HomeMy WebLinkAboutJanuary 7, 2003 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
January 7, 2003
After determining that a quorum is presem, the City Council will convene in a Work Session on
Tuesday, January 7, 2003 at 5:30 p.m. in the Council Work Session Room at City Hall, 215 E.
McKinney Street, Denton, Texas at which the following items will be considered:
Hold a discussion regarding minority hiring practices in the City of Demon
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of January 7, 2003.
NOTE: The City Council reserves the right to adjourn imo 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 Demon City Council on Tuesday, January 7, 2003 at 6:30 p.m. in
the Council Chambers at City Hall, 215 E. McKinney Street, Demon, Texas at which the
following items will be considered:
1. PLEDGE OF ALLEGIANCE
e
e
U.S. Flag
Texas Flag
"Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible."
PROCLAMATIONS/PRE SENTATIONS
Proclamations/Awards
Resolutions of Appreciation
1. Consider approval of a Resolution of Appreciation for Jerry Clark.
2. Consider approval of a Resolution of Appreciation for Kenny Kirkland.
3. Consider approval of a Resolution of Appreciation for Mike Bateman.
CITIZEN REPORTS
Receive citizen reports from the following:
2.
3.
4.
5.
Ross Melton: Code Enforcement, the Council, Attorneys and the budget.
Ed Soph: think of the children.
John Paul Eddy:
Willie Hudspeth:
Peternia Washington:
a message for the water tower.
citizen concerns for Southeast Denton.
issues with the Parks Department.
City of Denton City Council Agenda
January 7, 2003
Page 2
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 Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda items A-H). 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-H below will be approved with one motion, if
items are pulled for separate discussion, they will be ~ansidered as the first items following
approval of the Consent Agenda.
mo
Consider approval of the minutes of November 12, November 19, November 20,
and December 10, 2002.
Consider adoption of an ordinance authorizing the City Manager to execute
Change Order Number One to the contract between the City of Denton and Jones
and Jeffery Construction Company; inc. providing for the expenditure of funds
therefore; and providing an effective date (File 2946 - Bid 2900 Evers Park
Parking Lot improvements Change Order One in the amount of $177,130).
Co
Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of a Type 11 Transit Bus; providing for the expenditure
of funds therefore; and providing an effective date (Bid 2867 - Transit Bus
awarded to Lasseter Bus and Mobility in the amount of $174,246).
Do
Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for the payments by the City of Denton for Electrical Energy
Transmission fees to those listed cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (Purchase Order
108983 to American Electric Power in the amount of $65,999, Purchase Order
108984 to Reliant Energy in the amount of $81,484.25, Purchase Order 108985 to
Oncor/TXU in the amount of $84,590.25, and Purchase Order 108986 to Lower
Colorado River Authority in the amount of $54,566 for a total amount of
$286,639,50).
mo
Consider approval of a resolution by the City Council of the City of Denton
relating to the issuance of Bonds by the North Texas Higher Education Authority,
inc.; approving the issuance of such Bonds and the use of the proceeds of such
Bonds; and making certain findings in connection therewith; and providing an
effective date.
Fo
Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Third Amended Contract for Professional Legal
Services with the Law Firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P. for
services pertaining to continued partial electric generation divestiture issues;
authorizing the expenditure of funds therefor; providing for retroactive approval
of the agreement; and providing an effective date.
City of Denton City Council Agenda
January 7, 2003
Page 3
Go
Consider approval of a resolution amending Resolution No. R2002-054 of the
City of Denton, Texas adopting the City of Denton's 2003 State Legislative
Program; providing a repealer; and providing an effective date.
H. Consider approval of tax refunds for the following property taxes:
Name Reason
Tax Year Amount
2. ACLP Swisher Road Commercial c/o Erroneous Payment
Today Realty Advisors Inc.
2001 648.51
5. PUBLIC HEARINGS
mo
Hold a public hearing and consider adoption of an ordinance granting approval of
an off-site sub-surface use of North Lakes, Denia Park and Airport Open Space
Park for the purpose of oil and gas drilling operations in accordance with Chapter
26 of the Texas Parks and Wildlife Code; providing for an oil and gas lease; and
providing an effective date.
Bo
Hold a public hearing and consider adoption of an ordinance granting approval of
a surface use of a portion of the Denton Branch Rail Trail at Walton Road
Milepost 727.6 for the purpose of a public street easement in accordance with
Chapter 26 of the Texas Parks and Wildlife Code; providing for a utility
easement; and providing an effective date.
Co
Hold a public hearing and consider adoption of an ordinance rezoning three
parcels, totaling approximately 0.3 acres from a Downtown Residential 1 (DR-l)
zoning district to a Downtown Commercial General (DC-G) zoning district. The
property, commonly known as 715, 716, and 808 Pacific Street, is generally
located between Carroll Boulevard and Pacific Street 200 feet north of Eagle
Drive. Office uses are proposed. The Planning and Zoning Commission
recommends approval (7-0). (Z02-0042, 715, 716 & 808 Pacific StreeO
Do
Hold a public hearing and consider adoption of an ordinance rezoning
approximately 0.5 acres from a Downtown Residential 1 (DR-1) to a Downtown
Residential 2 (DR-2) zoning district. The site is generally located at 910 and 912
Avenue A at the southeast corner of Fannin and Avenue A, south of Eagle Drive.
