if you'll gi~e your name and address. . ......
~m. ROBINSON: rm Bryan Robinson. I live
at 409 Fox Creek Court, which is just around the comer
from the property. My wife teaches at Lee Elementary
I7 School.
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It's just around the corner. And if I may, I
just wanted to quote a letter we had back S~te~nber 10th,
2002 from the Lee a~,just very quickly. It was "Be it
resolved that the Lee PTA strongly suppom the
preservation of th~ current single family zoning of the
land at 700 Audra Lane, and be it further resolved that
Lee ~T^ strongly urges the Mayor andCity Council members,
the Planning and Zoning Commissioners, and all of the City
staff to deny any attempts at rezoning changes that would
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Page 87
allow apartments or other high density or high traffic
uses of land near our school."
The main point was - just wanted to bring
that forward that that had come up with the Lee ~T~,
because the area is quite congested with traffic and so
forth around the school. And I just hope you consider
that. Thank you.
COMMISSIONER MULROY: Thank'you, sir.
Okay. That concludes thc citizens that turned in a card
to speak. I have several that turned in a card to
register their opposition. I'm going to read their names
for the record. Doris Owens, Joshua Travis, Sara Travis,
Sudy and Denny Cowling, Denise Stansel, William Calfee,
Joel Dicoz, Jennifer Calfee, Kcvin Maxson, and Cofinla
Maxson. Thank you for turning in the cards. At this time
the applicant -- would you llke to rebut the citizens'
comments?
MS, MITCHELL: Yes, sir, I would.
Mr. Chair, thank you vgy much. I just want to bring up a
couple of points and then go ahead and maybe address some
of these concerns. As I brought up in the presentation to
you tonight is that this property -- the property that's
before you right now, thc property that recently got zoned
~-4, any of this propeax'y of the total lg acres cannot
and will not be connecting to these existing residential
Page 88
developments. Our access can only be off of Audra Lane.
There can be no connectivity on to Long Meadow.
Therefore, regardless of whether or not it
stays NR-2. NR-4, I,m-6. the adjacent properties along
Longmeadow will more than likely have a back yard adjacent
to their back yard. We am proposing single family
residential development, We are not proposing towrthouses.
We're not proposing manufactured housing. We're proposing
single family residential development on this property.
As far as the comment that was made to'you that says the
developer is going to try to keep all of this 1~-4, the .
owner of the property is. here tonight.
The owner of the property nor myself have
even m~t wifft this gentleman and even said to anybody that
we're planning On keeping all of that ~.4. If we had
plans of keeping it ~-4, then it certainly would have
. been part of our original application. Now, we did not
know what we were going to come in with until we started
receiving a lot of thc comments from.the neighbors saying
that they feared us coming in with multi-family on the
remainder of the property.
We came in with the zoning district that
does not include multi-family. If you recall the .
neighborhood letters that we received back when this went
to HR-4 zoning on the adjacent property, thc majority of
PLANNING AND ZONING COMMISSION MARCH 10, 2004
Page 85 - Page 88
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Attachment 5 ·
these letters referenced the fact that they feared us t
coming in with multi-family. We are not doing this. 2
Additionally, we have had the neighborhood 3
meeting, and at that neighborhood meeting, as I recall, 4
one of the neighbors came right out and said, it doem't 5
matter What you do wi~ this property, we want it to stay 6
exactly like it is. And he stood up in the front row and 7
announced tha~ to everybody, we don't want anything to 8
happen with this piece of property. 9
So again, we're trying to take the 10
neighbors into account. That's why we came up with the 11
NR-4 zoning. The State law as you-all know req~ 12
do -- the City to do a 200 foot notification. The State 13
law has obviously come up with this number. 14
go a little bit further out. Denton does a 500-foot 15
courtesy notice. But it has been shown that the 200-foot 16
is the area that is most critical to the adjacent 17
properties. 18
So when you look at how that's going to 19
impact the adjacent properties, that's why we kept the 20
NR-4 exactly as it was abutting the existing NR-4. I 21
would like to just quickly show you, if I can find it real 22
quick here -- I'm going to put it right up here on the 23
screen. This .is clearly an in-fill piece of property. 24
When the Denton Development Plan was 25
Page 90
adopted, this came in as the Comprehensive Plan as the
existing neighborhood's in-fill compatibility. We feel
very strongly that 'beCause we knew it wasn't going to be
able to come in as mfilti-family, we have worked and worked
trying to take care of the concerns of the neighbors. And
I don't feel that it's going to happen. We have come in
now with what we refer to as transitional zoning request,
that is, the NR-4 adjacent to thc existing tm-e, which
will give us a more intense Zoning. I'm not going to say
that we're not going to request that. We're here tonight
for that reason.
· But You mu'st also take into account what
we've got over in this area. We've got muiti~family that
is located right h~. We've got an existing park. We've
got retail that is located in this particular area beCause
you have McKinngy that is located right hea'~. I
understand the'conchs the ndghbors have, as far as the · ·
elcnnentary school being thgm, as far as all of the
traffic, but we do not believe that by putting in single
family residential uses that it's going to substantially
increase the traffic of what we already have in that area.
So with that b~ing said, I'll be able to
answzr, hopefully, any questions that y'all may have.
cO~M~SSm~ER ~-~aO¥: Mr. Johnson is first
up on the que.
Page 91
COMMISSIONER JOHNSON: I do have one
question. Mack Park down th~x~ that's shown, do you see
where your site is on that picture that -- if you draw a
line, that horizontal line at the bottom of your site due
west and connect it to those apartments --
MS. MtTCH~.Lt.: This fight here7
COMMISSIONER JOHNSON: Y~ah. The bottom
line. Everything south of that line, is that Mack Park? MS, MITCHELL: Yes) Sir.
COMMISSIONER JOHIqSON: Evon the co['I2gl' that
abuts the apartments over there on the West?
MS. MITCHELL: Right'hero?
coM~ssmt, am ~otr~soN: Right in there?
That part is part of the park?
MS. MITCHELL: Y~, sir.
COMMISSIONER JOHNSON: okay. SO that is
not something that you ever could or -- would or could ask
for a zoning change on, right?
MS. MiTCHELL: That's not our property,
that's corral.
COMMissiONER JOHNSON: '~hat'S City
property?
MS. MITCHELL: That's correct.
COMMISSIONER JOHNSON: okay. Do you -- do
you know of any plans for the - current plans of tho
Page 92
1 owner for the property immediately to the west of the si~
2 in question today?
3 MS, MITCHELL: ! don't know the plans for
4 it. I think that the outcome of this vote and the City
5 Councll vote will determine what they do with the rest of
6 the property.
7 COMMISSIONER JOHNSON: okay. Thank you.
8 COMMISSIONER MULROY: Ally fllrther
9 questions? Wo have no further questions. I am going to
10 close the public heating and open the Commissioners to
11 discussion or motions. Well,'we're stumped. Maybe I can
12 help.since there's no one up to speak. You know, I have
13 -- I hear the neighborhood and that's part of the process.
14 And that'S '(~t~y the State law is what it is and that's Why'
15 the City ordinances'are and we take that into account.
16 .amd what's near and dear to you is what you're down here
17 wanting to protect .....................
18 And our job is to weigh that against land
19 planning for the whole city, the land p!anning concepts
20 that have just been passed city-wide and the Development
21 Code, which rally calls for the lower density, then
22 buffer, and increasing that. And then you get into a
23 higher density area apartments and parks.
24 So th~ land use concept that's nationwide,
25 not just this n~-ighborhood is pretty much what's ladderlng
PLANNING AND ZONING COMMISSION MARCH 10, 2004 Page 89 - Page 92
Attachment 5
1 up them in my -- could we put the map back up, the
2 overhead photo?
3 MP.- FULLER: MS. Mitchell had a different
4 version with the red lines.
5 COMMISSIONER MULROY: ~et's have the one
6 Ms. Mitchell had with the apartments and the park, and
7 I'll try to wind this up quickly, Mr. Roy, so you.can get
8 up. But my comments may help the rest of the
9 Commissioners. As I looked at this, you know, my reeen
;10 neighborhood history is I lived in Southridge on a rather
11 large lot and got tired of mowing the lawn, so I was
12 looking for a smaller place -- well, I still live in
13 Southridge. I live in a duplex. And then further towards
14 the intersection of 1-35 and Teasley, there's probably 600
15 apartment unitsl And that's two or three blocks from me
16 but I have a park and I have a band of the Southridge
17 single family, and on the other side of Teasley we have a
18 very large park and a school.
19 And that's how neighborhoods work. The
20 land uses are buffered. I like'my neighborhood. I just
21 moved into a higher density because of the space I no
22 longer required for myself. So when I look at this map
23 and could superimpose the street of Teasley and 1-35,
24 Teasley being to the bottom and 1-35 being to the left and
25 your top access would be south, you know, it's not much
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____~_~__~ Page 95
I know the City Council is concerned about
zoning creep, but it looks to me like in this case and
tm-a, probably is what is the right way to go on it simply
because the vast majority of the people wanted -- it is
consistent with the vast majority of the zoning in the
6 abutting area. And if we do go with the higher density
7 irmnediately to the west, then that does buffer to the
8 apartments. So what I'm going to do is suggest that we
9 not approve rezoning this iO"Na-*, sd I'll make that in
10 the form of a motion. '
1 t COMM[SSlONF-~ Mutter: okay. I have a
12 motion by Mr. Johnson but I had two people up on the que
13 to speak. Would you like to speak Mr. Roy?
14 COMMISSIONER ROY; 2't~s i8 a difficult
15 case, and obviously we've looked at it several times. You
16 know, we are promoting in-fill. And this is a ripe --
17 it's a classic case of where in-fill makes sense. The
18 recently approved tm-4 does pmvlde buffer. Those
19 arguments are cogent. It just makes a lot of sense to me
20 the way they're moving this. But -- and I take the
21 applicant at their word when they say they do not plan to
22 build townhouses in this area, that they're proposing
23 single family residences. And I assume that's in the
24 minutes.
25 So I am struggling with this. I als0 feel
Page 94
different from the Southridge neighborhood. 1
So I understand the land use concept. I 2
understand what the homeowner wants to pro,ct. But 3
what's being proposetl is not radically different than 4
what's already in the great part of the City. I'm 5
finished with my comments. Mr. Johnson. 6
COMMISSIONER JOHNSON: Well~ this is a 2- 7
this particular issue has had -- or property has had more 8
citizen input than any I can recall since the Wal-Mart on 9
Teasley. Okay. And it's about as emotional, it appears 10
-- it's kind of -- this is going to be a very interesting. I 1
one, how it Works out because I've been looking at this 12
property for a long time. i don't know how you're going 13
to get in and' out of it. But that's not, of' course;' tho ..... 14
issue that's before Us. It does appear tome that to the 15
south the park has adequately buffered everything all of 16
the way down to McKinney. It Can't bo apartments anymore. 17
To the west, maybe we don't know what's t 8
going to happen there, but it could -- I think the concern I9
is it's going to be more apartments there. And it could 20
be. We don't know what's going to happen there. This 21
whole area was originally zoned NR-2, and there was a lot 22
of concern about it, first of all, maintaining tm-2, when 23
we first came up to it, and I think that that was 24
obviously wrong. And we eventually went to ~ra-4. 25
Page 96
wry concerned about, you know, the landowners in the area
and their concerns. I wish that we knew what was going to
· happen -- I can only guess what's going to happen to the
west. But I'm still straggling with this one. COMMISSIONER MULROY: Mr. Watkios.
COMMISSIONER WATKIN.'.'.'.q: Thank yOU,
Chair. Recent developments of another body besides
ourselves asked about Na-S in a site not too far away
perhaps with as much animosity as this. The other body
was not willing to, if you would, move to a denser zoning.
This definitely needs to be developed. It's a beautiful
piece of property. There's:just no question about it. I
guess the further we go the more they get into the money
situation, tho harder it is to develop.
But I can't in good conscience vote for ·
tm-6 regardless of townhouses, duplexes, whatever, I trust
Karen explicitly, But still by the same token, I feel if
it moves on up as in NR-6. it will be reversed, because we
couldn't get a couple of hundred square foot less off a
mile or so away. But twixed and bet~eened, I guess you
would say. Thank you, sir.
COMMISSIONER MULROY: Thank yOU, Mr.
Watkins. Mr. Strange.
COMMISSIONER STRANGE: I, too, have a
concern about the ~m-6. And I understand what you say
PLANNING AND ZONING COMMISSION MARCH 10, 2004
Page 93 - Page 96
Attachment 5
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about the single family as your intent and that could bo
your owner's intent. But if some~me else purchased the
prop~'ty and that zonlng was with it, then it would open
it up to these other uses, and I would have a problem with
duplexes or attached dwellings in this ar~a. And I don't
know how we get around that with what's before us tonight
with the -- with the information. B~cause if we approve
it to t~-~, then in essence, we ar~ approving any and all
of these other uses, so that's a concern that I have.
COMMISSIONER MULROY: okay. I have no one
else on the qua to speak. I have a motion by Mr.. 5ohnson
tO [~0 to NR-4 0[I this.
COMMISSIONER POWELL: [believc Mr.
Johnson's motion was to deny.
COMMISSIONER $OHNSON: My motion was tO
deny Na-~ which is the request which would not change the
zoning from what it is now. It simply d~i~s the r~xtuest
that's before us.
COMMISSIONER MULROY: My mistake. My
apologies.
COMMiSSiONER POWELL: IS thgt"~ a
yet7 I'll second it.
COMMISS[Ob~-~R STRANGE: I'll second.
COMMI,g~IONER POWELL: I b(~tt yOU to it.
COMMISSIONER STP, ANGE: aarely.
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Page 98
COMMISSIONP-.-R MULROY: okay. We have a
motion and two seconds. A motion from Mr. Johnson and a
second front Mr. Strange to deny the it~n as submitted for
~.~, Mr. Roy.
COMMiSSIONER ROY; one illor~ question for
staff, If we went to Nh-O, [ believe there's no
requirement for any physical buffeting say to that section
doWn along Longmeadow between t,m-6; isn't that correct7
MR. FULLER: That is correct.
