HomeMy WebLinkAboutApril 1, 2003 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
April 1, 2003
After determining that a quorum is preseN, the City Council will convene in a Work Session on
Tuesday, April 1, 2003 at 5:00 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 regarding the proposed evens
process.
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of April 1, 2003.
NOTE: The City Council reserves the right to adjourn iNo a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended.
Regular Meeting of the City of DeNon City Council on Tuesday, April 1, 2003 at 6:30 p.m. in
the Council Chambers at City Hall, 215 E. McKinney Street, DeNon, 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
C. Proclamations/Awards
B. Recognition of staff accomplishments
3. CITIZEN REPORTS
A. Receive citizen reports from the following:
1. Carolyn Phillips - new horizon and building permits.
2. Peternia Washington-Southeast Denton Small Area Plan.
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 ConseN Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
City of Denton City Council Agenda
April 1, 2003
Page 2
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda items A-K). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
if no items are pulled, Consent Agenda items A-K 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.
A. Consider approval of tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
! AI~ Dup~i~at~ Payment ~ 5
Texas Title for G[eg0ry L, Durmick Duplicate Payment 2002 870~99
4. American Title Company for Duplicate Payment 2002 926.11
Stephanie Norman
~ ~iff fo ~i ~uP~ at Payment ~002 ~ 8~8
6. First American Tax Service for Duplicate Payment 2002 539.89
Kathleen Kern
Edward an~ Dup~i~at~ Payment 2002 788
8: WellsFarg0 for Jeremy Giese Erroneous Payment 2002 676:04
10. Mshassan Inc. Denton Central Appraisal 2002 836.11
District - Value Change
R~nt~ ~nt~ C~nt~ ~Pra~l 2002 53 80
12. Ocean to Ocean Inc. Duplicate Payment 2002 691.48
3 ~ ~ ~it~g~ Dup~i~at~ Payment 2002 0 8
14: CharlesMcDade Duplicate Payment 2002 543.69
16. Tim W. Peters Duplicate Payment 2002 921.23
°~ ~¢~lth fo ~PI~ at~ P~nt ~
~aa ~B~ahBuj it
18. William & Carol Collins Duplicate Payment 2002 1,042.26
20. Transamerica Real Estate Tax Se~ice for E~oneous Payment 2002 659.11
Charles S. Rash
Consider adoption of an ordinance awarding a contract for the purchase of video
conferencing equipment for the North Branch Library as awarded by the State of
Texas Building and Procurement Commission through the Qualified information
Service Vendor (QiSV) Catalogue Program; providing for the expenditure of
funds therefore; and providing an effective date (File 3001 to Verizon in the
amount of $72,566.60).
City of DeNon City Council Agenda
April 1, 2003
Page 3
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Consider adoption of an ordinance awarding a comract for the purchase of Public
Address Systems as awarded by the State of Texas Building and Procuremem
Commission through the Qualified information Service Vendor (QiSV) Catalogue
Program; providing for the expenditure of funds therefore; and providing an
effective date (File 3005 to DFW Communications, inc. in the amoum of
$35,140).
Do
Consider adoption of an ordinance awarding an annual comract for the purchase
of fiber optic cable, as awarded by the State of Texas Building and Procuremem
Commission; providing for the expenditure of funds therefore; and providing an
effective date (File 3002 to FMS Technologies, inc. in the amoum of $1.78 per
foot for an annual estimated amount of $180,000).
mo
Consider adoption of an ordinance accepting competitive bids and awarding a
comract for the purchase of police uniforms; providing for the expenditure of
funds therefore; and providing an effective date (Bid 2941 - Police Uniforms
awarded to Direct Action Uniforms in the estimated amount of $44,208).
Fo
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of a trailer mounted vacuum trailer; providing for the
expenditure of funds therefore; and providing an effective date (Bid 2958 -
Trailer Mounted Vacuum Trailer awarded to Witch Equipment Co., Inc. in the
amoum of $30,000).
Go
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of a 3¼-ton pickup truck; providing for the expenditure of
funds therefore; and providing an effective date (Bid 2968 - 3¼-Ton Truck
awarded to Sam Pack's Five Star Ford in the amoum of $29,291).
Ho
Consider adoption of an ordinance awarding a comract for the purchase of
furniture millwork at the North Branch Library; providing for the expenditure of
funds therefore; and providing an effective date (Bid 2978 - North Branch
Library Millwork awarded to Metroplex Millworks in the amoum of $63,031).
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.
Jo
Consider adoption of an ordinance approving the placemem of an approximate
3.13 acre tract owned by Denton Municipal Electric for an electric substation, for
bid respecting the developmem of a non-drilling/pooling agreemem with a gas
developer; and providing an effective date.
Ko
Consider approval of a resolution allowing Nopales Hacienda Restauram to be the
sole participam allowed to sell alcoholic beverages at the Cinco de Mayo
Celebration on May 3, 2003, 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.
City of DeNon City Council Agenda
April 1, 2003
Page 4
5. PUBLIC HEARINGS
Hold a public hearing and consider adoption of an ordinance rezoning
approximately 9.4 acres. The rezoning consists of approximately 4.7 acres from
Neighborhood Residemial Mixed Use (NRMU) to Neighborhood Residemial 6
(NR-6) and approximately 4.7 acres from Neighborhood Residemial 6 (NR-6) to
Neighborhood Residemial Mixed Use (NRMU). The property commonly known
as Sherman Crossing is generally located south of Loop 288, west of Sherman
Drive and north of Hercules. Single-family residemial and commercial uses are
proposed. The Planning and Zoning Commission recommends approval (6-0).
(Z03-0006, Sherman Crossing)
Hold a public hearing and consider adoption of an ordinance regarding a Specific
Use Permit for a gas well site. The approximately 37 acre property is in a
Neighborhood Residemial Mixed Use (NRMU) and Neighborhood Mixed Use 12
(NRMU-12) zoning district and is generally located north of Ocean Drive
approximately 1,800 feet east of Teasley Lane. Gas well drilling is proposed.
The Planning and Zoning Commission recommends approval with conditions (5-
1). (Z03-0003, Teasley Gas Well No. 1)
Cominue a public hearing and consider adoption of an ordinance approving a
Specific Use Permit (SUP) for a childcare facility on approximately 0.7 acres.
The site, commonly known as 320 Mill Street, is generally located on the south
side of Mill Street opposite Cook Street. The property is in a Neighborhood
Residemial 3 (NR-3) zoning district. A childcare facility is proposed. The
Planning and Zoning Commission recommends approval with conditions (4-3).
(Z02-0063)
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations and appoimmems to the City's Boards and Commissions.
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Agenda
April 1, 2003
Page 5
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2003 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:
DEPARTMENT:
CM:
April 1, 2003
City Manager's Office
Michael A. Conduff, City Manager
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the proposed events
process.
BACKGROUND
History
Denton Arts and Jazz Festival, Denton Blues Festival, Cinco de Mayo, Texas Storytelling
Festival, Fuego y Alma and other evens held annually in the City of DeNon have
reached a level of success that draws families from across the Metroplex. In short,
Denton is developing a reputation for its events, and event planners see Denton as an
exciting new venue to hold their special event.
In order to better serve this growth and to provide better customer service to event
planners and other interested parties, various departments involved with special events
have examined ways to streamline the approval process, to create efficiencies in the
process, and to make the process more customer service oriented.
DepartmeN represeNatives receNly finished a review and discussion of City iNernal
processes and from these discussions, several key poiNs of agreemeN were developed.
A single uniform process would ensure that even coordinators would be able to
have a customer focused event approval process that not only informed the
coordinator, but also aided staff in even approval decision-making.
The purpose of the special event agreement is to provide a resource to event
organizers to streamline the approval process for special evens held in the City of
Denton. It also allows staff an opportunity to review events and to prepare
effectively in advance. The checklist and other required information are designed
to help event organizers for a successful event.
The department representatives agreed that external stakeholders would need to
be given an opportunity to discuss the proposed changes, to offer suggestions, and
to provide input into the process before the special event agreement was put into
practice.
Each department has the right to determine its own level of sponsorship for a
planned eveN, unless otherwise directed by the City Council or the City Manager.
Sponsorship may include the provision of city facilities or services, at reduced
cost or no cost, at the discretion of the sponsoring department, unless otherwise
directed by the City Council or the City Manager.
A special event would be defined as a temporary gathering of participants
involving one or more of the following activities:
The exclusive use of public facilities
The closing of a public street
Over 250 people in attendance
Requires public safety support based on city standards
Requires traffic control measures
Use of amplified sound or excessive noise requiring an exception to the
noise ordinance
All special evens would be asked to complete a special evens agreemeN with the
City of DeNon, unless the even met one of the following conditions: The even is held solely by the City of DeNon
The even is wholly coNained on property specifically designed or suited
for the special even and which has an appropriate certificate of
occupancy, appropriate zoning and adequate parking (Examples include
UNT Coliseum, North Texas State Fair grounds, Civic CeNer, etc.)
Funeral processions
External stakeholders and staff members met on February 28, 2003, to discuss the special
event agreement. Staff listened to the concerns raised by the event planners and other
outside stakeholders. The event planners were told the special event agreement was in a
pilot stage and would be tested during the 2003 special even season and improved based
on the comments received by the event planners.
Current Situation
Staff has received several commeNs from even planners that have completed evens, and
will continue to gather comments as they are submitted. From the comments already
received, it is clear that the special even agreemeN is perceived to be less user friendly
than staff intended. The signature portion of the event agreement is daunting, and
alternative approaches incorporating the use of e-mail and other existing technology are
being discussed to address this concern. Staff is also in the process of placing the
information needed to complete the special event agreement on the Web site. This section
of the site will have downloadable forms and completed examples.
Several complains have been received regarding the new fees associated with the
INemational Fire Code adopted by Council on February 19, 2002. These fees are
required to be collected by ordinance and cannot be waived without amending the
ordinance or by Council direction. Confusion has also developed between the special
even agreemeN and the operational fee required by the Code of Ordinances.
From a policy perspective, it would be helpful for Council to address the issue of fees and
sponsorship for special evens. At preseN, the City of DeNon does not officially sponsor
any event and all events are required to pay the same fees and meet the same criteria
before event approval or permit issuance.
Staff is seeking direction regarding even sponsorship. What, if any, evens will be
sponsored by the City of DeNon? What, if any, benefits are provided through official
City of DeNon sponsorship? What process does an even go through to receive official
City of DeNon sponsorship?
STAFF RECOMMENDATIONS
Staff recommends that Council provide policy direction on what official City of
Denton sponsorship means, that Council determine the level of support they are
comfortable providing officially sponsored evens, and that Council provide
direction on the process or requirements for an event to become an officially
sponsored City of DeNon eveN.
Staff recommends the special event agreement be allowed to complete its pilot
program, and that where appropriate, the special event agreement be tweaked to
increase its ease of use from the comments received during the pilot program.
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Staff recommends that following the 2003 event season, a stakeholders meeting
be convened to discuss the special event agreement with staff members and that a
final special even agreemeN be formulated based on stakeholder input.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
January 31, 2003 - Reading File Memo
FISCAL INFORMATION
Please see the attached spreadsheet that details the cost of permits and fees associated
with most special events, the 1999 costs associated with the Denton Arts and Jazz
Festival, and the total number of staff hours spent on events, by event.
Prepared By:
Be-fry Williams
Director of Management and Public Information
Robert Hanna, Council Assistant
Attachments:
January 31, 2003, Reading File item on the special event agreemem.
Special Event Guidelines
Special Event Agreement
Costs for Denton Arts and Jazz Festival for 1999
Common fees associated with special events
Spreadsheet comparing the number of staff hours spent on events, by
event
215 E. McKINNEY DENTON, TEXAS 76201 · (940) 349-8200 · FAX (940) 349-8596
CITY MANAGER'S OFFICE
To:
From:
Date:
Subject:
MEMORANDUM
Honorable Mayor and members of the City Council
Robert Hanna, Council Assistant ~
January 31, 2003
Special evem approval process...
For some time now, various departmems involved with special events have examined ways to
streamline the approval process, to create efficiencies in the process, and to make the process
more customer service oriented.
Departmem represematives recemly finished a review of City imemal processes and developed a
process that we believe will help evem planners produce high quality evems in Demon with
greater efficiency and greater commitment to customer service by the City of Denton.
The purpose of the attached Special Event Agreement and guidelines is to provide a resource to
event organizers that will streamline the approval process for special evems held in the City of
Denton. It also allows staff an opportunity to review events and be able to prepare effectively in
advance. The checklist and other required information are designed to help evem organizers
prepare more effectively and as a result, present a successful event to their intended audience.
We believe we have a win-win solution. We plan to present the document to event planners and
external stakeholders in February. We expect the document will be well received by the
community as it does not change the requirements that event planners have grown accustomed
to, but merely lets them know up front what they will need, who they will need approvals from,
and in what time frame they should expect things approved. The Parks and Recreation
Departmem, who curremly works closely with a majority of special evems in the City of Demon,
will administer the process.
We thought it best to notify Council before meeting with community leaders and evem planners
in case you received phone calls about the new special event agreement document.
Please comact me if you have any questions regarding the document or the stakeholders.
"Dedicated to Quality Service"
www. cityofdenton, com
SPECIAL EVENT GUIDELINES
The City of Denton recognizes that special events serve an important role in Denton, including
building a sense of community, expressing the city's cultural and artistic diversity, as well as
entertaining and educating. Each year the City of Denton commits its resources through staff
time, facilities and equipment resources to provide support to these events. As the number and
size of events grow, it is necessary to provide individuals and event organizers with a consistent
process to better coordinate efforts related to event management and support.
The purpose of the Special Event Agreement is to provide a resource to event organizers to
streamline the approval process for special events held in the City of Denton. It also allows staff
an opportunity to review events and be able to prepare effectively in advance. The checklist and
other required information are designed to help event organizers prepare more effectively and as
a result, present a successful event to their intended audience.
GUIDELINES:
A Special Event Agreement (SEA) is required of all special events
held in the City of Denton.
A special event is defined as a temporary gathering of participants involving one or more
of the following activities:
1. Exclusive use of public facilities such as buildings, parks, streets, parking lots,
athletic fields, etc.
2. Closing of a public street
3. Over 250 people in attendance
4. Requires temporary installation of equipment and/or buildings
5. Requires public safety support based on City standards and ordinances.
6. Requires traffic control measures - not in conjunction with a street closure request.
7. Hours of the event extend beyond adopted City ordinances
8. Amplified sound or excessive noise requiring exemption to the noise ordinance
II.
If you meet the definition of a special event as outlined above, you would require a
Special Event Agreement with the City of Denton.
III.
Exemptions to the requirement include:
1. Special events sponsored by the City - notice shall be given to all effected
departments so that they may determine their level of sponsorship.
2. An event wholly contained on property specifically designed or suited for the special
event and which has an appropriate certificate of occupancy, appropriate zoning and
adequate parking.
3. Funeral processions.
IV. Co-sponsored events are NOT exempt from obtaining a Special Event Agreement.
A city sponsored event is an event solely planned, administered, coordinated, held by,
and paid for by a city department or by city departments - the event is not held in
conjunction with any outside non-profit or for-profit organization(s).
Sponsorship may include the provision of city facilities or services at reduced cost or no
cost to the coordinating departmeN(s).
Unless otherwise directed by the City Council or the City Manager, each individual
departmeN has the discretion to determine their own level of sponsorship in a city
sponsored event.
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A city co-sponsored even is an even paid for in whole or in part by a non-profit, for-
profit, or non City of DeNon govemmeN organization in which city facilities or services
will be provided at reduced cost or no cost to the coordinating organization(s).
Unless otherwise directed by the City Council or the City Manager, each individual
departmeN has the discretion to determine their own level of sponsorship in a city
sponsored event.
From the above statemeNs, the special evens would fall iNo three main categories: (1) City
Sponsored EveNs; (2) City Co-sponsored EveNs; and (3) Special EveNs.
City Sponsored Events examples
1. Pound, Paddle and Peddle Triathlon - Parks and Recreation DepartmeN
2. Fourth of July Jubilee - Parks and Recreation Department
Co-Sponsored Events examples
2.
3.
4.
5.
6.
Denton Arts and Jazz Fest - various departments and the Festival Foundation
Arts, Autos and Antiques - Main Street and the Main Street Association
Denton Red Bud Festival - Keep Denton Beautiful, Inc. & Parks
Tejas Story Telling Festival - Texas Storytelling Foundation & Parks
UNT Homecoming Parade - Streets and UNT
Air Fair - Denton Municipal Airport
Special Events examples
2.
3.
4.
5.
6.
7.
Fry Street
NT State Fair
Denton Black Chamber of Commerce Blues Festival
Block or Neighborhood Parties
Ceremonies, Memorials or Dedications
Sporting Events
Concerts
SPECIAL EVENT AGREEMENT
Administered by the
Parks and Recreation Department
321 E. McKinney, Denton, Texas 76201
Janie McLeod
Phone (940)-349-8272 - TDD (800) 735-2989 - Fax (940) 349-8384
jtmcleod~cityofdenton.com
EVENT AGREEMENT PROCESS OVERVIEW
1. Contact Janie McLeod with the City of Denton, Parks and Recreation Department
at the number listed above.
2. Complete, as much as possible, the General Event Information and Checklist, and
then contact all departments as noted in the agreement.
3. Gain approval signatures from all departments as required.
4. Return the packet to the Parks and Recreation Department 30 days prior to your
event for final review and approval.
5. Note that some special event activities may require additional permits with
associated fees and others may require City Council approval.
Packet Received By:
(Please Print)
Signature: Date:
Page 1 of 5
GENERAL EVENT INFORMATION
Official Name of Event:
Start Date: End Date:
Briefly describe your event. Be sure to include the purpose of the event and other planned activities.
Indicate the setup, start, stop, and tear down times for each day of the week the event will be held.
EVENT DATE SUN MON TUE WED THUR FRI SAT
SETUP TIME
START TIME
STOP TIME
TEAR DOWN
/ CLEAN UP
COMPLETE
Location of Event:
Estimated Attendance:
Number of Booths:
Will you have: [] Food [] Alcohol [] Vendors [] Amplified Sound
Texas law requires that all vendors have a valid tax ID #, and vendors may be required to produce
their valid tax ID # upon request.
Phone
Primary Contact: & Cell:
Fax: E-Mail:
Address:
City: State:
Secondary Contact:
Fax:
E-Mail
Address:
Zip Code:
Phone
& Cell:
City: State:
Zip Code:
Page 2 of 5
SPECIAL EVENT CHECKI,IST
SECTION 1: IS YOUR EVENT A:
[] Festival May require review by all departments listed.
[] Carnival or Fair/Entertainment Submit the appropriate permit application(s) to
[] Exhibits/Trade Show the City of Denton Fire Department.
[] An Amusement Building
~ s/ ~ ~thE ~ ~ ~ ~ ~IY~
SECTION 2: DO YOU NEED TO:
[] Close a public street Submit a Street Closure Request to the Parks &
Recreation Dept.
SECTION 3: WILL YOU HAVE:
[] Amplified sound Be aware that the City has a Noise Ordinance.
Please review the ordinance so that you can
design your e~ent to be in c0mp!iance~
[] Tent or Canopy Submit the appropriate permit application(s) to
[] Open Flames or Candles the City of Denton Fire Department
[] Temporary Sales/Display Booths
[] Open Burning/Open Fire
[] Explosives/Fireworks
gvlt
[] Sale of food & non-alcoholic Event vendors must submit a temporary food
beverages services permit application to Consumer Health.
[] Barricades You will need barricades if you plan to close a
public street Contact Streets for availability and
fees:
SECTION 4: HAVE YOU MADE ARRANGEMENTS FOR:
Restroom Facilities Guidelines will be provided to insure adequate
facilities are available.
g~ i ~ ~ ~v~nt i it{~ a{actggep Dento ~tiful
Solid Waste and Recycling Se~ices Contact Solid Waste to determine your needs
and to complete a solid waste se~ice agreement
and deposit.
on~a ~ ~ith VO~ ~lete~ ~ve~ a~t)
~~~~~~~~~~~
~~~~~~~~~~~
~~~~~~~~~~~
~~~~~~~~~~~
~~~~~~~~~~~
~~~~~~~~~~~
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Page 3 of 5
[] Public Safety Plan/EMS Services See the information included in this packet.
Contact the Fire Department for additional
information.
[] Electricity / Generators For electricity needs in city buildings/grounds or
in city parks, contact Parks and Recreation.
For a temporary electricity connection, please
contact Building Inspections.
[] Event Site Plan (Submit a diagram of your site plan with your
completed special event agreement form).
[] Event Clean-Up If contracted with an outside vendor, please
submit a copy of your contract with your
completed special events agreement form. If not,
submit an outline of who will clean up and
schedule.
DEPARTMENTAL APPROVALS
Some or all of the departments on the following page must review and approve the
Special Event Agreement 30 days before the date of your event. Each department has up
to 3 business days to review the request. This time frame may be less if event organizer
is well prepared and information is complete.
It is recommended that you contact departments regarding your event needs before
seeking their approval for the Special Event Agreement. Note that some special event
activities may require insurance (determined by Risk Management), additional permits
with associated fees, and others (such as alcohol sales) require City Council approval.
You must contact both the Denton Fire Department and the Denton Police Department to
determine if a public safety plan and/or event site plan is required.
Fire Department review and or permits required for:
Carnivals, Fairs, Entertainment, Exhibits, Trade Shows, Amusement Buildings
Tents/Canopies, Open Flames or Candles, Temporary Sales/Display Booths,
Open Burning/Open Fire, Explosives/Fireworks
> Public Safety Plan
> Fire Extinguishers
Police
Department review and or permits required for:
Parades & vendors on non-public property
Event Security
Event Site Plans
Page 4 of 5
DEPARTMENT CONTACTS
Department Phone/Fax Address Contact Person
Building Inspections 940-349-8360 221 N. Elm Emily Miller for
Banners/wind devices Fax 349-7208 City Hall West banners/Receptionist
Temporary Electricity for electricity.
City Manager's Office 940-349-8554 215 E. McKinney Pam Rambo-Estill
Noise Ordinance Fax 349-8596 City Hall
Consumer Health 940-349-8321 221 N. Elm Judie Talbot
Food & Beverage Sales Fax 349-7208 City Hall West
Fire Department 940-349-8156 332 E. Hickory Laura Behrens
.See Page 3 & 4 Fax 349-1234 Central Fire Station
Keep Denton Beautiful 940-349-8537 1117 Riney Road Lancine Bentley
Litter Free Event Fax 349-8396 North Lakes Annex
Parks & Recreation 940-349-8272 321 E. McKinney Janie McLeod
Events on public property Fax 349-8384 Civic Center
Police Department 940-349-8181 601 E. Hickory Loyd Burns
See Page 3 Fax 349-7966 Ste E City Hall East
Risk Management 940-349-7807 604 E. Hickory Scott Payne
Event Insurance Fax 349-7870 Ste H City Hall East
Solid Waste Dept 940-349-8420 901 Texas Street Scott Lebsack
Solid Waste/Recycling Fax 349-7303
Texas Alcoholic 940-349-2877 306 N. Loop 288 Open Tues: 8-12:00
Beverage Commission 214-688-1603 Suite 126 1:00-5:00
Sale of alcoholic beverages Wed.: 8-12:00
Streets 940-349-7160 901 Texas Street Bill Murdock
Barricades
Drainage 940-349-7116 Clark Rosendahl
Sweeper
revised 3-26-03
Page 5 of 5
0 ~ ~
City of Denton
Common Permit Fees Associated with Special Events
Department Permit/Char~le Fee
Fire Tent fee $25 per tent
Operation permit $200
2 paramedics and MICU $100 per hour
Inspections Food sales $20 per event
Wind banner $35
Annual wind banner $60
Parks and Recreation Vendor permit - profit $25 per day
Vendor permit - non profit $15 per day
Exclusive use of pavillion - resident $25
Exclusive use of pavillion - non resident $35
Exclusive use of pavillion - commercial $50-60
Police Officer overtime - family event $25 per hour
Officer overtime - higher risk event $30 per hour
Note: Solid waste fees vary upon the needs of the event and the requirements of the city.