Multi-family residential is proposed. The Planning and Zoning Commission
recommends approval (7-0). (Z02-0059, Darnell Addition)
mo
Hold a public hearing and consider adoption of an ordinance granting a Specific
Use Permit to allow a wireless communications tower over 85' high on
approximately 0.44 acres. The site is in an Industrial Center Employment (lC-E)
zoning district. The subject property is commonly known as 303 East Massey
Street. A 195' wireless communications tower is proposed. The Planning and
Zoning Commission recommends approval (7-0). (Z02-0055, Titan Towers)
City of Denton City Council Agenda
January 7, 2003
Page 4
Fo
Hold a public hearing and consider adoption of an ordinance amending Ordinance
99-439, regarding a Comprehensive Plan Amendment, from Employment Center
to Neighborhood Center. The area for amendment encompasses approximately
2.0 acres. The site is generally located at the southeast corner of the Mingo Road
and Mockingbird Lane intersection. Residential uses will continue at this site.
The Planning and Zoning Commission recommends approval (7-0). (C402-0005,
1708 and 1702 Mockingbird Lane)
6. ITEMS FOR INDIVIDUAL CONSIDERATION
mo
New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
Bo
Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
Co
Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Do
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of 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.
01/07/03 WS #1
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM:
January 7, 2003
City Manager's Office
Michael Conduff, City Manager
SUBJECT
Hold a discussion regarding minority hiring practices in the City of Demon.
BACKGROUND
Council Members Raymo nd Redmon, Jane Fulton, and Michael Phillips requested this
item.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None.
FISCAL INFORMATION
None.
Robert Hanna
Council Assistam
01/07/03 Item #4A
CITY OF DENTON CITY COUNCIL MINUTES
November 12, 2002
After determining that a quorum was presem, the City Council convened in a Planning Session
on Tuesday, November 12, 2002 at 4:30 p.m. in the City Council Work Session Room at City
Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill,
Momgomery, Phillips, and Redmon.
ABSENT: None
1. The Council received a report, held a discussion, and gave staff direction regarding future
Convemion/Conference Cemers and/or Arenas in the City of DeNon.
Linda Ratliff, Director of Economic Developmem, reviewed the definitions of a convemion
center and a conference center. Elements supporting a convention center included proximity to a
large airport, public transportation, hotel rooms, restaurants, shopping opportunities,
entertainment venues, and unique attractions. She reviewed current facilities in Denton and an
analysis of the supportive elements as they related to facilities in Denton. TIP Strategies, Inc.
prepared an assessment of whether or not Denton and the downtown area could support a
conference center. Factors in the assessment included the size and strength of the Denton
economy suggested more meeting space would be beneficial; the corporate base could serve as
an excellem source of meeting activity; DeNon would face challenges, especially in competing
with Metroplex facilities; and a lack of a resort quality hotel. She reviewed the statistics for
several surrounding convention centers.
Christine Gossett, Convemion and Visitors Bureau, reviewed current facilities and the amenities
each had relative to square footage for meeting space. She reviewed some of the proposals that
Denton was not able to host due to lack of facilities.
Scott Wilkinson, Campus Theatre, reviewed the facilities available at the Campus Theatre. He
suggested looking at a multi-purpose building as opposed to strictly a conference center.
Ratliff presented information regarding equestrian arenas. Denton County was known as "horse
coumry". She reviewed the currem facilities in DeNon. Findings indicated that the horse
industry was strong in Denton County, there were no large arenas between the Fort Worth and
Oklahoma City area, the industry would support arenas, the Fairgrounds was inadequate and
partnerships were possible.
Commems from Council included:
· There was a need for some type of conference-convemion cemer
· Look at some of these issues during budget discussions and future bond programs
· Look into partnerships with private industry
· Look imo feasibility of updating currem facilities such as the Civic Cemer
· Possible partnership with UNT
· Policy questions dealing with size limitations on the "vision"
City of Demon City Council Minutes
November 12, 2002
Page 2
With no further business, the meeting was adjourned at 6:45 p.m.
EULINEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
November 19, 2002
After determining that a quorum was presem, the City Council convened in a Work Session on
Tuesday, November 19, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill,
Momgomery, Phillips, and Redmon.
ABSENT: None
1. The Council received a report, held a discussion, and gave staff direction regarding the
Fry Street Fair, related public safety issues, and staff recommendation to relocate the event.
Kathy DuBose, Assistant City Manager for Fiscal Services, presented information on surveys
done to gather information on mixed beverage tax, sales tax revenues and hotel occupancy
during the Fry Street Fair.
Captain Paul Abbott, DeNon Police Departmem, presemed information regarding the Police
Departmem's activities during the Fair. He reviewed the number of officers on duty during the
Fair, the number of calls received during the Fair, the severely impacted streets and closed
streets, cost of additional on-duty officers during the Fair, and police/fire recommendations for
the upcoming Fair. The recommendation was to encourage the Delta Lodge to find a better
location and not permit the Fair on Fry Street.
Following discussion, the consensus of the Council was to use a fence blockade to allow access
to one lane on each street as noted in the drawing of the plan; to establish a crosswalk inside the
fence barriers between the stages; to increase up to 50% the police presence in number of hours
with the cost passed on to the Delta Lodge; and to put the Delta Lodge on notice that they could
have this location this year but must have a new location for 2004.
2. Staff responded to requests for clarification of consem agenda items listed on the consem
agenda for the City Council regular meeting of November 19, 2002.