COMM[~IONER ROY: Thank you.
COMMESSlO~mR MOtRO¥: Okay. Any further
discussion? Okay. So be reminded the motion is for · ·
denial So when you vote yes, you'r~ turning doWn thc
zoning, pleas~ Vore. MotiOn carries 6-0.
Okay, Is ther~ any future agenda items?
ff not, we'll adjourn the meeting.
Page 99
PLANNING AND ZONING COMMISSION MARCH 10, 2004
Page 97 - Page 99
ATTACHMENT 6
City of Denton Planning & Zoning Minutes
December 17, 2003
5. PUBLIC HEARINGS: Hold public hearings and consider making recommendations to the
City Council on the following items:
A. Rezoning of approximately 6.6 acres from Neighborhood Residential 2 (NR-2)
zoning district to Neighborhood Residential 4 (NR-4) zoning district. The sites were
located approximately 350 feet south of Paisley Street, between Audra Lane and Mack
Drive. Approximately 26 single-family lots were proposed. (Z03-0030, Laurel Oaks
Developmem, Chris Fuller).
Chris Fuller, Planner I, briefed the Commission on the request for the rezoning.
Karen Mitchell, Mitchell Planning Group, presemed on behalf of the applicam.
The public hearing was opened.
Speaking in opposition were:
Sandra Lewis, 2012 Lee Drive, DeNon, Tx 76209
Cathy Huller, 2000 Longmeadow Ct., DeNon, Tx 76209
Connie Bell, 807 Mack Dr., DeNon, Tx 76209
Mike Steinel, 705 Mack Dr., Denton, Tx 76209
Justin Quinn, 513 Mack Dr., DeNon, Tx 76209
Eric Janssen, 413 Fox Creek Ct., Denton, Tx
Commissioner Mulroy stated the opponents needed to focus on zoning issues only and not
platting issues.
Dottie Palumbo, Assistam City Attorney, stated Planning &Zoning couldn't deny zoning based
on what they may do with the other parcels. Commems need to be addressed to the specific
property only.
Commissioner Powell stated whether people live in 200 feet or a mile they have the same say.
Kelly Carpenter, Director of Planning, stated notices that go out include a 500-foot courtesy
notice and some people may still be in the 500 foot for future re-zonings.
Karen Mitchell, Mitchell Planning Group, gave a rebuttal and requested that a decision be made
and not postponed.
The public hearing was closed.
After discussion, Commissioner Johnson moved, Powell seconded to approve the request. The
roll vote was as follows: Commissioner Johnson - aye; Commissioner Powell - aye;
Commissioner Holt - aye; Commissioner Strange - aye; Commissioner Mulroy - aye;
Commissioner Roy - aye; Commissioner Watkins - nay.
Motion carried 6-1.
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Attachment 7
coMMIS-S[ONER APPLE: ',,",.'C r~ going to
re, convene o~ m~ting. W='~ going ~ ~onwn= o~
m~ting and begin ~th limn No. 13 which is a public 3
h~ring. Ms. Willis with thc Planning stuff will pr~m 4
5
and I'll op~ ~e public h~ng.
MS. WILLIS: Good eyeing, ~fisaion~s. 6
Tiffani~ Wi~s, Cas= Mana~ h~ bdo~ you ~enting 7 .
I~' No. I3 on yo~ A~da, Sad~ C~, ad~s at 700 8
and 702 Au~ Lane. ~e s~i~t zoning oa~e ~u~t 9
befo~ you, ~ have -
you could rake yo~ phon~ cab ou~ide ~ chamh~s, 12
MS. ~LUs: rH b~in a~in. ~a~ you. 13
MS. WILLIS: Th~ cass hef~ you ~s
eveuin& is 700 and 702 ku~ ~n~. ~00 and 702 AU&a Lan~
~ befo~ you toniet. ~ s~iet.zouing ehan~
Co.oration, is proposing a s~aight ~ning c~n~ from 19
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~m-2 zoning c~sificatiou to
Notice ~at adjacent to ~ no~, sou~, and ~st ~ 22
existing siugl~family smnd~d ~mblis~.d~l~ng 23
Mack P~k mMti-f~lY ame~ apament uni~. Agaiu~ 25
Page 122
multi-family d~elopm~t is.propos~ at &is prop~.
2
C~ntly, ~e prop~ is mostly vacanL
~e sp~ific su~est~ land us: ~nal~is 3
provid~ by ~e ~pplicant at ~e tim~ of application 4
su~3~s~ ~ th%~ wi~ build 256 maid-family d~Iliag 5
unks. ~ you s~ on yo~ backup, p~gz 7, ~ si~ 6
proposes compac~ possibly ine~sing ~e ~nsi~t 7
population; ~us, seMng a cfi~a for p~fomauce 8
sand~ ~ on Au~ Lane.
~c ~ues~ zoning c~n~ allows for 222 10
uni~ bas~ on ~e propose, zoning for ~-m according 11
to ~ ~velopm~nt Cod~'. 2~2 uni~ ~ a~ow~ acceding I2
m ese ~velopment Code basM on ~c proposM ~-h 13
zoning ch~sificafion-
Before you on ~e se~n, photos learns
do~ Aura Lan~ towed ~e Mc~nn~ Av~ue, W~ s~ 1 fi
~nchoring McKinn~ ~ co~ial m~s coming back reward
Au~ Lane. ~$ is i~iatcly as you approach ~: sit= 1
h~ b:iqw is preW much vacant. To ~ west, south is 19
th: co:muniD' ~x~ ~e ~n~l which houses ~e Mack P~k 20
Apa~ents. O~ than ~a~ ~s site is bord~ by
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=smb~sh:d slngl~fa~lY hom~, '
As identified in fl~ nmp and yow Mckmp,
~= notification wag provided to ~d~s=s identified on
~e Denton mx role. A total of 237 or mor~ public
notices were [ ided via thc mailing. Those notices were
for 200 and 500 foot.
The slide before you shows the future land
use, the existing land uses, existing neighborhoods,
id'Lib compatibility. The plan recommends that the
existing nei~borhoods within the City vigorously protect
and preserve neighborhoods. Multi-familyunits that are
compatible with the existing denskies, neighborhood
service, commercial, 'and other land uses are allowed. The
Compr~henslve Plan maeourages diversity of housing stock
and increased densiTM would definitely Ihnit tee sprawl.
Before you thc applicant is requesting to
go from NR-2 residential zoning to the NRMU-12 residential
zoning classification, Excuse me, As you can see.,
N~MU-I2 is hrxnediately to the south of this particular
site, I would like to tatum to our notification map and
indicate at this time we have received I2 additional
responses in'opposition to this zoning ch~ge to date
Since the response or the written, typewritten information
provided in your backup. We also have received one letter
in favor of this zoning change request, person addressed
at 708 Audra Lane. Currently, the opposition for this
property is at or above 52 percent of the residents that
responded to the 200-foot notiScation.
In conclusion, a zoning change would allow
page 124
new construction and extend the multi-family use into
ex{sting single-familY nei~borhoods. This concludes my
presentation.
COMMISSIONER APPLE: Thank you. I believe
we have a couple of questions. Commissioner Powdl.
COMMISSIONER POWELL: The map that's up
there now, please if you could describe to me, define for
me the colors.
MS. WILLIS: Before you, Commissioner
Powell, the gold is definitely our site and then the
adjacent areas in red would be the areas of properties
that are in o~position. The grayed out areas, excluding
701, we did rcceiye an opposition position on that case
today short of 4:00 o'clock today, they are in opposition
and counted in the 20 percentile area according to the
Code. And this would definitely, the 52 percent, this
amount of opposition will definitely trigger a
super-majority vote subject time this case goes to City
council.
MR. SALMON: what do the gray properties
represent?
MS. WILLIS: The ~ay propertiesJ
COMMISSIONER ?OWELL: Blue, whatever that
is th~m.
MS. WILLIS: They are just shadowing,
page ~2t - Page 12~:
PLANNING AN'D ZONING coMM/SSION 12/4t2002
Attachment 7
1 showing that they're within the 200-foot area. IT6wdVer,
2 at the th-ne that we created our map had not provided a
3 decision.
4 COMMISSIONER POWELL: SO there was no
5 respons~ from those at that time.
6 MS. WILLIS: That's correct except for --
7 MIL REICHHART: They're just shaded to show
8 that they Were.within the 200-foot but we have not
9 received a response.
i0 MS. WILLIS: Except for the 701.
11 COMMISSIONEg pO'C/ELL: 1 understand.
12 MS. WILLB: Except for the 701 property.
13 Again, we did share with you that we did receive
14 additionM responses within the 200-foot but they're after
I5 the typewfitte~ was provided in your backup:
16 COMMISSIONER POWELL: Thank you very much.
17 Ms. WILLIS: YeS, sir.
18 MS. REICI-rI-IART: And there are a couple of
: 19 properties that we received opposition from that aren't
20 identified on here. So, I mea~, this isn't an up-to-date,
21 but there's over 50 percent opposition ri~t now.
22 COMMISSIONER pOV;ELL: It'S as up-to-date as
23 you could do it. I understand. Thank you.
24 MR. REICHHART: There are a couple of
25 misses.
MS. WILLIS: Thank you.
Page 126
1 COMMISSIONER APPLE: Thank you.
2 Commissioner Watkins.
3 COMMISSIONER WATKINS: Thank you, Madam
4 Chair. 'Ms. Willis, on p~e 3 of our backup, ! read on the
5 middle paragrg apb the majori~ of the properties located
6 within 500 feet of this property are re, tat, multi-family
7 type dwelling units. Is that not an error judging by the
8 map that's on the screen?
9 MR. REICHHA~T: YeS.
10 COMMISSIONER WATKINS: JUSt simply to make
I 1 clear. Thank you very much.
12 COMMISSIONER APPLE:' comm/ssioner Roy.
13 COMMISSIONER ROY: YOU stated that the
14 maxhnum units that ·could be built on this property is 222
15 ' under the NRMU designation. The applicant, as i read in
16 my backup, has a significantly hi, er number than that.
17 So toni~t wc are r~ot considefin~ that issue. We are only
18 · considering the NRMU; is that correct?
19 MS. WILLIS: That is correct. Tonight
20 before you is a straight zoning change, NR-2 residential,
21 proposed NT~v/u-12 zoning change request. Yes, sir.
22 COMMISSIONER ROY: Thank you. - .
23 COMMISSIONER APPLE: There are no more
24 questions. Thank you.
25
Page 127
T- ~~'~M~,,jISSIONER APPLE: IS thc appticanI
2 prescat?
3 MR. RUSSELL: Yes, ma'anh My name is
4 Robert Russell. rm at 6231 Berry Hit1 in Dallas, Texas.
5 · · Wc have applied for a zoning change, on this
'6 property. It's approximately lg and. a half acres. And as
7 Tiffanie has just mid you, it's bordered by single-family
8 and muhi-fanfily to the.west and south, as well as Mack
9 Park which is there below us to the south. The property
l 0 is heavily wooded. And in the plan that we have proposed
I 1 with the City, we have kept.approximately 75 percent of
12 thc tr~s that am them. We feel like that that's an
I 3 important part of thc property and we've auempmd to km'~p
14 ss many of those lrees as possibly. A lot of them are
1 $ over 50 years old and those ~r~ all mg~d and marked on a
16 surv~ for us.
17 This property is very close to the
18 employment government center that you se~ down Audra Lane
19 and on tho south side of MeKJnney Avenue whmx: the new
20 government centers are located. As well as on McK_inney
21 Avenue, there's also th~ Food Lion at the comer that's
' ~ being turned into government offices, as well This area
[;~ is going lo continue to need additional housing. It's an
24 area that has, we believe, hi¢~ me for housing for the
25 government ccnmr that's canting ,nd is akcady in place.
· Page I28.
1 They also have the occupancies of the properties there
2 located nearby rmnain rather high and we feel that there
3 is n need for additional housing in that area.
4 This housing is 'not subsidized. We feel
5 that multi-family is the best use for the property because
6 of its relatively small size and because there's only one
7 entry into the property 8nd that is off of Audra Lane.
8 There is not ~ flow-through Stre=t.
? The propm'ty was zoned Agricultural until
10 the plan was taken in earlier this year. It's my
11 understanding that it was, along with several other
1~ properties, defaulted at i,m-:. And we believe that the
13 best, as I said, we believe that the best use of the
14 property is multi-famiiy. We aisc a~ee with Ms. Willis'
15 calculation of 222 units and fl~at would be the maximum we
16 would ask for.
17 We've had a neighborhood m~ting in
lg September. We had exccIIent turnout and we had excellent
19 sugg~tions from the neighborhood and we have art,ap;ed to
20 respond to those comment~ and complairits and sugg~tions
21 in the following manner. We're down to 222 units which we
22 believe i~ corr~cL Wc haw, chan~cd the plan xo have only
'23 lw0-story buildings. We do ne have an5' thrm-stoD'
24 buildings.
25 One of the biggest complaints/nar v,'e heard
Page 125 -Page 1'2_
?LAN-NrNG AN-T) ZONING COM2VtXSSION 12/4/2002
was that we were too close to the $ingI~famity homes at
2 the back of the propenY along Paisley and Mack. as well
3 as Lon~neadow, and wc have proposed to increase the buffer
4 zone from ten feet to 25 feet along those three sides. In
5 addition to that, we would provide an eight-foot fence.
6 The ¢i~t-foot fence would be moved eight feet, at least
7 ~i~_.ht f~t on to our property and our residents and their
g pets could not g~t in that eight-foot bulf~r zone between
9 the fence and the neighborhood.. That would cut down on
10 noise, trash, having pets at your backyard, and having
1 people in the back.
t 2 One of the other things that was suggested
: 13 was tha~ the trash pickup was a problm~ on properties like
i4 ' this because they're commercial and sometimes their trash
15 is mx. tpfied in the middle of the night. And we have
1t5 stm*,ested and would go t,o a compactor system whom we
I7 would pick up our own trash with a maintenance man and
18 bring it to the front of the property so it would be the
19 furthest point away from the r~sidents. Thank you.