City of Denton
Staff Hours Spent on Events in Denton - Excluding Public Safety
AVG STAFF
APPROX NUM HOURS PER TOTAL STAFF
DEPT EVENT TYPE OF EVENTS EVENT HOURS
CMO Street Closure 24 2 48
CMO Noise Exception 14 2 28
Streets Street Closure 24 4 96
Streets Parades: Drainage & Sweeper 12 3.5 42
Parks Ceremonies and Dedications 6 7 35
Parks Festivals less than 500 8 205 1640
Parks Special Events less than 500 9 85 765
Parks Parades 4 12.5 50
Parks Concerts 25 2 50
Parks Sporting Events 50 27 1350
Parks Large Facility Rentals 100 5 500
4604
AVG STAFF
APPROX NUM HOURS PER TOTAL STAFF APPROX
DEPT ANNUAL LARGE EVENT OF EVENTS EVENT HOURS ATTENDANTS
CMO Fry Street Fair 1 36 36 15,000
CMO Denton Arts and Jazz Festival 1 20 20 65,000
Main St. Dog Days of Summer 1 500 500 8,000
Main St. Arts, Antiques, and Autos 1 500 500 8,000
Streets Fry Street Fair 1 2 2
Parks Denton Arts and Jazz Festival 1 657 657
Parks Cinco de Mayo 1 142 142 12,700
Parks Holiday Lighting 1 36 36 8,000
Parks Texas Storytelling Festival 1 86 86 6,000
Parks Easter Eggstravaganza 1 250 250 4,500
Parks Denton Redbud Festival 1 77 77 3,000
Parks Great American Clean-up 1 17 17 3,000
Parks Denton All City Clean-uo 1 15 15 3,000
Parks Fourth of July Jubilee 1 369 369 3,000
Parks Halloween Carnival 1 101 101 3,000
Parks Movies in the Park 1 260 260 1,600
Parks Juneteenth 1 151 151 1,500
Parks Teen Pool Party Series 1 180 180 1,000
Parks My Little Valentine 1 120 120 725
Parks Paddle, Pound & Peddle 1 226 226 500
Parks Sweetheart Ball 1 80 80 500
Parks Fuego y Alma 1 227 227 500
4052 148,525
TOTAL STAFF HOURS FOR EVENTS 8656
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 1, 2003
Fiscal Operations, Tax Department
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of tax refunds for the following property taxes:
Tax
Name Reason Year Amount
endi 33~ ~upl~ at ~ ~nt ~0
B. Texas Title for Gregory L. Durmick Duplicate Payment 2002 870.99
~ ~i~!~ fo ~h~ ~mb~ ~ D~!~at P~nt 6 i 8 2S
D. American Title Company for Duplicate Payment 2002 926.11
Stephanie No,an
~ fo A~ii~ B~an D upii~at P~ ~nt 2~0~ 8i 8
F. First American Tax Service for Duplicate Payment 2002 539.89
Kathleen Kern
aw~a E Ean Jr D~p!~at P~nt ~88 5i
H: We!!s Fargo f°r Jeremy Giese E~oneous Payment 2002 676:04
i ~i~ ~5~ Dup!i~at p~ ~nt 2002 ~g0 8
J. Mshassan Inc. Denton Central Appraisal 2002 836.11
Distriqt: Ualue Change
L: Oqeanto Oqeanlnc: Duplicate Payment 2002 691.48
~ ~ ~ ~ H Erit ag ~Inn D upli ~at ~ ~ ~ ~ nt 200~i~i0i 8
N. Charles McDade Duplicate Payment 2002 543.69
Ri hard Nich !~ ~up!~ at~ ~nt ~0~ 8
P. Tim W. Peters Duplicate Payment 2002 921.23
~! ~ L,~d fo ~up!~ ~ ~0~ !
R. William & Carol Collins Duplicate Payment 2002 1,042.26
~ ~ sh ~ d C,~ ~av ~ v ~ ~ nt ~0~
T. Transamerica Real Estate Tax Service for Erroneous Payment 2002 659.11
Charles S. Rash
V. Transamerica Real Estate Tax Service for Duplicate Payment 2002 703.75
Christopher & Susan Naylor
BACKGROUND
Chapter 31.11 of'the Texas Property Tax Code requires the approval of` the governing body of`
the taxing unit for refunds in excess of` $500.00. These accounts fall under Chapter 31.11.
FISCAL INFORMATION
The total tax overpayment revenue account would be reduced by $19,554.67.
Respectfully submitted:
Diana G. Ortiz
Director of` Fiscal Operations
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 1, 2003
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Eva Poole 349-7735
SUBJECT
Consider adoption of an Ordinance awarding a comract for the purchase of video conferencing
equipmem for the North Branch Library as awarded by the State of Texas Building and
Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue
Program; providing for the expenditure of funds therefore; and providing an effective date (File
3001 to Verizon in the amoum of $72,566.60).
FILE INFORMATION
This purchase of a two-way video conferencing system was proposed as part of the Denton
Community Network gram funded by the State of Texas Infrastructure Fund (TIF Gram). The
proposed system allows public access to video conferencing services across both leased
telephone lines and the Imernet. It conforms to industry standards for imeroperability with other
local agencies including DISD, TWU, UNT, and NCTC. It also provides imeroperability with
standards-based systems across the coumry in support of City training and videoconferencing,
videoconferencing needs of the business community, and videoconferencing needs of the
community at large.
RECOMMENDATION
We recommend a purchase order be issued to Verizon in the amoum of $72,566.60 for two-way
video conferencing equipmem including two years of prepaid maimenance.
PRINCIPAL PLACE OF BUSINESS
Verizon
Irving, TX
FISCAL INFORMATION
Funding will come from Demon Community Network TIF Gram fund accoum 318001.8545.
Agenda Information Sheet
April 1, 2003
Page 2
Attachment 1: Quote from Verizon
Attachment 2: QISV Certification Letter
1-ALS- File 3001
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
oooo~o~o
o ~ ~
OD-i'-
0~
0 0 o
0
0 12
Attachment 2
$00 ~. Carl:matc'r Fr~f-~ TXD1917F
Irving, TX 75062
March 14, 2003
Julia KIInck
Procurement Co-ordir~ator
City of Denton
215 East M(~kinney Street
Denton, Texas 76201
Dear Ms. Ktink:
I have attached Verizon QISV letter for your review and our pdcing for the
Tandberg Director Integrator Pack Quote # C068000456/001 is below our
standard QISV price.
Thank yOU,
Education Account Manager
Vedzon
Texas GSC
VID#1750573444600
QISV ORDERING ADDRESS
816 CONGRESS AVENUE
SUITE 1500
AUSTIN, TX 78701
This is a true and accurate copy of the catalogue
approved with the General Service Commission.
Effective Date of Catalogue;
August1,1998
This catalogue has been updated. Last version of update
is dated
Tue Apr 4 17:09:23 2000.
VENDOR CONTACT INFORMATION
QISV & CMBL Contact Information
Cont-_ct Peri(m: OonnY BIs. hop
'1-80o-483-930~
-Phone Number: ....
F= Numb, n
Ematl .~resS: Don. ny:Bishop~.verizon.com
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF VIDEO
CONFERENCING EQUIPMENT FOR THE NORTH BRANCH LIBRARY AS AWARDED BY
THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE
QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE PROGRAM;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (FILE 3001 TO VERIZON IN THE AMOUNT OF $72,566.60).
WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92-
019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083
of the Texas Local Government Code which authorizes the City to participate in the State
Purchasing Building and Procurement Commission Qualified Information Service Vendor Catalogue
Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the
"QISV Catalogue"); and
WHEREAS, the herein described vendor is a qualified vendor in the QISV Catalogue and the
contract authorized by this ordinance is in the best interests of the City and complies with the
requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue
purchase; 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. The numbered items in the following numbered file for materials, equipment,
supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the
Purchasing Agent, are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3001 Verizon $ 72,566.60
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building
and Procurement Commission for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums contained in the bid documents and related documents filed with the
Services Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the General Services Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
written contract is in accordance with the terms, conditions, specifications and standards contained
in the Proposal submitted to the General Services Commission, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items set forth in the
subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the approved purchase orders or pursuant to a written contract made
pursuant thereto as authorized herein.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of .,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 1, 2003 Questions concerning this
acquisition may be directed
Materials Management to Ross Chadwick 349-8101
or Alex Pettit 349-8595
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance awarding a contract for the purchase of Public Address
Systems for Fire Stations as awarded by the State of Texas through the Texas Building and
Procurement Commission through the Qualified information Service Vendor (QiSV) Catalogue
Program; providing for the expenditure of funds therefore; and providing an effective date (File
3005 to DFW Communications, inc. in an amount not to exceed $35,140).
FILE INFORMATION
DFW Communications currently supports the public address systems at all Denton Fire Stations.
This equipment is ageing to the point of failure in many locations. This proposal constitutes the
installation of new equipment that will bring fire stations #2 - #6 to the equivalent level to the
equipment in the Central Fire Station.
The public safety dispatch system utilizes a public address system at each fire station in order to
alert, inform, and assign duties to each station and/or its components. The electronic public
address systems are active 24 hours a day, 365 days a year. Several of these systems are more
than ten years old and have been modified with replacement parts that severely affect their
reliability, in order to raise the level of dependability of these systems they must be replaced, or
constantly maintained at ever increasing rates.
RECOMMENDATION
We recommend the award of File 3005 to DFW Communications, Inc. in an amount not to
exceed $35,140.
PRINCIPAL PLACE OF BUSINESS
DFW Communications, Inc.
Irving, TX
ESTIMATED SCHEDULE OF PROJECT
It is estimated that it will take two weeks to secure all hardware necessary, and four days to
install it at each station. It is estimated this project will be complete within 45 days.
Agenda Information Sheet
April 1, 2003
Page 2
FISCAL INFORMATION
This project will be funded from Technology Services account 83001700.1355.30100.
Attachment 1:
Attachment 2:
1-ALS- File 3005
Proposal from DFW Communications
QISV Certification Letter
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
DFW Communications Inc.
Attachment 1
Denton Fire Department
Tim Smith
Denton IT Department
Denton, Texas
3-3-2003
Mr. Smith,
This document serves as DFW Communications Inc.'s response to the proposal request for the
upgrade of the cities remaining 5 fire station sound systems. The upgrades performed will correct existing
audio and Amplifier problems at each fire station such as improved audio quality in the apparatus bay
areas. The upgrades performed will include the installation of industrial grade sound system equipment,
which will prepare the sound systems for future maintenance contracts.
It was discovered that the Amplifiers located at fire stations 2,3,5 and 6 are operating above 80%
rated load for the amplifiers. The audio systems will operate correctly as configured but with a shorter life
span. The proposed upgrades will consist of the installation of Bogen amplifiers and configuration modeled
after the cities new Central Fire station sound system. Bogen amplifiers will be used primarily for their
multiple priority function needed for the Cities new fire alerting and monitoring applications. The priority
levels will be as followed:
Priority 1 -- Fire alert audio. (Wire line audio from dispatch)
Priority 2 -- In-house telephone paging. (If applicable)
Priority 3 - Multi-channel fire monitoring. (Radio audio)
DFW Communications Inc. Statement of Work
Section 1
Fire station Upgrades
Fire Station #2
Fire station 2 currently has a total speaker wattage of 70 watts with an amplifier rated for 60 watts.
The installation of (2) Bass reflex speaker in the apparatus bay replacing a 30-watt horn speaker will
increase the speaker load to 150 watts. An auxiliary 60-watt amplifier will also be used due to the speaker
load being above 80% for the DMA160 as a stand-alone. The upgrade will consist of the following:
· Install Bogen DMA160 as primary amplifier.
· Install Bogen C60 auxiliary amplifier and interface to Primary amplifier.
· Interface Fire Alert wire-line audio, scanning monitor radio audio and telephone paging audio to
primary amplifier.
· Configure Primary amplifier for priority input audio levels.
· Replace speaker cabling with commercial grade audio cable if applicable.
· Install two bass reflex speakers in apparatus bay. This type of speaker provides less treble and
more bass that reduces echo in large bay areas.
· Replace all in-house ceiling speakers and tap for best audio quality.
· Replace non-standard 8-ohm cellular type speaker located in the main bathroom and install ceiling
speaker.
· Optimize system for best audio quality.
Fire Station 2,3,4,5,and6
Audio System Upgrades Price Proposal
DFW Communications Inc.
Attachment 1
Denton Fire Department
Fire Station #3
Fire station 3 has total speaker wattage of 120 watts with an amplifier rated for 100 watts. The
installation of (2) Bass reflex speaker in the apparatus bay replacing a 30-watt horn speaker will increase
the speaker load to 190 watts. The upgrade will consist of the following:
· Install Bogen DMA160 as primary amplifier.
· Install Bogen C60 auxiliary amplifier and interface to Primary amplifier.
· Interface Fire Alert wire-line audio, scanning monitor radio audio and telephone paging audio to
primary amplifier.
· Configure Primary amplifier for priority input audio levels.
· Replace speaker cabling with commercial grade audio cable if applicable.
· Install two bass reflex speakers in apparatus bay.
· Replace all in-house ceiling speakers and tap for best audio quality.
· Replace non-standard 8-ohm cellular speaker located in the equipment room and install ceiling
speaker.
· Optimize system for best audio quality.
Fire Station #4
Fire station 4 has total speaker wattage of 45 watts with an amplifier rate for 30 watts. The
installation of (2) Bass reflex speaker in the apparatus bay replacing a 30-watt horn speaker will increase
the speaker load to115 watts. The upgrade will consist of the following:
· Install Bogen DMA160 amplifier.
· Interface Fire Alert wire-line audio, scanning monitor radio audio and telephone paging audio to
primary amplifier.
· Configure Primary amplifier for priority input audio levels.
· Replace speaker cabling with commercial grade audio cable if applicable.
· Install one bass reflex speaker in apparatus bay.
· Replace all in-house speakers and tap for best audio quality.
· Optimize system for best audio quality.
Fire Station #5
Fire station 5 has total speaker wattage of 100 watts with an amplifier rating of 100 watts. The
installation of (2) Bass reflex speaker in the apparatus bay replacing a 30-watt horn speaker will increase
the speaker load to 170 watts. The upgrade will consist of the following:
· Install Bogen DMA160 as primary amplifier.
· Install and interface Bogen C60 amplifier to DMA160 for auxiliary amplifier
· Interface Fire Alert wire-line audio, scanning monitor radio audio and telephone paging audio to
primary amplifier.
· Configure Primary amplifier for priority input audio levels.
· Replace speaker cabling with commercial grade audio cable if applicable.
· Install two bass reflex speakers in apparatus bay. This type of speaker provides less treble and
more bass that reduces echo in large bay areas.
Fire Station 2,3,4,5,and6
Audio System Upgrades Price Proposal
DFW Communications Inc.
Attachment 1
Denton Fire Department
Replace all in-house ceiling speakers and tap for best audio quality.
Replace non-standard 8-ohm vehicle horn speaker located in the equipment room and install
ceiling speaker.
Fire Station #6
Fire station 6 has total speaker wattage of 110 watts with an amplifier rating of 120 watts and an
auxiliary amp of 40 watts totaling 160 watts. It was found at this site that the 40-watt amplifier has poor
audio quality and needs to be replaced. An attempt to consolidate all speakers to the primary amplifier
failed, the amplifier was operating at max power out and blew the fuse within a minute or two of audio
processing. The installation of (2) Bass reflex speaker in the apparatus bay replacing a 30-watt horn speaker
will increase the speaker load to 180 watts. The upgrade will consist of the following:
· Install Bogen DMA160 as primary amplifier.
· Install and interface Bogen C60 amplifier to DMA160 for auxiliary amplifier
· Interface Fire Alert wire-line audio, scanning monitor radio audio and telephone paging audio to
primary amplifier.
· Configure Primary amplifier for priority input audio levels.
· Replace speaker cabling with commercial grade audio cable if applicable.
· Install two bass reflex speakers in apparatus bay. This type of speaker provides less treble and
more bass that reduces echo in large bay areas.
· Replace all in-house ceiling speakers and tap for best audio quality.
· Replace non-standard 8-ohm vehicle horn speaker located in the equipment room and install
ceiling speaker.
Section 2
Labor and Materials
Description Cost
Fire Station #2 Upgrade
Fire Station #3 Upgrade
Fire Station #4 Upgrade
Fire Station #5 Upgrade
Fire Station #6 Upgrade
$ 7,342.52
$ 7,567.14
$ 5,471.85
$ 7,408.68
$ 7,349.45
Total Upgrade
$35,139.64
Any work that is required to complete this project not described in this statement of work
will be considered above the scope of this proposal and subject to re-quotation. If the proposed
work is acceptable please contact me with a purchase order and I will get the materials ordered
and the work scheduled. I can be reached at (817) 314-1472
Thank You,
Steve LePrell
Projects Department
DFW Communications Inc.
Fire Station 2,3,4,5,and6
Audio System Upgrades Price Proposal
MOTOROLA
Authorized Two- Way
Radio Dealer
Attachment 2
DFW
COMMUNICATIONS
March t 7, 2003
Mr. Tim Smith
Assistant to thc Chief of Potice
City of Denton
601 E Hickory Suite E
Denton, TX. 76205
Subject: Proposed Public Address System Up-Grades for the Denton Fire Stations
Dear Tim,
tn reference to your inquiry about DFW Communications' Q1SV pricing structure, you will find'that the
pricing proposed to you for the Denton Fire Station's Public Address System up-grades is in line with our
published QISV pricing schedule. Please let me know if you have any other requirements that i may help
with.
DFW Communications, Inc.
2120 Regency Drive Irving, Texae 75062 / 972.730.4339 / fmx 972.445.0915 ~ 2413 Gravel Drive / Fort Worth, Texas 76118 / 817.730,43391fax 817.248.8369
2001 E~ Division Suite 141 / Arlington, Texas 76011 / 817.780.4339 / fax 817.314.1477
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF PUBLIC ADDRESS
SYSTEMS FOR FIRE STATIONS AS AWARDED BY THE STATE OF TEXAS BUILDING
AND PROCUREMENT COMMISSION THROUGH THE QUALIFIED INFORMATION
SERVICE VENDOR (QISV) CATALOGUE PROGRAM; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE
3005 TO DFW COMMUNICATIONS, INC., IN AN AMOUNT NOT TO EXCEED $35,140).
WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92-
019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083
of the Texas Local Government Code which authorizes the City to participate in the State
Purchasing Building and Procurement Commission Qualified Information Service Vendor Catalogue
Purchase Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the
"QISV Catalogue"); and
WHEREAS, the herein described vendor is a qualified vendor in the QISV Catalogue and the
contract authorized by this ordinance is in the best interests of the City and complies with the
requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue
purchase; 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. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File" listed hereon, and on file in the office of the
Purchasing Agent, are hereby approved:
FILE AMOUNT NOT
NUMBER VENDOR TO EXCEED
3005 DFW Communications, Inc. $ 35,140
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building
and Procurement Commission for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums contained in the bid documents and related documents filed with the
Services Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the General Services Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
written contract is in accordance with the terms, conditions, specifications and standards contained
in the Proposal submitted to the General Services Commission, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items set forth in the
subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the approved purchase orders or pursuant to a written contract made
pursuant thereto as authorized herein.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of .,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
4-ORD-File 3005
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
April 1, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance awarding an annual comract for the purchase of fiber optic
cable, as awarded by the State of Texas Building and Procuremem Commission; providing for
the expenditure of funds therefore; and providing an effective date (File 3002 to FMS
Technologies, inc. in the amoum of $1.78 per foot for an annual estimated amoum of $180,000).
BID INFORMATION
This comract is for the acquisition of 72 pair fiber optic cable. The cable will be utilized in the
expansion of the City of DeNon fiber optic network. The price is taken from the State of Texas
Building and Procuremem Commission Comract 1-75-210-7290-400 awarded to FMS
Technologies, inc. Purchase orders will be issued as material is required.
RECOMMENDATION
We recommend that File 3002 be awarded to FMS Technologies, Inc. in the estimated amoum of
$1.78 per foot with an annual estimated amoum of $180,000.
PRINCIPAL PLACE OF BUSINESS
FMS Technologies, Inc.
Addison, Texas
ESTIMATED SCHEDULE OF PROJECT
The 72 pair fiber optic cable is available for shipmem in three weeks from receipt of a purchase
order.
FISCAL INFORMATION
Funding for this annual agreemem will be from Electric Communications accoum
60006700.1350.3970.
Agenda Information Sheet
April 1, 2003
Page 2
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Quote from FMS Technologies, Inc.
1-AlS-File 3002
Attachment 1
14677 ]Midway Road
Suite 200
Addison, TX 75001
972-954-3416 Office
972-934-0315 Fax
.l__
March 11, 2003
[larry [Iettinger
City of Denton
901 B. Texas Street
Denton, TX 76209
Revised Quantity for PO
Dear Harry,
fins Techm~gies is pleased to provide the following quotation for the Chromatic
fiber optic cable.
Quantity
16.3K~ 864JLI2-72-010X $ 1.78/ft.
(53,480 ft.) 72 fiber, self-support, singlemode
Cable Tolerance
Print Legend
Print Length
Denton Municipal Electric 940-349-8400
Optical Cable S Series SM 72F
Sequential Meter Markings every meter.
Put-Ups 1 X $ K~ Reel (26,248 ft.) 78" Reel
1 X 8.2 KM Reel (26,904 fL) 78" Reel
Delivery: 3 weeks ARO FOB: Freight Allowed
further, please let ·
y~
Thank you for the opportunity. As you know we are at this time holding a "space"
for your cable order, to ship to you as quickly as possible. We will do everything we
can continue to provide you the customer service as always. IX you need anything
klloWo
Faxed 1 page 940-349-847~
edge $olut'tons w'a~v.pns~eciLco:,t
ORDINANCE NO.
AN ORDINANCE AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF FIBER
OPTIC CABLE, AS AWARDED BY THE STATE OF TEXAS BUILDING AND
PROCUREMENT COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 3002 TO FMS
TECHNOLOGIES, INC. IN THE AMOUNT OF $1.78 PER FOOT FOR AN ANNUAL
ESTIMATED AMOUNT OF $180,000).
WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, equipmem, supplies or services in accordance with the procedures of state law on behalf
of the City of DeNon; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the General Services Commission programs at less cost than the City would expend if
bidding these items individually; 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, equipmem, 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 file for materials,
equipmem, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the
office of the Purchasing Agem, are hereby approved:
FILE
NUMBER VENDOR PRICE
3002 FMS Technologies, Inc. $1.78/fl
SECTION 2. That by the acceptance and approval of the above numbered items set forth in
the attached purchase orders, the City accepts the offer of the persons submitting the bids to the
General Services Commission for such items and agrees to purchase the materials, equipmem,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums comained in the bid documems and related documems filed with the
General Services Commission, and the purchase orders issued by the City.
SECTION 3. That should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the General Services Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract which shall be
attached hereto; provided that the written contract is in accordance with the terms, conditions, speci-
fications and standards contained in the Proposal submitted to the General Services Commission,
quantities and specified sums contained in the City's purchase orders, and related documents herein
approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items set forth in
the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in
the amount and in accordance with the approved purchase orders 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 ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-File 3002
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 1, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Joanie Housewright 349-7996
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of police uniforms; providing for the expenditure of funds therefore; and providing an
effective date (Bid 2941-Police Uniforms awarded to Direct Action Uniforms in the estimated
amount of $44,208).
BID INFORMATION
This bid is for the annual contract for the acquisition of police uniforms. Each item will be
ordered as needed throughout the year.
RECOMMENDATION
We recommend this bid be awarded to the lowest responsible bidder as listed on Exhibit "A" to
the attached Ordinance:
Items 1-12 Men's and Women's Uniform Shirts and Trousers, and Police Caps and Jackets,
awarded to Direct Action Uniforms.