Following the completion of the Work Session, the Council convened in a Closed Meeting
1. The following was considered in Closed Meeting:
Consultation with Attorney- Under TEXAS GOVERNMENT CODE Section
551.071.
Discussed and considered the status of Charter Communications Effective
Competition Petition and discussed legal issues concerning this petition in
a contested administrative proceeding with the attorneys where to discuss
these matters in public would conflict with the duty of the City's attorneys
to the City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas.
Discussed and considered the status of the City Attorney's research and
analysis of whether to pursue a claim for franchise fees for Charter
City of Demon City Council Minutes
November 19, 2002
Page 2
Communications' refusal to pay franchise fees on cable modem as a result
of the FCC Order in March of this year and whereas to discuss these
matters in public would conflict with the duty of the City's attorneys to the
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas.
Regular Meeting of the City of DeNon City Council on Tuesday, November 19, 2002 at 6:30
p.m. in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Mayor Brock presented a proclamation for Santa Helper Week. Awards were
given for National Purchasing Procuremem Award and the Best Local Initiative Award from the
North Central Texas Workforce.
B. November Yard-of-the-Month Awards were given to:
Albert Hammons
Elizabeth Parmer and Clint Smith
John and Kay Cooper
Betty Jane and George Morrison
Helen and Richard Hayes
Mary Downey
The Water Smart Garden-Bell at Robertson
TexasBank
C. City Manager Conduff presemed recognition of staff accomplishmems.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
1. David Wier regarding revisiting the selective enforcemem of ordinances.
Mr. Wier stated he was still unable to keep his horses at his home because he was in violation of
the currem city ordinance. There were many places in DeNon where the ordinance was not
being enforced. He had requested a variance to the ordinance but was told no variance would be
grained. He asked the Council to consider a modification to the ordinance by cutting the
ordinance regulation to 100 feet instead of 200 feet and to form a committee to review the
provisions of the ordinance.
City of Demon City Council Minutes
November 19, 2002
Page 3
2. Ross Melton regarding Code Enforcement, Municipal Court, trash
ordinance, and the Council.
Mr. Melton reviewed his prior citation that was found defective in Court.
3. Mike Sotny regarding the Fry Street Fair.
Mr. Sotney stated that the Fair belonged on Fry Street and they were working with the Police
Department for a workable agreement.
4. CONSENT AGENDA
Mayor Brock stated that Item 4.S. would be pulled for separate consideration.
Mayor Pro Tem Burroughs asked to pull Items 4.0. and 4.P. for separate consideration.
McNeill motioned, Burroughs seconded to approve the Consem Agenda and accompanying
ordinances and resolutions with the exception of items O., P., and S. On roll vote, Burroughs
"aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried unanimously.
items 4.0. and 4.P. were considered.
The following Speaker Card was submitted:
Jerald Yensan, represeming the property owner-in favor of the variance
Phillips motioned, Brock seconded to approve a partial variance as recommended for items 4.0
and 4 P. On roll vote, Burroughs "aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "aye",
Redmon "aye", and Mayor Brock "aye". Motion carded with a 6-1 vote.
item 4.S. was considered.
The following individuals spoke on the item:
David Bynum, 215 Marietta Street, Denton, 76201 - opposed
Elise Ridenour, 2205 West Oak, DeNon, 76201 - favor
Burroughs motioned, Phillips seconded to approve the initiation of the rezoning. On roll vote,
Burroughs "aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "nay", and Mayor
Brock "aye". Motion carded with a 5-2 vote.
A. Approved the minutes of October 15, 2002, October 22, 2002 and November 5,
2002.
B. 2002-370 - An ordinance of the City of DeNon authorizing the City Manager, or
his designee, to execute on behalf of the City of DeNon an acceptance of an offer
from the Texas Department of Transportation relating to a grant for routine airport
City of Demon City Council Minutes
November 19, 2002
Page 4
maimenance program; authorizing the City Manager to expend funds provided for
in the gram program; and declaring an effective date (TxDOT Project No.
AM2003DNTON; and TxDOT CSJ No.: M318DNTON).
Co
2002-371 - An ordinance authorizing the City Manager to execute change order
number three to the contract between the City of Demon and Tim Beaty Builders,
Inc.; providing for the expenditure of funds therefore; and providing an effective
date (File 2920-Bid 2749-New Cemral Fire Station Change Order Number Three
in the amoum of $29,851).
Do
2002-372 - An ordinance awarding a comract for the purchase of public access
computers for the City of Demon Public Library System, Parks and Recreation
Cemers, Senior Cemer, and select community facilities as defined in the Demon
Community Network Plan from Dell Computer as awarded by the State of Texas
Building and Procuremem Commission (formerly known as State of Texas
General Services Commission) through the Qualified Information Services
Vendor (QISV) Catalogue Program; providing for the expenditure of funds
therefore; and providing an effective date (File 2918- Dell Computer in an amount
not to exceed $319,459).
mo
2002-373 - An ordinance awarding a comract for the purchase of Cisco equipmem
for VOIP (Voice Over Imernet Protocol) phone implememation at the Customer
Service Departmem (City Hall East), New Cemral Fire Station, New North
Branch Library, New Solid Waste Operations Building, City Hall West,
Economic Development, Community Development, Main Street and Public
Transportation Offices (New Wells Fargo Building) from the Forsythe Solutions
Group as awarded by the State of Texas Building and Procuremem Commission
(formerly known as State of Texas General Services Commission) through the
Qualified Information Services Vendor (QISV) Catalogue Program; providing for
the expenditure of funds therefore; and providing an effective date (File 2919 -
Forsythe Solutions Group in an amount not to exceed $208,516).