20 coMMISSIONEgAPPLE: Thank you.' 13 then; ·
21 anyone in the audience who would like to speak in support
22 of this A~nda item?
23 ~i1. s~rr[~: iwoutd. I llve at 706 -'
24 COMMISSIONER APPLE: YOur nalrlC, si.r?
25 ~a~ s~rm: navid Smith.
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Page 130
COMMISSIONER APPLE: Yeg, Sir,
MR. sMrrH: And like he says, we've got
nice apartments already. They don't bother us and I've
owned the property ever since 1981 there and it's been in
my wife's family, all the property since early '50's or
the late '40's. My wife's,· tike I said, fa-ally owned the
property. Like he says, Pre got no gripes about the
apartments and I'm the only house that's facing'the
apartments. So ail the rest of them is the back of the
apartments, their hduse. But like I said, my house does
face ri~t in the very canter of it. Thank you..
COMMISSIONER APPLE: Thank you, sir. Is
them anyone else who wishes to speak in ~upport? I have
a number of cards that wish to speak in opposition. Eric
Janssen.
MR. JANSSEN': Thank you, Madam Chairwoman
and Commissioners. I appreciate'being here teni~t. Eric
Janss¢n, I live at 413 Fox Creek Court, within 500 feet.
There's a couple of pertinent facts that I
placed on the letter before you. And I know that there
are several different ~oups here this ev~i. ng, all very
interested, and most have been able to stay this late, who
also are opposed to rezoning this property NPoMU-tZ. It' I
could ask all those opposed to please stand,
Attachment 7
Page 131
~OMMtSSIONER APPLE: It you'd plcasc
2 address the Cotmnission.
3 MR. JANSSEN: YeS, nm'am. I'm sorry,
4 COMML~IONER..APPLE: Thatlk y011.
5 MIC JANSSEN: ?hero am homeowners who back
6 up to The Fountains Apartments which wm'e already zon~
7 NRMU-12 and these apartments were built directly behind
8 these homes. There's a speaker h:rc for that group.
9 Ther~ are speakers here who abut this site on all sides
10 who would like to.speak. There's a representative of the
11 Lee Elementary etrn who would like to speak, a teacher from
12 the erA. ! don't know if the prat> is here toni~t. And
13 then th~-rc are a f~v more other homeowners in thc area.
14 Each one has a unique perspective on the issue and they
15 would each appmciat* three minutes, while at the .same
16 time u'ying to make thc meeting go as quickly as possiNe.
17 tf I may point out a couple of things
18 regarding thc staff report, As the d~eloper did mention,
19 there were 85 people who showed up on just a couple of
.20 days notice at th~ site. Most were opposed before the
21 meeting. By thc end o~ the meeting, I think the staff
22 will report to you that th~ wcrc all opposed. I'd like
23 to point out that the Mack Place Apartments, I think it's
24 already been mentioned, have also taken a position of
25 opposition.
Page 132
1 Pd llke to point out that the diversity of
2 housing in the City certainly is necessary and it's
3 appropriate, ~nd the Planning Dea, elopm~t Code has
4 stiputat~ that. I boli~c in the planning process. I
5 was told'by Mr. Robert Reinard today that in the
6 development process, multi-family was cited along McKinney
7 Street. It was anticipated for that growth, mostly on the
8 side intentionally for that mason. On the north side
9 from McKinney all tl~ way up to almost to Mingo and to the
10 railroad lrack~ is all sch~uled for single-family
11 neighborhood infill. That's ~vhat we would like to sm it
12 sm),,
I3 The percentage ~f 52 percent, in acmahty,
14 I believe the ntmther is actually higher. On thc original,
15 or. the computer screen a moment ago a moment ago it showed
I6 all the mspondees on Long-meadow Court as being in
17 coding. In fact, almost es'm-y single one of tho~e have
18 ~ubmiuexl their reloorts and they are all opposed, t have
19 copies of those. So t think that was probably just an
;20 oversight.
21 On my letter I'd like to just read in~o the
22 record the points that I made on that teuer, and that is
23 the business about the zoning along McKinney is
24 appropriate but zoning a lot of muhi-family into the
25 housing area north el McKinnoy is not appropriate.
Page 129 - Page
PLAN'NING AND ZONING CO_MCIv~SSiON 12/4/2002
Attachment 7
N~-t2 zoning, straight zoning tonight without planing
2 means that the developer, while they state intentions for
3 one p~trpose ,at tliis meeting, could change that to some
4 other purpose, and there are a lot of other uses for
$ tqg,vrtJ-t2. The si~e has 52 single-family homes within 200
6 fem. The value of those homes is $4.8 million. The
7 elementary school is within 200 feet and there's not
$ '.currently an elementary school in this City that has
9 hundreds of apartments within 200 feet.
i0 I will respect the three-ndnute bell and I
! 1 will entertain any questions or leu the other spe.,kers
12 proceeA.
13 coMMI[$S[ONERAPPLE: Thank you,
14 ~ j^~ss~.'q: 'thank you very much.
15 coMMIs.gtONER AV?t.m ~cn Cryder.
i6 MR. CRYDF.-R: my name is Ken Crydgr. I live
17 at 4l 4 Mack Drive. We've lived there for about 12 years ·
18 since this neighborhood has built, k has been a nice
!9 peaceful neighborhood, a quiet neighborhood, and now we~ve
20 got apartments moving in all around us..Welt, you know,
2t like you say, this is our most important value is our
22 home. We put everything we've got into our home. When
23 these places move in tike th.!s~ it devaluates our home.
24 So what are we supposed to do with that extra money we've
25 lost? 3ust suck it up and go on about it? You know, thc
Page ] 34
I family people are what pays most of the taxes, the family
2 homeowner.
3 And I just don't third( it's right for the
4 apartments to com~ in here and degrade our homes and take
5 our values down when they shouldn't'go down. Thank you.
6 cOMMISSION'F-~ APPLE: 'thank you. Roman
7 Stcmprok,
8 Mm sTl~ieaom hello, everybody, My name
9 is Roman Stemprok and I live at 212i Longmeadow Street.
10 And I'm the neighbor of The Fountains Ap~-unents which
i 11 akeady were built a couple of yeqr. s ago, and I bought my
12 house five years ago and basically so I eau compare before
13 ~nd altar. Before ! used my property, my hackyard and I
14 haft a basketball court and I just played basketball pace
15 in awhile there. It was very nice, Then The Fountain
1'6 apartment complex was built ~nd when I go ~o my backyard,
7 then I pick up trash, beer cans. coke eons, and garb.~gg
.8 bags once in r.v.'h?-, dgarette packs, So that's an issue,
19 and I dqn't use my backyard, my propecy as much as
;20 before.
21
22
?LANNING AND ZONTNG
Then ¢!so ~zrc is noise. It's not a
social noise, just rea! noise Thursdays~ Fridays, 22
23
23 Saturdays, partic;. So that's also what w~es mc up.
24 Then ~'s basically a large building just maybe 15, 20 24
25 f~t across d~e fence. And. again, k has a lot of 25
Page
i widOWS and so i have to keep my blinds dosed ~1 the
2 time. So my life basically changed having r~ow the
3 apartment complex built next to rny proper~y. So that's
4 basically just my feeti.ngs.
5 .. And then there is some collected
6 information from the rest of the people ne[~oring the
? apartment complex. And, for example, Dickson's,
8 three-story looks into their yard;~ ¥1c, t:;, I',,::
9 privacy, reported people using binoculars looking in their
10 . windows; Gutderez, she reported people hollering at her
11 children in her own backyard; Rarnon, attempted to sell
12 home, couldn't and refused to give it away; Davis, dog put
13 to sleep over a problem with apartment dweller; Davison,
14 owner could not sell; Roate, could not sell. So those are
15 just some notes from the rest of the people nei~boring, '
1{5 you knoTM, the apartment which was built two years
17 That's
18 'COMMISSIONER APPLE: Thank you, sir.
I9 MR- STEMPROK: okay. Thanks.
20 COMMISSIONER APPLE: Mike Steinel.
2i MIL STER,IEL'. My nmme is Mike SteineL I
22 live at '/05 Mack Drive which i~ one of' the properties
23 right there that will abut this new development if it goes
24 in.
25 Rather thru speak to ail these issues that
Page 136
i everybody's concerned about which is privacy, noise,
2 light, pollution, trash, traffic problems which will be
3 severe because of the limited access. One of the nice
4 things about this little neighborhood is that there's only
5 a couple of ways in so it's pretty quiet.
6 But rather than speak to that, I'd like to
7 speak of the over-areb2ng issue which to me is if this
8 zoning is changed, it will basically benefit one person or
9 one group of people and that's the developer, and will - .
10 adversely affect the 50-some homeowners right on the
11 perimeter and, I don~t know, a couple of other hundred
12 people in that neighborhood which is primarily owner
13 .occupied.
14 My wife and I bought the house four years
15 ago and we enjoy the neighborhood. This rezoning is no:
16 compatible with thc neighborhood. I~ isn't compatible
. t7 with what happens.on the north or the east, to most of the
1 $ area on the south and to much of the ~re& on the west.
19 And I don't think that it's in the spirit of the zoning
20 plan which says, which was stated 'a 'mia.ute ~o, which
21 vi~orougly protects ex[sting neighborhoods.
Just one thing to clarify, the builder who
said he responded to suggestions, one of the suggestions
and one of the requests was that the fences that were
destroyed on this area when the land was cleared i think
Page i.33 - Page 15
Attachment 7
] 18 months ago~ awhile back, would be fixed. And he agn~cd
2 to do that in Septmnber. I checked with thc landowners
3 right th:re and they're still not fixed, t appreciate
4 your tim:.
5 COMMI&..q[oN£RAPPLE: 'thank you, sir. Dave
6 Rock%'¢ll.
~, , ~ RocKWELL: 'rhatl~ you. My name is Dave
g Rockwell ! live at 505 Mack D~iv= and I abut right next
9 m the property myself. I've lived in my house for mn
10 years and it's the only invesunont I lave. Six years ago,
11 I lost my leg_ and I damn near lost my house. And I
12 managed to keep it and I struggled thou~, and everything
13 I got is in my house, and I don't x~mnt my house to devalue
14 because they're putting apartments in there.
i5 I had a red oak tree pl~nt~l in my back'yard
16 about a foot.from behind my fence and not only did they
17 take the red oak out, they pulled my fence d~wn. They
18 hauled it off. It's down there m ate City dump right'
i9 now. When you go talk to somebody about it, they're doing
20 this. everybody is pointing fingers hut it doesn't resolve
21 the issu~ of tlae fence, i¢.~ b;~ckyard now ~s 18.5 acres
22 and I kind of like having that 18.5 acres as a backyard
23 and I appreciate it but, you know, I'd like to have my
24 fence back and my md oakl I~ didn't belong to them. It
25 vras mine. I guess.that's'al/I've got to say. Thank you.
Page 138
you. Judy
1
2 Cowling.
3 Ms. cowuxo: :thank you. Judy Cowling. 609
4 Mack Drive. Anti my husband and I both, I mean, we abut
5 the properS' in discussion tonight. My hu3band and I have
6 lived ~ere for ten years at 609 Mack Driw and we
7 consider our home our major investment, as ali others have
8 said. I hate to bore y'alL I'I1 make this quick.
9 We've enjoyed our environment. We're not
i0 opposed to growth but we feel that by building a
11 multi-family dweliing directly behind our home would '
12 greatly bring hbout the devaluation of our property. I'm
!3 sure fall coUld ail auest to that. Not to mention our
14 back-yard privacy, how it would be invaded. We do not
15 believe that anyone would like to have a two or
16 three-~ story building peering over their fence at them.
17 Over the last few years, it has become
18 extremely difficult, not to mention almost impossible to
19 pull o~at from our home on to Mack Drive and on to McI<2inney
20 with th¢ existing traffic. I£ a multi-family facility is
21 allowed to be built on tl~a; property in question, it would
agai~ i,,~ ~ ibc traffic tremendously in that area.
We also have .~ concern over added noise and
t22
23
24
25
securi5' in that :rea. By sayir~g this, I can only hope
that the reasons far being in opposition to the mzoning
PLANNTNG AND zONTNG coMMISSION 12/412002
Page 13 9
1 would be fully understood and acknowledged. I can only
2 appeal to your better judgment ~nd put yourself in our
3 place, how you would feel. I know this may go on deaf
4 ears. Y'all have heard thi~. You're tired. It's
:5 impmlant to u~ and xve can only appeal to you that you
6 would understand our position toni~t. Thank you.
7 COMMISSIONER APPLE: Tbsnk you. Apr~i
g Boykin.
9 Ms. BoYKrs: Good evening, Madam Chair and
t0 members of the Commission. My nam~ is April Boykin.
11 reside at 709 Henle Street here in Denton, I come to you
12 tonight as a member and representative of the Lee
13 Elementary v'r^ ~oard with the intent of proposing
14 resolution to the rezoning of land in our neighborhood,
15 and I have pmvidext you-all with a copy of that
16 resolution. I ask that this be entered as an official
17 document into tonight's minutes and transcripts.
18 wgm,w, xsl the L~ Elementary ParenffTeacher
19 Association represents 556 students, 80 teachers and
20 staff, and hundreds of pm'ents and residents of the Lee
21 nci~borhood; and
22 w,g~s, a developer is attempting to
23 chan~ thc zoning of neighborhood single-family lands at
24 700 Audra Lane into multi-family zoning for purpose of
.25 building up to 300 apartments: and
Page
wHrex~a.s, the land of the ~ttempted re'zoning
2 sits across the street ,,nd within 250 f~t of ~e front
3 doors of ~ El~enmW School: and
4 w~s, hun~s of new apa~cnts would
5 do nothing to benefit ~ smdenB, may a:mally cause
6 si~ificant additional safe~ hoards for smdenm wa~ing
7 to L~ Ellen,, and may cate significant additional
8 dcman~ on ~e ~ucational effor~ of ~e school.
9 Be IT ~OC~O, ~e L~ pTA s~ongiy
10 suppom ~e p~s~'ation o~ ~e e~ent singl~family
11 zoning of ~e land at 700 Au~ Lan~.