The recommendation is based upon lowest overall bid meeting specification and maintaining,
uniformity, continuity, and compatibility with existing uniforms.
PRINCIPAL PLACE OF BUSINESS
Direct Action Uniforms
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of uniforms and auxiliary items are quoted to be within seven working days. This bid
contract may be extended for an additional year if agreed upon by both parties.
Agenda Information Sheet
April 1, 2003
Page 2
FISCAL INFORMATION
These items will be purchased on individual purchase orders as needed and charged to Police
Department budget account 310200.6312 or 310300.6312.
Respectfully submitted:
Attachment 1: Tabulation Sheet
1-AlS-Bid 2941 Police Uniforms
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF POLICE UNIFORMS; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2941-POLICE
UNIFORMS AWARDED TO DIRECT ACTION UNIFORMS IN THE ESTIMATED
AMOUNT OF $44,208).
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
2941 Direct Action Uniforms Exhibit "A"
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations,
Bid Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager or his designated
representative is hereby authorized to execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the Bid Proposal and related documents
herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefore 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 ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 2941
EXHIBIT A
NO. DESCRIPTION UNIT PRICE
1 Police Officer men's long sleeve shirt, zipper front w/mfg stock badge tab & collar lining $33.50
2 Police Officer men's short sleeve shirt, zipper front w/mfg stock badge tab & collar
lining $31.00
3 Police Officer women's long sleeve shirt, zipper front w/mfg stock badge tab & collar
lining $33.50
4 Police Officer women's short sleeve, zipper front w/mfg stock badge tab & collar lining $31.00
5 Civilian men's long sleeve shirt w/mfg stock badge tab & collar lining $25.80
6 Civilian men's short sleeve shirt w/mfg stock badge tab & collar lining $23.00
7 Civilian women's long sleeve shirt w/mfg stock badge tab & collar lining $25.80
8 Civilian women's short sleeve shirt w/mfg stock badge tab & collar lining $23.00
9 Men's trousers $25.80
10 Women's trousers $25.80
11 Police cap $31.00
12 Police Jacket $112.00
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
April 1, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Cary Tower 349-8424
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contact for the
purchase of a trailer mounted vacuum trailer; providing for the expenditure of funds therefore;
and providing an effective date (Bid 2958-Trailer Mounted Vacuum Trailer awarded to Witch
Equipment Co., inc. in the amount of $30,000).
BID INFORMATION
This bid is for the acquisition of a portable vacuum unit for a variety of utility related cleanup
applications, and a powerful "soft" excavating machine for digging small precisely controlled
excavations to expose buried utilities. This unit is powered by a 28 hp diesel engine, suction tool
and 800-gallon tank. The unit is mounted on an 18,000 lb GVW tandem axle trailer.
RECOMMENDATION
We recommend award of Item 2, Vacuum Trailer, to the lowest responsible bidder meeting
specification. We also recommend that bids for item 1 be rejected and rebid at a later date. The
lower priced unit bid by Vacuum Source failed to meet specifications for blower drive, drain
pan, height restrictions, and fully enclosed lockable engine compartment.
PRINCIPAL PLACE OF BUSINESS
Witch Equipment
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
The trailer mounted vacuum unit is in dealer stock and can be delivered within 10 days from
receipt of an order.
FISCAL INFORMATION
This unit will be funded from Motor Pool replacement account 810001.8535.
Agenda Information Sheet
April 1, 2003
Page 2
Attachment 1: Tabulation Sheet
1-AlS- Bid 2958
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTACT FOR
THE PURCHASE OF A TRAILER MOUNTED VACUUM TRAILER; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID
2958-TRAILER MOUNTED VACUUM TRAILER AWARDED TO WITCH EQUIPMENT CO.,
INC. IN THE AMOUNT OF $30,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 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
2958 Witch Equipment Co., Inc $30,000
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 2958
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
April 1, 2003
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Cary Tower 349-8424
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of a 3/4-ton pickup truck; providing for the expenditure of funds; and providing an
effective date (Bid 2968-3¼ Ton Truck awarded to Sam Pack's Five Star Ford in the amount of
$29,291).
BID INFORMATION
This bid is for the purchase of a 3A-ton 4-door, 4 wheel drive, diesel pickup for the Solid Waste
Landfill operation. The unit was originally bid as an extended cab truck but the 4-door was
determined to be more advantageous for the all-inclusive use of the vehicle. The 4-door
configuration will allow for easier and more efficient transportation for the Solid Waste staff. It
will also provide sufficient space for hauling tools, equipment and supplies as well as serve as a
secure, protected area for plans and specifications utilized in the landfill development process.
This new unit is a motor pool replacement for a 1993 gasoline powered 3¼ ton pickup that will be
sold at auction. The unit to be replaced has over 80,000 miles and a history of high maintenance.
The new unit is diesel powered and will qualify as a low emission vehicle.
RECOMMENDATION
We recommend this bid be awarded to the lowest responsible bidder, Sam Pack's Five Star Ford
in the amount of $29,291.
PRINCIPAL PLACE OF BUSINESS
Sam Pack's Five Star Ford
Carrollton, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of this unit can be accomplished in 60-100 days.
Agenda Information Sheet
April 1, 2003
Page 2
FISCAL INFORMATION
Funding for this vehicle will come from a combination of Motor Pool replacement funds and
Solid Waste 2002-2003 budget funds.
Motor Pool account
Solid Waste account
810001.8535 $21,200
660300.8535 $ 8,091
$29,291
Attachment 1: Tabulation sheet
1-AlS- Bid 2968
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A 3/4-TON PICKUP TRUCK; PROVIDING FOR THE EXPENDITURE OF
FUNDS; AND PROVIDING AN EFFECTIVE DATE (BID 2968-3A TON TRUCK AWARDED TO
SAM PACK'S FIVE STAR FORD IN THE AMOUNT OF $29,291).
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
2968 Sam Pack's Five Star Ford $29,291
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 2968
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
April 1, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Eva Poole 349-7735
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance awarding a contract for the purchase of furniture millwork at
the North Branch Library; providing for the expenditure of funds therefore; and providing an
effective date (Bid 2978-North Branch Library Millwork awarded to Metroplex Millworks in the
amount of $63,031).
BACKGROUND
Millwork is needed to complete the following furnishings at the North Branch Library: 1. End panels for shelving
2. Canopy tops for shelving; and
3. Picture book bins
RECOMMENDATION
We recommend this bid be awarded to the lowest responsible bidder, Metroplex Millworks at a
cost of $63,031.
PRINCIPAL PLACE OF BUSINESS
Metroplex Millworks
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
Millwork will be installed during the month of May, 2003
FISCAL INFORMATION
Funding for the millwork detail is available in the CIP bond funds for the North Branch Library
Project account number 10005703.1365.40100.
Agenda Information Sheet
April 1, 2003
Page 2
Attachment 1: Tabulation Sheet
1-AlS- Bid 2978
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
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ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF FURNITURE
MILLWORK AT THE NORTH BRANCH LIBRARY; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2978-NORTH
BRANCH LIBRARY MILLWORK AWARDED TO METROPLEX MILLWORKS IN THE
AMOUNT OF $63,031).
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
2978 Metroplex Millworks $63,031
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD-Bid 2978
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 1, 2003
Fiscal and Municipal Services
Kathy DuBose, Fiscal and Municipal Services
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 2002. Based on information obtained from the Federal Bureau of Labor Statistics,
the PUC has determined that one half the annual change in CPi for 2002 is 0.64%. if a
city desires to decline the increase in access line rates, it must respond by April 30, 2003.
The city must indicate its desired rates, which cannot exceed the new CPi-Adjusted
Maximum rate. The new rate, if approved, will go imo effect no later than July 1, 2003.
The next opportunity to adjust a city's access line rates is September 1, 2003.
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)
As a result of changes in legislation, on November 16, 1999, City Council approved a
resolution authorizing the Public Utility Commission to calculate and set the access line
rates that determined the allocation due to the City of Denton.
On March 28, 2000, City Council approved a resolution authorizing the Public Utility
Commission to implement the access line rates the City of Denton is authorized to charge
Agenda Information Sheet
April 1, 2003
Page 2
Certificated Telecommunication Providers for use of its rights-of-way and exempting
Lifeline customers from the access line fees.
Under the new legislation, the PUC is required to do an adjustment to the access line
rates annually. The last CPI rate adjustment was approved by Council on April 9, 2002.
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
$1.37 $1.38
$3.14 $3.17
$4.78 $4.82
Respectfully submitted:
Anna Mosqueda
Director of Management & Budget
S:\Our D ocmm ent s~es olurion s\03 ~PUC mljusted Rare 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 all)cation formula of
$1.37 for residential access lines, $3.14 for non-residemial access lines and $4.78 for point-to-
point access lines or to set the access line rate at the new CP]gadjusted Maximum Rate of $1.38
for residemial access lines, $3.17 for nm-residemial access lines and $4.82 for point-to-poim
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 DeNon 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 CP[adjusted Maximum Rate of
$1.38 for residential access lines, $3.17 for non-residemial access lines and $4.82 for point-to-
poim access lines in order for The City of DeNon 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 ,2003.
EULiNE BROCK, MAYOR
S:\Our D ocmm ent s~Res olurion s\03 ~PUC mljusted Rare Resolution.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
1701 N. Congress Ave., PO Box 13326, Austin, TX 78711-3326
2003 CONSUMER PRICE INDEX ADJUSTMENT TO MUNICIPAL
TELECOMMUNICATIONS RIGHT-OF-WAY ACCESS LINE RATES
March 12, 2003
PURPOSE
This letter is to notify you that your city's maximum access line rates have increased due to inflation. You
are requested to notify the Public Utility Commission (PUC) of your desired rates as explained below.
BACKGROUND
Pursuant to Chapter 283 of the Local Government Code (House Bill 1777), the Texas PUC is required
to adjust the maximum access line rates for your city by an amount equal to one-half the annual change
in the Consumer Price Index (CPI) for the year 2002.
DEFAULT INCREASE IN RATES FOR 2003
Your default rate for CPI adjustments in this year (i.e. 2003) for your city will be determined based on
choices made by your city in April 2002. According to our records, when similar CPI adjustments
were made in April 2002, your city chose the MAXIMUM allowable CPI-adjusted rates. Therefore,
your 2003 rates will default to 2003 CPI-adjusted maximum access line rates. As a result, your city's
rates will increase by 0.64%. You have the option to decline this increase in rates by taking the action
explained below.
ACTION BY CITY
(1) You do not have to respond to accept the CPI-adjusted maximum access line rates shown on Section
2 of page 2. (2) Respond ONLY if you want to DECLINE the increase in access line rates. To decline,
notify the PUC using page 2 of this letter no later than April 30. (3) The PUC does not require City
council authorization; however if your city charter requires it, please do so immediately. (4) Verify your
contact information and highlight any changes. (5) Make a copy of this document.
WHAT HAPPENS IF A CITY DOES NOT RESPOND BY APRIL 30, 2003.
If your city does not respond by April 30, 2003, the rates for your city will increase and default to the
rates shown in Section 2 of page 2. The next opportunity to adjust your rates is September 1, 2003.
WHAT HAPPENS NEXT
The PUC will notify telephone carriers of your desired rates. Carriers will start implementing and
compensating cities using these new rates no later than July 1, 2003.
FUTURE REVISIONS TO CPI
The access line rates will be revised annually in March depending on whether the CPI changes for the
previous year. If the CPI changes for the year 2003, you will receive a similar letter in March 2004.
City of Denton
Section 1: Your 2002 City Preferred Access Line Rates (maximum rates) are as follows:
Residential $1.37 Non_Residential $3.14 Point-to-Point $4.78
Section 2: Your 2003 CPI Adjusted Maximum Access Line Rates (default rates for 2003) are
as follows:
Residential $1.38 Non_Residential $3.17 Point_to_point $4.82
To decline the rates in Section 2 above, notify the PUC by completing the section below. You can
mail or fax this page to the PUC. To accept rates in Section 2, no action is required.
I , Title , am an authOrized representative for
the City/Town/Village of . The City declines to accept the default rates
indicated in Section 2 above. The rates desired by my city are as follows:
Residential ;Non-Residential ; Point to Point
Date: Signature:
Other Comments:
HOW TO RESPOND
Mail: Garnet Elkins
Public Utility Commission of Texas
1701 North Congress Avenue
P.O. Box 13326,
Austin, Texas 78711
OR FAX TO Garnet Elkins at: (512) 936-7328
INQUIRIES
Inquiries only. Not for sending your response.
HB 1777 @ puc.state.tx.us
Phone No: 512- 936-7322
CITY CONTACT INFORMATION
Please notify us if the contact information we have on file for your city has changed. Thank you.
Phone No. 9403497283
Phone No. 2 9403498320
Fax No: 9403497206
Emaih Antonio. Puente @ cityo
Address
Antonio Puente, Jr.
or current city official responsible for right-of-way issues
City of Denton
215 E. McKinney
Denton
TX 76201
AGENDA INFORMATION SHEET
AGENDA DATE: April 1, 2003
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJEC.~.....~T: Consider the approval of an ordinance approving the placement of an approximate
3.13 acre tract owned by Denton Municipal Electric for an electric substation, for bid respecting
the development of a non-drilling/pooling agreement with a gas developer; and providing an
effective date.
BACKGROUND: There are several legal issues that arise when leasing Oil and Gas mineral
interests by a city. Chapter 71 of the Texas Natural Resources Code requires that notice be given
and a public hearing held for consideration of bids. A city may award the lease to the highest
and best bidder who submits a bid or reject all bids and re-advertise for additional bids. The bid
documents will allow for alternative bids for a 40 acre spacing pooling unit. The bid documents
have been considered by the PUB Board and their suggestions have been incorporated. Minutes
are attached.
OPTIONS
1.
2.
The City Council may adopt the ordinance.
The City Council may decline to adopt an ordinance on this issue and direct the
staff to amend the documentation as written.
,' FISCAL IMPACT The City will receive a bonus and royalty payments.
RECOMMENDATION Staff recommends approval.
Respectfully submitted:
Herbert L. Prouty
City Attorney
S:\Our DocumentskFORMSkAIS Bid G~s Developmem-DME.doc
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DRAFT
PUBLIC UTILITIES BOARD MEETING MINUTES
MARCH 17, 2003
9:00 A. M.
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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, February 17, 2003
at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
PRESENT:
George Hopkins, Dick Norton, Charldean Newell, Don White, Bill Cheek,
Dick Smith and Rob Rayner
EX OFFICIO MEMBERS
Howard Martin, ACM/Utilities
Chairman Charldean Newell welcomed new Board Member Rob Rayner.
CONSENT AGENDA:
1)
Consider approval of placing the approximate 3.13 acre tract of land in the S.A. Venters
Survey, Abstract No. 1315, owned by Denton Municipal Electric for an electric substation,
for bid respecting the development of a non-drilling/pooling agreement with a gas
developer.
Board Member Bill Cheek requested that Consent Agenda Item #1 be pulled for discussion.
ITEMS FOR INDIVIDUAL CONSIDERATION:
1)
Consider approval of placing the approximate 3.13 acre tract of land in the S.A. Venters
Survey, Abstract No. 1315, owned by Denton Municipal Electric for an electric substation,
for bid respecting the development of a non-drilling/pooling agreement with a gas
developer.
This item involves a potential gas developer who has requested that Denton Municipal Electric
(DME) be included in a non-drilling/pooling agreement that would include adjoining landowners.
The lease would state that no surface or drilling operations take place on a DME tract and there
would be no directional or horizontal drilling beneath the DME tract.
It is possible for the potential developer, regarding the DME substation tract, to circumvent
Denton by filing an appropriate motion with the Texas Railroad Commission to waive the spacing
requirements. DME understands that dealing with Denton is preferable to the developer because
of the time factor needed with the Texas Railroad Commission.
Page 1 of 2
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The City of Denton previously retained the firm of Strasburger & Price, LLP, to assist in
formulating precise bid documents and to review leases. They reviewed similar leases proposed
by another party on acreage in South Lake Park.
Legal council has adopted certain lease criteria for use in a bid package, including without
limitation, a minimum amount of bonus per acre, a minimum royalty percentage, covenants
regarding the use of the subject property for pooling purposes (with no drilling), as well as a
number of additional requirements.
Ed Snyder, Deputy City Attorney, was present to answer the Board's questions regarding this
item.
Newell asked for the definition of pooling as it relates to non-drilling. Snyder explained that a gas
developer could not come onto the property to extract gas. Board Member Bill Cheek explained
that the Railroad Commission has a requirement of forty acres for a well site and you cannot drill
more than one well per forty-acre site. He also stated that the minimum royalty for this area is
approximately 25%. Michael Copeland, Utilities Attorney, informed the Board that the City had
already received a generous bid, which included a proposal for 25% of the royalties.
Board Member Dick Smith strongly recommended that, although the document is a pooling lease,
the bid include specifications stating there would be no equipment or roads built on City property.
Copeland and Snyder both assured Smith that there would be a clause addressing those issues.
Board Member Don White moved to approve placing the land up for bid, which should
include the aforementioned recommendations, with a second from George Hopkins. The
motion was approve by a vote of 7-0.
Page 2 of 2
L:~April 1, 2003\Backup\Bid Gas Development\Ord Bid Gas Development-DME.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE PLACEMENT
OF AN APPROXIMATE 3.13 ACRE TRACT OWNED BY DENTON MUNICIPAL
ELECTRIC FOR AN ELECTRIC SUBSTATION, FOR BID RESPECTING THE
DEVELOPMENT OF A NON-DRILLING/POOLING AGREEMENT WITH A GAS
DEVELOPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 71.005(a) of the Texas Natural Resources Code, the
City Council of The City of DeNon has determined that it is advisable to lease the sul>surfaces
of an approximate 3.13 acre tract of land in the S.A. Venters Survey, Abstract No. 1315, owned
by Denton Municipal Electric for an electric substation for bid respecting the development of a
non-drilling/pooling agreemem with a gas developer.; and
WHEREAS, the City Council desires to authorize the City Manager or his designee to
bid the sub-surface mineral imerests for a Nondrilling/Pooling Agreements on the 3.13 acre tract
of land according to law. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings comained in the preamble of this ordinance are incorporated
imo the body of this ordinance.
SECTION 2. Pursuant to Chapter 71 of the Texas Natural Resources Code, the City
Council hereby authorizes the advertisemem for aNon-Drilling, Paid-Up Pooling Agreemem for
Oil and Gas Lease Agreemems for the 3.13 acre tract of land in the S.A. Vetoers Survey,
Abstract No. 1315 within the City of DeNon, Texas.
SECTION 3. This ordinance shall become effective immediately upon iS passage and
approval.
PASSED AND APPROVED this the
__ day of ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
April 1, 2003
Parks and Recreation Department
Howard Martin, 349-8232 ~
SUBJECT
Consider approval of a resolution allowing Nopales Hacienda Restaurant to be the sole
participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May
3, 2003, upon certain conditions; authorizing the City Manager or his designee to execute
an agreement in conformity with this resolution; and providing for an effective date.
BACKGROUND
The Cinco de Mayo Committee, made up of community volunteers and City staff voted
for the sixth consecutive year to support the sale of alcohol at the event, allowing Nopales
Hacienda Restaurant to be the sole proprietor of this product. Nopales Hacienda
Restaurant will be responsible for rental of the booth space, obtaining the temporary
license, and securing the temporary permit. A percentage of the proceeds from the sale
will support further Cinco de Mayo Celebration events.
The annual Cinco de Mayo Celebration event is a Hispanic cultural festival, co-sponsored
by the City of Denton, Parks and Recreation Department. It is held in Civic Center Park
and includes a parade, local vendors, children's activities, entertainment and an evening
dance. The free daytime event runs from 10:00 a.m. - 6:00 p.m. A dance is held in the
Civic Center from 8:00 p.m. - 1:00 a.m., where an admission price is charged.
The event continues to experience growth each year in community participation through
local vendors and entertainment. Last year's event hosted around 6,000 participants with
60 vendors and two entertainment stages. This would be the sixth year that alcohol will
be sold at this event. This year Ben E. Keith and Miller Beer of Denton are community
sponsors.
OPTIONS
Council options include the approval or denial of the ordinance and agreement as
submitted. Council may also opt to modify the agreement to include additional or
modified requirements.
RECOMMENDATION
Staff recommends approval of' the ordinance and agreement as submitted, which is
consistent with agreements with other co-sponsored events, such as the Denton Arts &
Jazz Festival.
ESTIMATED SCHEDULE OF PROJECT
The Cinco de Mayo Celebration is May 3, 2003, from 10:00 a.m. - 6:00 p.m. A dance is
held in the Civic Center from 8:00 p.m. - 1:00 a.m. The sale of` alcohol will be limited to
the daytime event.
PRIOR ACTION/REVIEW
At the March 24, 2003, meeting the Parks and Recreation Board recommended approval
of this item.
FISCAL INFORMATION
This action has no impact on the City's General Fund budget. All costs and revenue from
this action will be solely the responsibility of`the Nopales Hacienda Restaurant.
BID INFORMATION
Not applicable
EXHIBITS
1. Resolution
2. Contract
3. Parks Board Minutes of`March 24, 2003
RESPECTFULLY SUBMITTED:
Prepared by:
Janie McLeod, Administrative Assistant
Parks and Recreation Department
Ed Hodney, Director
Parks and Recreation Department
S:\Our Documents\Resolutions\03\Cinco De Mayo alcohol sell.doc
RESOLUTION NO.
A RESOLUTION ALLOWING NOPALES HACIENDA RESTAURANT TO BE THE SOLE
PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CiNCO DE
MAYO CELEBRATION ON MAY 3, 2003, UPON CERTAIN CONDITIONS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN
AGREEMENT iN CONFORMITY WITH THIS RESOLUTION; AND PROViDiNG FOR AN
EFFECTIVE DATE.
WHEREAS, the City of DeNon ("City") is the owner of the Civic CeNer Park and
through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the
Civic Center Park;
WHEREAS, the consumption of alcoholic beverages is allowed in the Civic CeNer Park
pursuant to City of DeNon Code, §22-32 (b);
WHEREAS, the City Council finds that it is in the public iNerest to select only one
vendor of alcoholic beverages at the Cinco De Mayo Celebration; and
WHEREAS, Gricelda Samano doing business as Nopales Hacienda Restaurant (called
"Nopales") has requested that they be sole participant allowed to sell alcoholic beverages at this
year's Cinco De Mayo Celebration on May 3, 2003; and
WHEREAS, the Parks and Recreation Board has recommended that Nopales be the sole
participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; and
WHEREAS, the City agrees with the recommendation of the Parks and Recreation
Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. Nopales shall be the sole participant allowed to sell alcoholic beverages at
the Cinco De Mayo Celebration on May 3, 2003 at the Civic CeNer Park upon the following
conditions:
They shall be responsible for renal of any booth space
necessary;
They shall be responsible to obtain the temporary license and
permit for selling alcoholic beverages approved by appropriate
state agency;
They shall provide the security necessary for the sale of alcoholic
beverages;
They shall provide general comprehensive liability insurance from
a responsible carrier, with the City as an additional insured, in the
amount of $500,000.00.
EXHIBIT 1
Agrees to indemnify the City of Demon against any liability
incidem to the selling of alcoholic beverages at the Cinco De Mayo
Celebration.
SECTION 2. The City Manager or his designee is authorized to execute an agreemem in
conformity with this resolution, which shall be substantially in the form of the agreemem
attached hereto and made a part hereof by reference.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documents\Contracts\03\Cinco De Mayo Contract 2003.doc
STATE OF TEXAS
COUNTY OF DENTON
This Agreement, made this __
CIVIC CENTER AGREEMENT FOR
THE CINCO DE MAYO CELEBRATION
day of ,2003, by and between the
City of Demon, a municipal corporation, hereinafter referred to as the "CITY' and Gricelda
Samano doing business as Nopales Hacienda Restaurant (called "Nopales").