Fo
2002-374 - An ordinance awarding a contract for the purchase of a Primer/Plotter
Scanner for the City of Denton Engineering Department from Stewart
Engineering Supply, Inc. as awarded by the State of Texas Building and
Procuremem Commission (formerly known as State of Texas General Services
Commission) through the Qualified Information Services Vendor (QISV)
Catalogue Program; providing for the expenditure of funds therefore; and
providing an effective date (File 2921 -Metro-Repro, Inc. in an amount not to
exceed $28,771.25).
Go
2002-375 - An ordinance of the City Council of the City of Demon, Texas
approving a Beneficial Reuse Water Contract by and between the City of Denton,
Texas and Columbia Medical Center of Demon Subsidiary, L.P., doing business
as the Demon Regional Medical Cemer; providing for the City Manager's
execution thereof; providing for the expenditure of funds therefore; and providing
an effective date.
City of Demon City Council Minutes
November 19, 2002
Page 5
Ho
2002-376 - An ordinance of the City Council of the City of Demon, Texas
approving a Beneficial Reuse Water Contract by and between the City of Denton,
Texas and the Demon State School; providing for the City Manager's execution
thereof; providing for the expenditure of funds therefore; and providing an
effective date.
2002-377 - An ordinance of the City Council of the City of Demon, Texas
approving a Beneficial Reuse Water Contract by and between the City of Denton,
Texas and Oakmom Managemem Corp.; providing for the City Manager's
execution thereof; providing for the expenditure of funds therefore; and providing
an effective date.
Jo
2002-378 - An ordinance authorizing the City Manager or his designee to execute
an interlocal Agreement between the City of Denton, Texas and Denton State
School, acting by and through The Texas Department of Mental Health and
Mental Retardation for the acquisition of easements, a water tank site, and the
installation of a reuse water irrigation system; providing for the expenditure of
funds therefore; and providing an effective date.
Ko
2002-379 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of an 18" reuse waterline to Oakmont Country Club,
providing for the expenditure of funds therefore; and providing an effective date
(Bid No. 2899- 18" Reuse Waterline to Oakmom Country Club awarded to Texas
Electric Utility Construction, inc. in an amoum not to exceed $1,147,995.37.)
Lo
2002-380 - An ordinance of the City of Demon, Texas approving a Real Estate
Agreemem between the City of Demon and Dale irwin and Craig irwin, relating
to the exchange of an approximate 0.3238 acre parcel of land being a part of the
Wm. Loving Survey A-759 owned by the City of Demon for an approximate
0.2939 acre parcel of land being a part of the M.E.P. & P.RR. Survey A927
owned by Dale irwin and Craig irwin for use as right-of-way required for future
road improvements to Duchess Drive; authorizing the expenditure of funds
therefore; and providing an effective date.
Mo
2002-381 - An ordinance declaring a public necessity exists and finding that
public welfare and convenience requires the taking and acquiring of an
approximate 3.6469 acre tract or parcel of land in fee simple for municipal landfill
facilities and improvemems, such title to be in the name of the City of Demon and
said property being located in the G. Walker Survey Abstract Number 1330 in the
City of Demon, Demon County Texas; authorizing the City Manager or his
designee to make an offer to purchase the property fo r its just compensation and if
such offer is refused, authorizing the City Attorney, or his designee, to institute
the necessary proceedings in condemnation in order to acquire the property
necessary for the public purpose of municipal landfill facilities and
improvemems, and other municipal purposes; and declaring an effective date.
City of Demon City Council Minutes
November 19, 2002
Page 6
No
2002-382 - An ordinance authorizing the City Manager or his designee to execme
a contract for an Electrical Utility Easement consisting of 6.85 acres being part of
a tract oonveyed to the Hudson Family Partnership, Ltd. by deed recorded in
County Clerk's File Number 95-R0080500 of the Real Property Records of
DeNon County, Texas, said property being located in J.W. Hardin Survey,
Abstract No. 1656, DeNon County Texas; authorizing the expenditure of funds
therefore; and providing an effective date. (West DeNon Electric Project-Hudson)
Oo
Approved a partial exaction variance of Section 35.20.2(L.2.) of the Code of
Ordinances concerning perimeter paving. The 4.357-acre parcel is located on the
southwesterly corner of Bonnie Brae and Corbin Road. The property is located in
a Neighborhood Residemial 2 (NR-2) zoning district. A single-family residence
is proposed. The Planning and Zoning Commission recommends approval of a
partial variance (5-1). (I/'02-0024)
Po
Approved a partial exaction variance of Section 35.20.3 (B.) of the Code of
Ordinance concerning perimeter sidewalk. The 4.357-acre parcel was located on
the southwesterly comer of Bonnie Brae and Corbin Road. The property was
located in a Neighborhood Residemial 2 (NR-2) zoning district. A single-family
residence was proposed. The Planning and Zoning Commission recommended
approval of a partial variance (5-1). (I/'02-0022)
Qo
R2002-053 - A resolmion of the City of DeNon, Texas supporting a "Safe Romes
to Schools" grant application to the Texas Department of Transportation for the
funding of the construction of sidewalks along Ryan Road and providing for an
effective date.