12 ~D BE ~ ~TH~ ~OL~D, ~e ~ PTA
13 s~ongly opposes ~ny'a~pts to r~one land 8~ 700
14 Lane for ~e p~os~ of constructing hun~ds of
15 m~-fami]Y ap~enz-
16 AND BE ~ ~R~ER R~OL~D, thc L~ PTA
17 ~=ongly ~ ~: M~yor ~nd Ci~' Council members,
18 Planning and Zoning Co~s~ion~s, and all City stuff to
19 d=ny any aamspm at rezoning changes mat wo~d aliow
20 apamenu or oth~ high densiU. ND~/raffic uses of
21 land n~r o~ school.
22 The motion to aec~t ~is resolution
23 voted on and unanimously pass~ at o~' genial minting
i24 held S~t~b~ 10th. In addition, we hay: collec~ tN=
pages of signa~es from family m~b=s in ~e s~oundlng
' Page 137 - Page
Attachment 7
I Lee nei~borhoods who oppose the rezon[ng.
2 I would like to add that the intersection 2
3 located at Paisley and Audra Lane, just west of the school 3
4 cmnpus, will suffer dramatically increased traffic with an 4
5 addition of some 250 plus vehicles. Because I, along with 5
6 many other families live west el Audra Lane, my child, as 6
? a walker, has to Cross that intersection two times a day.
8 I would like to publicly thank our crossing 8
9 guard, Mr. B1 nagS, Who is in his B0's and has done a 9
10 tremendous job over the years in keeping our children safe . I0
11 when crossing at that intersection, because I have 11
12 personally seen a vehicle pass right through there withoui 12
13
13 stopping at the stop sips.
14 However, with an addition of 250 plus 14
15 vehicles, I don't know that even Mr. Bl~g would be able 15
16 to handle the traffic while helping our children cross the 16
17 street. In fact, I suspect a traffic tight wit[ have to 17
18 be installed to ensure adequate regulation of the traffic 18
.19
19 flow.
20 Therefore, Corrm~ssioners, I big all of you 20
21 to hear us loud and clear. We cio not want tiffs 21
22 development to take place in our community, I thank 22
23 you-all for inv[ting me to speak this evening on behal[ of 23
24 everyone from the Lee Eiementary School and community. 24
25 COMMi~siONtER APPLE: Thank you. Joy 25
.. page 142
1
1 Robinson. 2
2 - MS. ROBINSON: Madam Chair person, I'm Joy
Robinson. I reside at 409 Fox Creek Court whichis Within 3
3
4 the 500 area. I also am a teacher at Lee Elementary. t'rn 4
5
5 also a parent of students at Lee Elementary.
6 I have been a resident in Denton for almost 6
7 40 years..I have been a resident in my home for ten of 7
8 those years. And as such, I would tike to implore on you 8
9 to keep our neighborhood a nei~borhood. In the ten years
10 that I've lived there, three apartment complexes have come 10
I1
i in. It has devaluated our homes. It has caused .
2' increased problems at the school with the mobility of the 12
13
13 children moving in and out. We already have a sociMly -'
14 a low socio-economic population at our school and purling 14
15 more apartments in that area would only further that 15
16 problem. And so we implore that you please listen to us. 16
' t7
17 Hear Ms. BoykJn.
8 I was going to speak on traffic myself. I8
! 9 It's awful and we do not need more people coming in with 19
20
m~ssln= lip OUr
20 their traffic and their noise ~ ' °
21
21 neighborhoods. Thank you.
73 COMMISSIONER APPLE: Thank you, ma'am. 22
23 Kiso Zamora.
24 NIP,. ZAMOm~: Hello. My name is K/so Zmmom
25 and I live at 2009 Pa[siey Street within 300 feet from the
PLANNING AND zo'N-tgqG COMMISSION I2/4/2002
Page ] 4.3
prop~os~ zonin_u change.
I ben_mbt my home in 1988 because I was
starting a family and I wanted my son to anend the
ethnically diverse Robot. E. L~ Elmucnmry School. I
chose a small, quiet neighborhood where eve'q,one knew
eve-ryone, whcr'a kids were playing in the empD' tots behind
.the house we we-m looking at. When we wm'e looking at the
house-, a neighbor stopped by and said we'd be happy them.
He welcomed us to the neighborhood. That alone helpe~ us
to decide. I loved and sti[I love this neighborhood- We
bought this house and the only worries wc had were an
occasional speeding car or an occasional overrun stop
sign. Sadly, this is no longer the case.
I!ve sccn two apartment complexes built
nearby. I've 'seen the Ann Winclte Schoo~ built. And while
th~ wi&ned Audra Lane for a small ~tretch, it dc~,s
hUle'to alleviate the increased traffic. Audra Lane lms
even mom traffic now that it connects to M_ingo Road.
This increased traffic spills on to our strmt and our
stmem, our neighborhoods are not as safe as they usexi to
be. I understand ~.owth and increas~ traffic, but an
opm'anent complex this close will increase, traffic
exponentially.
I worry what another apartment cmuplex wilt
do to us. We have ov~ 12 children under th6 age of t4 on
Page 14,
Paisley Str~"~. Not only wilt we have to contend with
increased traffic but we -,vii1 be faced with a transient
population right in our backyards. I don't want ~at. I
mentioned living hem while two ~partment complexes were
built nearby. I'm mlklng about ,parrments off of
McKinney Street, not in the nfiddle of a residential
neighborhood, not apartments where second-story tenants
can look into my neighbor's backyards.
This developer bought this land and knew of
its zoning beforehand and -l,:n~v of the surrounding homes
that hc wishes m disrupt, i'm asking you to pt~se deny
this dcvelopcr's attempt to chang~ the zoning on the
neighboring land. please deny his at-m-rapt to overcrowd
our streets.. Please deny his at~rnp
apartment complex in the sho~ distance to om' houses.
please help our little community of fow*r to middle income
families k~p from becoming another multi-family cement
city. Thank you.
COM.MiSSiONm~K APPLE: Thank you, sir. Jason
'
MR. PtT'ZE?c Hi. My name is Jason ritzy.
I live at 2009 Lon_mueadow CourI'Which is r~gh~ abutted to
the property that they're wanting to develop.
Evm'ybody ha~ prerq, much sunred ew.~fthing
/nat can be said about fi'ds so I'll just be r~liy quizk. _------
yagc
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i0
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22
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Attachment 7
......... Page t47
I bought this house like ~ year and a half ago. Th%-~rs ,r-- mzr~-n'om th= *-.~ Elementary driveway. I leave about
my first home. I'm starting a family here. We moved here 2 7:30 in the morning. Sometimes at the end of Mack Drive.
because Lee Elm}~cn~aO' is right there. It's a good 3 I wait for five or ten minnies to'get out on the road
~ 4 to McKinney, to turn rigl!t. The on:~ dlat ra~ ~, i~fz wait
school. And now a developer wants to come in and 5 lol~er than I do. And I'm just enrico-mad with thc ~raffi¢
low=r my property values, add more traffic, make it 6 because they'~ going to be driving around to drop their
impossible for mc, if this does happen, to sell my house 7 children off at school.
and get what I've got into it now. !'ye got 30 years iett' 8 Those are my concerns and I would like for
to pay oft this thing. You know, I'd like to.keep it '9 somebody to get back with me on the drainage issue because
where I can, you know, enjoy my neighborhood. That's why I0 'I believe that's going to be an issue. Thank you.
we moved in. It's quiet. It's close to a good school. I 11 COMMISS£ONF-.R APPLE: Thank you, Ms. Bell.
want to start a family and I'm not going to be able t° d° ' I2 Cathy Huffm'.
that if they put. aparm~ents, two-story aparunenm 20 feet 13 MS. WtJV-F~: my name is Cathy Hurter. I
from .-,..y back'yard, in addition to their wrecking of the t4 live at 2000 Lengmeadow Court. I appreciate the ability.
feacez and every:bin= elsa that they've talked about. So 15 to come and speak to y'all.
- t 6 " I wa~ a little bit confused when Tiffanie
thank you. 17 Willis came up on the map she gave. t have a fax showing
com~tssto~,'m~. AePLE: Thank.you. Connie . t 8 that I ~ent mine in on November 11 th and that it did get
Bell. through showin* that I was opposed. And so some of the
MS. BI~LL: ,hank you, Madam Chairman. The 19 ~ -
one thing that was not addressed, that Mr. Russell did not 20 gray areas, I know you were addressing that, one of the
address was drainage. I don't know if you are fanfilJar 21 major ones is my property in there. Ms. Willis, can you
with the drainage in that area but I live at the end of 22 put this on for me up them? I can v.,ork my fax. t just
the hill, I live at 807 Mack Drive. I live at the end of 23 can't work that.
the hill. I've got drainage now alt the time. Water 24 Mm m!~C~Ha-~'r: If you'll eld. ow me, a second
comes into my garage every time ii raini. I'm worded 25 to address that. I revised that map personally and' I did
Page t4
Page 146
1 about the drainage in the area. What is his plan on that? 1 miss some properties on Lan=mncoda:x=. Tn=c are a numb~ of
2 Does anybody have his plan on that, on the drain~e? 2 properties on Longmeadow that all should have ben red.
3 COMMISSIONER APPLE: Mr. Reichhart. 3 W, were trying to updat~ it. The ori~nal map had it. We
4 MIL KEICHHAR?: NO plan has been submitted 4 v,~re trying to update it before the m~ting to get it into
5 at that time to address the drainage issues. 5 the Pow=Point pa:sen:etlon. And if you click on one
6 MS. BELL: when do you addr~s that, at the {5 propm'ty and inadvertently click on it again, it
7 disappoints. So that was my error.
7 prelirainary plat? 8 ms. woF~: okay. So 2000. as you can see
8 MR. REICHHART: Yes, ma'am. '
9 MS. BELL:' okay. Another thing, we have 9 right down there, is a big amount of property and I did,
t0 been, we have heard that the 16-foot easement that goes, 10 am supposed to that. ! want that known in the're.
11 we're right at the comer of the property, that that might 1 I chose that property a ~otal of el_mhz
12 possibly be used as a walk-throu~ to Lee Eiementary. Is 2 months ago. I guess this is going to have a big effec~ on
13 the vafue of my properD'. 1 chose it b~ause it was in a
13 there any truth in that?
14 MR. REICHHART: That hasn't been 14 cul-de-sac. ! chose it because of the neighborhood.
15 investigated. But what type of easement is it? 15 chose it because it was quiet. And all the reasons
16 MS. BELL: It'S a utility easeanent. It's a ,16 chose it for are going to be clirainat~. A lot of people
an hing but it's 17 here have lived th=e, mn y~rs and have built up some
17 utility and drainage. Ir doesn't drain yt
18 supposedly -- I mean, it drains into my garage. 18 value in their home. I haven't even had time to do the:
19 . . MR. F..EtCHHART: On face value, unless thc 19 before someone is going to take that away. So I'd like
20 easement was ider~tifted as a public access easement, it 20 you to consid~ ~at and also please 1~ dware of aH th:
21 wouldn't non'nelly be used for sidewalks or -- 21 other areas that we're e?pescd that aren't on the map
22 MS. BELLi Or a walkway. Okay. 22 there. Thank you.
23 MR. REICHHART: It doesn't prevent people 23 cog~tsstos.~ APPLE: 'thank you. Tow, Silva.
op. MF.. SILVA: I'm Tom Silva. ! live at 2201
?a from walking in it. I}} Lon_omeadow S~reet and have lived thee for about i5 years.
25 MS. BELL: Another thing, we=re rigN ~ Page t45 - }'age
:'LA-NN-1-NG AND ZON1-NG CO/vlA4ISSION lr2/4/2002
i
2
6
?
10
1
12
14
15
16
I7
2O
22
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Attachment 7
And ! wanted to just state my opposition in unis~nn
everybody that's here.
We've, in the 15 years we've been thzro,
aVe'ye seen a lot o[' things happen lo our neighborhood.
We've seen the expansion of fl~ejaiL We've seen the
addition of a garage, not a garage bm a service station
on the comer, a lot of office sites, a new courthouse.
And not that we're opposed to chan~ hut we don't neexl
anything else to add m the confusion and the congestion
in the ndghborhoo&
One of the things that I'm definitely
opposed to is be fact that it takes me five to ten .
minut~ to get out of my neighborhood in the morning when
I need to go to work. 'And you're asking us m just go
ahead and stick in ano0.:er 175 to 200 cars added to that
mess that it already takes to get out oF the neighborhood.
And I realize that there's been aH kinds of surveys and 17
built. '"
With that 4'1 percent of the property owners 125
Page 150
1 that they talked about awhile ago, you know, we've been
2 here for awhiie. I love Denton. Ttfis is my home. And I'
3 want to do what I can to go ahead and stay here as long as
4 I can. But wi~ my property values going down and the
5 addition of this facility going in, I don't really think
6 we need it so I'm just acting you to ~e~rch your
7 conscience and vote against this. And, you know,
8 about all I've go* to say. Thank you.
9 cOMMISSION"~..B. APPLE: Thank you, Mr. Silva.
10 Joel Diaz.
11 Mm D~Z: rm not a good speaker but my
12 name is Joel Diaz and i just bou~t the house at 2004
!3 Paisley. And if i would have known the7 were g°ing to
14 build some apartments behind my house, 1 would not buy it.
15 That's atl I have to saY- Thank you.
16 cOMMIS~[ON'F-R APPLE: 'thank you,
t7 Justin Quinn.
18 'M~. QUtNN: Madam Chak, I'd like to defer.
19 A lot-of the issues have been talked about.
20 cOMMISSIONEK ^vPce: Thank you. We'tl just
21 we[gab in that you are opposed.
23 coM~mStO.X-~ APPLm Ehzabeth B-A-T-
Ms. BATOR: O-iL Elizaber. h Bator, 517
Drive. I moved to Denton in m: fall of 1983 by myself.
PLANNING AND ZONING COivEMISSION I2/4/2002
Page 1~i
· , _ _ _ slnglewomam And my house is 517 which is -- does
2 abu~ the properD'. And so when I look out my bedroom
3 window. I see my fence and on the other side is this
4 propm}' and I'm uot real.crazy about the idea of having
5 apurtments on the other side.