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to NOPALES the exclusive privilege to sell alcoholic beverages, subject
to the exceptions and conditions hereinafter set forth, for the Cinco De Mayo celebration on May
3, 2003 to be held at the Civic Center Park. Attached hereto and made a part hera)f by is a copy
of the resolution passed by the City Council of Demon, Texas authorizing this privilege. This
privilege does not extend beyond the date of the Cinco De Mayo celebration set for the year
2003.
ARTICLE 2
SCOPE OF SERVICES
NOPALES in order to exercise the privilege to sell alcoholic beverages must perform the
following:
NOPALES shall be solely responsible for the rental and paymem for any booth space
necessary for the sale of alcoholic beverages at the Cinco De Mayo Celebration.
NOPALES shall be solely responsible to obtain any temporary license and permit
necessary for the selling of alcoholic beverages at the Cinco De Mayo Celebration.
NOPALES shall be solely responsible for the obtaining and paying for any security
necessary for their sale of alcoholic beverages at the Cinco De Mayo Celebration.
NOPALES's failure to do any of the above and to show proper proof of compliance shall
waive their right to exercise the privilege of selling alcoholic beverages at the Cinco De
Mayo Celebration.
ARTICLE 3
LOCAL RULES AND REGULATION
NOPALES agrees to abide by all municipal, county, state and federal laws, ordinances,
rules and regulations and specifically, without limitation, the Denton Civic Center Rules and
Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to
comply with the requirements of any duly authorized person acting in connection therewith.
NOPALES shall pay all taxes, if any, of every nature and description arising out of or in any
manner connected with the sale of alcoholic beverages.
NOPALES will exercise reasonable care and due diligence in their sale of alcoholic
beverages at the Cinco De Mayo Celebration.
ARTICLE 4
INDEMNITY AGREEMENT
NOPALES shall indemnify and save and hold harmless the CITY and its officers,
agents, and employees from and against any and all liability, claims, demands, losses, and
expenses, including but not limited to, court costs and reasonable attorney fees incurred by the
CITY, and including, without limitation, damages for bodily and personal injury, death and
property damage, resulting from the negligent acts or omissions of NOPALES or it officers,
shareholders, agents, or employees in the execution, operation, or performance of this
Agreement.
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 parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyore not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, NOPALES 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 Carders of at
least an A- or above:
Comprehensive General Liability Insurance with bodily injury limits of rot less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less that $100,000 for each occurrence and not less than
$100,000 in the aggregate.
NOPALES 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, and shall contain a provision that such insurance
Cinco De Mayo Celebration Agreement- Page 2
shall not be canceled or modified without written notice to the CiTY and NOPALES. In
such event, NOPALES shall, prior to the effective date of the change or cancellation,
serve substitute policies furnishing the same coverage.
ARTICLE 6
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 to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To NOPALES:
To CITY:
NOPALES FOOD AND BEVERAGE:
Gricelda Samano
1507 Eagle Drive
Denton, Texas 76205
(940) 591-1226
CITY OF DENTON:
City Manager
215 E. McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE 7
ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages and__ exhibits, 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 8
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 parties 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.
Cinco De Mayo Celebration Agreement- Page 3
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, NOPALES shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICLE 10
PERSONNEL
NOPALES represents that it has or will secure, at its own expense, all personnel required
to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations with the CITY.
ARTICLE 11
ASSIGNABILITY
NOPALES 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.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained 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 and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE 13
MISCELLANEOUS
The following exhibits are attached to and made a part of this Agreement: (list exhibits)
Exhibit "A" Resolution No.
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
Cinco De Mayo Celebration Agreement- Page 4
IN WITNESS HEREOF, the City of Demon, Texas has caused this Agreemem to be
execmed by its duly authorized City Manager, and NOPALES has executed this Agreemem
through its duly authorized undersigned officer on this the day of ,
2003.
CITY OF DENTON, TEXAS
MICHAEL A. CONDUFF, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
NOPALES FOOD AND BEVERAGE:
BY:
GRICELDA SAMANO
WITNE S S:
BY:
Cinco De Mayo Celebration Agreement- Page 5
Parks, Recreation and Beautification Board
Minutes
March 24, 2003
DRAFT
Members present: Don Edwards, Cassandra Berry, Teresa Andress, Brandon Barnes, and Dale
Yeatts. Staff`present: Ed Hodney, Janet Simpson, Emerson Vorel, Bob Tickner, John Whitmore, Janie
McLeod, Lancine Bentley, Robert Hall, Catherine Morello, and Nerissa Brisco.
Others present: Jackie San Miguel, Co-chair of the Cinco de Mayo committee.
Awards and RecognMon - Robert Hall, Catherine Morello and Nerissa Brisco were introduced to
the Board as our new staff` members or as having been promoted to a manager's position. The Board
was given a brief summary of each person responsibility.
Approval of Minutes from February 24, 2003. Dale made a motion to approve the minutes and
Brandon seconded the motion. It passed unanimously.
ACTION ITEMS
Nopales Hacienda to be Allowed to Sell Alcoholic Beverages at Cinco de Mayo. Janie informed
the Board that Cinco de Mayo Celebration would be held May 3, 2003, in the Civic Center Park. She
introduced Jackie San Miguel, co-chair of the committee. Jackie requested the Board to approve the
committee's request to allow Nopales Hacienda Restaurant to sell alcoholic beverages at the event.
Jackie told the Board that there had not been any previous p:oblems and that is continues to be a
successful family event.
Brandon made a motion to approve the committee's request and Cassandra seconded the motion. The
motion passed unanimously.
Discussion Items
Briefing on ASAS - John
Budget Reductions - Ed
Director's Report
Fees at Aquatic Center - John Project Status Report
Keep Denton Beautiful Report - Memo from HHW
Other Items
Items for Next Meeting
Adjourn
DRAFT
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 1, 2003
Planning and Developmem Departmem
Dave Hill, 349-8314
SUBJECT- Z03-0006 (Sherman Crossing)
Hold a public hearing and consider adoption of an ordinance rezoning approximately 9.4 acres.
The rezoning consists of approximately 4.7 acres from Neighborhood Residemial Mixed Use
(NRMU) to Neighborhood Residemial 6 (NR-6) and approximately 4.7 acres from
Neighborhood Residemial 6 (NR-6) to Neighborhood Residemial Mixed Use (NRMU). The
property commonly known as Sherman Crossing is generally located south of Loop 288, west of
Sherman Drive and north of Hercules. Single-family residemial and commercial uses are
proposed. The Planning and Zoning Commission recommends approval. (6-0).
BACKGROUND
Applicam: Sherman County Inc. DeNon, Texas
The applicant has submitted an application to allow for an exchange of approximately 4.7 acres
of NRMU property for approximately 4.7 acres of NR-6 property. The relocation of NRMU to
Sherman Drive allows for street frontage appropriate for commercial development. The interior
property exchange to NR-6 allows more for single-family developmem to be constructed on
local streets. Staff has no objections to this proposal.
Public notification and property owner responses are provided in Attachmem 3. As of this date
staff has received no responses in favor or in opposition from property owners within 200 feet of
the subject site and one favorable response from the subject property owner.
A simple majority approval will be required at City Council since no opposition to the proposal
exists.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommended approval (6-0, Holt absem).
ESTIMATED PROJECT SCHEDULE
The subject property is not platted. Property will be required to be platted prior to any
development.
PRIOR ACTION/REVIEW
The following is a chronology of Z03-0006, commonly known as Sherman Crossing:
Sherman Crossing pre-design submitted in May 2002. A General Development Plan submitted
for Sherman Crossing November 2002. The case is still active and pending revisions. A future
zoning request allows for an additional Commercial Mixed Use General (CMG) pad site along
Sherman Drive.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification
4. Minutes from March 12 Planning and Zoning Meeting
5. Draft Ordinance and Exhibits
Prepared by:
Autumn Speer
Planner I
Respectfully submitted:
Larry Reichhart, RLA, AICP
Assistant Director of Planning and
Development
ATTACHMENT 1
Staff Analysis
Summary of Zoning Request
The applicant is requesting the rezoning of approximately 4.7 acres from Neighborhood
Residemial Mixed Use (NRMU) to Neighborhood Residemial 6 (NR-6) and approximately 4.7
acres from Neighborhood Residemial 6 (NR-6) to Neighborhood Residemial Mixed Use
(NRMU). Single-family residemial and commercial uses are proposed. The requested zoning
change would allow the applicam to use the existing residence for multi family apartmems and
restaurant use on the lower floor.
Existing Condition of Property
Property History. February 20, 2002 - The subject property was placed in the Neighborhood
Residemial 6 (NR-6) and Neighborhood Residemial Mixed Use (NRMU) zoning district and
land use classification by Ordinance 2002-040.
Prior to the adoption of the Developmem Code, the property was zoned Agricultural (A).
The subject property is curremly vacam.
Adjacem zoning:
North: Neighborhood Residemial Mixed Use (NRMU) zoning district - vacant/future
multi-family, and retail cemer
South: Neighborhood Residemial 6 (NR-6) zoning district - vacant/future single-family
East: Community Mixed Use General (CM-G) - vacam
West: Neighborhood Residemial 6 (NR-6) zoning district - vacant/future single-family
Comprehensive Plan Analysis
The subject site is located within the "Neighborhood Centers" future land use area. These
areas may develop in convemional patterns or may be developed in a pattern of 'neighborhood
centers'. Neighborhood cemers are oriemed inwardly, focusing on the cemer of the
neighborhood and comaining facilities vital to the day-to-day activity of the neighborhood. A
neighborhood center might contain a convenience store, small restaurant, personal service shops,
church or synagogue, daycare, individual office space, a small park and perhaps an elememary
school.
The DeNon Plan idemifies the following Primary Residemial Land Use Principles:
Preserve Neighborhoods: The preservation of existing and future neighborhoods can be
achieved by demanding and establishing design and construction standards that are fair and
evenly applied. (page 35)
Promote a Diverse Housing Stock: The residential component of the Land Use Plan allows all
types of people to live in DeNon by allowing a variety of housing types, sizes and prices. The
housing stock should reflect the demographics and economic structure of the community. (page
35)
Limit Sprawl: The residemial componem of the Land Use Plan should guide developmem
patterns that limit sprawl, accommodates projected housing demand, and allows quality high
density developmem where it is close to jobs, shopping, schools and transit. (page 35)
New developmem under the proposed zoning will be compatible with the existing uses and
zoning of the surrounding properties at this time. The relocation of NRMU zoning onto Sherman
drive allows for street frontage more appropriate for commercial development. The interior
property exchange to NR-6 allows for the expansion of the planned single-family developmem.
Staff Findings
The proposed zoning change is compatible with The DeNon Plan and surrounding land uses.
Staff Recommendation
Based on the above finding staff recommends approval for the proposed zoning change.
ATTACHMENT 2
Current Zoning Map
NORTH
Proposed Zoning Map
Public Notification Map
NORTH
Limits of 200'
Notification
Limits of
500' Notificatio
Scale: None
Public Notification Date: February 28, 2003
200' Legal Notices* sent via Certified Mail:
Number of responses to 200' Legal Notice
· In Opposition: 0
· In Favor: 1
· Neutral: 0
Percent of land within 200' in opposition: 0 %
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
Property Owner Responses
Ed Wolski
2436 1-35E
Denton, Texas
Favor
~A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201
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Page 53
COMMISSIONER APPLE: Moving on to Item
No. 9 which is also a public heating. Autumn Speer with
the City staff will present. I'll open the public
hearing.
MS. SPEER: Good evening again,
Conunissioners. Agenda Item No. 9 concerns a request for
a rezoning of approximately 9.4 acres in the Sherman
Crossing Addition. The applicant has submitted an
application to allow for an exchange of approximately 4.34
acres of NRMU property for approximately five acres of
NR-6 property.
As you can see if you look on the board,
that outline of the NRMU property and the NR-6, what they
are proposing to do is flip those so the NRMU property has
access to Sherman Drive and the ~R-6 is more interior to
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11
12
13
14
15
Page 55
COMMISSIONER APPLE: We have a motion and a
second to approve. Any discussion? Hearing none, vote
please. Motion carries 6-0.
That completes all our Agenda items. Are
there any items for future business? The meeting is
adjourned.
(Meeting adjourned.)
the whole site.
The Comprehensive Plan does not change at
all. Staff f~ls that this exchanging of the zoning is
more appropriate for the site and we do recomrnend
approval.
COMMISSIONER APPLE: Thank you. Does the
applicant wish to present? MS. SPEER: Yes.
COMMISSIONER APPLE: Thank you.
16
17
18
19
20
21
23
24
MR. SMITH: Madam Chairman, members of the
Page 54i
Commission, my name is Randall Smith, 829 Tealwood Circle,
Flower Mound, 75028. I represent the applicant. I don't
really have anything else to add to what staff presented.
If you've got any questions, I'i1 be happy to answer them.
We would request your approval. Thank you.
COMMISSIONER APPLE: Thank you.
COMMISSIONER POWELL: A question of the
applicant.
COMMISSIONER APPLE: colmnissioner Powc]l.
COMMISSIONER POWELL: That gentleman
sitting behind you, is he with you?
MR. SMITH: which gentlemen is that?
COMMISSIONER POWELL: The one in the tie.
MR. SMITH: I think he's an interested
party.
COMMISSIONER POWELL: He is, huh? That
might influence my vote. Just joking. Just a joke here.
He's just an old friend I haven't seen in years,
COMMISSIONER APPLE: Th~t'g are nO
questions. Thank you, Is them anyone in the audience
who wishes to address this item? Seeing no one coming
forward, i'll close the public hearing. Commissioner
Johnson.
COMMISSIONER JOHNSON: I'll move approval.
COMMISSIONER MULROY: second.
25
PLANNING AND ZONING COMMISSION MARCH 12, 2003 Page 53 - Page 55
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROViDiNG FOR A ZONING
CHANGE OF APPROXIMATELY 9.4 ACRES. THE REZONING CONSISTS OF
APPROXIMATELY 4.7 ACRES FROM NEIGHBORHOOD RESIDENTIAL MIXED USE
(NRMU) TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) AND APPROXIMATELY 4.760
ACRES FROM NEIGHBORHOOD RESiDENTiAL 6 (NR-6) TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) OF LAND, COMMONLY KNOWN AS SHERMAN
CROSSING AND BEING GENERALLY LOCATED APPROXIMATELY 750 FEET SOUTH
WEST OF THE INTERSECTION OF LOOP 288 AND SHERMAN DRIVE AND
APPROXIMATELY 400 FEET NORTH OF HERCULES IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, A SEVERABiLiTY CLAUSE AND AN EFFECTIVE
DATE. (Z03-0006)
WHEREAS, Sherman County inc. has applied for a change in zoning for approximately 9.4
acres of land commonly known as a portion of Sherman Crossing with approximately 4.760 acres of
land more particularly described in Exhibit "A" attached hereto and made a part hereof by reference
(the "4.760 Acre Tract") being changed from Neighborhood Residential 6 (NR-6) to Neighborhood
Residential Mixed Use (NRMU) and approximately 4.7 acres of land more particularly described in
Exhibit "B" attached hereto and made a part hereof by reference (the "4.7 Acre Tract") being
changed from Neighborhood Residential Mixed Use (NRMU) to Neighborhood Residential 6 (NR-
6); and
WHEREAS, on March 12, 2003, the Planning and Zoning Commission recommended
approval of the requested change in zoning; 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 zoning district classification and use designation for the 4.760 Acre Tract
is hereby changed from Neighborhood Residential 6 (NR-6) to Neighborhood Residential Mixed Use
(NRMU). The zoning district classification and use designation for the 4.7 Acre Tract is hereby
changed from Neighborhood Residential Mixed Use (NRMU) to Neighborhood Residential 6 (NR-
6). Notwithstanding the descriptions contained in Exhibits A and B, the zonings approved by this
ordinance extend to the center lines of any adjacent streets.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Demon Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the __ day of
,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
63-1~-03P03:38 RCV~
Metes and Bounds Description
4.760 Acres
From Neighborhood Residential - 6
To Neighborhood Residential Mixed Use
S. McCracken Survey, Abstract No. 817
City of Denton, Denton County, Texas
BEiNG a tract of land situated in the S. McCraeken Survey, Abstract No, 817, in the City
of Denton, Denton County, Texas, and being a portion of a called 0.99-acre tract of land
conveyed to Craig P. Moore, Trustee, as evidenced in a Warranty Deed recorded in
County Clerk's File No. 02-R01230 and a portion of a called 60.37~acre tract of land
conveyed to Craig P. Moore, Trustee, as evidenced in a Warranty Deed recorded in
County, Clerk's File No. 02-R0123063, both in the Real Property Records of Denton
County, Texas (R.P.R.D.C.T.), said tract being more particularly described by metes and
bounds as follows:
COMMENCING at the intersection of the southerly right-of-way line of State Highway
Loop 288 (a variable width right-of-way) with the northwesterly right-of-way line of
Sherman Drive (135' right-of-way);
THENCE South 31°34'17'' West, along the northwesterly fight-of-way line of said
Sherman drive, a distance of 129.57 feet to a comer;
THENCE South 29°39'51" West, continuing along the northwesterly right-of-way line of
Sherman Drive, a distance of 639.31 feet to the POiNT OF BEGINNiNG;
THENCE South 29o39'52'' West, continuing along the northwesterly right-of-way line of
Sherman Drive and along the southeasterly line of a called 4.760 acre tract of land, a
distance of 478.18 feet to a comer;
THENCE North 60°20'4i'' West, departing said northwesterly fight-of-way line of
Sherman Drive, a distance of 529.95 feet to a comer;
THENCE North 07010'39'' East, a distance of 192.19 feet to a comer;
THENCE North 1 t°09'47'' East, a distance of 71.94 feet to a comer;
THENCE North 07010'39'' East, a distance of 43.57 feet to a comer;
THENCE South 61003"24'' East, a distance of 245.06 feet to a point for comer;
THENCE South 85045'22TM East, a distance of 440.57 feet to the POiNT OF
BEGINNiNG and containing 4.760 acres, more or less.
THIS DOCUMENT WAS PREPARED UNDER 22TAC663.2 t, DOES NOT REFLECT
THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED
TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE
RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR
RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION
FOR WHICH IT WAS PREPARED.
Metes and Bounds Description
4.700 Acres
From Neighborhood Residential Mixed Use
To Neighborhood Residential - 6
S. McCracken Survey, Abstract No. 817
City of Denton, Denton County, Texas
BEING a tract of land situated in the S. McCracken Survey, Abstract No. 817, in the City
of Denton, Denton County, Texas, and being a portion of a called 60.37-acre tmet of land
conveyed to Craig P. Moore, Trustee, as evidenced in a Warranty Deed recorded in
County, Clerk's File No. 02-R0123063, both in the Real Property Records of Denton
County, Texas (R.P.R.D.C.T.), said tract being more particularly described by metes and
bounds as follows:
COMMENCING at the intersection of the southerly right-of-way line of State Highway
Loop 288 (a variable width right-of-way) with the northwesterly right-of-way line of
Sherman Drive (135' right-of-way);
THENCE South 31°34'17" West, along the northwesterly right-of-way line of said
Sherman Drive, a distance of 129.57 feet to a comer;
THENCE South 29°39'51" West, continuing along the northwesterly right-of-way line of
Sherman Drive, a distance of 639.31 feet to a comer;
THENCE North 85045'22'' West, departing said right-of-way line of Sherman Drive, a
distance of 440.57 feet to a comer;
THENCE North 61o03'24'' West, a distance of 245.06 feet to the POINT OF
BEGINNING;
THENCE North 61003'24'' West, a distance of9t2.11 feet to a comer;
THENCE North 02°19'08'' East, a distance of 36.53 feet to a comer, same being the
southwest comer of a called 24.38 acre tract of land conveyed to Craig P. Moore, trustee,
recorded in County Clerk document No. 02-R0123080 R.P.R.D.C.T.;
THENCE South 87035'44'' East, continuing along the south line of said 24.38 acre tract,
a distance of 507.08 feet to a comer;
THENCE South 07010'39'' West, departing the south line of said 24.38 acre tract, a
distance of 446.22 feet to the POINT OF BEGINNING and containing 4.700 acres, more
or less.
THIS DOCUMENT WAS PREPARED UNDER 22TAC663.21, DOES NOT REFLECT
THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED
TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE
RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR
RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION
FOR WHICH IT WAS PREPARED.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 1, 2003
Planning and Development Department
David Hill, 349-8314 >'''77~
SUBJECT Z03-0003 (Teasley Gas Well No 1)
Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for
a gas well site. The approximately 37 acre property is in a Neighborhood Residential Mixed Use
(NRMU) and Neighborhood Mixed Use 12 (NRMU-12) zoning district and is generally located
north of Ocean Drive approximately 1,800 feet east of Teasley Lane. Gas well drilling is
proposed.
BACKGROUND
Applicant: Jerry Stokes Colleyville, TX
The applicant has submitted a request for a Specific Use Permit (SUP) proposing one gas well on
the property. The gas well regulations allow gas well sites only with the approval of a Specific
Use Permit in the Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning districts.
Public notification and property owner responses are provided in Attachment 3. As of this
writing, staff has received three responses in favor of the request, one letter in opposition of the
request, and one response neutral to the request 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 requested Specific Use
permit for a gas well development within a Neighborhood Residential 6 (NR-6) zoning district
(5-1). (Susan Apple opposed, Vickie Holt was absent)
ESTIMATED PROJECT SCHEDULE
The property will be required to be platted prior to issuance of any permits.
PRIOR ACTION/REVIEW
The following is a chronology of Z03-0003, commonly known as Teasley Lane Gas Well No. 1:
Ordinance 2002-040, adopted February 20, 2002 placed the subject property in the
Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12
(NRMU-12) zoning districts and land use classification.
Prior to the adoption of the Development Code, the property was zoned Agricultural (A).
No Neighborhood meeting was held.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Map)
4. Owner Application
5. Planning and Zoning Commission Meeting Minutes from March 12, 2003
6. Draft Ordinance
7. Letter of Opposition
Prepared by:
Wes Morrison
Planner I
Respectfully submitted:
Larry Reichhart, RLA, AICP
Assistant Director of Planning and
Development
ATTACHMENT 1
Staff Analysis
Summary of Zoning Request
The subject property is zoned Neighborhood Residential Mixed Use and Neighborhood
Residential Mixed Use 12, and is surrounded by residential zoning districts. The applicant must
obtain the approval of a Specific Use Permit (SUP) to allow for the construction of a gas well
site. The SUP is required both in the Neighborhood Residential Mixed Use and the
Neighborhood Residential Mixed Use 12 zoning districts. The applicant is requesting the
placement of a gas well for drilling on the property.
Existing Condition of Property
The subject property is vacant. The property contains floodplain on the southernwestern border
of the site and 4.5 acres of upland habitat along the northern part of the site.
Adjacem Zoning & Land Uses:
North: Planned Developmem (PD- 176) zoning district - vacam land
South: Neighborhood Residemial 4 (NR-4) zoning district - vacam land and future single
family.
East: Planned Developmem (PD-176) -vacam land subdivided for single-family lots.
West: Neighborhood Residemial 6 (NR-6) zoning district - vacam land
No structures are located within 500 foot of the proposed gas well site.
Comprehensive Plan Analysis
The subject site is located within the "Neighborhood Centers" future land use area. These
areas may develop in convemional patterns or may be developed in a pattern of 'neighborhood
cemers'. Neighborhood cemers are oriemed inwardly, focusing on the cemer of the
neighborhood and comaining facilities vital to the day-to-day activity of the neighborhood. A
neighborhood center might contain a convenience store, small restaurant, personal service shops,
church or synagogue, daycare, individual office space, a small park and perhaps an elememary
school.
Developmem Review Analysis
Transportation
Trip Generation. After construction of the well site, no significant vehicle trips will be
generated. A TIA will not be required.
Access and Connectivity
Access to the property will be made from Teasley Lane. Teasley Lane is idemified in the
DeNon Mobility Plan as a Primary major arterial. Teasley Lane, also known as Farm-to-
Market Road 2181, is maintained by TXDOT.