Ro
R2002-054 - A resolmion of the City of DeNon, Texas, adopting the City of
Denton's 2003 State Legislative Program; and providing an effective date.
So
2002-383 - An ordinance authorizing the initiation of the rezoning of certain real
property located at 1822, 1828 and 1902 Oak Street in the City of DeNon, Texas
from MF-1 to Neighborhood Residemial 3 (NR-3); and providing an effective
date.
To
2002-384 An ordinance authorizing the Mayor to execute an interlocal
cooperation agreement between the City of Denton and Denton County for the
impoundmem and disposition of dogs and cats and the collection of fees pursuam
to the provisions of said agreemem; and providing for an effective date.
Uo
2002-385 An ordinance authorizing the Mayor to execute an interlocal
cooperation agreemem between the City of DeNon, Texas, and the City of
Roanoke, Texas, for the impoundmem and disposition of dogs and cats and the
collection of fees pursuam to the provisions of said agreemem; and providing for
an effective date.
City of Denton City Council Minutes
November 19, 2002
Page 7
5. PUBLIC HEARINGS
A. The Council continued a public hearing and considered adoption of an ordinance
rezoning approximately 80 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 1 (NR-1) zoning district. The five tracts were generally located on Brush Creek
Road west of the intersection of Brush Creek Road and Country Club. No development was
proposed at this time. The Planning and Zoning Commission recommended approval (4-3).
(Z02-0036)
Doug Powell, Director of Planning and Development, stated that this was a continuation of a
prior public hearing. There were five pieces of property that were similar in nature with city-
initiated rezoning. He reviewed the background details on Items A-E.
The Mayor opened the public hearings for Items A-E.
The following individuals spoke during the public hearings for Items A-E:
Joel Neele, 4704 Argyle, Lane, Argyle, 76226 - A-E support
Gary Davis, 970 Brush Creek Road, Argyle, 76226 - A-E support
David Yoder, 940 Brush Creek Road, Argyle, 76226-A-E support
John Michaels, 9559 Spring Road, Argyle, 76226 - A-E support
Larry McGehee, 2001 Christina Court, Argyle, 76226 - A-E support
David Anderson, 1704 Warwick Crescent, Argyle, 76226 - A-E support
Larry Apple, 8000 Woodcreek Circle, Argyle, 76226 - A-E support
Susan Apple, 8000 Woodcreek Circle, Argyle, 76226-A-E support
Sandra Lewis, 900 Brush Creek Road, Argyle, 76226 - A-E support
Mrs. Harry Wolfe, 4801 Argyle Lane, Argyle, 76226 - A-E support
Curt Erwin, 400 Argyle Lane, Argyle, 76226 - A-E support
Richard Shanhouse, 8001 Woodcreek Circle, Argyle, 76226 - A-E support
James Vogelgesang, 1805 Wickwood Court, Argyle, 76226 - A-E support
Rob Scott, 1900 Warwick Crescent Lane, Argyle, 76226 - A-E support
Fred Mueller, Denton Country Club-A-E support
CarolHaesle, 4701 Upper Glenwick Court, Argyle, 76226 - A-E support
Carlos Garcia, 1701 Warwick Crescent, Argyle, 76226 - A-E support
Julie Anderson, 1704 Warwick Crescent, Argyle, 76226 - A-E support
Dennis Cox, 8008 Woodcreek Circle, Argyle, 76226 - A-E support
Tim House, 240 McMakin, Double Oak, 75022-opposed to E
Hugh Pruett, 4024 Pruett Lane, Argyle, 76226 - opposed
Michael Gielink, 1240 Brush Creek Road, Argyle, 76226 - A-E support
Russell Cox, 8008 Woodcreek Circle, Argyle, 76226 - A-E support
Michael Ulman, 4805 Snowshill Court, Argyle, 76226 - A-E support
Ciro Lopez, 8011 Woodcreek Circle, Argyle, 76226 - A-E support
Tierra Moon, 960 Brush Creek Road, Argyle, 76226 - A-E support
Comment Cards were submitted from:
Drew Mooney, 960 Brush Creek Road, Argyle, 76226-A-E support
Bill Lewis, 900 Brush Creek Road, Argyle, 76226-support
City of Denton City Council Minutes
November 19, 2002
Page 8
Enzon Lombardozzi, 4801 Snowshill Court, Argyle, 76226-A-E support
Michael Kisselburgh, 2001 Wickwood Court, Argyle, 76226-A-E support
Kathy Yoder, 940 Brush Creek Road, Argyle, 76226-A-E support
Suzanne Davis, 970 Brush Creek Road, Argyle, 76226-A-E support
Barbara Powell, 4600 Argyle Lane, Argyle, 76226-A-E support
Chris Mellberg, 1900 Warwick Crescent Court, Argyle, 76226-A-E support
Michael and Sheri Block, 1800 Warwick Crescent Court, Argyle, 76226-A-E support
Wendie Heine, 4601 Upper Glenwick Argyle, 76226-A-E support
Kim McGehee, 2001 Christina Court, Argyle, 76226-A-E support
Jennifer and Kristopher Martin, 26-1 Chipping Campden, Argyle, 76226-A-E support
Tom & Suzanne Buvinghausen, 2505 Winthrop Hill Drive, Argyle, 76226-A-E support
Kevin and Susan Faciane, 4805 Argyle Lane, Argyle, 76226-A-E support
David Haesle, 4701 Upper Glenwick, Argyle, 76226-A-E support
Kay Scott, 1900 Wickwood Court, Argyle, 76226-A-E support
Susan and Coy Fagan, 1905 Warwick Crescent, Argyle, 76226-A-B & D-E support
Patricia and James McKeown, 4505 Argyle Lane, Argyle, 76226-A-B & D-E support
Linda Vogelgesang, 1805 Warwick Crescent, Argyle, 76226-A-B & D-E support
Don and Marlene Blank, 2004 Christina Court, Argyle, 76226-A-B & D-E support
Patrick and Sandra Hiatte, 2000 Warwick Crescent, Argyle, 76226-A-B & D-E support
Claudia Echeverri, 8011 Woodcreek Circle, Argyle, 76226-A-E support
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-386
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL (DR- 1) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 80 ACRES OF LAND LOCATED AT 1300,
1360, AND TRACT 5 BRUSH CREEK ROAD LEGALLY DESCRIBED AS TRACTS
33, 34, 35, 36, 36A, 36B IN ABSTRACT 1343A IN THE J.W. WITHERS SURVEY, IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0036)
Burroughs motioned, McNeill seconded to adopt the ordinance for rezoning for Items 5A-5E.