6 When we had this neighborhood meeting, some
7 man wa~ talking about thc apartments, The Fountains
8 Apartments'and people wkh binoculars lookin8 in. And.
9 you know. that doesn't make me feel very secure, I feel
,10 vex5' safe in Denton, I fml very. safe in my neighborhood.
11 I walk around the neighborhood. See kids playing. And
t 2 it's very important and t just would like to preserve
13 that. Thank you.
t4 COMM[SSIONEg APPLE: 'thank you. Calvin
15 Manuel. He wishes to register his opposition. Timothy
16 Henderson. Okay. We'll reed'stet him as opposed.
Those are all the cards I have that wish to
speak. Is there ~nyone who did not ill} out a card that
would like to speak? lg you'll come down and give your
name and address, pl~se.
~m WPdOHT: Thank you. My mmae is David
Wright. ! live at 307 Jasco which is not nmr them. I
just wanted to -- actually, t was here for the West Oak
meeting but my wife teaches at Lee.
· I just want to make a couple ct comments.
· Page 15
I I'm opposed to th/s site for several reasons. One, as was
2 cited earlier with the West Oak homes, Denton is 60
3 percent rental property and 40 percent residential
4 roughly. And they mentioned that this is the worst ratio
5 in the State and that the City planned on rectifying that
6 to improve that. And if that is a goal of the City, !
7 think approving this complex would be a very terrible w:
8 to get started on that.
9 Also, I do have, shnilarly to the West Oak
10 issue, I applaud yon-all in your decision to go with
11 keeping the consistency of the n~ig3aborhood. And I then
12 that's what should'be done here. Trfis is all residmtial
13 nei~borhoods and the current zoning is residential. I
14 don't think that anybody needs to change that, you know
15 on the behalf o[' one builder. So as you were consistent
16 in the West Oak area, I think we need to be consistent
17 with the area mound Mazk Park and Lee Elementary.
lB Another point l'had is the concerns about
t 9 the existing infrastracmre, the ability of the existing
20 streets to handle the traffic. I'm sfir~ you-alt know how
21 McKinney is. You know, it's just two lanes, non-dhid~
22 there's no turn Lanes either way, very, very congested.
23 Mack Street which is where Lee Elementary is on the ea
2~ side is just a twoqane ~trcct. And adding 250 units anC
25 you krmw', ~ssuming they're married or whatever, I men
Page 149 -page i
Attachment
1 potentially 500 vehicles is a lot o[ traffic to be adding
2 to that muall area with such a small and constricted
3 cmrm~ce point. Ail the traffic coming to and out of that
4 could be -- I m~n, if you had a problem with the Carroll
5 rum into that bank. I mean, you could -- there could be
6 thousnnds of cars coming in and out of that complex daily
7 and they would have to go around thc site and come down
8 Mack, which is }ust a two-lane str~t, or go down Audra
9 and then g~t on to McKinney which, as we know, t mean, if
10 you want to try to driv~ to Wal-Mart from the wmt side of
11 town, it's pretty bad.
12 So, anyway, Ijast would encourage you-all
13 to take those into consideration, the consistency o~ the
14 neighbo~'hood and your commitment to' presm-ving Denton
15 neighborhood, as well as thc safety of thc chilclren at
16 Lee Elementary with thc increased traffic ~nd what that
17 burd~ would do to the school district. Thank you-all for
18 your time.
!9 COMMISS[ONT~Jt. APPL~ Thank you. Is there
20 anyone else in the audience who wishes to speak that did
21 not fill out a card? '
22 MS. REES~: ~Y name is Kelley R~sc. I
23 live at 2008 Paisley, And in the spirit of what was just
24 ·said, this property is akmdy'zoned for slngle-famJly
25 residents. And to maintain thc in ~,[n'iry of that and thc
Page 154
Would ~c applicon like some time for
I rebuttal?
2
3
4
5
6
7
8
9
10
11
12
13.
14
15
16
I7
18
19
20
21
22
23
24
25
1 integrity of our City, I would like to s~ democracy
2 actually work. You have the citizens of your City here
3 asking you what w~'would like to have happen, for you to
4 simply stay with the planning that you have in place. We
$ have someone from the outside whose come in and asked us
6 to chang~ that and I'd like to s~ thc voice of the people
7 actually have a say. That's all.
8 cOMMISSIONER APPLE: Thank you. Is there
~ anyone else who did not fill out a card that withes to
10 spmkt0tlfis in:m? Allright. ihaveanumb~rofcarSs
11 that did not wish to speak but do wish to register
! 2 opposition. And just so that they'll be in the record,
I3 I'll quickly rrad them. Kathy Hootman, 2000 Paisley.
t4 J.S. Adams, 1719 Oak Trm Drive. Micki Wyatt, 801 Mack
15 Drive. Carol Soph, 1620 Victoria. Kevin ~nd Corinia
16 Maxson, 1~04 Paisley. William Calf~, 701 Mack Drive.
17 James Renfro, 2104 Double Oak Street. Robyn Mullendorc,
18 113~ Oakhurst. Bevm:Iy I/loch, 705 Mack Drive. Bryan
19 Hartli~'~e, 1920 Paisley. Amanda Hartline at that same .
20 address. Eric Kartchner, 2018 Longmeadow. Kevin Rowland,
121 '2023 Longmeadow. DarhyI Ramsey, 514'Mack2 Bry..an
122 Robinson, 409 Fox Cre~k Court. Elise Rid¢nou-r, 2205 West
23 Oak. L~ltlana Wright. 307 Jagoe. Steven Friedson, 2205
2-4 West Oak. And St~nen Moon 20t4 Lon~m-neadow Court.
25
1
2
3
4
5
6
7
i0
11
I2
t3
14
15
16
17
18
19
20
21
22
23
24
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Page 155
MR. RUSSELL: conunissioners, Madam Chair
person, only a couple of small points and I'll get out of
your way. We have tried and would like to continue to try
and:address any issue~ that thc homeowners have. And we
would like to be a good neighbor.
We would llke to be thm'e and make chants
that are appropriate and that we can live with and that
they n~.d. We understand the complaints about the noise,
the trash, the buffer between the single-family and the
multi-fanfity and we want to work hard to make that work.
We think la,cause we're in the back and we face away that
w'~ can make it work for them without people looking in
their backyards and without the trash and the noise.
The only other point I'd like to make is
l'vc relied upon the City staff for traffic questions on
Audra Lane. Audra L~ne is designated a major north/south
thorougl~fare and we had no comments in the - that doesn't
mean we won't have any evidentially, but we've had no
comments from traffic as far as the numbm' of cars coming
in and out and the traffic that Audra Lane can hold.
Thank you.
COMMISSIONER APPLg: Thank you.
Commission,s. do you have any questions? Comrrdssioncr
Roy. page 156
PLANNING AND ZONING coMMISSION 12t412002
COMMISgtONF-gROY: would you sham with us,
sir, arc you the property ow'nm'?
MR. RUSSELL: Thcre'S a partnership and I'm
thc gencrat partner, yes, sk.
COMMISSIONER ROY: And would you ~11 ~
als0 when you bought the property?
MR. RUSSELL: Approximately in January' of
2002.
COMMISS[ONF-.R ROY: Thank you.
cOMMmSrONEg ^~Lm Th~nk you, sir. !
will close thc pubJd~ h~m,~n~ ~t this time and ask for
comments from Commissioners. Conunissioner Powell.
COMM[SSIONE.~ poWELL: MOW 110 deny.
COMMfSSIONER HOLT; second.
COMMISSIOIqlER APPLE: WC have a motion to
deny and a 'second. Any discussion? Yom, please. Motion
carries %0.
please rcfrain from -- I know ifs hard.
Page 153 - Page 15
ATTACHMENT 8
CITY OF DENTON CITY COUNCIL MINUTES
February 17, 2004
5. PUBLIC HEARINGS
Do
The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 6.6 acres from Neighborhood Residential
2 (NR-2) zoning district to Neighborhood Residential 4 (NR-4) zoning district.
The property was located approximately 350 feet south of Paisley Street, between
Audra Lane and Mack Drive. Applicant proposed single-family uses. The
Planning and Zoning Commission recommended approval (6-1). [Super majority
vote required for approval.] (Z03-0030, Laurel Oaks DevelopmenO
Mayor Brock indicated that the supermajority vote was no longer required as some opposition
had been withdrawn.
Kelly Carpenter, Director of Planning and Development, presented the details of the proposal
and discussed the removal of some of the opposition resulting in less than 20% opposition to the
proposal.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Karen Mitchell, Mitchell Planning Group - favor
Eric Janssen, 413 Fox Creek Court, Denton, 76209 - opposed
The Mayor closed the public hearing.
Council discussion included: · Was this reasonable zoning?
· Was this a tactical procedure to cut out opposition for future zoning?
· Concern regarding the entire parcel - was this done as a zoning creep?
The following ordinance was considered:
NO. 2004-047
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZON1NG CHANGE FROM NEIGHBORHOOD RESIDENTIAL-2 (NR-2) ZON1NG
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL-4 (NR-4) ZON1NG DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 6.6 ACRES OF LAND LOCATED
APPROXIMATELY 350 FEET SOUTH OF PAISLEY STREET, BETWEEN AUDRA
LANE AND MACK DRIVE IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z03-0030)
Burroughs motioned, Thomson seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Kamp "aye", McNeill "aye", Montgomery "nay", Redmon "aye", Thomson "aye" and Mayor
Brock "nay". Motion carried with a 5-2 vote.
ATTACHMENT 9
Zon' Notification n
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 6 (NR-6)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
7.4 ACRES OF LAND'APPROXIMATELY 370 FEET SOUTH OF PAISLEY STREET,
BETWEEN AUI)RA LANE AND MACK DRIVE LOCATED IN THE T.M. DOWNING
SURVEY, ABSTRACT NO. 346 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVER_kBo,rrY CLAUSE AND AN EFFECTIVE DATE. (Z04-
0004)
WHEREAS, Mitchell Planning Group, L.L.C. has applied for a change in zoning for
approximately 7.4 acres of land located in the City of Denton, Texas as more particularly described
in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from
Neighborhood Residential 2 (NR-2) zoning district classification and use designation to
Neighborhood Residential 6 (NR-6) zoning district classification and use designation; .and
WHEREAS, on March 24, 2004, the Planning and Zoning Commission recommended denial
of the requested change in zoning; and
WHEREAS, the City Council has approved this ordinance by an affirmative vote of at least
six of its members; and
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designation of the Propertyis hereby
changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation
to Neighborhood Residential 6 (NR-6) zoning district classification and use.
SECTION 3. The City's of
district classification.
SECTION 4 If any provisio
circumstance is held invalid by an7
provisions or applications, and to th
SECTION 5. Anyperson vi(
fined a sum not exceeding $2,000.0
5cial zoning map is amended to show the change in zoning
a of this ordinance or the application thereof to any person or
z court, such invalidity shall not affect the validity of other
is end the provisions of this ordinance are severable.
4ating any provision of this ordinance shall, upon conviction, be
3. Eachday that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Dent0n,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~
day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT ~~O ,~ATTORNEY
~o'~ '~e~ Exhi~bit A
Description
Tract 2
7.4.4 Acres
Ali that certain tract or parcel of land situated in T. M. Downing Survey, Abstract Number
City of Denton, Denton County, Texas, end being oil of o coiled 4.993 acre tract of
described in o deed to T. E. S~nders ~nd Marcia Sondecs as recorded in Volume 885, Page
~39, geed Records of D~nton Count~, Tex~s ~d being o port of ~ celled 6.991 ~cre tract of
I~nd described in O deed to Shirtey Ann ~r~ffith, Trustee of ~he J~mmy Ee~ Sharp Trust os
recorded i~ Volume 32~9, P~ge 503, Reel Preper~ Records of Den[on County, ~exes end being
more Por[icul~rl~ described os follows:
Beginning ~t ~ 1/2" iro~ rod found ~t the northwest corner of s~d ~.993 ec~e tract e~d et
the northeast corner of e cQ~led 3.871 ~cre tract of tend ~escr[bed in ~ deed to J~mes E.
Griff~th et ux ~s recorded in Volume 614, Pegs 201, Dead Records of Denton County, Texas
else in the south I~e of e tract of [end described in e deed [o Morelle ~. Mi~er es recorded in
Volume 12~5, Page 992, geed Records of Denton Cou~[~
T~ence North 8B Degrees 57 Minutes 03 ~econ~s Ees~ with the north t~ne of sold ~.993 ecte
tract end with the s~id south line, p~ssing o 1/2' iron rod found at 315.06 feet'et the
nor~heos~ cor~er of sold ~.993 acre [roc~ ond et the northwest corner cf said 6.991 acre tract
~nd ols~ in the south l[ns of ~ trcc[ of lend described ~n o deed to Lows?once Mille? os
recorded ~n Votume 750, Pog~ 927, Deed Records oF Dento~ County, Texas, end continuing
~lonq soid coarse for o te[~[ distance of &B3.06 feet to o ~/2" copped iron rod set for the
northeast corner of the herein described
Thence South 01 Degrees O0 Minutes ~ Seconds Rest. o distonce of 715.28 feet to o 1/2
copped iron rod set for the sou[he,st corner of the here~n described troe~ in ~he south t~ne of
said 6.99~ ~cre tract end ~n the north t~ns of Summa?wind, Phase One, on odd[tlo~ to ~he City
of Denton, Denton County, Texas, ~ccording to the plot thereof recorded ~n Cob[net F, Pegs
2~I, PI~[ R~cor~s of ~nton County, Texas;
Thenc~ North 87 Degrees 51 Minukes 37 Seconds West w~th the sold south Line end with the
said north I~ne,'~ dlst~nce o~ 350.23 feet to al" pipe found at the southwes~ corner of safd
6.S9~ ~cre kr~ct end ~ ~he soakhe~st cor~er of s0id ~.993 acre-tract Qnd ~so et the most
westerl~ ~or[hwest corner of s~id Summerwind, PhQse One;
Thence North 87 Degrees 15 Minutes 02 Seconds West with the south i~ne of sQid 4.993 acre
tract, e distance of 31Z.Z6 feet t~ o ~/Z" iron ~od fq~n~ the s.out~west co~ner of
~.995 ~cr¢ tract ~nd ~[ kh~ soulhcos~ corner eT sol~ ~.~/~ ~cre tract;
Thence Norkh 01 Degrees 08 ~[nutes 08 Seconds west wlih the west line of sold 4.g93 mcrc
froot mhd with [he east line of s~id 3.873 acre [roc~, o dis[once of 686.24 feet [o the POtNT
OF BEGINNING on~ containing 7.~4 acres of I~nd.