Developmem Code / Zoning Analysis
The applicam has proposed the construction of a gas well site. The Neighborhood Residemial
Mixed Use and Neighborhood Mixed Use 12 zoning district allows gas well sites only with the
approval of a specific use permit. All gas well sites shall comply with the Subchapter 22 of the
Development Code that pertains to gas well drilling and production.
Section 35.6.5 of the Denton Development Code states that a Specific Use Permit shall be issued
only if all of the following conditions have been found:
1. That the specific use will be compatible with and not injurious to the use and
enjoyment of the other property nor significantly diminish or impair property
values within the immediate vicinity;
The operation of the gas well site should not diminish or impair property values in the
immediate vicinity, as the proposed location of the wellhead is emirely located on the
subject property.
2. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
It is unlikely that establishmem of this specific use will impede the normal and orderly
developmem of surrounding property.
3. The adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided;
All necessary supporting facilities will be provided.
4. The design, location and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments;
All proposed parking areas and driveways meet the requiremems of the City of DeNon.
5. That adequate nuisance preventions measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise, and vibration;
Adequate nuisance prevemion measures will be taken. With the exception of drilling the
well, no noise, odor or fumes will be produced. Subchapter 22 of the Developmem Code
addresses the issue of nuisance prevemion measures.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
Proposed lighting will not affect neighboring properties. Subchapter 22 of the
Developmem Code addresses the issue of directional lighting.
7. That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
Landscaping could be used as a screen, due to the future single-family developmem in
the area. Another option could include painting storage tanks neutral colors to blend in
with the area.
Section 35.6.6 allows the approval authority to recommend additional conditions on the
proposal to protect the public and the welfare of the community.
Staff Findings
1. The proposed use is compatible with the intent of The Denton Plan and the Denton
Development Code. The applicant has met all requirements of a Specific Use Permit.
2. The establishment of a gas well site at this location will not have any detrimental impact
on the surrounding area.
Staff Recommendation
Based on the above findings, staff recommends approval of the specific use permit with the
following conditions:
1. All property owners within 500 feet are notified twenty-four hours prior to
beginning any drilling.
2. Install a blockade style fence around the well site to create a visually appealing
screen for the site.
ATTACHMENT 2
LOCATION & ZONING MAP
NORTH
COMPREHENSIVE MAP
tq (4}~ borhoo d C:~a~'qi e¢
Scale: None
ATTACHMENT 3
Public Notification Map
NORTH
I0'
of 500'
)n
Scale: None
Public Notification Date December 28, 2002
200' Legal Notices* sent via Certified Mail:
Number of responses to 200' Legal Notice
· In Opposition: 1
· In Favor: 3
· Neutral: 1
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
Attachment 4
City of Denton Deve Iniversal Application
Please check the appropriate box be~o~lo'~nalc'aTe-T~pe of application you are requesting .and
provide all information required to process your request.
[] Annexation Petition
ID Pre-Design Meeting
j~Specific Use Permit
[] Subdivision Variance
[] Preliminary Plat
[] Replat
D Conveyance Plat
[] Dis-annexation
[] Comprehensive Plan Amendment
[] Alternative DeveJopment Plan
[] Traffic and Safety Variance
[] Final Plat
[] Planned Development Concept Plan
[] Gas Well Development Plat
r-i Release of Extra Territorial Jurisdiction (k-I'J)
[] Zoning Change
n Zoning Variance
[] Generaf Development Plan
[] Amending Plat
[] Planned Development Detailed Plan
[] DeveJopment Plat [] Vacating Plat
PROJECT iNFORMATION
Prelect Name: TEASLEY GAS WELL NO.1
Prelect Address (Location)' TEASLEY LANE AND HICKORY CREEK RD
Existing Zoning: NRMU
Proposed Zoning: NRMU
Existing Use: IMPROVED PASTURE.
Proposed Use:
Existing Comprehensive Plan Designation:
Gross Acres:
Application Requirements: The applicant is required to submit sufficient information t'hat describes and
just[ties the proposal. See appropriate checklist and tee schedule for minimum requirements. Incomplete
applications will not be processed.
APPLICANT INFORMATION
Applicant: JERRY STOKES
Address: 4304 CHIMMEY ROCK CT.
Company: MID CONTINENT GEO. INC.
Tel: 817-577-340B Fax: 817-581-2197
City: COLLEYVILLE State:TX ZIP: 76034 Email:
Property Owner: HERSCHEL V. FORESTER~ TRUSTEE
Address: 4445 ALPHA RD #116
Company:
Tel: 772-6&t 1614
Fax:
City.'., DALLAS
Key Contact: LARRY BLILIE
Address: PO BOX 507
State: TX ZIP:
75244-4507 Email:
Company: ALLIANCE AREA SURVEYING
Tel: 940-482-6723 Fax: 940-482-3680
City'.. KRUM State: TX ZIP: 76249
Email: Iblilie@atlioncesurveying.com
SIGNATURE OF PROPERTY OWNER OR APPLICANT
ILette~ o~,~luthorizotlon required If signature is oth~' thc=n property ownerJ
Print or Type Name: JERRY STOKES
Known to me to be the person whose name is subscribed to the above and
foregoing instrument, and acknowJedged to me that they executed the same
for the purposes and consideration ex3ressed and in the capacity therein
stated.
Given ungl, er my hand a,nd s~ai of office
on this~/ day of ~J/~'/~J 20_O_.~
Notary Public - - / ~r
DONNA LIPSEY
NOTARY PUBLIC
STATE OF TEXAS
$1-22-03P05:08
For Departmental Use Only
Co,e 0
ProjectManagen ~J,~.,~ J~ 0fl/'('[ Si~Jr~
~t No:
Date SubTitled:
Accepted By:,
JAN 2 2 2'003
Form updated: 1/2C03
CondcnscltTM
Page 3 3
1 COMMISSIONER APPLE: we're going to
2 reconvene our meeting now and move on to Item No. 8
3 which is a public hearing. Wes Morrison with thc City
4 staff will present and I'll open the public hearing.
5[ MR. MORRISON: c, ood evening. The applicant
6 is requesting a specific use p~rrnit for a gas well site in
7 a Neighborhood Residential 6 zoning district. The public
8 was notified within 200 and 500 feet of the site. At this
9 time, I've received three responses in favor of the
10 request and one response neutral to file request.
I 1 At this time, staff recommends approval
12 with the following conditions. First, all property owners
13 within 500 feet of the site be notified 24 hour prior to
14 the fracking of file well head. And, second, for the
15 applicant to provide landscape screening around the site.
16 Are there any questions?
17 COMMISSIONER APPLE: I don't see any.
18 Thank you.
19 MR. MORRISON: Thank you.
20 COMMISSIONER APPLE: DO~S the applicant
21 wish to present?
Page 35
1 about changing the alignment so it's not quite a square
2 and more of a rectangle.
3 That will change what he does if he tries
4 to develop this area over here by, you know, requiring
5 trees around it that will hamper both the surface owner's
6 ability to use the property and -- as well as the gas well
7 development.
8 Currently, it' s -- while there' s a
9 subdivision under construction over here, there's one
10 being finished out here, the rest of the land is vacant.
11 We have a floodplain and ESA on this side which will act
12 as a screen on one side of the site. That's one of the
13 reasons the site was located where it is. The surface
14 owner requested that we move it as close to the floodplain
15 area as we could so he could maximize his return.
16 Let me give you some pictures here of some
17 of the treatments that are customary in this kind of
18 development. This shows the tank battery with a cyclone
19 fence around it. It offers a higher degree of security
20 than screening would be and still cuts it off from the
21 neighborhood. This is another example of what the well
22
23
24
25
MR. COLEMAN: oood evening, Madam Chairman
and P&Z Commissioners. My name is Bill Coleman with
Coleman and Associates Land Survey, 300 North Elm, Denton,
Texas. And I am here on behalf of the applicant to
22
23
24
25
Page 34:
1 represent them in this manner and I'm here to answer any
2 questions.
3 I'll begin my presentation by stating that the
4 applicant doesn't have any problems with the conditions
5 except for the matter of the landscape screening. It
6 wasn't mentioned in Mr. Morrison's presentation as to
7 exactly what we are concerned with as landscape screening.
8 If I may put the site plan up here. One of
9 file issues that we're looking at is this property is
10 currently zoned NUMU-12 which is going to be neighborhood.
11 I understand that there is a proposal for a street to
12 come, 2499 to come up through here someplace.
13 The surface owner has indicated a desire to
14 kind of develop this area in commercial. The surface
15 owner doesn't have any objections to what we're doing
16 here, putting in a gas well development plat. He is
7 working very closely with the development company in
18 aligning an alignment that can best suit his uses.
19 And the pmblmn that we're having with the
20 screening issue, screening being live screening, lrees and
21 shrubs, is once they're in the ground, you can't move
22 them. So that removes the ability of the surface owner to
23 negotiate around to try to, you know, move the site. He's
24 talking with people about changing, once the site is
25 drilled and produced, when it's in the producing stage,
head would look like. Other possibilities are to screen
it with cyclone fence that has the decorative slats in it.
Every five to ten years, it becomes
necessary to come back and refrack the location. At that
Page 36
I thne for a period of a couple of days, there's activity
2 similar to this around the well head. This would disturb
3 the landscaping that was in place.
4 Another issue is maintaining vegetative
5 landscaping. If there is no water service site, there is
6 not a water meter. There's, you know -- the water they
7 use is primarily for thc gas well development. It's all
8 subsurface. We don't have domestic water available. So
9 with these issues in mind, we would ask that you consider
10 something other than vegetative landscaping for your
11 screening issues.
12 If you l~ave any questions, I'll be glad to
13 answer them. I also have representatives from the
14 drilling company with me and they will answer any
15 questions that you may have.
16 COMMISSIONER APPLE: commissioner Roy.
17 COMMISSIONER ROY' YeS, Mr. Coleman. You
18 made a comment that the land around this site is vacant.
19 I drove out there and I believe all that land to the south
20 on this plot is now a subdivision, isn't it?
21 MR. COLEMAN: well, the currently developed
22 subdivision ends about 650 feet from the well site. Now,
23 there is -- planned on extending it to the south, but
24 currently there is -~ the land immediately to the south is
25 vacant.
PLANNING AND ZONING COMMISSION
MARCH 12, 2003
Page 33 - Page 36
CondenseltTM
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
i6
17
18
19
2O
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22
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Page 37
I COMMISSIONER ROY: But the roadways are
2 actually built or they look like they're laid out?
3 MR. COLEMAN: They're laid out. They
4 haven't been built. It's under construction.
5 COMMISSIONER ROY: I think the objective of
6 the decorative protection or visual protection was because
7 of the expectation that there would be homes along there.
8 Another question, if you'll move that a
9 little bit to your right, I'd like to ask you about --
10 well, it doesn't show on that one. In the copy that we
11 have in our handout, it shows the entrance to the site
12 being on the south side of the plot?
13 MR, COLEMAN: Yes.
14 COMMISSIONER ROY: And immediately to the
15 south of that entrance is the children's day care center.
16 MR. COLEMAN: Yes, sir.
17 COMMISSIONER ROY: Now, I realize there's a
18 fence there, but considering the traffic that's going to
19 go through there, inquisitive little minds, why -- can you
20 recently move that entrance to the northern part of that
21 site.'?
22 MR. COLEMAN: The reason the entrance is
23 planned here is there's existing entrance at that place.
24 That makes it a lot easier to obtain a permit from the
25 City of Denton, as well as TXDOT if we use an existing
Page 3 8
entrance.
Now, for future development, Hickory Creek
Road is slated to be extended along the north property
linc. This is a gravel entrance for drilling the well and
we'll be out of there in probably less time than the Iarge
machines were installing the sewer line across the
frontage of this property right next to the same facility.
There were backhoes, big tracks, loading, unloading pipes.
It's the same kind of activity that is already going on
there. Same kind of trucks that are passing through this
neighborhood to build the houses that are in the
neighborhood and in the back. I mean, the vehicular
activity is not going to be that much more than what's
already going on in the neighborhood.
Once Hickory Creek Road is extended and
developed, and if 2499 comes up through here, then, of
course, access to the well site will be modified at that
thne to adapt to those conditions. This is the reason,
and they came in, got across the property to stay as far
away from the neighborhood as they could to get back into
the well site as quickly as they could to utilize the
existing curb cut.
COMMISSIONER APPLE: I don't sec any
further questions. Thank you.
MR. COLEMAN: Okay. Thank you.
PLANNING AND ZONING COMMISSION
Page 39
1 COMMISSIONER APPLE: We have a card from an
2 audience member who would Iike to.-- he doesn't wish to
3 speak but he wishes to register opposition. Chris Collins
4 at 3009 Ocean Drive registers opposition and says, we
5 bought this house last September and are expecting our
6 first child. We would never have built or bought a house
7 next to a gas well. If there is no one else wishing to
8 come down and speak --
9 COMMISSIONER POWELL: I have a question of
10 staff when you're ready for me.
11 COMMISSIONER APPLE: Okay. I'll go ahead
12 and close the public hearing. Cormnissioner Powell.
13 COMMISSIONER POWELL: Is it customary for
I4 us to ask for vegetative screening on these wells? Is it
15 normal? I don't remember it a whole lot in the past.
16 COMMISSIONER APPLE: Mr. Reichhart.
17 MR. REICHHART: Thank you. If I may.
18 Approximately a month ago or so, a little longer than
19 that, maybe six weeks, we had an sup for another gas well
20 plat and there was not a recommendation for a vegetative
21 screen. When it went to City Council and one of the
22 conditions they placed on it, though, was to provide a
23 vegetative screen to the residents, you know, for the
24 residents in the area.
25 With that condition that City Council put
Page 40
1 on, staff put in this condition with the assumption that
2 that, too, would be, at least, considered as this went on
3 through to City Council.
4 COMMISSIONER POWELL: Let me tell you what
5 I -- in the vein of discussion, Madam Chairman, if I may,
6 I think the point is well taken that there will be nobody
7 to maintain the vegetation. There will be nobody watering
8 it, trhnming it, whatever. In my humble opinion, it's
9 going to flat die. One hot smmer in Texas with no water
10 and anything recently planted that doesn't grow natural
11 and have thorns that long is going to die. So I think
t2 we're spinning our wheels.
13 I think requesting screening when it's got
14 housing all around it is fine. But vegetative screening
15 when there's no way to care for it is, I think, pushing
16 the envelope more than we want to go and more than makes
17 common sense. Thank you.
18 COMMISSIONER APPLE: Thank you.
19 Co~mnissioner Mulroy.
20 COMMISSIONER MULROY: Yes. I agree with my
21 fellow chairman that vegetation is going to be hard to
22 maintain and it's going to be disturbed several times and
23 it may be onerous to put on an applicant. I would want to
24 ask the applicant, if I may, if they have another version
25 of a screen wall other titan just the slats and the
MARCH 12, 2003
P~e37-P~e40
CondenseIt m
Page 41
I galvanized fencing? That was part of -- in our ordinance
2 development, screening was reflected upon and emphasized
3 and I think maybe if we coutd upgrade that, we could get
4 away from vegetation but have a screen wall that could be
5 removed when they have to service the well. So may I ask
6 the -- if I may, Madam Chair, ask the applicant if they
7 can give us a suggestion.
8 COMMISSIONER APPLE: Certainly. Mr.
9 Coleman.
10 MR. COLEMAN: Yes. Thank you, Commissioner
11 Mulroy. And I will call on another one of our resource
12 team to address that.
13 One item I might also, and forgive me, I
14 overlooked in my conunents, the Council put the screening
15 on the Ragle SUe because the landowners upon which the
16 development was taking place complained about the welI.
17 They were the opposition to it, and not the landowner. In
I8 this case, the landowner upon which the well is being
19 drilled had no opposition to what's going on. So we're
20 not trying to screen from somebody that close and the
21 neighbors are far enough away.
22 As to the, you know, other forms of
23 screening that might be applicable to this, I'd like to
24 bring down Jerry Stokes, and he is the leaseholder at this
25 time.
Page 42
i COMMISSIONER APPLE: If you'd give us your
2 name and address please for the record.
3 MR. STOKES: My name is Jerry Stokes, 4304
4 Chimney Rock Court, Colleyville, Texas. There is numerous
5 different types of fencing that are surrounding the well
6 site and the -- this is three or four different kinds.
7 And in researching this issue and tr-fing to
8 figure out how to acconunodate the surface owner, as well
9 as the oil and gas owner and the equipment here, this
t0 seems to be somewhat of a standard that we're seeing in
t I western Denton County. This is a fence area that's a
12 green, does not have the slats in it and, as you can see,
13 blends in very well with the habitat and the vegetation.
t4 When additional work is done on these
15 properties, this fence can be taken down, can be moved,
16 and equipment can be moved in for a short amount of time,
17 equipment moved out and the fence can be put back up.
18 This is a smaller, not a six-foot fence.
19 There's different types of fencing, like~I say. This was
20 the slatted fence that you see in this particular area,
21 which is probably more secure than, letrs say, a lower
22 fence this area --
23 COMMISSIONER MULROY: If I may, Jm-ry.
24 Since I asked you to come forward. I think we're missing
25 the point. The thought behind the ordinance and requiring
Page 43
1 an sup in the residential neighborhoods, part of it was
2 esthetics.
3 And beyond the security fencing, they're
4 looking for some type of visual barrier. And I certainly
5 agree with my fellow Commissioner that live vegetation is
6 probably not appropriate here. But could you look at some
7 kind of attractive fence panelings, standing away from
8 your security fence. I'm not talking about your security
9 fence for your equipment. But a little bit further away
10 and sotnething you could probably take the post out of the
11 ground to get your equipment in but a visual barrier,
12 either a stockade tile or brick, something that would
13 block the vision. I think that's what the Commission
14 intended when they wrote the ordinance.
15 MR. STO~:~: okay.
16 COMMISSIONER MULROY: would you be amenable
17 to that?
18 Ma. S?Oi~S: Yes, I believe we would.
19 We're trying to work with the surface owner here and he's
20 wanting to, when the total property gets to a point that
21 it's developed, if we were to put up something like a
22 fence or like a brick wall type of fence that can be
23 moved, then depending upon the development of 2499 or
24 whatowr commercial property, this configuration will
25 tvzluco down or changed and the fence can be moved. So,
Page 44
I yes, we would, we could do --
2 COMMISSIONER MULRO¥: SO if we change the
3 condition to a non-vcgctativ~ visual barrier --
4 MR. STOKES: That would be fine.
5 COMMISSIONER MULROY: -- types Of fencing,
6 that would be okay?
7 MR. STOKES: That would be fine.
8 COMMISSIONER MULROY: Thank you.
9 COMMISSIONER APPLE: commissioner Roy.
10 COMMISSIONER ROY: I generally like the
11 direction of the suggestion. I'm trying to think how we,
12 how it gets determined what actually gets installed. How
13 does that decision get reached? Do we leave it to staff
14 to follow our general direction? If we were to require
15 something like the decorative slatted cyclone fence, that
16 would be a very clear direction. But how do we just leave
17 something open-ended unless you have something more
18 specific in mind.
19 COMMISSIONER APPLE: Commissioner Mulroy.
20 COMMISSIONER MULROY: Yeah. I don't think
21 the slatted cyclone fencing was what the Planning and
22 Zoning Cormnission had in mind. I am visualizing that
23 being their security fence around their equipment. Off
24 and away of that, 10 or 12 feet, it doesn't ever have to
25 be connected all the way as long as you have banks that
PLANNING AND ZONING COMMISSION MARCH 12, 2003 Page 41 - Page 44
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I form a visual barrier from drive-bys.
2 So a wood stockade fencing or something
3 similar that they could actually, if the posts are in
4 holes in the ground, they could pick up the panels and lay
5 them down and move them out of the way of their equipment
6 and drive in. So I would say, I would word the minimum
7 would be a stockade-type, wood stockade-type fencing.
8 COMMISSIONER POWELL: on steel posts.
9 COMMISSIONER MULROY: on steel posts,
10 eight-foot. Because of the height of that equipment,
11 you'll need eight foot --
12
COMMISSIONER POWELL: visual barrier.
! 3 COMMISSIONER MULROY: -- visual barrier.
14 Is that satisfactory? Okay. Thank you,
15 C6MMmS£OtqERAP?t,E: ! have a question of
16 staff. Since staff's recommendation was to provide a
17 landscape screening, did you take into consideration the
18 watering requirements and the possibilities surrounding
19 that and did you have particular plantings that y'all
20 though would be preferable? Have you done this in other
21 cases? Can you shed some light on that?
22 MR. REICHHART: If I may,
23 COMMISSIONER APPLE: Mr. Reichhart.
24 MR. RE[CHHART: It was at my direct[on that
25 that condition be put into this report. I do believe
Page 46
1 there are native vegetation that could be put in whether
2 it's short trees, large shrubby type of bushes or whatever
3 that could be put in. And if periodically a water truck
4 had to go out and throw some water on them, I think that
5 could be done.
6 You know, monitoring the weather, and if
7 it's a condition of the approval, quite honestly, visually
8 speaking, as you put a solid barrier out in the middle of
9 a field, it does tend to draw more attention than a
10 vegetative screen does to it that there's something out
11 hem now that we're trying to screen as opposed to a
12 native vegetative buffer. And that's why we were
13 proposing the screen.
14 Additionally, one of the seven criteria for
15 a specific use permit does allow for the use of
16 landscaping to mitigate the impact on the surrounding
17 neighborhood. And, again, we could use a solid screen.
18 But we thought that landscaping was more native and
19 natural to the environment out them than a solid fence.
20 COMMISSIONER APPLE: Thank you. Also, the
21 trees would probably be taller than a solid fence?
22 MR. REICHHART: In key locations, yes. You
23 wouldn't have to do all trees but, yeah, you could provide
24 for some of the taller apparatus out them.
25 COMMISSIONER APPLE: Thank you.
Page 47
I Commissioner Roy.
2 COMMISSIONER ROY: We really can't get to
3 the site the way the road system is set up. To the east,
4 it implies or indicates that there's a development. Is
5 that a housing development to the east that is currently
6 in place?
7 MR. REICHHART: Yes. It's part of Oalanont.
8 COMMISSIONER ROY: That's in the City of
9 Corinth or is that Denton?
10 MR. REICHHART: That is in the City of
11 Denton. As you can see, it's got the turquoise color. It
12 is one of the planned developments that was preserved.
13 There is portions in Corinth but the majority is in the
14 City of Denton.
15 COMMISSIONER ROY: SO, in fact, there are
16 current residents very near the well site in addition to
17 the proposed or cxpected extension of the ms/dents to the
18 south.
19 MR. REICHHART: That is one of the newer
20 sections of that subdivision so I'm not sure how heavily
21 populated it is at this point. If you look at Teasley
22 Harbor which is the subdivision to the south, I mean, the
23 last time we did air photos, there wasn't any houses out
24 there, but there certainly is now. So you would see
25 rooftops now if wc did a newer photo. But both are
Page 48
I relatively, within the last couple of years, under
2 development and there are people living out there,
3 although you don't see the rooftops on this overhead.
4 COMMISSIONER APPLE: And I believe the
5 gentleman who provided us with the card lives in that very
6 addition, the Teasley Harbor Addition.
7 MR. REICHHART: Thatts correct.
8 COMMISSIONER APPLE: co~mniss[oner Powell.
9 COMMISSIONER POWELL: Did I understand
10 correctly there will be a road, a highway running north
11 and south on the east end of this property?
12 MR. REICHHART: That will be on the north
13 side of that property.
14 COMMISSIONER POWELL: That will be an
15 cast/west road?
16 MR. REICHHART: correct. It will be the
17 extension of Hickory Creek.
18 COMMISSIONER POWELL: okay.
19 MR. REICItHART: Eventually it will tie into
20 2499 which wiI1 be on the east side.
21 COMMISSIONER POWELL: Way over there?
22 MR. REICHHART: Running north and south,
23 correct.
24 COMMISSIONER POWELL: Okay. So it will go
25 through that subdivision?
PLANNING AND ZONING COMMISSION MARCH 12, 2003 Page 45 - Page 48
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MR. REICHHART: It will, it is -- I believe
there was fight-of-way preserved within that Teasley
Harbor subdivision.