On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye",
and Mayor Brock "aye". Motion carried unanimously.
B. The Council continued a public hearing and considered adoption of an ordinance
rezoning approximately 6.8 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 1 (NR-1) zoning district. The five tracts were generally located on Woodcreek
Circle, south of Brush Creek and east of Fort Worth Drive. No development was proposed at
this time. The Planning and Zoning Commission recommended approval (6-0). (Z02-0037)
City of Denton City Council Minutes
November 19, 2002
Page 9
The public hearing for this item was considered with Item 5A.
The following ordinance was considered:
NO. 2002-387
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 6.8 ACRES OF LAND GENERALLY
LOCATED AT WOODCREEK CIRCLE, SOUTH OF BRUSH CREEK ROAD AND
EAST OF FORT WORTH DRIVE LEGALLY DESCRIBED AS LOTS 1 -5, BLOCK 1
OF THE WOODCREEK ADDITION, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY iN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (Z02-0037)
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried unanimously.
C. The Council continued a public hearing and considered adoption of an ordinance
rezoning approximately 9.6 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 1 (NR-1) zoning district. The two tracts were generally located on Fort Worth Drive,
north of Hamilton. No development was proposed at this time. The Planning and Zoning
Commission recommended denial (5-2). (Z02-0038)
The public hearing for this item was considered with Item 5A.
The following ordinance was considered:
NO. 2002-388
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 8.65 ACRES OF LAND, LEGALLY
DESCRIBED AS BEING A PORTION OF A TRACT IN ABSTRACT 1164 IN THE J.
SEVERE SURVEY, IN THE DEED TO PAUL S. BERRY RECORDED IN VOLUME
4616, PAGE 1936 AND BEING A PORTION OF A TRACT OF LAND DESCRIBED
IN DEED TO RUIBAL PROP INC. RECORDED IN VOLUME 4958, PAGE 691 OF
THE REAL PROPERTY RECORDS IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (Z02-0038)
City of Denton City Council Minutes
November 19, 2002
Page 10
McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and 1Vhyor Brock "aye".
Motion carried unanimously.
D. The Council continued a public hearing and considered adoption of an ordinance
rezoning approximately 21 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 1 (NR-1) zoning district. The three tracts were generally located on Fort Worth
Drive south of Hamilton Road and north of Brush Creek. No development was proposed at this
time. The Planning and Zoning Commission recommended approval (6-1). (Z02-0039)
The public hearing for this item was considered with Item 5A.
The following ordinance was considered:
NO. 2002-389
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL 1 (NR-1) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 19.69 ACRES OF LAND GENERALLY
LOCATED AT FORT WORTH DRIVE NORTH OF BRUSH CREEK ROAD
LEGALLY DESCRIBED AS BEING A PORTION OF A TRACT IN ABSTRACT 1164
IN THE J. SEVERE SURVEY, AND ABSTRACT 160 IN THE B.B.B. & C.R.R.
SURVEY IN THE DEED TO ORAN E. MONROE RECORDED IN VOLUME 429,
PAGE 247 DEED RECORDS AND BEING A PORTION OF A TRACT OF LAND
DESCRIBED IN DEED TO WILLIAM L. FRYE & MARILYN J. FRYE RECORDED
BY COUNTY CLERK NUMBER 94-R00082319, REAL PROPERTY RECORDS AND
BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY
ROYCE KENAS RECORDED IN VOLUME 981, PAGE 737, DEED RECORDS IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0039)
Burroughs motioned, Mayor seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried unanimously.
E. The Council continued a public hearing and considered adoption of an ordinance
rezoning approximately 43.7 acres from a Neighborhood Residential 4 (NR-4) to a
Neighborhood Residential 2 (NR-2) zoning district. The nine tracts were generally located on
Fort Worth Drive south of Brush Creek. No development was proposed at this time. The
Planning and Zoning Commission recommended approval (5-2). (Z02-0040)
The public hearing for this item was considered with Item 5A.