CERTIFICATION: I hereby certify that I have conducted en accurate on the ground survey
of the premises depicted hereon end described in the le(~a[ description shown hereon
J.E; THOMPSON II R.P.L.$. No ~857 D~te
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2004
Airport and Transit Department
Jon Fortune, Assistam City Manager
SUBJECT
Consider approval of a resolution of the City Council of the City of DeNon, Texas, appoiming
one member and two alternates to the Board of Directors or Executive Committee of the Denton
County Transportation Authority, providing a repealer, and providing an effective date.
BACKGROUND
In January 2002, the City Council appoimed Joe Roy as the City of DeMon's represemative on
the Interim Executive Committee of the then proposed Denton County Transportation Authority
(DCTA). After confirmation of the DCTA through the election, the Imerim Executive
Committee became a permanem governing body now known as the DCTA Board of Directors.
Each member of the Board of Directors was initially appointed for the same two-year term. In
order to provide for cominuity of leadership for the Board of Directors, the Legislature amended
the enabling legislation for the DCTA during the 78th Legislative Session to allow for two-year
terms of the Directors to be staggered. On January 22, 2004 Mr. Roy voluntarily submitted his
letter of resignation to the DCTA Board. This will allow the DCTA Board to establish staggered
terms for appointees to the Board. Through a letter dated January 22, 2004, DCTA Chairman
Charles Emery has requested that the Denton City Council appoint a Board representative for the
City of Denton. This representative would serve the remainder of a two-year term, November
12, 2003 to November 11, 2005.
OPTIONS:
Reappoint the incumbent, Joe Roy, as the representative on the DCTA Board of
Directors for the City of Denton, Jon Fortune as first alternate and Mark Nelson
as second alternate.
II. Consider a differem individual along with first and second alternates.
PRIOR ACTION/REVIEW:
The City Attorney's Office has reviewed and prepared the Resolution.
FISCAL INFORMATION:
There will be no fiscal impact.
EXHIBITS
Resolution
Joe Roy Letter of Resignation
Charles Emery Letter
Respectfully submitted:
Mark Nelson, Director
Airport and Transit Operations
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPOINTING ONE MEMBER AND TWO ALTERNATES TO THE BOARD OF
DIRECTORS OR EXECUTIVE COMMITTEE OF THE DENTON COUNTY
TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 460.054Co)(1) of the Transportation Code authorizes the governing
body of the City of Denton to appoint one member to the Board of Directors or Executive
Committee (the "Authority Board") of the Denton County Transportation Authority (the
"Authority"); and
WHEREAS, pursuant to Resolution No.R2002-002 the City Council of the City of
Denton appointed Joe Roy as a member of the Interim Executive Committee of the Authority for
a two year term; and
WHEREAS, by operation of law Joe Roy became a member of the Authority Board upon
confmnation of the Authority as provided for in Chapter 460 of the Transportation Code; and
WHEREAS, the two year term has expired and the City Council deems it be in the pubhc
interest to appoint a member and two alternates to the Authority Board for a two year term;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings and recitations coma/ned in the preamble of this resolution
are incorporated herein by reference.
SECTION 2. is hereby appointed as a member and is hereby
appointed as fa'st alternate and is hereby appointed as second alternate to the
Authority Board as representatives for the City of Denton, Texas. Each such person is qualified
to serve on the Authority Board as having professional experience in the field of transportation,
business, government, engineering, or law.
SECTION 3. The City Manager is hereby authorized to send a certified copy of this
Resolution to appropriate officials of the Authority.
SECTION 4. All previous resolutions and orders or parts of resolutions or orders in force
when the provisions of this Resolution become effective which are inconsistent or in conflict
with the terms or provisions contained in this Resolution are hereby repealed to the extent of any
such conflict.
SECTION 5. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
~day of ~ 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PR~~__ TTORNEY
PAGE 2
Chairman
Chnrl~ Emery
Vice Chairman
Joe Roy
Secretary
Jason Pierce
Treasurer
C~arlcs Correll
Board
John Dillard
Bret Col~
Bill Walker
Rick 8alazar
Oeorg~ Pure roy
Van James
Mike Leavitt
Tom Spencer
Denton County
Transportation Authority
Board of Directors
2220 S~m jacinto Blvd., Suite 330
Denton, Texas 76205
?h: (940)383-DCTA(3282) Metro: (940) 320~2194 Fax: (940)4834 127
January 22, 2004
The Hon. Euline Brock
Mayor, City of Denton
215 E. McKinney St.
Denton, TX 76201
Re: Resignation from the Denton County Tr~ortafion Authority Board of Directors
Dear Mayor Brock:
Serving as a Director of Denton County Tr~ortation Authority Board of Directors
has been a ~finet privilege and honor. The Authority has accomplished a great deal in a short
per/od of time. In my opinion, it has developed a workable service plan to provide
transportation options to the County including commuter or light rail ~t would not othme
have been available for decades.
This last session of the Legislature clarified the authority of the Board by ByLaw to
stagger terms of its Directors to provide for continuity of leadership. The Board, in its collegial
fashon, agreed that up to one-half of the members would voluntarily acc~t one year tm so
that appro~fimately one-half of the membership would require appointment or reappointment
~om their constituent representa~e bod/es each y~.
As a result, I am hereby ten,rig my resignation to the City of Denton for the office of
Director on the Board of Directors of the Denton County Transportation Authority, to
voluntarily serve, only a one y~ term Your appointment, whomever the governing body
should choose, will be for a two year tem~ beginning on November 12, 2003 and t~rminating on
the second anniversary of that date.
The Denton County Transportation Authority has achieved si~ificant acc~lishments
to date and is poised to provide valuable transportation conm~butions to D~ton residents in the
future,
CC:
C. Emery, Chmn.
R. Scott, Counsel
Sincerely your,
Joe Roy
Chairman
Charles Emery
Vice Chain
Joe Roy
Secretory
Treasurer
Charles Cormlt
Board
John Dillard
Bret Collins
Bill Walker
Rick Sata~r
C~orge Pm~foy
Van Jarms
M~ Leavitt
Tom Spencer
Denton Co ty
Transportation Authority
Board of Directors
2220 San Jacinto Blvd, Suite 330
Denton, Texas 76205
Pla: (940) 383-DCTA(3282) Metro: (940) 320-2194 Fax: (940)4834 127
Jan~ 22, 2004
~e Hon. Euline Brock
Mayor, City of Denton
215 E, Mc~nney St.
Denton, TX 76201
Re: Appointment to Denton County Transportation Authority Board of Directors:
Dear Mayor Brock:
The City of Denton, Texas has appointed a representative to the governing body
of the Denton County Transportation Authority who now series as a Director of the
Authority. In order to provide for continui~ of leadership for the Board of Directors
the 78t~ Session of the Texas Legislature amended the enabling act of the Authority! to
allow for the two year terms of the Directors to be stagg~ed. Due to voluntary
resignation, the term of your representative, Mr. Joe Roy, has ended.
Although the representative of the City of Denton will continue to serve until a
successor is named, we are providing this notice so that you might formally review your
appointment procedures. As a reminder, Sec. 460.054(b)(1) TEX. TgANSPORT^T~ON
CODE permits the governing body of the City to name a Director to the Denton County
Transportation Authority Board of Directors. You may wish the appoint the incumbent
officerholder to a second term or consider a ~fferent individual, consistent with the
qualifications for a Director2.
The City of Denton has been well represented on the Board and we look forward
to continuing our working relationship with the City through your appointed
representative to the Board of Directors.
Sincerely yours,
Denton Cowry Authority
!
Chpt. 460, TEx. TRANSPORTATION CODE; House Bill 3017 (Acts, ~'ay 25, 2003, 78~ Lege. R.S., eft.
date Sept 1, 2003)
z 460,202(c) T~. TRAJqSPORTATION CODE
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2004
Police
Jon Fortune, Assistam City Manager
SUBJECT
Consider adoption of an ordinance of the City of DeNon, Texas prohibiting parking
during certain hours on the east side of S. Bradshaw Street from its intersection with
Wilson Street north for a distance of approximately 525 feet; providing a savings clause;
providing a severability clause; providing a penalty not to exceed two hundred dollars;
and declaring an effective date.
BACKGROUND
This item consists of a proposed ordinance to prohibit parking between 10:00 p.m. and
7:00 a.m. on the east side of S. Bradshaw Street from its intersection with Wilson Street
north for a distance of approximately 525 feet.
During warm weather months, the residents that live on the east side of S. Bradshaw St.,
adjacent to Fred Moore Park, are faced with a host of issues that negatively impact their
quality of life. Many of these problems, such as traffic congestion and noise are common
during park hours in any neighborhood that borders a large park. The S. Bradshaw St.
area is differem because most of the quality of life concerns related to the park occur after
the park closes at 10:00 p.m. Between 10:00 p.m. and 7:00 a.m., numerous cars park on
the east side of the street. Their occupants then congregate on the street in order to drink
alcoholic beverages and listen to car stereos. Residents complain of late night noise
disturbances due to loud music, yelling, and fighting. They must also comend with
illegal drug use and copious amoums of litter and debris left behind by late night revelers.
Members of both neighborhood associations in the area regularly express the same
concerns at their monthly meetings. Between May 1, 2003 and September 31, 2003,
officers responded to 26 calls directly related to this 525-foot section of S. Bradshaw
between 10 p.m. and 7:00 a.m.
The proposed ordinance would prevent late night gathering at this location and thus bring
relief to area residents.
PRIOR ACTION/REVIEW
None.
FISCAL IMPACT
The proposed ordinance would require the installation of a $125.00 No Parking sign. The
City of Denton Traffic Department would install the sign.
Respectfully submitted,
Charles Wiley
Chief of Police
Prepared by:
Joanie Housewright
Captain
Operations Bureau
S:Our Docunlmlt ~Ordhlmlce~04 No ParkingBradshaw doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING DURING
CERTAIN HOURS ON THE EAST SIDE OF BRADSHAW STREET FROM ITS
INTERSECTION WITH WILSON STREET NORTH FOR A DISTANCE OF
APPROXIMATELY 525 FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. When signs or markings are in place giving notice thereof, no person shall
park a vehicle between 10:00 p.m. and 7:00 a.m. upon the following street in the City of Denton:
The east side of Bradshaw Street from its intersection with Wilson Street north for a
distance of approximately 525 feet.
SECTION 2. The provisions of Section I prohibiting the parking of vehicles shall apply
during the specified times on the designated portion of the above named street or streets except
when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with
the direction of a police officer or official traffic control device.
SECTION 3. That all provisions of the ordinances of the City of Demon in conflict with
the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of
the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force
and effect.
SECTION 4. That if any provision of this ordinance or application thereof to any person
or circumstance is held invalid, such invalidity shall not affect the other provisions or
applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person adjudged guilty of parking a vehicle in violation of this
ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred
Dollars ($200.00).
SECTION 6. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to
be published twice in the Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the __ day of
.,2004.
EULINE BROCK, MAYOR
S:Our Documelts Ordhmnces 04 No ParkingBradshaw doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 6, 2004
Police
Jon Fortune, Assistam City Manager
SUBJECT
Consider adoption of an ordinance of the City of Demon, Texas amending Chapter 16
relating to licenses, permits and business regulations by replacing Article iii titled
Solicitors and Itinerant Merchants in its entirety with a new Article iii; providing a
severability clause; a savings clause; providing for a penalty not to exceed $500 for
violations of this ordinance; and providing for an effective date.
BACKGROUND
The City Council and staff have received citizen complaims regarding solicitors and
itinerant merchants for many years. In many of these cases, the current ordinances do not
provide sufficient regulation to effectively address these complaints or may not address a
particular issue at all. Representatives from the Planning, Police and Legal Departments
have worked together to develop the following proposals for your consideration.
Handbills and Flyers: The currem ordinance does not specifically regulate those who
distribute, or sponsor for distribution, handbills or flyers. Merchams routinely place such
advertisemems on car windshields or the from doors of residences, if not removed in a
timely manner, handbills and flyers are an indication that the residents or owner of the
vehicles are not home and, therefore, makes the residence or vehicle a target for crime.
Additionally, the advertisemems may become dislodged from the door or vehicle and
litter the grounds of shopping centers and apartment complexes.
The proposed revision would regulate the distribution of handbills. In Section 16-75, it
specifically provides property owners and managers the ability to prohibit handbill
distribution by placing appropriate signage on the property. Additionally, Section 16-93,
requires handbill distributors to obtain permits as solicitors and itinerant vendors
currently do so that Departments would have records of the responsible parties and could
more effectively address complaims.
Solicitor's Permit Requirement: Under the current ordinance, an applicant could obtain a
permit if they have not been convicted of burglary, theft, fraud, robbery or rape within
the last five years. In Section 16-93, the proposed revision expands the criminal
convictions for which a permit application can be denied to match the current criteria for
taxi cab driver permits.
Solicitor's Permit Period: Under the current ordinance, a solicitors permit fee is $10.00
and a permit is valid for up to twelve months. Therefore, an itinerant merchant can
obtain one permit and operate at a certain location for the entire year. The proposed
ordinance would maintain the permit fee of $10.00. However, Section 16-93,(6)(k)
reduces the permit period to 30 days for door-to-door solicitors and 14 days for itinerant
merchants and Section 16-93(6)(1) requires a waiting period of 30 days before the permit
holder can apply for another permit. The intent of this provision is to preclude solicitors
and itinerant merchants from operating on a continuous basis within the City.