COMMISSIONER POWELL: I understand. But it
will go through there?
MR. REICHHART: Yes.
COMMISSIONER ?OWELL: Thank you. That
helps me a lot.
COMMISSIONER APPLE: IS there anyone else
in the audience who wishes to address this item? I'll
close the public hearing then and ask for comments from
Commissioners. Do we have any comments from the
Commissioners? Commissioner Roy.
COMMISSIONER ROY: I think Commissioner
Mulroy has a set of suggestions on the desired -- what's
the word I'm looking for -- visual impact barrier. And
I'd be interested to hear him restate that in the form of
a motion.
COMMISSIONER APPLE: Commissioner Mulroy,
whether you want to or not.
COMMISSIONER MULROY: 1'11 take the bait.
COMMISSIONER POWELL: I'll second it. How
about that?
COMMISSIONER MULROY: There you go. I will
recommend approval of the sup including staff
Page 50
recommendation No. 1, but No. 2, I would like to modify
that a non-vegetative screening such as, you know, a
barrier fence would be allowed, eight-foot minimmn quality
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of a stockade fence to serve the visual barrier purpose.
COMMISSIONER POWELL: on steel posts?
COMMISSIONER MULROY: on stl~l posts.
Thank you, sir.
COMMISSIONER ROY: I will second that
motion.
COMMISSIONER APPLE: we have a motion and a
second. Is there any discussion? I just have one
commm~t. Yll be voting against the motion only because i
do believe that there is a difference between the
appearance of landscaping and hard fencing and I do think
that the landscape scmenlng would be much better for the
residential area.
Any further discussion? Hearing none, all
those in favor. Oh, we can actually vote on the machine
now. Motion carries 5-1.
(COMMISSIONER APPLE VOTING IN OPPOSITION.)
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Page 52
PLANNING AND ZONING COMMISSION MARCH 12, 2003 Page 49 - Page 52
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 37 ACRES OF LAND
GENERALLY LOCATED NORTH OF OCEAN DRIVE APPROXIMATELY 1,800 FEET EAST
OF TEASLEY LANE, WiTHiN A NEIGHBORHOOD RESiDENTiAL MIXED USE (NRMU)
AND NEIGHBORHOOD RESiDENiTAL MIXED USE - 12 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. (Z03-0003)
WHEREAS, Mid Cominem Geological, iNC. has applied for a specific use permit for a gas
well developmem within a Neighborhood Residemial Mixed Use (NRMU) and Neighborhood
Residemial Mixed Use - 12 zoning district classification and use designation on approximately 37
acres of land generally located north of Ocean Drive approximately 1,800 feet east of Teasley Lane,
as more particularly described in Exhibit "A' attached hereto and made a part hereof by reference
(the "Property"); and
WHEREAS, on March 12, 2003, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a gas well developmem; and
WHEREAS, the City Council finds that the Specific Use Permit is consistem with The
Denton Plan; and
WHEREAS, in accordance with Subchapter 6 of the Developmem Code of the City of
DeNon, Texas, the City Council finds that all of the following conditions exist:
The gas well developmem will be compatible with and not injurious to the use and
enjoymem of other property nor significantly diminish or impair property values
within the immediate vicinity; and
The establishmem of the gas well developmem will not impede the normal and
orderly developmem and improvemem of surrounding property; and
Adequate utilities, access roads, drainage, and other necessary supporting facilities
have been or will be provided; and
The design, location, and arrangemem of all driveways and parking spaces provides
for the safe and conveniem movemem of vehicular and pedestrian traffic without
adversely affecting the general public or adjacem developmems; and
Adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration; and
Directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
There is sufficiem landscaping and screening to ensure harmony and compatibility
with adjacem property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations comained in the preamble of this ordinance are
incorporated herein.
SECTION 2. A specific use permit to allow a gas well developmem within a Neighborhood
Residemial Mixed Use (NRMU) and Neighborhood residemial Mixed Use - 12 (NRMU- 12) zoning
district classification and use designation on the Property is hereby approved, subject to the
following conditions:
1. All property owners within 500 feet of the well site will be noticed 24 hours prior to
the fracing of the wellhead.
2. A blockade style fence will be installed on steel post around the well site to create a
visually appealing screen for the well site.
3. Developmem and operation of the gas well developmem shall be in accordance with
the site plan on file in the City Planning Departmem, a copy of which is attached hereto and made a
part hereof as Exhibit "B".
SECTION 3. Notwithstanding the description of the Property, the property being rezoned
includes all property to the cemerline of all adjacem street rights-of-way.
SECTION 4. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the DeNon Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the __ day of
,2003.
EULINE BROCK, MAYOR
PAGE 2
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 3
Exhibit A
Teasley Lane:
LEGAL DESCRIPTION
FIELD NOTES to all that certain lot, tract or parcel of land situated in the Berry
Merchant Survey, Abstract # 800, Denton County, Texas and being a re-survey of all of
a called 37.817 acre Tract described in the deed to Herschel V. Forester, Trustee,
recorded in Volume 605, Page 621, Deed Records, Denton County, Texas, the subject
tract being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in the East line of a road under apparent public
use posted as FM Road 2181 for the Southwest comer of the tract being described here,
also being the northwest comer of Childrens Lighthouse Childcare Learning Center, an
addition to the City of Denton, recorded in Cabinet T, page 309, Plat Records Denton County Texas;
THENCE North 01 Degrees 21 Minutes 10 Seconds West with the East line of said road a
distance of 654.64 feet to 1/2 inch capped iron rod set for the Northwest comer of
said herein described tract;
THENCE North 89 Degrees 40 Minutes 01 Seconds East with the North line thereof of said
37.817 acre tract a distance of 2476.32 feet to a 1 inch iron rod found in the West
line of Wynstone at Oakmont, Phase II, an addition to the City of Denton, according
to the plat thereof, recorded in Cabinet S, Page 323, said plat records, for the
Northeast comer of said 37.78 acre tract;
THENCE South 01 Degrees 57 Minutes 00 Seconds East with the East line of said tract,
a distance of 650.53 feet to a 1/2-inch capped iron rod set for the Southeast comer
of said 37.817,
THENCE South 89 Degrees 34 Minutes 07 Seconds West with the South line of said 37.817
acre tract a distance of 2483.03 feet to the PLACE OF BEGINNING and enclosing 37.14
acres of land more or less.
Exhibit B
,S 01'57'00"1r
0'~
~N
From:
To:
Date:
Subject:
<citizenrequest@cityofdenton.com >
<citizenrequest@cityofdenton.com >
3/'13/03 '1:1SAM
Dear Council Member
NAME: Capt. Christopher Collins
EMAIL: chris.c.collins@verizon.net
SUBJECT: Gas Well Site near Teasley Harbor and Ocean Drive
TO: Entire City Council
MESSAGE: Our neighborhood will be gathering a petition t~ oppose the proposed gas well site next to our
neighborhood, Teasley Harbor. This area is zoned residential mixed use. We never dreamed someone
would put a gas well next door. We've lived here since September and would hate to see all of our hard
work to build a great new house spoiled because the city allowed a well to be drilled next door. We are
very disappointed that the zoning commission would recommend approval of a specific use permit in such
a residential area. The entrance to the proposed site is right next to a daycare center. You must not
neglect our interests in this matter. Our lives and property values will be affected. The committee's only
concern was whether to put up a fence or natural vegetation to hide the well. What about the safety of our
neighborhood? Would you want to move into a brand new neighborhood and find out six months later that
the city is rezoning the property next door to allow a gas well site? Do not underestimate our
determination to fight the rezoning of our community or the granting of the special use permit.
Sincerely,
Capt. Christopher Collins
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
April 1, 2003
Planning and Developmem Departmem
Dave Hill, 349-8314
SUBJECT - Z02-0063:(320 Mill Stree0
Cominue a public hearing and consider adoption of an ordinance approving a Specific Use
Permit (SUP) for a childcare facility on approximately 0.7 acres. The site, commonly known as
320 Mill Street, is generally located on the south side of Mill Street opposite Cook Street. The
property is in a Neighborhood Residemial 3 (NR-3) zoning district. A childcare facility is
proposed. The Planning and Zoning Commission recommends approval with conditions (4-3).
BACKGROUND
Applicam: DeNon Affordable Housing Corporation DeNon, Texas
As opposition is more than 20%, a super majority vote by City Council is required to approve
this application. Due to the recusation of council member Raymond Redmon 5 affirmative votes
are required to approve this request. As only 5 council members were present at the time of the
meeting (Mayor Brock absem), the applicam requested a cominuance to allow all possible voting
members to be present.
Per the applicam request, the public hearing was cominued to allow A childcare cemer for
children participating in the Denton Affordable Housing Corporation (DAHC) Transitional
Housing program is being proposed at 320 Mill Street. An existing wood-frame structure of
approximately 2,000 square feet, located toward the rear of the lot, would be utilized for this
purpose.
Currently, a fourplex located toward the front of the site provides transitional housing for
homeless families. These residemial units were built under the 1969 Zoning Code regulations
and are not included in this Specific Use Permit (SUP) request.
DAHC will own the building and serve only as a landlord. However, a licensed childcare
provider will operate the childcare facility.
Public notification and property owner responses are provided in Attachmem 3. As of this
writing, staff has received two (2) responses in favor and nine (9) responses opposed from
property owners within 200 feet of the subject site. Curremly, 27.4% of the land within 200 feet
of the subject property is in opposition to the request..
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (4-3, Vicki Holt, Bob Powell, and
George Watkins opposed) with the following conditions:
1. All lighting within the proposed development must be in compliance with the Light and
Performance requirements established by the Development Code.
2. A licensed childcare provider must operate the facility.
ESTIMATED PROJECT SCHEDULE
A certificate of occupancy will be required prior to starting operations.
PRIOR ACTION/REVIEW
The following is a chronology ofZ02-0063 commonly known as 320 Mill Street:
Building permit (fourplex) November 11, 2002
FISCAL INFORMATION
Development of this property will increase the assessed value of the city.
short-term public improvements that are the responsibility of the city.
It will require no
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification Map
4. Photos
5. Site Plan
6. Letters in Support of the Request
7. February 12, 2003 Planning and Zoning Commission Minutes
8. Draft Ordinance
Prepared by:
Deborah Viera, AICP
Planner II
Respectfully submitted:
Larry Reichhart, RLA, AICP
Assistant Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary of Zoning Request
A childcare center for children participating in the Denton Affordable Housing Corporation
(DAHC) Transitional Housing program is being proposed at 320 Mill Street. An existing wood-
frame structure of approximately 2,000 square feet, located toward the rear of the lot, would be
milized for this purpose. Six existing parking spaces are available for the childcare facility. The
existing chain link fence along the east property line will be replaced with a 6-foot wood fence
constructed with steel posts and a decorative cap with the good side of the fence facing the
adjacent residential units to the east. A privacy fence is currently located along the south and
west property lines (see Attachmem 5 for site plan).
The existing 2,000 square feet structure would accommodate approximately 25 children based on
state standards for childcare facilities. This would necessitate staffing levels of 4 to 6 caregivers,
depending upon the age of the children. Nine transitional housing units are located within
walking distance of the subject site.
Existing Condition of Property
Property History. February 20, 2002 - The subject property was placed in the Neighborhood
Residemial 3 (NR-3) zoning district and land use classification by Ordinance 2002-040.
Prior to the adoption of the Developmem Code, this property was zoned Multi-family 1 (MF-1).
Adjacem zoning. North:
South:
East:
West:
Neighborhood Residemial 3 (NR-3)
Neighborhood Residemial 3 (NR-3)
(Single-family unit)
Neighborhood Residemial 3 (NR-3)
(Millwood Apartmems)
Neighborhood Residemial 3 (NR-3)
(Single-family unit)
A DAHC fourplex located toward the from of the site provides transitional housing for homeless
families.
Comprehensive Plan Analysis
The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use
area. New developmem in this district should respond to existing developmem with compatible
land uses, patterns and design standards. The plan recommends that existing neighborhoods
within the city be vigorously protected and preserved. Housing that is compatible with the
existing density, neighborhood service, and commercial land uses is allowed.
The Denton Plan calls for the protection of existing neighborhoods but does not eliminate the
possibility that some non-residemial uses, which are scaled to service the surrounding
neighborhood and provide for needed services, could be compatible with existing residential
uses. Staff finds the proposed specific use permit to be consistent with The Denton Plan.
Development Review Analysis
Transportation
Increased traffic is expected to be negligible because enrollment in the center would be limited to
homeless families residing in DAHC Transitional Housing units.
Mill Street is identified as a local street by the Denton Mobility Plan. The development will
have access from Mill Street. Mill Street is currently constructed with two (2) lanes with
parking. The most recem traffic coum for Mill Street, east of Lakey Street, indicates that there is
adequate capacity to handle the trips that could be generated by the proposed development.
Environmental Quality Impacts
No environmemal impacts from the proposed developmem have been idemified.
Development Code/Zoning Analysis
Section 35.6.5 of the Developmem Code states that a Specific Use Permit shall be issued only if
all of the following conditions have been found:
e
e
e
That the specific use will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values
within the immediate vicinity;
The development of the proposed DAHC childcare center should not diminish or impair
property values in the immediate vicinity.
That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
It is unlikely that establishment of this specific use will impede the normal and orderly
development of surrounding property.
That adequate utilities, access roads, drainage
facilities have been or will be provided;
All necessary supporting facilities are in place.
and other necessary supporting
The design, location and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments;
The existing parking lot and driveway meet the requiremems of the City of DeNon.
That adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise and vibration;
No offensive odor, fumes, dust, or vibration are anticipated. Some noise is expected
when children are playing outside, however, staffing of the cemer will allow for
supervised activity only.
That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
Childcare services will be available from 7:30 am to 6:00 pm weekdays. Occasional
counseling sessions during evening hours are possible to occur. Security lighting will be
installed on the area associated with the childcare facility. However, no information
addressing the Developmem Code lighting requiremems has been provided.
That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
A 10-foot landscape area with one tree for every 30 linear feet along the south and east
property lines and shrubs around the perimeter of the childcare cemer are proposed.
Existing mature trees on site will be preserved.
However, Section 35.6.6 allows the Commission to recommend additional conditions on the
proposal to protect the public imerest and the welfare of the community and ensure compatibility
with surrounding land uses.
STAFF RECOMMENDATION
The use of the proposed DAHC childcare facility will be limited to a reduced section of the City
of DeNon population (participams of the DAHC Transitional Housing program) limiting the
imensity of the proposed use and minimizing the impact on the neighborhood. Another factor
that would limit the imensity of the use are the State requiremems for minimum building area per
child. The location of the existing building imended for the childcare facility is not accessible
from the street and no signage on site will be provided. Under these circumstances, the proposed
non-residemial activity will not change the residemial appearance of the adjacem area.
The request for a specific use permit for a childcare center meets the requirement established on
Section 35.6.5 of the Developmem Code and is compatible with The DeNon Plan. Therefore,
staff recommends approval of Z02-0063 with the following condition:
All lighting within the proposed developmem must be in compliance with the Light and
Performance requiremems established by the Developmem Code (Subchapter 35.13.12).
ATTACHMENT 2
NORTH
Location/Zoning Map
Scale: None
NORTH
Land Use Map
Scale: None
ATTACHMENT 3
PUBLIC NOTIFICATION MAP
NORTH
Scale: None
Newspaper Notification Date:
200' Legal Notices* sent via Certified Mail: 25
500' Courtesy Notices* sent via 1st Class Mail:
Number of Responses to 200' Legal Notice:
· In Opposition: 9
· In Favor: 3
· Neutral: 0
Percentage of land within 200' in opposition: 27.4%
February 1, 2003
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3
Property Owner Responses Table
Property Owner Name and Address In favor/neutral/ Comments
/opposed*
Denton Affordable Housing Favor No comments
Corporation (the applicant),
320 Mill St.
Barbara Russell Favor No comments
820 Allen St.
Willie Rainwater Favor No comments
329 Ruth St.
Carl G. Young Opposed No comments
319 & 321 Mill St.
Opal Logan, Opposed No comments.
328 Mill St.
Marcella Franklin, Opposed No comments
317 Mill St.
Adolphus Henry, Opposed No comments
400 Mill St.
John Lee Woods, Opposed Will create more traffic and congestion. There is also
327 Mill St. one daycare located at the corner of Cross Timber
and Mill.
Vicky J. Brown, Opposed No comments
312 Mill St.
Janie Demeyer, Opposed I vote NO for the daycare on 320 Mill St. because we
308 Mill St. already have a daycare a block further down the road
also on Mill St.
Sean Jones, Opposed I vote NO for daycare at 320 Mill St. We have one on
308 Mill St. our street already.
Raymond Redmon, Opposed Daycare for children should be more in a commercial
326 Mill St. setting. Also, a low-income daycare, the Fred Moore
Nursery, is just 2 blocks from the proposed site. If
tenants want or need a childcare then they can go to
Fred Moore.
*A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 4
10
Owner/Developer:
Existing Zonlngt
Site si~¢.
P~oposed Use:
$1gnage:
Utitltles:
t,an(Iscaping:
Denton Affordable Housing
Corporation
NR 3 (Adjacent properties
consist ora mlx of single and
multi-family residential)
0,72 acres total
ExJstin$1,986 sq. ft. ont-stor~,
single .family restdentLd dwdling
located toward rear of site to be
converted to a child-care center
for an estimated 25 pre-school
aged homeless children from
families parfl¢ipatina in the
~ig~nrd Housin~ Pro~am~
No signs will be installed
Undel~ronnd utilities Installed
Sptinlder system installed
Vicinity Map
Playground Area .~o
316 Mill and 320 East Mill Street
Scale 1' = 20'
North
320 Mill
One*story frame ezlsttng re~i~ence
Future chitdcare cen~er
r
316 Mill and 320 East Mill Street
Attachment 6
02-12-03P05:01 RCVI)
comments regarding case number Z02-0063
To the members of the Planning and Zoning Commission
Denton Christian Preschool requests that you approve the specific
USe permit for case number Z02-0063.
Denton Christian Preschool is a United Way Agency serving
preschooi children at risk of not succeeding in.public
schools without intervention during their early years. We
serve 62 children, all from low-income families, with a long
waiting list of those waiting for an enrollment opening.
The proDosed childcare center at 320 Mill St. will meet a
critical need in our community. The children served at that
location would probably not have access to any of the existing
child care facilities due to cost, location, and sDace
availability. The targeted children are those who need service
more than any others in our community.
Denton Christian Preschool supports the proposed childcare
facility at 320 Mill St.
Sincerely,
Judith Royal, Director
Denton Christian Preschool
FEB 1 2 2003
PLANNING & DEVELOPMENT
DENTON CHRISTIAN PRESCHOOL '
- A Un~ Way A~ncy -
I 114West UnlYer~k'y Dr~ · ~ton, T~ 76201
~one (9~) 3~3-3332 · ~ (9~) 3B3~3 · den~ncp~h~.¢om
From:
To:
Date:
Subject:
Kae Fisher <kafisher@coserv. net>
"Denton P&Z ...Deborah Viera" <deborah.viera@cityofdenton.com>
2/11/03 11:51PM
320 Mill St Future Day Care
I and an amazing collection of Denton's finest persons have been honored
to visualize a day care center for infants and toddlers yet unserved.
Denton Affordable Housing Corporation purchased 320 Mill St and built on
the front half of approximately one acre. The existing building on the
back of the lot has grounds such that it is ideal for a smatl child care
center for children coming out of the shelter. Friends of the Family,
HOPE, both local universities, several day care centers in this area,
and the city recognize the dire need of infant and toddler care for
these special citizens. Many hours have been used in building a
coalition enabt[ng this facility. It is my hope that you see this
property as an inviting place for many children already living in this
neighborhood to play securely while their Mom's are productive citizens
of Denton.
Kae Fisher
Board member Denton Affordable Housing Corporation
(940)365-0300
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COMMISSIONER APPLE: Moving on to Item No.
7 which is a public hear/rig and Deborah Viera with the
City planning staff will present. I'll open the public
hearing.
MS. VIE~.~: oood evening, Commission. The
Denton -- I'm sorry. The Denton Affordable Housing
Corporation is requesting a Specific Use Permit to allow a
child care facility within a Neighborhood Residential 3
zoning alisa'icl and commonly known as 320 Mill Street. An
existing 2,000 square foot structure located toward the
rear of the lot would be used for this purpose.
There's an existing four-pbx located
toward the front of the lot that is used for transitional
housing participants. And staff would like to clarify
that this four-plex is not part of the specific use
permit.
This site is mainly surrounded by
single-family residential lots except to the east side
where another four-plex is located and commonly known as
the Millwood Apartments. The Millwood Apartments are
located right in here. The Fred Moore Day Care is located
at the corner of Cross Timber and Mill. And as you can
see, basically, the site is surrounded by single-family
lots.
The subject site is located within an
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transitional housing and, second, because the proposed use
is 2,000 square feet and only allows up to 25 children to
be serviced in that facility.
Therefore, staff recommends approval of
Z02-0063 with the condition that all lighting within the
proposed development must be in compliance with the light
and performance requirements established by the
Development Code. This concludes staff presentation.
COMMISSIONER APPLE: commission~' Pxoy.
COMMISSIONER ROY: YeS. Could you describe'
the most likely path of traffic coming into the site?
MS. VIERA: I'm not a traffic engineer.
However, I would say it probably would come from Mill
intersecting Morris. But, again, ali depends where the
participant of the transitional housing leaves and that
will establish the route that they will use.
COMMISSIONER ROY: Maybe I misunderstood
you. I thought the participants in this program would
come from a particular housing area.
MS. VlEP~: ~rhis child care facility will
serve any participants of the transitional housing. On
that same side, we have a four-plex that provides
services. But it's my understanding that Denton
Affordable Housing Corporation has additional buildings
for participants.
Page 62
existing neighborhood infill compatibility land use area.
The Denton Plan stresses the need for protecting existing
neighborhood. However, it also allows to consider uses
that are compatible with neighborhood uses, but with the
caveat that those uses must be closely reviewed and assess
all the impacts, all the possible or potential impacts and
the details of the development,
Staff believes that this Specific Use
Permit provides the media to go through the details and
the impacts of this development. Therefore~ staff believe
that the proposed child care facility, it is compatible
with the Denton Plan.
The Development Code establishes criteria
for which shaft needs to analyze the Specific Use Permit.
That analysis has been provided in your backup. I believe
on page 4.
A total of six letters in opposition have
been provided and an ,updated map with a new submittal were
submitted to you during the work session meeting. Up to
now, we have 22 percent of land within 200 feet in
opposition of the site.
Staff finds that the proposed child care
facility will have a minimal impact in that community
because, one, it will serve only a limited population of
the City of Denton citizen that is only participant of the
Page 64
1 COMMISSIONER ROY: And these additional
2 buildings are scattered around?
3 MS. VIEP, X: uh-huh.
4 COMMISSIONER ROY: Okay. Thank you.
5 COMMISSIONER APPLE: Deborah, I just have
6 one quick question just for clarification because I
7 noticed that the State has requirements for building area.
8 And is 25 the maximum number for 2,000 square feetS.
9 MS. VIER.A: According to the applicant.
10 That information was established by the applicant. I
believe the applicant is here to provide more detail about
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12 that.
13 COMMISSIONER APPLE: Thank you very much.
14 If the applicant would like to come before us. Good
15 evening.
16 MS. MCADAMS: Good evening. I'm Linnie
I7 McAdmns at 1120 Kendolph Drive here in the City,
18 76205-5742. Actually, I'm a substitute here for Jane
19 Provo, our Executive Director, who was called away on an
20 emergency to Minnesota and so I'm filling in. But as
21 Chair of the board, I'rn very familiar with the project.
22 We are asking for this Specific Use Permit
23 in order to enable the operation of a child care facility
24 at this particular site. And in line with the question
25 that was just asked about it, there are, we do have
PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 61 - Page 64
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four-plexes right there that we have an agreement with
Friends of the Family and Hope, Incorporated.