City of Denton City Council Minutes
November 19, 2002
Page 11
The following ordinance was considered:
NO. 2002-390
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 34.16 ACRES OF LAND GENERALLY
LOCATED AT FORT WORTH DRIVE SOUTH OF BRUSH CREEK ROAD LAND
LEGALLY DESCRIBED AS BEING A PORTION OF A TRACT IN ABSTRACT 517
IN THE H. HAGGOOD SURVEY AND A PORTION OF A TRACT IN ABSTRACT
568 IN THE W. HUDSON SURVEY AND A PORTION OF A TRACT IN ABSTRACT
351 IN THE GEORGE W. DAUGHERTY SURVEY AND BEING ALL OF A TRACT
SHOWN BY DEED TO JOE W. RHOADES RECORDED IN VOLUME 639, PAGE
486, DEED RECORDS AND BEING ALL OF A CERTAIN TRACT SHOWN BY
DEED TO HERBERT E. WYSS RECORDED IN VOLUME 1042, PAGE 834, DEED
RECORDS AND BEING ALL OF A TRACT OF LAND SHOWN BY DEED TO
EWELL BURKALTER, ET AL, RECORDED IN VOLUME 886, PAGE 602, DEED
RECORDS IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0040)
Mayor motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "my", Redmon "aye", and Mayor Brock "aye".
Motion carried with a 6-1 vote.
F. The Council held a public hearing and considered adoption of an ordinance granting
the request for a Specific Use Permit for approximately 45.7 acres allowing for gas well
development. The site was in a Neighborhood Residential 4 (NR-4) zoning district. The subject
property was located at the northeast comer of Roselawn Drive and Bonnie Brae Drive. Two gas
well sites were proposed. The Planning and Zoning Commission recommended approval (7-0).
(Z02-0049, Chamberlain/Elder Gas Well)
Doug Powell, Director of Planning and Development, presented the details of the proposal.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-391
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS WELL DEVELOPMENT ON 45.7 ACRES OF LAND
City of Demon City Council Minutes
November 19, 2002
Page 12
LOCATED AT THE NORTHEAST CORNER OF ROSELAWN DRIVE AND
BONNIE BRAE, WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) 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. (ZO2-0049)
McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried unanimously.
G. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 35.3 acres of land generally located north and south of Audra, and east of Mayhill
Road, from Planned Developmem 191 (PD-191) zoning district to Neighborhood Residemial 2
(NR-2), Neighborhood Residemial 4 (NR-4) and Neighborhood Residemial 6 (NR-6) zoning
districts. A residemial subdivision and open space was proposed. The Planning and Zoning
Commissions recommended denial (5-2). (Z02-0045, Prominence Square)
Doug Powell, Director of Planning and Developmem, presemed details of proposal.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Allen Buscel, represeming the developer - favor
Jess Wallace, 1018 N. Lindale Lane, Richardson, 75080 - favor
L. T. Holland, 3760 Holland Lane, DeNon, 76208 - opposed
Nancy and Ralph Tunnell, 3776 Holland Lane, DeNon, 76208 - opposed
Henry Rife, property owner, favor
The Mayor closed the public hearing.
Fulton motioned, Phillips seconded to approve the ordinance as presemed. On roll vote,
Burroughs "nay", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "nay". Motion failed with a 5-2 vote as a supermajority vote of Council was required.
H. The Council held a public hearing and considered adoption of an ordinance rezoning
approximately 1.1 acres from a Neighborhood Residemial 3 (NR-3) zoning district to a
Neighborhood Residemial Mixed Use 12 (NRMU-12) zoning district. The site, commonly known
as 2309 Hinkle Drive, was generally located 300 feet north of Greenbrier Street along the west side
of Hinkle Drive. No developmem was proposed. The Planning and Zoning Commission
recommended approval (6-1). (Z02-0050)
Doug Powell, Director of Planning and Developmem, presemed the details of the proposal.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
City of Denton City Council Minutes
November 19, 2002
Page 13
Karen Mitchell, Mitchell Planning Group-favor
The Mayor closed the public hearing
The following ordinance was considered:
NO. 2002-392
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR APPROXIMATELY 1.1 ACRES OF LAND
COMMONLY KNOWN AS 2309 HINKLE DRIVE AND GENERALLY LOCATED
300 FEET NORTH OF GREENBRIAR STREET ALONG THE WEST SIDE OF
HINKLE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (ZO2-0050)
Phillips motioned, Redmon seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton
'~tSe", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion
carried with a 6-1 vote.
I. The Council held a public hearing and considered adoption of an ordinance
approving a Specific Use Permit (SUP) for a gas station on an approximately 2-acre site. The
site was located approximately 1,200 feet north of Interstate 35 E on the east side of Fort Worth
Drive. The property was in a Downtown Commercial General (DC-G) zoning district. A
convenience store and gas station was proposed. The Planning and Zoning Commission
recommended approval (7-0) with conditions. (Z02-0048)
Doug Powell, Director of Planning and Development, presented the details of the proposal.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-393
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT FOR A GAS STATION ON APPROXIMATELY 2 ACRES OF LAND
GENERALLY LOCATED 1,200 FEET NORTH OF INTERSTATE 35 E ON THE
EAST SIDE OF FORT WORTH DRIVE, WITHIN A DOWNTOWN COMMERCIAL
City of Demon City Council Minutes
November 19, 2002
Page 14
GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE. (Z02-0048)
Burroughs motioned, Montgomery seconded to adopt the ordinance with the conditions as noted
by the Planning and Zoning Commission. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye",
Montgomery"aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered approval of an exaction variance of Section 35.20.2(L.2.)
of the Code of Ordinances concerning perimeter paving. The 1.0-acre parcel was located on the
easterly side of Mockingbird Lane and just south of Mingo Road. The property was curremly in
a Neighborhood Residemial (NR-4) zoning district. The property was presemly being
subdivided imo two (2) lots and om residence on one of the lots curremly exists. The Planning
and Zoning Commission recommended approval of the full variance (6-0). (F02-0023)
Burroughs motioned, Montgomery seconded to gram a Full variance. On roll vote, Burroughs
'"aye", Fulton '"aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried unanimously.