Itinerant Merchants: Section 16-96 of the proposed ordinance specifically names the
streets along which itinerant merchants are prohibited from operating. These streets are
major thoroughfares that experience heavy vehicular traffic and high numbers of
accidents. Itinerant merchant booths or kiosks present additional traffic hazards by
presenting distractions to drivers, increasing the number of vehicles entering and exiting
parking lots, and reducing the visibility at parking lot entrances and exits. Section 16-77
contains additional requirements for itinerant merchants that were developed with
assistance from the Planning Department. These requirements are an attempt to reduce
the number of complaints staff receives and improve the appearance of major
thoroughfares such as University Drive and Loop 288.
Section 16-78 provides for exemptions to the ordinance. The exemptions originally
included anyone or any group who is required to get a special events permit through the
City Parks and Recreation Department or to the North Texas State Fair. Additionally, the
Development Code provides an exemption for the Farmer's Market that was established
by the City on Carroll Boulevard. Section 25 of the Code of Ordinances regulates
solicitations by charitable, religious, or educational organizations. Section 25-5 and
Section 25-5.1 do require organizations that are soliciting charitable contributions on or
along the side of the public streets to obtain a permit, but there is no charge for a permit
issued pursuant to that section. Such organizations that solicit on private property, with
the permission of or in a cooperative effort with, the property owner, will be considered
an extension of that business and will not be required to comply with the regulations set
forth in the proposed ordinance.
Following the Council discussion March 2, 2004, an exemption has been added for
itinerant merchants who are selling agricultural products, which include fruits,
vegetables, trees, plants, honey, or any other product that is grown and/or harvested.
Additionally, an exemption has been provided for organizations whose membership is
predominantly under the age of eighteen. That exemption will allow organizations such
as the Girl Scouts, elementary or secondary educational organizations, or religious youth
groups to conduct traditional fund raising activities without obtaining a permit. In
summary, itinerant merchants who are selling agricultural products, non-profit youth
organizations, and those who are regulated through special event permits will not be
required to obtain a solicitor's permit under the provision of this ordinance nor will they
be restricted in the locations they can sell.
During the Council discussion on March 2, 2004, staff was asked to explore possible
methods of prohibiting or limiting itinerant merchants from buying used items. After a
discussion with the Legal Department, we are unaware of any municipalities that regulate
such activities. Additionally, we believe more in-depth research is needed before an
ordinance is drafted to ensure that certain activities, such as people going door to door at
garage sales, would not be inadvertently affected by such a prohibition. Further, we have
received no other complaints regarding itinerant merchants buying used items. We will
perform further research on this issue if requested.
Additionally, the issue of permitting newspaper racks placed in City right of way was
discussed. In accordance with a Supreme Court ruling, a municipality can only charge
the actual administrative cost it incurs from the newspaper racks. At this time, there is no
known administrative cost and, additionally, we do not know the scope of the problem.
Therefore, it is difficult to determine the administrative cost at this time and, in
consideration of the constitutional issues that may be involved, there is no proposed
provision for the regulation of newspaper racks in the City right of way in this proposed
revision. Staff will continue to investigate this issue and present a proposal, if possible,
at a later time.
PRIOR ACTION/REVIEW: Council reviewed the initial proposal at a Work Session
on March 2, 2004. We believe that the concerns expressed at that meeting were
addressed and revisions to the initial proposal were made where appropriate.
FISCAL IMPACT: The revised permitting procedures will require merchants to
purchase up to five additional permits per year. Any additional revenue realized is
dependant on the amount of time merchants wish to operate within the City and,
therefore, it is unknown at this time. However, at only $10.00 per permit, any additional
revenue will be negligible.
Respectfully submitted,
Prepared by:
Charles Wiley
Chief of Police
Joanie Housewright
Captain
Operations Bureau
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 16
RELATING TO LICENSES, PERMITS AND BUSINESS REGULATIONS BY REPLACING
ARTICLE III TITLED SOLICITORS AND ITINERANT MERCHANTS IN ITS ENTIRETY
WITH A NEW ARTICLE III; PROVIDING A SEVERABILITY CLAUSE; A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF
THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That Chapter 16 "Licenses, Permits and Business Regulations" of the Code
of Ordinances of Denton, Texas is hereby amended by replacing Article III of Chapter 16 titled
"Solicitors and Itinerant Merchants" in its entirety.
SECTION 2. That Article III of Chapter 16 "Solicitors and Itinerant Merchants" of the
Code of Ordinances of Denton, Texas is hereby amended to read as follows:
Chapter 16
ARTICLE III.
SOLICITORS AND ITINERANT MERCHANTS
ARTICLE III. SOLICITORS AND ITINERANT MERCHANTS*
DIVISION 1. GENERALLY
Sec. 16-71. Purpose.
This entire article is and shall be deemed an exercise of the police power of the state and
of the city for the public safety, comfort, convenience and protection of the city and its citizens,
and all of the provisions of this article shall be construed for the accomplishment of that purpose.
Sec. 16-72. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Agricultural Vendor means an individual engaged in selling only products which are
planted and or naturally harvested including fruits, vegetables, plants, trees, nuts or honey.
Conviction means a conviction in a federal court or a court of any state or foreign nation
or political subdivision of a state or foreign nation that has not been reversed, vacated, or
pardoned.
Goods or merchandise means any personal property of any nature whatsoever, except
printed material.
Handbill means any printed or written matter, any sample or device, circular, flyer,
leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered
by United States mail, including, but not limited to, those which:
(a) Advertise for sale any merchandise, product, commodity, or thing;
(b) Direct attention to any business or mercantile or commercial establishment, or
other activity, for the purpose of either directly or indirectly promoting the interest
thereof by sales; or
(c) Direct attention to or advertise any meeting, theatrical performance, exhibition, or
event of any kind for which an admission fee is charged for the sole purpose of private
gain or profit.
Handbill distributor means and includes any person engaging or engaged in the
business for hire or gain of distributing handbills, other than newspapers distributed to
subscribers thereof, and any person receiving compensation directly or indirectly for the
distribution of such handbills.
Handbill sponsor means and includes any person, firm or corporation who utilizes
handbills as a medium of advertising or spreading a message.
Home solicitation transaction means a transaction or the purchase of goods or services,
payable in installments or cash, in which the home solicitor engages in a personal solicitation of
a sale to a person at a residence. A home solicitation transaction shall not include a sale made
pursuant to a preexisting retail charge agreement or a sale made pursuant to prior negotiations
between the parties at a business establishment at a fixed location where goods or services are
offered or exhibited for sale or a sale of realty, in which transaction the purchaser is represented
by a licensed attorney or in which the transaction is being negotiated by a licensed real estate
broker.
Home solicitor means a person who goes from house to house or from place to place
soliciting, selling or taking orders for or offering to sell or take orders for any goods,
merchandise or services, this includes distribution of handbills left at any residence.
Itinerant merchant means a person who sets up and operates a temporary business
within the premises of another business or any other building or location in the city soliciting,
selling or taking orders for or offering to sell or take orders for any goods or services.
Multiunit complex means two or more dwellings in one or more buildings that are:
(a) under common ownership;
Page 2 of 12
(b) managed by the same owner, agent, or management company; and
(c) located on the same lot or tract or adjacent lots or tracts of land.
Police chief means the chief of police or his designee of the city.
Residence means any separate living unit occupied for residential purposes by one (1) or
more persons, contained within any type of building or structure.
Soliciting means selling or attempting to sell goods or services or to take or attempt to
take orders for services or goods to be performed or furnished in the future.
Sec. 16-73. Hours for home solicitation.
(a) A person shall not go upon any residential premises and ring the doorbell or rap
or knock upon the door or create any sound in a manner calculated to attract the attention
of the occupant of the residence for the purpose of engaging in or attempting to engage in
a home solicitation transaction:
d)
or
Before 9:00 a.m. or after 6:00 p.m. of any day, Monday through Saturday;
(2) At any time on a Sunday, New Year's Day, July 4th, Labor Day,
Thanksgiving Day or Christmas Day.
(b) Subsection (a) of this section shall not apply to a visit to the premises as a result
of a request or an appointment made by the occupant.
Sec. 16-74. Prohibited conduct.
It shall be unlawful for a person engaged in soliciting under this article to:
(a) Misrepresent the purpose of the solicitation;
(b) Continue efforts to solicit from an individual once that individual informs the
solicitor that he does not wish to make a purchase from that solicitor;
(c) Represent the issuance of any permit under this article as an endorsement or
recommendation of the solicitation.
(d) Fail to carry a valid driver's license or identification card issued by the State of
Texas or the State in which the defendant resides.
Sec. 16-75. Exhibiting card prohibiting solicitors and/or handbill distributors.
(a) A person desiring that no merchant or other person engage in a home solicitation
at his residence or at a multi-unit complex which he owns or manages shall exhibit in a
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conspicuous place upon or near the main entrance/entrances to the residence or multi unit
complex a weatherproof card, or sign not less than two (2) inches by four (4) inches in
size, containing the words, "No Solicitors" or No Handbills. "The letters shall be not less
than two-thirds of an inch in height. Multi-unit complexes may also give notice of no
soliciting by painting the words, "No Solicitors" or "No Handbills" on the curbs at major
entrances to the multi-unit complex.
(b) Every solicitor upon going onto any premises upon which a residence is located
shall first examine the residence or multi unit complex to determine if any notice
prohibiting soliciting or handbill distribution is exhibited upon or near the main entrance
to the residence or multi unit complex. If notice-prohibiting soliciting is exhibited, the
solicitor shall immediately depart from the premises without disturbing the occupant,
unless the visit is the result of a request made by the occupant.
(c) No person shall go upon any residential or multi unit complex premises and ring
the doorbell or rap or knock upon the door or create any sound in a manner calculated to
attract the attention of the occupant of the residence for the purpose of securing an
audience with the occupant and engaging in or attempting to engage in a home
solicitation transaction if a card as described in subsection (a) of this section is exhibited
in a conspicuous place upon or near the main entrance(s) to the residence or multi-unit
complex, unless the visit is the result of a request made by the occupant.
(d) No person shall distribute handbills upon any residential or multi unit complex
premises if notice as described in subsection (a) of this section is exhibited in a
conspicuous place upon or near the main entrance(s) to the residence or multi-unit
complex. It is prima facie evidence that the handbill sponsor is fully responsible for the
placement or distribution of the handbills.
Sec. 16-76. Soliciting on city property.
(a) It shall be unlawful for any person to solicit on property owned by the city, unless
such person has entered into a license agreement with the city.
(b) The city manager is authorized to execute and enter into license agreements with
solicitors authorizing the use of a tract or portion thereof of city property where specific
findings are made that the proposed use:
(1) Will not violate the provisions of the Texas Transportation Code, Section
552.007 or Texas Penal Code § 42.03;
(2) Will not cause or contribute significantly to congestion on the public
sidewalks so as to render access to abutting private property unreasonably
inconvenient.
(c) The licensee shall pay a rental fee based upon square footage.
Sec. 16-77. Additional Requirements for Itinerant Merchants.
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(a) Itinerant merchants shall not block fire lanes.
(b) Itinerant merchants shall provide a portable toilet or obtain written permission
from the property owner to use the rest room facilities.
(c) Itinerant merchants shall not obstruct traffic site triangles.
(d) Itinerant merchants shall not obstruct required parking spaces.
(e) Itinerant merchants shall be set back from the edge of the right of way by at least
fifteen feet.
(f) Itinerant merchants shall meet all requirements of the Denton Development Code.
Sec. 16-78. Exemptions.
(a) The provisions of this article shall not apply to sales made to dealers by
commercial travelers or sales agents in the usual course of business calling upon or
dealing with manufacturers, wholesalers, distributors or retailers at their places of
business.
(b)
The provisions of this article shall not apply to anyone or any group who is
required to get a special events permit through the City Parks and Recreation
Department or to the North Texas State Fair.
(c) The provisions of this article shall not apply to an agricultural vendor.
(d)
The provisions of this article shall not apply to a person soliciting employment at
the Day Labor Site.
(¢)
The provisions of this article shall not apply to organizations whose membership
consists primarily of persons under 18 years of age, such as Girl Scouts, Boy
Scouts, school organizations, youth sports organizations, and charitable or
religious youth organizations. See Denton Code of Ordinances Chapter 25.
DIVISION 2. PERMIT
Sec. 16-91. Required.
It shall be unlawful for any itinerant merchant, handbill distributor or home solicitor to
sell, display or offer for sale any goods or services or distribute handbills within the city without
first obtaining a permit from the city. If the solicitation is for charitable, religious or educational
purposes, these solicitations shall be governed by Sections 25-5, 25-5.1, and 25-5.2.
Sec. 16-92. Affirmative defenses to permit requirement.
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article:
The following shall be an affirmative defense to prosecution under section 16-91 of this
That the solicitor is on the property by invitation of the person residing on such premises.
Sec. 16-93. Application; duration renewal.