And I'tI just quickly say Hope,
Incorporated, if you're not familiar with them, is an
organization here in town. They counsel with people who
are either already homeless or are about to be homeless.
They can put them into temporary housing and they work
with them to teach them how to manage their finances so
that they -- these are people who are working, not the
street homeless. These are working people.
But they teach them how to manage their
money. Work with them over a one to two-year period of
time to actually get them on their feet and hack into the
main stream of being in debt like the rest of us, but
managing it better than they have been managing before
they were evicted.
Friends of the Family is the shelter for
abused women. When those people come out of the shelter
after a fairly short period of time there, they often are
not in a position to just go out on the street and rent an
apartment or a house. So, again, they go into
transitional housing. There arc funds made available to
these organizations to help people on this temporary basis
so that they can then get on their feet and move along.
And by its very nature, transitional housing suggested
Page 66
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care center there. We called together, because we didn't
know what was really necessary, but we called together a
number of people. Eleanor Hughes, as I mentioned, one of
those people on the Human Resources Committee,
representatives from Hope, representatives from Friends of
the Family.
We also had a representative from Texas
Work Force Commission because they have a child care
component there. We also spoke with Ms. Kathy Davis who
is the administrator and Debbic Wcbb who is the director
of New Generation Child Care, which is the child care that
recently opened up on Lakey Street in the Saint Andrew
Church there.
We also contacted the director of the
Denton City County Day Nursery, the director of Denton
Christian Preschool. We called in all the people who had
something to do with child care to try to get their input
to make sure, first of all, that this was something that
was needed and, secondly, that it was a viable project.
Kay Fisher from First United Methodist Church agreed to
kind of pull -- to Chair and pull this group together to
find the organization and/or person who would actually
operate the center itself as a licensed facility.
One of the people that we had a lot of
conversation with was a Ms. Williams who is the director
Page 68
1 that you might be there for a year or two years, and then
2 by that time, you will have gotten on your feet and you
3 can move along and someone else can take that over.
4 We have another house across file street,
5 just at an angle from this, that is also in the program, a
6 home that's leased. When we had this site -- as you well
7 know, when you talk about Denton Affordable Housing
8 Corporation, you're usually talking about housing because
9 that's what we know about and that's what we do best. And
10 that's really where we intend to stay primarily.
11 But we did have this particular facility,
12 this building on this propcn'~y. And from everything that
13 we hear, whenever there's a survey of what do we need,
14 what do we need to make our City better, the thing that
15 kept bobbing to the top was affordable child care. As a
16 matter of fact, one of the people working with us on this
17 particular project is Eleanor Hughes who serves on the
18 City's Human Resources Conm~ittec who says, yes,
19 absolutely, affordable child care is the gt~eatest need we
20 have. It is the greatest deterrent to -- particularly to
21 single mothers getting on their feet, that lack of child
22 care.
23 But we, as I said, we know lit'tie about
24 child care bat we did have the building and we were happy
25 to make that available if it was feasible to have a child
1 of the Fred Moore Day Care. And you saw its proximity
2 here. She explained to us, and all of these people are
3 saying, absolutely, it is the number one need. It is what
4 we run into so often.
5 Ms. Williams explained to me that normally
6 she always has a waiting -- we'll, she always has a
7 waiting Iist for infants. Hers is the only center in town
8 that will take infants at a reduced rate. And the regular'
9 rates are simply more than most of these woman can afford
10 to pay. And she has, at this point, a waiting list.
11 She has promised her next eight slots to
12 particular people. So, as a matter of fact, some people
13 who inquire about infant care, their children reach an age
14 where they can go into the toddler before they're ever
15 able to move into infant care because it's simply not
16 available.
17 She says she has a multitude of sad stories
18 of people who have come to her. They desperately needed
19 child care. Maybe their husband left. Maybe they are
20 just out of a shelter. Whatever, but they have all these
2i problems and they're crying. And she says occasionally
22 I've been able to do something to help them, but many
23 times I simply have to say, no, we don't have the space.
24 As your staff mentioned, we're governed by
25 the State on how many children you can have based on the
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amount of space you have.
She also talked about toddlers and said she
has just enrolled the people from her toddler list, and
she has one slot available at this point and that's all.
And even having that one is a rather unusual situation for
her. She says she usually has more than that. She says
it's a desperate need.
She says that also that hers is usually the
child cam facility that takes in the girls in the Trips
Program. And those of you who are not familiar with the
Trips Program, it is one done by the Denton Independent
School District and it works with the mothers, that is
young women who become pregnant while they're in school.
They're transferred during their pregnancy
over to a facility in the Fred Moore School building for
the duration of their pregnancy. And when their child is
born, they can either elect to return and finish their
schooling there or they can go back to Ryan or Denton High
School or, God forbid, to the middle school where they
were when they became pregnant before.
But the saddest filing she said was that as
important as it is to get these young women back in
school, that sometimes they cannot go back because she
doesn't have space for their babies and they don't have
anyone else to take care of the babies, which means then
Page 70
that they are out of school until they can fit that child
in.
So all of these people have told us it is
an absolutely dire need. We don't know at this point
whether we would set up something that would 4. we hope to
Page 71
1 We would be absolutely delighted if one of
2 them would have come forth and said, we'll use it as a
3 satellite, but no one has volunteered to do that yet. But
4 we do -- Ms. Williams mentioned that she did have an
5 employee who wanted to work with babies and who has some
6 experience with that, but she didn't have a slot for her
7 now. So there are some people out there~
8 And United Way has worked with some mothers
9 to set up in-home day care. And this group that I was
10 talking to today, they're focussing on these children in
11 day care, child care to do on February 21 st is Give a
12 Child a Smile Day. And those groups have joined together
13 with Crest Toothpaste, who's providing electric
14 toothbrushes, no less, to all these children in
15 kindergarten and in some of the preschools so that they
16 can learn how to take care of their teeth, for instance.
17 There are young people in our community
18 that not only do they not have a place to go during tile
19 day that's safe, they don't have much attention from
20 people. And as much as people like to say, well, it's
21 really the parent's responsibility, let's.face it, when a
22 young woman in high school or even in junior high has a
23 child, if she really know what ~o do, she wouldn't have
24 had that child in the first place, you see.
25 So her ability to actually raise this child
Page 72
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7 know whether what we would do is focus on babies, which
8 have specific requirements, or whether we would try to do
9 toddlers, but we want to work together so that between the
10 two, that we could provide the most assistance that these
11 women and families would need.
12 I was talking today with a representative
13 from the United Way, one from Texas Women's University
14 Dental Hygiene Service, and a dentist who heads the
15 Kiwanas Children's Clinic. They, too, were talking about
16 children and, again, talking about a cooperative effort.
17 One of thc things we have ali learned is that them is no
18 need for one of us to try to do everything, which is the
19 reason Denton Affordable isn't getting into child care.
20 We're only going to provide the building for the child
21 care to occur in. But that if you pull together all the
22 resources of the corrmmnity, you can do a lot more than you
23 can trying to pull something off by yourself. And that's
24 why we're trying to work with all of the existing child
25 care agencies.
1 ' is very, very limited. So we all kind of -- you can't
2 really say to the child, well, unfortunately, you were
3 bom to a mother who didn't know what to do. Forget you.
4 All of these people are part of our
5 community and so what we believe is you have to pitch in.
Everybody pitch in what you can and you help out.
And so our way of pitching in as the Denton
Affordable Housing Corporation is to provide this
particular facility to a person who will become a licensed
day care operator and they will operate this facility so
that those woman who come into transitional housing,
whether it's from the fact that they just have not managed
well and have gotten evicted from from their place, and
now Hope is working with them and they're getting on their
feet, or whether a woman who has come out of the women's
shelter with her family, because most of these people do
have children.
But this would allow them then to go out
and look for work and to get a job and actually work
comfortable that their child was being taken cam of. And
in this instauce,, being taken care of in a close proximity
to where they are living. So l"m happy to answer any
questions that you have.
COMMISSIONER APPLE: Thank you very much.
We do have a few questions. Co~ranissioner Holt.
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] COMMISSIONER HOLT: Yq~, Linnie, a couple
2 of questions. Who's going -- you said you're going to
3 hire someone to operate this. Where's the money coming
4 from for it to run?
5 MS. MCADAMS: Well, there am a number of
6 sources that we are looking at. Interestingly enough, for
7 grant writers, you can get monies from a number of areas
8 to start up day care or child care or some other services,
9 particularly when it is targeted to a specific population
10 such as this that you can show that by providing this
11 service, you enable these people to get on their feet and
12 move on. It's quite different than when you're looking
13 for some services that you're going to have to provide the
14 same services to the same people for the long haul.
15 COMMISSIONER HOLT: SO it's nonprofit?
16 MS. MC^D^MS: That's right, yes.
17 COMMISSIONER HOLT: And how many transition
18 homes would feed the children into this?
19 MS. MC~m^MS: Actually, you know, ][ just
20 know that we have over there for sure, we have those four
2i and then we have a house, and I'm not really sure how many
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Page 75
1 those expenses with them so that they learn how to manage.
2 COMMISSIONER HOLT: will it be on a.sliding
3 scale as Fred Moore's is?
4 MS. MCADAMS: YOS. Yes.
5 COMMISSIONER HOLT: And I'm still -- I'm a
6 little worried about the basic upkeep of thc facility,
7 long term. I mean,'I know you can get money to get it
8 started and, you know, hire W. achers and get equipment and
9 things like that. But what about the long-term upkeep?
10 MS. MCnO^MS: tf you're talking about the
11 structure itself, Denton Affordable Housing Corporation
12 will ensure, as we do with all of our leased properties,
13 they are very well maintained. We are happy to have you
14 go out and look at any of those and we would make sure
15 that the facility was maintained.
16 COMMISSIONER HOLT: And tbe playground and
17 the yard mowed and -- I'm chairman of the board at Fred
18 Moore and I know these prob!ems come up.
19 MS. MC_&t)^MS: That's right.
20 COMMISSIONER HOt. T: ^nd they're hard to
21 solve.
we have. And, Sheila, do you know how many we -- 207 She
says we have 20 transitional houses throughout the City.
COMMISSIONER HOLT: All over the City?
MS. MCADAMS: nh-huh.
COMMISSIONER HOLT: And so those will be
the only children that are eligible to go to this day
care?
MS. MEADAMS: The transitional children,
that's correct.
COMMISSIONER HOLT: Transitional children?
Page 74
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MS. MC~)~a~S: That's right, they are. But,
again, all the properties that we own, we see that those
things happen.
COMMISSIONER HOLT: SO you-all would take
Page 76
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8 COMMISSIONER HOLT: what is the average
9 length of stay in a transition home?
10 MS. MCADAMS: well, actually, it varies
11 because as you probably have heard, some people when they
12 -- some people don't even stay the length of time in the
13 shelter, but sometimes, particularly when they get out of
t4 the shelter, when things.get very, very difficult, maybe
15 within the first month, maybe two or three months, when
16 things get too difficult and they can't handle it, those
17 people will sometimes go back home.
18 We would expect, particularly with the
19 people who are trying to get on their feet, that they
20 would be there for up to a year in thc transitional
21 situation. Because Hope works with them, counseling with
22 them every month. They have to collect all of their
23 bills, every expenditure they make. If they go down to
124 the 7-11 and buy cigarettes, they must keep that receipt
25 and, in conference with their counselor, they go over all
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care of the maintenance of this property?
MS. MCADAMS: That's right.
COMMISSIONER HOLT: okay. Thank you.
MS. MCADAMS: unless, of course, you know,
somebody had a great deal and they said you don't need to
do this, we'll handle it for you.
COMMISSIONER HOLT: Right.
MS. MC. ADAMS: we'd certainly say yes to
that.
COMMtSSIONER APPLE: commissioner Mu[roy.
COMMISSIONER MULROY: Yes~ Linnie. You
mentioned they all had to pitch in. I certainly want to
thank you for pitching in the last 20, 25 years that I can
rmnember on every -- serving the community..
MS. MCADAMS: Thank you.
COMMISSIONER MULROY: ^nd you're a great
advocate for this. And we spent a lot of time on the
nfission. I just want to, if you would, for clarificatiom
underscore thc importance of this geographic location to
the mission.
MS. MC. ADAMS: well, it's an area that has a
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Fred Moore. And as I said, she has a waiting list always.
And right now she has available one slot in the toddler
ca,gory. That's all that's available.
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So it's heavily used. And she said if
anybody doesn't want this, please tell them to come and
visit me here at Fred Moore so they can see what the
problem is and I will tell them why we need the additional
COMMISSIONER MOLROY: BUt this location is
optimum as far as you're concerned?
MS. MCADAMS: It'S a wonderful location.
And I will tell you, the house that we're talking about
renovating belonged to Eva Swan Hedge who was a public
school teacher here many, many years ago. And we own the
property. It's a larg~ tot and her house had sat back on
the back. And we have the four-plexea on the front. I
know that she would be absolutely delighted, with her
concern for children, to know that her home was now
continuing to serve, to educate, in any form, children.
But it's a good place. There are trees.
COMMISSIONER MULROY: Linnie, has anybody
ever said no to you?
MS. MCADAMS: Oh, yes. Oh, yes. But this
time you'd be saying no to the children, not to me. If
we're unable to have a day cam in it, we just lease it as
a residence. But we just thought, even at the point when
we were saying, okay, we have to either do this or forgot
it, we kept saying -- I kept saying, I really want to
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housing units are right them in that ama. Them are the
four --
COMMISSIONER APPLE: If you'd speak into
the microphone.
MS. GIANNING: There are the four right in
front of the proposed child care center, the one house
that Linnie is talking about that is caddy-comer, and
then four more units on that same -- in the 400 block. So
talking about the --
COMMISSIONER MULROY: Right. Thank you for
quantifying that, Sheila.
MS. MCADAMS: Because if they, by any
chance, just had two out of nine, you could have 18 right
there.
COMMISSIONER MULROY: okay. Thank you very
much, Ms. McAdams.
COMMISSIONER APPLE: since there are no
other questions, I just have a quick one. And forgive me
if you already provided us with this. Is there an age
group? Is them a cut-off age at which they would be
allowed to --
MS. MCADAMS: what we will look at, what
the person who decides the operations will have to took at
is the clients and figure out what Hope and Friends of the
Family normally have and decide then what to serve.
Page 78
I check and make sure that somebody doesn't want to do this
2 before I say take this building and go ahead and renovate
3 it as a home and rent it. Because it seemed to me to be
4 an ideal location where children were.
5 Thc other thing that Ms. Williams and
6 others told me they were in desperate need of is
7 after-school care. And that's one of the things that the
8 Fred Moore School does not do at all. So, again, that
9 would be something that we could do.
10 The other advantage for this is that
11 Friends of the Family does counseling with the children,
12 also. Because as you might well understand, some of
13 these children are really scarred from what they've been
14 through. So they would come to this site and they would
15 be able to work with the children there in this particular
16 site. They'd be fight them and wouid work very well.
17 MS. GIANNING: TO answer your question,
18 nine of our 20 transitional housing units -- my name is
19 Sheila.
20 COMMISSIONER APPLE: could you please give
21 your full name for the record?
22 MS. GIANNING: sheila Gianning, I'm the
23 deputy director Of Denton Affordable Housing Corporation
24 COMMISSIONER APPLE: Thank yon.
25 MS. GIANNING: Nine of our 20 transitional
Page 80
I Because you have to get different kinds of licenses
2 depending upon what you are going to do. And so we would
3 be looking at, first of all, the possibility for serving
4 infants, certainly for the possibility of serving the
5 preschoolers, and then a consideration, if it w~re doable,
6 might be after-school care for those -- I don't know what
7 you would do, maybe first, second, third graders. I
8 haven't had young children in so long, I'm not sure when
9 they start staying by themselves. But what we would do is
10 look at the clientele and see what seems to be the most
11 reasonable thing to do to provide for these people.
12 COMMI§SIONER APPLE: SO yrall have not
13 gotten that far?
14 MS. MCADAMS: NO. NO, We'll2 working on
15 that with this wonderful group of people. And we're
16 always looking for volunteers. If you have anything to do
17 with child care or know anything about it, we're happy to
18 have you. Vicki, do you want to join us?
19 COMMISSIONER APPLE: I think it's a
20 wonderful idea. I was just laying to imagine 25 babies
21 and little kids as opposed to 25 12 year olds.
22 }ds. MCADAMS: YOU can't -- I don't believe
23 that we'd probably be able to have -- we probably couldn't
24 have 25 babies. I believe that the Fred Moore Center has
25 a room set aside for them and they can only, with two
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stuff, they can have
COMMISSIONER HOLT: Thro5 staff, ten.
MS. MCADAMS:
are different standards depending upon what you're going
to have. As I said, I don't know much about child care.
Really don't want to know that. I'm gerry..
COMMISSIONE~ APPLE; But you don't have an
upper range age at this point?
MS. MCADAMS: NO. BUt We really --
primarily, we are thinking of presehooI children. That's
really primarily what we're thinking of. It was Ms.
Williams at Fred Moore who said we really need
after-school care because we don't have that either in
this neighborhood and she said so many of these children
are home alone after school until their parents can get
So she said, if nothing else, that would be
a good area to look at. But t don't know how many of
those children would be -- I don't know whether that would
be the largest category that Friends of the Family and
Hope would be working. I just don't know that.
But because of State law, we would have to
choose something or we'd have to choose ca~gofies and
serve that. And that dictates your space. How much space
you have will tell what you can have depending upon the
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am against this. I live directly, I'm on file corner of
Cook and Mill Street which is right here, right there on
the comer of Cook and Mill. Okay. And to have a day
care, I'm not against them putting up a day care but they
can put it somewhere else. Denton Housing Affordable can
put it somewhere else.
She stated several things about file
neighborhood. I've been living there 25 years on that
corner, 25 years, and I know what type of traffic it is
without a day care. I don't wish my driveway or no other
people wish their driveways to be blocked or anything.
And to have a day care put behind those apartment duplex,
it doesn't even make sense. The area is not big. No
playground. There's no security or anything fight there.
And she talked about the neighborhood, if you got --
Denton Affordable Housing got all over the City o[ Denton,
they can put it somewhere else.
Another thing I heard that was stated was
that -- about the Fred Moore day care and people. Fred
Moore, the people that takes their children to Fred Moore
come from all over the City of Denton. It's not in that
area. Hardly any of thc people's children in that area go
to southeast Denton because they're all grown. Okay. Is
that a bell for me?
COMMISSiOneR ^PPLe: YOU have one minute
Page 82
I age group, as well as the number of staff.
2 COMMISSIONER APPLE: One other question
3 about activities. Have you given any thought to outdoor
4 activities?
5 MS. MCADAMS: There is enough space in the
6 back behind where thc area where these people would park,
7 because the people in the four-plexcs park back there, but
8 there's still -- it's quite a large lot and there's still
9 sufficient place to have an enclosed play area for the
10 children. Yes, we know they have to be outside.
11 Otherwise, people might get a little desperate. But, yes,
12 there' s ample recto for that.
13 COMM~SSrONER APPLE: okay. Thank you. No
14 further questions. We have three cards of people who wish
15 to speak. Do we have anyone in the audience who wishes to
16 speak in support of this Agenda item? Then we do have
17 ifa'ce cards from people who wish to speak in opposition.
18 Tile first is Mareella Franklin. If you'd just give us
19 your name and address, please.
20 MS. FRANKLIN: Yes. I'm Marcella Franklin
21 at 317 East Mill here in the City of Denton. And could I
22 have the opposition nmp put up, please?
23 ' COMMISSIONER APPLE: pardon me?
24 MS. VR~N~Ct. ttq: could I have the opposition
25 map put up? Okay. I just wanted'to talk a little bit. I
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left.
MS. FRANKLIN; 'I didn't hear it on no one
else. Okay. And another thing I want to address to them
is that everybody in that area is elderly people,
homeowners. And, as far as them talking about bringing
people in here and there, there's no one over there like
that. And the people that got up and made the statement,
they're not over there. We are against that. Every
neighbor -- every neighbor over there in that area is
against the day care. I've walked and talked to them.
They are against that day care. And I hope that y'all
vote that this does not be approved tonight. Thank you.
COMMISSIONER APPLE: Thank you, Ms.
Franklin. And just so you're aware of our procedures, the
people who are presenting their case get 15 minutes which
is why you didn't hear time called on them. People in the
public heating to speak get three.
MS. FRANKLIN: Okay. No, I wasn't aware of
that, but thank you.
COMMISSIONER APPLE: That's okay. And that
might be helpful to someone else.
MS. FRANKLIN: Okay. Thank you.
COMMISSIONER APPLE: YOU beL The next
person we have a card from is Petemia Washington. Hi.
If you'll give your name and address, please.
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Page 85
I MS. WASHINGTON: ,Sure. My name is Peternia
:2 Washington. I Iive at 618 East Prairie in Denton, Texas.
3 I bring you greetings from our chairwoman, Ms. Carolyn
4 Phillips who would have been here tonight but she's in a
5 classroom earning a lawyer's degree tonight. I'm here
6 representing the Southeast Denton Neighborhood
7 Association. I am their vice president.
8 We have some concerns. I am here to speak,
9 you know, against this spot zoning that has been asked by
10 Denton Affordable Housing Corporation. Number one, I
11 would ask that you use the stone formula that you just used
12 with the previous case. This is an itsy bitsy scrunched
13 up area. This is a terrible spot to want to put a child
14 care center. And, surely, Ms. Holt can speak to the
15 issues of parking, double parking, safety. Surely, out of
16 ail the properties that Denton Affordable Housing has,
17 they can put it someplace more conducive to safety, to,
18 you know, just being more compatibility with thc
19 neighborhood.
20 You know, just because there's a need, you
21 wouldn't put it out in the middle of a swamp, so why put
22 it right there in that spot. You would surely, you know,
23 just mess up the neighborhood.
24 And Ms. McAdams said that, you know, the
25 neighborhood is poor, economically challenged. Well, she
Page 86
1 herself said that only people in transitional housing
2 would be able to, you know, access that nursery. So
3 nobody who actualty lives in that neighborhood would be
4 able to do that who has been there for awhile. So i'm
5 just here to say that the Southeast Denton Neighborhood
6 Association is against any spot zoning and we're against
7 you, you know, voting in favor of this. Thank you.
8 COMMISSIONER APPLE: Thank you. Thc final
9 card we have is from Jacob Henry.
10 MR. HENRY: I'd like to speak to the pane[
11 here. Thank you.
12 COMMISSIONER APPLE: Just give us your name
13 and address for the record, please.
14 MR. HENRY: Adolphus Henry, 400 East Mill.
15 COMMISSIONER APPLE: Thank you, sir.
16 MR. HENRY: Okay. And I've lived there for
17 52 years. So when we're talking about zoning and
18 rezoning, I'm not just against that project that we're
19 here to discuss. I'm talking about the whole cmmnunity.
20 See, we~ve been asked to absorb three
21 apartment complexes within 200 yards. You had one at
22 Cross Timber and Mill Street and then the one at Cook
23 Street and Mill Street, and now you're talking about
24 putting a day care behind the one that's on Mill and Cook.
25 Well, what I'm saying is that is within a
Page 87
1 200 yard area. There's one entrance to that l~articular
2 location. You're talking about a safety hazard there
3 because you have an apartment, then you're bringing
4 children in. And then who's going to -- how are you going
5 to get in and out? You have one entrance, no exit. So
6 I'm opposed to it.
7 Allen Street is a one-way street. It deads
8 right into my driveway. Cook Street deads into the
9 driveway of the complex of where you're talking about
10 putting this day care and which this apartment building is
11 right in front of. All of this was built in 2000.
12 So within one year, you've asked 200 yards
13 to absorb an apartment complex~ three apartment complexes
14 and one day care center. Now, for 50 years I lived there
15 and I never seen an apartment.
16 So Pm saying if you zone this, then what
17 am you saying you're going to zone the whole conununity
18 industrial? This is a neighborhood. That's on a 50 --
19 that lot which they're talking about that Ms. Hedge owned
20 was not Ms. H0dgc's. Mr. Clarence Jackson owned that lot.
21 Thank you.
22 COMMISSIONER APPLE: YOU still have a
23 minute, sir. That's just your warning.
24 MR, HENRY: okay. Mr. Clarence Jackson
i25 owned that lot the whole comer and back to Ruth Street
Page 88
1 and he gave that to Ms. Eva Hedge. So let's correct that.
2 So now I'm saying that that is a residential area. Those
3 are 50 X 175 lots. That apartment building, each one was
4 built on 50 X 175 lots which you converted into commercial
5 business.
6 Well, now what happens to us homeowners?
7 You're saying we're going to industrialize the whole
8 community because I saw it happen on Prairie Street, I
9 don't know where anywhere in the United States where there
10 would be a concrete plant in thc middle of a residential
11 district. But I'm saying we should not have that. Thank
12 you.
13 COMMISSIONER APPLE: Thank you, Mr. Henry.
14 We have no more cards but if there's anyone in the
15 audience who wishes to speak regarding this item, we'd
16 certainly entertain them. If you'll please come down and
17 give your name and address.
18 MS. ATK~NS: Barbara Atkins, 2201 Spencer
19 Road in Denton. I'm the executive director for Hope,
20 incorporated, and came out of interest for the project as
21 one of the partners in this partnership that does work
22 with the transition housing families in the community.
23 What we've attempted to do is use city,
24 state, federat resources and the donations from the
25 community to take a group of families with children that
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are fairly expensive to deal with to move towards
sci f-sufficiency.
And the families that we do work with in
this program, and there will be 20 un[ts spread about the
City, but about nine of them in this neighborhood where
they can walk to this site, which was one of the reasons
that we wanted to look at that to absorb, had the desire
and ability, as MeAdams said, to really move towards '
self-sufficiency and try to work back into the community.
And we have found that the children from this population,
homeless population, federally defined, have very special
needs. And they need more attention.
One of the o~er things and I hope Pm not
stepping out and in that we have discussed, because as
Linni¢ said, thc partners that are there now are not child
care providers. We're looking for that piece of the
puzzle to come in with the other three agencies that are
workingl
But we would like -- we have discussed with
this group that's working in a task force from thc
universities and it's expanding to other providers in the
community, to also perhaps use this site not just for the
families that are in transition housing, we don't know
yet. We don't know what the needs arc and where we need
to go. But there might be the instance that someone from
Page 90
I the neighborhood or another shelter, as the community
2 grows, might need some day care.
3 Again, and I know ~at -- I can imagine
4 that the traffic concerns would be for the residents.
5 Most of the families there now could walk to the center
6 and out. And we would like input from the community in
7 that neighborhood to see if there might be some other uses
8 for that facility, after-school, some counseling type
9 facility that we might could use it for, too, when the
10 building is not in use for child care.
11 COMMISSIONER APPLE: thank you. Is there
12 anyone else in the audience who wishes to address this
13 item? Seeing no one coming forward, would you like
14 rebuttal time?
15 MS. MCADAMS: Thank you. And very quickly,
16 let me say that the one lady mentioned a lack of security.
17 We are well aware of the requirements for security and
18 Denton Affordable Housing Corporation will fully provide
19 what is required in terms of security. That's not a
2o problem.
21 As Barbara just mentioned, there was talk
22 about all the traffic. Nine units in the area are within
23 · walking distance. They are down the street, across the
24 street in the same block as this particular day care
25 center. So it is not something that would necessitate
Page 91
1 driving to.
2 And as for this being somehow different,
3 let me just suggest, and I'm sort of -- I don't mad these
4 too we[[, but adjacent here is another four-plex. It
5 happens to be owned by Councilman Rcdmon, so I'm just
6 going to point out that the area is not totally
7 single-family, as might have been suggested.
8 Our houses'are not different than what's
9 already there. He has a four-plex just separated by -- I
10 think it's 326 Mill is a four-plex that he owns there.
11 There is -- we have a house at the comer of Cross Timber
12 and Mill. Next to it is a duplex that, most surely, has
13 been there since the early 50's. You skip a house on
14 Cross Timber and there are four or five units there that
15 are rental. Well, they're a little difficuR to describe.
16 But, anyway. There are lots of houses there, units there,
17 smrte of them multi-fmrfily other than just ours.
18 We're not talking about a zoning change
t9 here. These zoning kinds of things are already in
20 existence and have been for quite some time. So we're not
21 doing anything new. We're just trying to provide a close
22 by site for these families to take their children. A
23 place that's safe. A place that will be less expensive.
24 Something that they can afford so that the children are
25 not left alone~
Page 92
1 And I hear the statements, there are no
2 children there. I know for certain. I happen to know
3 three children up on Ruth Street. One of which is~ you
4 know, just barely a toddler. So there are children in the
5 area.
6 So I'm, again, happy to answer any
7 questions. But ! think those were the basic objections
8 that were raised. And we certainly will take care of
9 those.
10 COMMISSIONER APPLE: Thank yOU.
11 Con'mfissioner Johnson.
12 COMMISSIONF~. JOHNSON: Yes. I do have a
13 question. How many workers will be at this child care
14 center?
15 MS. MCADAMS: ~t will depend upon the
16 population because the State is very strict about that.
17 And it will --
18 COMMISSIONER JOHNSON: Can you guess?
19 MS. MC~D^MS: well, we said if they decided
20 to do babies, they would need three workers for ten
21 babies, and that would probably bc as much as you could do
22 in that size.
23 COMMISSIONER JOHNSON: would there be
24 enough parking for any number of workzrs that you might
25 happen to have there?
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MS. MCADAMS: Yes. There's adequate
parking, yes.
COMMISSIONER JOHNSON: okay.
MS. MCADAMS: Not a problem at all.
COMMISSIONER JOHNSON: And you said that
this would serve, like, 20 properties and nine of them are
in the neighborhood, right?
MS. MCADAMS: That is col2'ect, yes.
COMMISSIONER JOHNSON: okay. How do the
folks get there from the other 11 ? Are they bussed or do
they come in private automobile or what?
MS. MCAD^MS: They would come in private
automobiles. But you realize we're talking about dropping
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COMMISSIONER ROY: This is a difficult
case.
COMMISSIONER APPLE: I;m sorry. I thought
you were -- we need a second before we can discuss. I
thought you were going to second the motion. Sorry. We
have a motion. Is there a second?
COMMISSIONER JOHNSON: I'll second for
discussion.
COMMISSIONER APPLE: All right. Wc have a
motion and a second. Now it's open for discussion.
Commissioner Roy.
COMMISSIONER ROY: Thank you. As I was
saying, this is a difficult case. The traffic issue
off. We're not talking about staying there.
COMMISSIONER JOHNSON: Right. And they
would drop off -- because wifli Fred Moore there, I don't
know what the traffic is like in that neighborhood. Would
they likely drop off at peak traffic times? Would that be
the cause of the traffic concerns?
Ms. Me,YAMS: tt would not be necessary to
go past the Fred Moore facility in order to get to this
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bothers me more than anything else. Pulling into that
site and pulling back to the home in the old residence in
the back, there's no way to have a circular in and out.
People are going to have to come in, park,
take their child in, and back out. It just realty is an
awkward situation. I wish there was an easy solution for
that. That would make it a lot easier for me. It's just
a feeling that I have. Thank you.
one at all. You would come in, if you went down Robertson
Street and came up Mill that way, you would turn into our
driveway. If you cam~ in the reverse, came in from the
west, again, you'd be on Mill Street, you'd turn into our
Page 94
driveway, you'd go back out the same way. You would not
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COMMISSIONER APPLE: Thank you.
Commissioner Holt.
COMMISSIONER HOLT; Yes. I'm wearing two
hats tonight and I'm going to have to put my Fred Moore
Page 96
child care hat away tonight. There is nothing needed more
need to go by Fred Moore at all.
COMMISSIONER JOHNSON: or the Fred Moore
- Day Care Center?
MS. MCADAMS: The day care center is what I
mean. You would not need to go down there.
COMMISSIONER JOHNSON: okay. Thank you.
COMMISSIONER APPLE: Thank you. Since the
meeting began, we have received one other notice of
opposition from Vicki Brown at 312 Mill Street.
And then we received two notes in
opposition, one from Shawn Jones at 308 Milt and Janie
D-E-M-E-Y-E-R at 308 Mill, also. Staff have any final
comments? Thank you. I'I1 close the public hearing and
open it for Conunissioner's comment.
COMMISSIONER MULROY: Madam Chairman.
COMMISSIONER APPLE: commissioner Mukoy.
COMMISSIONER MULROY: I would hke -- 'f'm
ready to make a motion. And with all respect to the
2 in Denton than care for young children. But as my job is
3 sitting on this Commission, I have voted time and time
4 again to protect the neighborhoods.
5 And because of the traffic situation and
6 being familiar with how day cares are mn and how much
7 traffic in and out there is, and they're talking about
8 having meetings at night and counseling. And I will help
9 them find another site. I really feel so strongly about
10 this. I will really look and really help them. But I
11 just don't feel like this site is appropriate for this
12 particular use.
13 COMMISSIONER APPLE: commissioner Powell.
14 COMMISSIONER POWELL: Thank you, Madam
15 Chairman. We heard how this was not a zoning change but
16 what we have here is an sup. ^ zoning change, it's a
17 totally different use for this property. It's a change.
18 And I can't help but notice that of the properties most
19 affected by this change, all of them on this map are red.
neighborhood comments to the negative, I'm going to make a
motion to pass this sup with two conditions. One, the
lighting as stipulated in our package and second being
that a licensed child care provider shall operate the
child care facility. So I move approval of the svP.
COMMISSIONER APPLE: Coi13.miss[0ner Roy.
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The ones that are not red face different streets rather
than the street that this property is on. Thank you.
COMMISSIONER APPLE: Thank you.
Commissioner Watkins.
COMMISSIONER WATKINS: Thank you, Madam
Chair. I don't know of anyone that's done more than
PLANNING AND ZONING COMMISSION FEBRUARY 12, 2003 Page 93 - Page 96
CondcnscltTM
Page 97
i Linnie has for the people of Denton. But I'm mazed at
2 the neighbors, the people that actually live there don't
3 want this.
4 And as much as I want from the Lion's Club
5 and other -- Ms. Brody when she first set up the first
6 one, from that time, but I'm amazed the neighbors don't
7 want it. And I can't vote against the neighbors. I would
8 join with Ms. Holt in trying to find another location
9 because it is certainly needed. And I feel tike
10 Commissioner Roy, it's not'a good vote.
l I COMMISSIONER APPLE: Thank you. I will be
12 · voting in favor of the current motion only because I think
13 that the traffic problems that people keep bringLng up are
14 not going to be a problem. Having worked with some of
15 these people, they don't have cars to drive.
16 They're going -- a tot of them are going to '
17 be walking. Maybe one car will have four children in it.
18 It's not -- if it's a maximum of 25 children, I just -- I
il9 can't see that being a huge traffic problem. And I do
i20 think there is a great need for this and I applaud them
21 for giving this a try. Commissioner Mulroy.
22 COMMISSIONER MULROY: well, it's pedestrian
23 friendly, tike the new Code asks for. I really do
24 understand both sides of the equation. And I just have to
25 reassert or lean into, you know, the nature of the
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Page 98
building. The construction is not going to change. And,
yes, there may be some congestion traffic-wise and there
will be mom people than maybe you're accustomed to seeing
at that one location. And that may be an inconvenience to
a degree, but the offsetting gain of trying t° solve a
problem to, you know, centrally locate and have an anchor
to solve a social problem that's everybody's burden,
including that neighborhood and my neighborhood, whatever,
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Page 99
why 'I'm voting fl~e way ¥ am.
Seeing no more discussion, vote please.
Motion carries 4-3.
(COMMISSIONERS WATKINS, HOLT AND POWELL
VOTED IN OPPOSITION)
We have had a request for a break so we are
going to adjourn and reconvene at 9:00 o'clock.
(Break taken.)
you know, to support this innovative action, I think
merits, at least, the opportunity. If it is too much
traffic or if we have a security problem or whatever, as
time goes on, then they would, I would assume, change
locations because it would prove lo be impractical. But
I'm willing to take that chance to at least get the foot
forward to solve this problem. Thank you.
COMMISSIONER APPLE: I just want to add one
· more comment that I meant to mention earlier. The place
as it is designed now is going to draw, as the people
mentioned, from the four homes that are directly adjacent
to this. With concerns to parking, there are in existence
currently 15 parking spaces. So it's -- someone asked the
question earlier if there would be sufficient parking. I
can't foresee that if it can onty hold 25 children, that
there would be 15 workers. So I would think that the 15
parking spaces would be adequate. Just more backup for
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Page 100
PLANNING AND ZONING COMIVIISSION FEBRUARY 12, 2003 Page 97 - Page 100
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A CHILDCARE FACILITY ON APPROXIMATELY 0.72 ACRE OF LAND
GENERALLY LOCATED ON THE SOUTH SIDE OF MILLS STREET AT COOK STREET AND
COMMOMLY KNOWN AS 320 MILLS STREET, WITHIN A NEIGHBORHOOD
RESIDENTIAL 3 (NR-3) ZON1NG 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. (Z02-0063)
WHEREAS, DeNon Affordable Housing Corporation has applied for a specific use permit
for a childcare facility within a Neighborhood Residemial 3 (NR-3) zoning district classification and
use designation on approximately 0.72 acre of land generally located on the south side of Mill Street
at Cook Street and commonly known as 320 Mill Street, as more particularly described in Exhibit
"A' attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on February 12, 2003, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a childcare facility; and
WHEREAS, the City Council finds that the Specific Use Permit is consistem with The
Denton Plan; and
WHEREAS, in accordance with Subchapter 6 of the Developmem Code of the City of
DeNon, Texas, the City Council finds that all of the following conditions exist:
The childcare will be compatible with and not injurious to the use and enjoymem of
other property nor significantly diminish or impair property values within the
immediate vicinity; and
The establishmem of the childcare will not impede the normal and orderly
developmem and improvemem of surrounding property; and
Adequate utilities, access roads, drainage, and other necessary supporting facilities
have been or will be provided; and
The design, location, and arrangemem of all driveways and parking spaces provides
for the safe and conveniem movemem of vehicular and pedestrian traffic without
adversely affecting the general public or adjacem developmems; and
Adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration; and
Directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
There is sufficiem landscaping and screening to ensure harmony and compatibility
with adjacem property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations comained in the preamble of this ordinance are
incorporated herein.
SECTION 2. A specific use permit to allow a childcare facility within a Neighborhood
Residemial 3 (NR-3) zoning district classification and use designation on the Property is hereby
approved, subject to the following conditions:
1. Developmem and operation of the childcare care facility shall be in accordance with
the site plan on file in the City Planning Department, a copy of which is attached hereto and made a
part hereof as Exhibit "B".
2. All lighting within the proposed developmem must be in compliance with the Light
and Performance requiremems established by the Developmem Code.
3. A licensed childcare provider must operate the childcare facility.
SECTION 3. Notwithstanding the description of the Property, the property being rezoned
includes all property to the cemerline of all adjacem street rights-of-way.
SECTION 4. That the City's official zoning map is amended to show the change in zoning
district classification.
SECTION 5. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense.
SECTION 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 DeNon Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the __ day of
,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 3
Exhibit A ~
I~TES ~ 80UNOS
0.72 ACRES
320 M~/ STREET
FIELD NOTES to oll that certain Iol. tract, or p~'cel al fend situated in Ihe ALEXANDER
SURVEY, ABSTRACT NUMBER 625. i~ the City of Denton, Oenlon County, Texas and berg
re-survey of o Called 0.719 acre tract descrd3ed ut lhe Deed from Johnny Croblree end Oov,d
Hunler to Ouenhn E. Young. recorded i~ VoMme 4408, page 492, of lhe Real Property
Records o! Oenton County, Texas, the subjea! tro,-t bei~9 more particularly described os
foRo~s:
BEGINNING for the Northvest corner of Ihe tract being descr~oed herein of a capped iron rod
found, some being in lhe South line of o public roodvoy posted os East Mai SJreel, end being
Ihe Norlheost corner of a coned Lol 3, BlOCk I. of Mil Sfreel Addition. ~n oddilion tO the City
of Denton, Oenton County, Texas according fO Ihe prat thereof recorded i~ Cae~net Q, Page
208. of the PIol Records of Denton County, Texas:
THENCe: South 88 Degrees 41 Minutes OS Seconds East ~th fha Smsth lute of smd East M~
Slreet o distance of t28,05 feet to t/2-inch i~on rod f~ for corner, s~e be~g the
Northwest corner of a co,ed Second Tract des~ee m she d~d from 8~y Roy Redmon !o
Raymond Radmon ~ecorded in Vol~a 44~6, P~e 173S. o~ ~he ReM Property Records QI
Denton County, Texas;
THENCE South O00e§ree lB Minutes 42 Seconds West ruth the West I,~e of smd Re,roan
Iroct ~d the EOSI line of SOld 0.719 a~e tract ~g or ne~ · fete a ~slonce of ~4.07
feet Io a I/~-~ncn iron rnd fo~d for corner QI t~ ~se of o tree ~d berg the Soulh~esl
cotne~ of sa,d Re,man TrocI:
THENCE Soulh 87 Oegrees 26 I~nules 20 Seconds EosI ~qlh lhe Soulh line of smd RecImon
TroCl O alliance of OO.9.~ feet Io 0 f/g~mCh a'on rod fo~d f~ corner n fha West I~ of
~tock II Of Roberlson AddS,on, ~ nd~h~ 10 the Cay of Oent~, Oenlon Co. fy. Texul
OCCOr~n9 lO Ihe plQI thereof reco~nd ~ Volume ~, Page ~, ~Ot Recede of Oeo*on Co.fy,
Texas:
THENCE Soulh OI Oegree O0 Minutes 26 Seconds Welt ~th the West I~e of smd Block I~ of
sa~d Robectson Addd~on a Chstonce of 49.91 feet I0 · 3/4-tach .r~n rod found for the
Soul,east corner of Smd 0.7;9 acre I~OCI, ~d be~9 lhi NorlheosI COrner of Lot 2. 8lock
of sold Robertson Ad~hon:
THENCE North 87 Degrees 22 M~nutes 25 Seconds West with the North line of smd Block
of sa,d Roberlson Addd:on O d, stonce of 210.49 feel 10 a i/2outch a'on rod found for the
$outhvesl corner of so~d 0.739 acre tract, lame being fha S~theQ$1 corner of 0 tract of
land ~escrJbed ut the deed from Ihe Oent~ Hdepend~t ScUM O,slr~cl to O~ono R. Block
(ecor~e~ ~ Volume 4351, Po~e ~83. o~ the ReM Property RecMds of Demon Co--fy,
THENCE North O0
al, stance of 210.90
or less.
Oegree 51 Nbnufes 16 Seconds Eoll yah the East tree of so:d 81ack Troc! a
feel to Ina POINT OF' BEGIl~llNG, end enclos,ng 0.72 octet of lend, more
Th~s Plot correclly represents ihe resulls of en on-lhe-~'ound sm'vey mode under my
aztecS,on ond superws~on on 0.~-21-01, There ore no w$~ble or Opporenl utlcus:o~s, proIrusmfls
or eosemenfs except OS shorn hereon.
NOTE: Th~s survey vas conducted wfhout ihe benefit of o Scheaule A 8~ B.
J.E. THOMPSON R.P[.~'°~N~ 4B$7
JOb No. 010492
FLOOD STATEMENT: I hove examined Ihe FEMA Flood Insurance Role Map for Ihe Cily of
Denton. Oento~ County. ~e~es. Co~uml~ Number 4~0394. Pedal ~60 ~, ellechve dote
4-~-97 and Ih~s moo ~nd~coles fhGl t~s properly iS ~ N~-Shode~ ,?.ONE X ~h~Ch ~$ delmnd
as 'Areas aelerm~nea f0 be ouls~de the 500-yam flood:
12-02-02A10:19 RCVD
Owner/Developer:
Existing Zoning:
~SJte size:
Proposed Use:
$ignage:
Utilities:
Landscaping:
Exhibit B
Denton Al~0r~ble-Hbfi~ifig
Corporation
NR 3 (Adjacent properties
consist ofa mLx of single and
multi-family residential)
0.72 acres total
Existing 1,986 sq. ft. one-story,
single =family residential dwelling
located toward rear of site to be
conver~ed to a child-care center
for an estimated 25 pre-school
aged homeless children from
families participating in the
Tro~siflon~d Housing Pr~gra~
No signs will be installed
Underground utilities installed
Sprinkler system instaD~
Vicinity Map
316 Mill and 320 East Mill Street
Scale 1" = 20'
North
lof2
l
J~ 316 Mill . ' -" ' - "
I tInJr t flNt~ Z [ tltJ,r ~ tl~T q
J[ Four singl~o~ ~d~m units :. ' . I ~ .
.
~2~2,~ .~16 Mill and 320 East Mill Street
Location
Building
Area
HOurs of'
Operation
Number of
Employees
Parking
.Spaces
Landscaping
Screening
Lighting
-Pedestrian
Connectivity
Site Plan Addendum
320 Mills Street
Approximately 2,000 square feet
7:30 am - 6:00 pm weekdays;, occasional counseling
sessions during evenings.
4 - 6 employees, depending upon the ages of Children; No
residential staff is proposed.
6 parking spaces
A minimum of 10 foot landscape area with one tree for every
· 30 linear feet along the south and east property lines and
shrubs around the perimeter of the chitdcare center will be
provided. Existing mature trees on site will be preserVed.
Replacement of the existing chain link fence with a wood
fence constructed with steel posts and a decorative cap with
the good side of the fence facing the residential uses along
the east and south.
Security lighting will be installed on the area assooiated with
the childcare facility.
Walkways from the parking area to the childcare
center and from the center to the playground area will
be constructed.
Page 2 of 2
AGENDA DATE:
DEPARTMENT:
CM:
AGENDA INFORMATION SHEET
April 1, 2003
City Manager's Office
Mike Conduff, City Manager
SUBJECT
Consider nominations and appoimmems to the City's Boards and Commissions.
BACKGROUND
At the February 18 City Council meeting, Council Member Redmon nominated Willie Hudspeth
to the Human Services Advisory Committee. This nomination needs to be voted on.
The following is a list of currem Board/Commission vacancies:
Lisa Zottarelli has moved out of the city limits of DeNon. She was on the Animal Shelter
Advisory Committee. This is a nomination for Council Member Momgomery.
Bob Ralph has resigned from the Historic Landmark Commission. This is a nomination for
Mayor Brock.
Lanelle Blamon has resigned from the Historic Landmark Commission. This is a nomination for
all of Council.
Rudy Moreno has resigned from the Library Board. This is a nomination for Mayor Pro Tem
Burroughs.
If you require any further information, please let me know.
Respectfully submitted:
Jane Richardson
Assistant City Secretary
HANDOUT TO COUNCIL
This petition is in opposition to the proposed zoning change allowing the
placement of a gas well site north of Ocean Drive and the Teasley Harbor
Development. Those residents signing this petition feel that the placement
of this gas well site may affect their property values, impose a safety hazard
to their new neighborhood, and cause unwanted heavy equipment traffic.
Please accept this petition as considerable opposition to said zoning change
and bear it in mind when making your decision.
Thank You,
Teasley Harbor Residents Signing Petition
Petition to Oppose Proposed
Well Site #1 located north of Ocean Drive
Z03-0003
A B C
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84/81/2883 18:23 9484847832 DENTON AFFORDABLE HS PAGE 81
I:IAHC. Oe.ton Affordable HouainEI ('-orporation
~)04 N, E~811 Avenue
~840] 484-70~8
(8z1[3 41~4-7[]~ Fax
A, pdl 1, 2003
V~FAX
City of D~lton
Mayor and City Counell
215 E. McKInnay St.
Denton, TX 76201
Re: Special Use Pemlit
Dear Mayor end City Council:
Please witltclraw Denton Affordable Housing Corporation's application for a Special Use Permit
fora Chlldcam Center at 320 Mill St.
Execullve Director