(a) Any person who wishes to engage in home solicitation, handbill distribution or
any itinerant merchant who wishes to solicit within the city shall file a written application
with the police chief, which application shall show the following:
(1) Proof of the identity and home address of the applicant and the name and
address of the employer or firm that such applicant represents;
(2) A brief description of the nature, character and quality of the goods to be
sold, or a copy of the handbills to be distributed;
(3) If employed by another, the name and business address of the person,
firm, association, organization or corporation;
(4) For any and all motor vehicles which are to be used, a description of all
the vehicles, together with the motor vehicle registration numbers of all the
vehicles, and the license numbers of all the vehicles;
(5) A description of the proposed location of the solicitation or handbill
distribution;
(6) The period of time the applicant so wishes to solicit, sell, take orders or
distribute handbills in the city;
(7) The names of other communities in which the applicant has worked as a
solicitor or handbill distributor in the past twelve (12) months, and, if he was
employed by a different company in those communities, the name of those
companies shall also be stated;
(b) The applicant or any agent of the applicant must meet the following criteria:
(1) be currently authorized to work full-time in the United States;
(2) hold a valid driver's license or identification card issued by the State of
Texas or the state in which the defendant resides;
(3) be able to communicate in the English language;
(4) not be afflicted with a physical or mental disease or disability that is likely
to endanger the public health or safety;
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(5) not have been convicted or placed on probation or deferred adjudication
for a crime:
a. involving:
1. criminal homicide as described in Chapter 19 of the Texas
Penal Code;
2. kidnapping as described in Chapter 20 of the Texas Penal
Code;
3. a sexual offense as described in Chapter 21 of the Texas
Penal Code;
4. an assaultive offense as described in Chapter 22 of the
Texas Penal Code, other than a Class C misdemeanor;
5. robbery as described in Chapter 29 of the Texas Penal
Code;
6. burglary as described in Chapter 30 of the Texas Penal
Code;
7. theft as described in Chapter 31 of the Texas Penal Code,
but only if the violation is punishable as a felony;
8. fraud as described in Chapter 32 of the Texas Penal Code;
9. tampering with a governmental record as described in
Chapter 37 of the Texas Penal Code;
10. public indecency (prostitution or obscenity) as described in
Chapter 43 of the Texas Penal Code;
11. the transfer, carrying, or possession of a weapon in
violation of Chapter 46 of the Texas Penal Code, but only if the
violation is punishable as a felony;
12. a violation of Chapter 483, Dangerous Drugs, of the Texas
Health and Safety Code that is punishable as a felony;
13. a violation of the Controlled Substances Act, Chapter 481
of the Texas Health and Safety Code that is punishable as a felony;
or
14. criminal attempt to commit any of the offenses listed in
Subdivision (E)(1)(i) through (xiii) of this subsection;
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b. for which:
1. if the applicant was convicted for a misdemeanor offense,
less than two years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction,
whichever is the later date;
2. if the applicant was placed on probation or deferred
adjudication for a misdemeanor offense, less than two years have
elapsed since the date of successful completion of probation or
deferred adjudication;
3. if the applicant was convicted for a felony offense, less
than five years have elapsed since the date of conviction or the date
of release from confinement for the conviction or the date of
release from parole, whichever is the later date;
4. if the applicant was placed on probation or deferred
adjudication for a felony offense, less than five years have elapsed
since the date of successful completion of probation or deferred
adjudication;
5. less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last
conviction, whichever is the later date, if, within any 24-month
period, the applicant has two or more convictions of any
misdemeanor offense or combination of misdemeanor offenses; or
6. less than five years have elapsed since the date of the
successful completion of probation or deferred adjudication for the
last offense, whichever is the later date, if, within any 24-month
period, the applicant has been placed on probation or deferred
adjudication two or more times for any misdemeanor offense or
combination of misdemeanor offenses;
c. not be addicted to the use of alcohol or narcotics;
d. be subject to no outstanding warrants of arrest;
e. An applicant who has been sentenced for an offense listed in
Subsection (b)(5)(a.) 1-8 which is a felony level offense or criminal
attempt of (b)(5)(a) 1-8 for which the required time period provided by
this ordinance has elapsed, may qualify only if the chief of police or his
designee determines that the applicant is presently fit to engage in
solicitation or handbill distribution. In determining present fitness under
this section, the chief or his designee shall consider the following:
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(1) the extent and nature of the applicant's past criminal activity;
(2) the age of the applicant at the time of the commission of the crime;
(3) the amount of time that has elapsed since the applicant's last criminal
activity;
(4) the conduct and work activity of the applicant prior to and following the
criminal activity;
(5) evidence of the applicant's rehabilitation or rehabilitative effort while
incarcerated or following release; and
(6) other evidence of the applicant's present fitness, including letters of
recommendation from prosecution, law enforcement, and correctional officers
who prosecuted, arrested, or had custodial responsibility for the applicant; the
sheriff and chief of police or his designee in the community where the applicant
resides; and any other persons in contact with the applicant.
f. It is the responsibility of the applicant, to the extent possible, to
secure and provide to the chief or his designee the evidence required to
determine present fitness under Subsection (e) of this section.
g. Proof of a sales tax permit issued by the state or proof that the
goods sold are not subject to such sales tax; and
h. An itinerant merchant who makes application to offer his goods for
sale upon private property shall provide written proof that he has
permission to use such property from the owner or the owner's agent.
i. The applicant shall present written proof of his authority to
represent the company or individual he states he represents.
j. The application shall be accompanied by a fee in an amount
established by the city council and on file in the office of the city
secretary, and no permit shall be issued until such fee has been paid by
such applicant.
k. A permit requested under this article shall be issued for the length
of time requested, not to exceed thirty (30) days for solicitors and not to
exceed fourteen (14) days for itinerant merchants.
1. Upon expiration of a permit, the solicitor or itinerant merchant
may not apply for a new permit for a period of thirty (30) days for the
same business and/or location. Application for a subsequent permit must
be made in the manner prescribed by this section.
Page 9 of 12
Sec. 16-94. Issuance.
It shall be the duty of the chief of police or his designee to issue such applicant a permit
to solicit or sell or take orders for such goods, services or merchandise set forth in the applicant's
application within five (5) working days of the receipt of a completed application and prescribed
fee, unless it has been determined that the application contains false information or the person
does not meet the criteria set forth in this Article. If the application contains false information or
the person does not meet the criteria set forth in this Article, the chief shall not issue the permit.
Sec. 16-95. Permit card.
(a) Upon issuance of a permit required under this division, the permittee shall be
issued a card which shall contain the name of the permittee, the permit number and date
of expiration.
(b) It shall be unlawful for any home solicitor or itinerant merchant to solicit in the
city without carrying the required permit card on his person and a driver's license or
identification card.
(c) It shall be unlawful for an itinerant merchant to solicit at locations other than
those listed in his application for a permit.
(d) It shall be unlawful for any person soliciting to fail or refuse to display such
permit card upon the request of any person demanding the card.
It shall be unlawful for any person to duplicate or Xerox or otherwise display a
facsimile of a permit card issued pursuant to this division.
Sec. 16-96. Solicitation in selected public rights-of-way prohibited.
(a) It shall be unlawful for any person to solicit, at any time in the public rights of ways,
with or without a permit, on the following streets:
(1) Bell Avenue
(2) Bonnie Brae
(3) Carroll Boulevard
(4) Colorado Boulevard
(5) Dallas Drive
(6) Eagle Drive
(7) Elm Street
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(8) Ft. Worth Drive
(9) Hickory Street
(10) Interstate Highway 35, 35 East, 35 West and all service roads
(11) Lillian Miller Parkway
(12) Locust Street
(13) Loop 288
(14) McKinney Street
(15) Oak Street
(16) Teasley Lane
(17) University Drive/ Highway 380
(18) Woodrow Lane
Secs. 16-97 - 16-125. Reserved
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 4. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not to exceed Five Hundred Dollars ($500.00). Each day that a
provision of this ordinance is violated shall constitute a separate and distinct offense.
SECTION 5. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
Page 11 of 12
PASSED AND APPROVED this the
__ day of
_,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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HANDOUT TO COUNCIL
CITY COUNCIL CONSENT AGENDA ITEM #4D
CITY OF DENTON PUBLIC UTILITIES BOARD MINUTES
March 22, 2004
Draft
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, March 22, 2004, at
9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street,
Denton, Texas.
PRESENT:
Bill Cheek, Yolanda Guzman, George Hopkins, Charldean Newell, Dick
Smith and Don White
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM/Utilities
EXCUSED:
John Baines
CONSENT AGENDA:
1) Consider approval of Task Order 04-B with R. J. Covington Consulting, LLC, Austin, Texas
for professional consulting services relative to a retail rate study for DME, in an mount not to
exceed $93,100.
2) Consider approval of the purchase of sixty-gallon curbside recycling carts from Otto Waste
Systems through the Houston-Galveston Area Council of Governments ("HGAC") by way of
an interlocal agreement with the City of Denton in an amount not to exceed $70,951.70.
3) Consider approval ofBid No. 3140to ThelinRecycling Company for contract wood waste
grinding in an amount not to exceed $88,900.
Board Member Dick Smith moved to approve Consent Agenda Items gl, #2 and #3, with a
second from Board Member Don White. The motion was approved by a vote of 6-0.
Page 1 of 1
S:\0ur Doeuments\Ordinances\04\Change Order-Techline-2.doe
ORDINANCE NO. ,.'
AN ORDINANCE OF THE CITY OF DENTON APPROVING AND RATIFYING A CHANGE
ORDER FOR A CONTRACT BETWEEN THE CITY OF DENTON AND TECHLINE-FORT
WORTH FOR THE SUPPLYING OF COPPER AND ALUM/NUM WIRE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to City Council approval under Ordinance No. 2003-241, on August
19, 2003 the City of Denton and Techline-Fort Worth (the 'Vendor") entered into a contract for the
supplying of copper and aluminum wire (the "Contract"); and
WHEREAS, the actual quantities ordered and received by the City under the Contract far
exceed the estimates contained in the Contract;
WHEREAS, due to the dramatic increase in the cost and value of this product since the
Contract was entered into and because of the dramatic increase in the quantities needed by the City,
the Vendor has requested a change order, a copy of which is attached hereto and made a part hereof
by reference (the "Change Order"); and
WHEREAS, the Change Order involves increases that do not exceed 25% of the original
trait prices for the copper and aluminum wire; and
WHEREAS, the City Council finds that the Change Order serves valid public and municipal
purposes and is in the public interest; NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth kerein.
SECTION 2. The Change Order is hereby approved and ratified. The Clty Manager, or his
designee, is hereby authorized to execute the Change Order on behalf of the City and to make the
expenditure of funds provided for by the Change Order. All prior actions consistent with the Change
Order are hereby authorized and ratified.
SECTION 3. This Change Order is also adopted pursuant to Section 252.022(c) of the
Local Government Code. The expenditures provided for by the Change Order are for Denton
Municipal Electric ("DME"), a municipally owned electric utility. The City Council is the governing
body of DME. Due to the dramatic increase in the cost of copper and aluminum wire it is necessary
that they be purchased by extending existing vendor contracts instead of competitively bidding the
purchases. An investigation of the market has determined that a competitive bidding process would
yield prices that would more than double the prices provided for in the Change Order. DME is
hereby authorized to extend existing contracts for aluminum and copper wire as evidenced by the
Change Order. This procedure of extending existing contracts without competitive bids will remain
in effect through August 31, 2005. After that time the City Council will reassess the situation to
ascertain whether the market has stabilized to the extent that competitive bidding is prudent. The
City Council hereby finds that the City and DME will be substantially harmed if required to
competitively bid copper and aluminum wire during this time period. The City Council further finds
that the Change Order and the procurement procedures adopted herein serve a valid public purpose
by saving the City and DME substantially expenses that would be incurred if the aluminum and
copper wire were purchased through the competitive bidding process. This ordinance shall also
constitute a resolution of the City Council of the City of Denton.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINEBROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: £/ P
Page 2
Apdl 1, 2004
Karen Smith
City of Denton
901 B. Texas Street
Denton, Texas 76209
Due to the unforeseeable changes in lhe market place over the last two quarters, TechJine, Inc.
in conjunction with Piralli Pov,~r Cables and DME has negotiated now pdcing for contract 3043.
The increasing cost of copper and aluminum, which has increased exponentlelly made this
agreement necessary to secure the best pdcing for DME. This conizact will be valid March 31,
2004 through August 31, 2005. Below are the new pdces for cable:
280-80-056 Cable, AL4/0 14~hase, Primary, FullConcentrlc
S2.0875/FT
280~0-040 Cabl~ A L # 2 3 ~=hase, P rlmary, 1/3 R educed Neutral
280-80-055 Cable, A L 4/0 l-Phase, Primary, 113 R educed Neutra]
280.80-010 Cable, A L #2 1-Phase, P fimary, Full Concentric
$1.10/FT
$~675~-T
$1.6625/FT
280-80-100 Cable, 5 00 C u, E PR P rlmary, ~1 hlelded
$4.1875/FT
280-80-110 Cable, 7 50 C u, E PR P rlmaw, Shlelded
$5.825/FT
C~ble, 3 50 (Wesleyan/XLP) $1.63/FT
Cable, 4/0 (Sweetbrlar/XLP) $.93/FT
280-80-070 Cable, 2/0 (C~nveme/XLP) $.71/FT
2~o-16-220 Wire, 4/0 S oft D fawn B am Co, per, 1 9-Sfl'and $.9125/FT
Sincerely,
Michael Stone / Shawn Hol~:~Nay
Outside Sales / Inside Sales
City of Denton
Emergency
Management
Proaram
Update for CiO,
Council
April 6, 2004
-~Alert citizens in advance of a
disaster.
--~Be able to adequately protect life and
property.
-->Quickly and accurately assess the
magnitude of all emergencies.
->Provide for a rapid restoration of
services.
->Give assistance in the form of
recovery services.
->Mitigate the impact of future
emergencies.
Learn from the mistakes
of others.
Because you can't possibly
live long enough to make
them ALL yourselves.
City of Fo~ Worth - 2001
--YProperly keep citizens informed of
the situation.
->Be able to adequately protect life
and property.
->Relocate citizens to a safe place.
->Save Lives.
->Care for Casualties.
->Limit further casualties.
-->Limit further damage to structures
and environment.
--~Reassure and care for the public.
--~Restore area to normal as soon as
possible.
~INESS kEVE~S:
Level 3
Increased Readiness
Level 4
Normal Conditions
2
City oi~Dentgn ~1 .Mayor
~ .Emergency
City Code
Coordinator
Chapter 9 ! .Emergency
City of:DentOfi
EmergengY ~ian
I
City of Denton ~
E~rgenCy Plan
[ BaSic~Plan
Anne~6~,
I Annexes I
IA-warning I
IB-Communications ]
I C - Shelter&Mass Care
ID - Radi°l°gical I
IE - Evacuation
IF :Firefighting ~:
I
la-Law Enforcement I
I:H- n~pital & ~edicaiI
lO-Human Services I
I P- n~.ra Mi~!~ation
IO-H~Ma~ = :1
IR-Search & Rescue: ]
IS ' Transp°nati°n I
IT- °°nati°=s Mgt' I
I V- Terrorist Incident ]
3