B. The Council considered approval of an exaction variance of Section 35.20.3 (B.)
of the Code of Ordinance concerning perimeter sidewalks. The 1 .O-acre parcel was located on
the easterly side of Mockingbird Lane and just south of Mingo Road. The property was
curremly in a Neighborhood Residemial (NR-4) zoning district. The property was presemly
being subdivided imo two (2) lots and one residence on one of the lots curremly exists. The
Planning and Zoning Commission recommended approval of the full variance (6-0). (F02-0021)
Fulton motioned, Burroughs seconded to approve a full variance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carried unanimously.
C. The Council considered denial of an exaction variance of Section 35.20.2 (P. 1 .) of
the Code of Ordinance concerning coordination with surrounding streets and connectivity. The
5.0-acre parcel was located on the westerly side of Old North Road and across from Chebi Lane
(approximately 900 feet north of US380/University Drive). The property was located in a
Neighborhood Residemial 6 (NR-6) zoning district. No developmem curremly existed. The
Planning and Zoning Commission recommended denial of the variance (7-0). (F02-0020)
This item was pulled from consideration at the request of the petitioner.
The Mayor left the meeting with a conflict of interest.
D. The Council considered adoption of an ordinance of the City of Demon, Texas
finding, after reasonable notice and hearing, that TXU Gas Distribmion's rates and charges within
the City should be changed; determining just and reasonable rates; adopting general service rates
City of Denton City Council Minutes
November 19, 2002
Page 15
including rate adjustment provisions and miscellaneous service charges to be charged for sales
and transportation of natural gas to residential, commercial and industrial customers; providing
for recovery of rate case expenses and the City's share of rate case expenses related to GUD
Docket Nos. 9267-9270, 9278-9279, & 9284-9288; preserving regulatory rights of the City;
providing for repeal of conflicting ordinances; and providing for an effective date.
The following ordinance was considered:
NO. 2002-394
AN ORDINANCE OF THE CITY OF DENTON, TEXAS FINDING, AFTER
REASONABLE NOTICE AND HEARING, THAT TXU GAS
DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY SHOULD BE
CHANGED; DETERMINING JUST AND REASONABLE RATES;
ADOPTING GENERAL SERVICE RATES INCLUDING RATE
ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE
CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF
NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL
CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES
AND THE CITY'S SHARE OF RATE CASE EXPENSES RELATED TO GUD
DOCKET NOS. 9267-9270, 9278-9279, & 9284-9288; PRESERVING
REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye",
Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carded
unanimously.
Mayor Brock returned to meeting.
E. New Business
The following items of New Business were suggested by Council Members for future agendas:
Council Member McNeill requested a report regarding Wier property as
noted in the earlier citizen report.
Council Member Redmon requested information regarding a "brush-up"
program for the City.
3. Council Member Redmon requested the annual update
ordinance.
Items from the City Manager
on the noise
City Manager Conduff stated that Council would be considering the cancellation of the
December 17th meeting at the December l0th meeting.
City of Denton City Council Minutes
November 19, 2002
Page 16
G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
H. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further bus iness, the meeting was adjourned at 11:00 p.m.
EULINEBROCK
MAYOR
CITY OFDENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
November 20, 2002
Join Meeting of the City of DeNon City Council and the DeNon IndependeN School District
Board of Trustees on Wednesday, November 20, 2002 at 12 noon in the Council Work Session
Room at City Hall, 215 E. McKinney, DeNon, Texas.
PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members McNeill,
MoNgomery, and Phillips
ABSENT: Council Members Fulton and Redmon
1. Mayor Brock called the Council to order and announced a quorum of Council was
present.
2. The Council received a preseNation by the DeNon Chamber of Commerce and discussed
a community-wide TIP Economic DevelopmeN Study.
Chuck CarpeNer, PresideN of the Chamber of Commerce, iNroduced Randy Robinson, Board
Chair-Elect of the Chamber. Robinson stated AnnouncemeNs for Fiscal Year 2001-2002 were
Alcoa, Chelton Flight Systems, Conesko Doko Distribution Center, Denton Crossing Partners,
and Fox Electric. Key Expansions were Peterbilt Headquarters and Sally Beauty.
Robinson stated that TIP Development Strategies had been engaged to lead Denton through a
prioritized Economic DevelopmeN strategic planning process. Key areas included forming a
business park, improving DeNon's image, developing DowNown, and the UNT Research Park.
Other areas for consideration included DeNon Municipal Airport and Regional Transit.
Robinson stated that the Economic Development strategic plan partners included the Denton
Chamber of Commerce, the City of DeNon, UNT, and NCTC. He asked for DeNon ISD's
support.
3. The Council received a report and held a discussion regarding DeNon County Days.
Chuck Carpenter, President of the Chamber of Commerce, stated Denton County Days was
February 24 and 25, 2003. He advised that the Chamber would work with the City and DISD to
preseN their respective issues. He announced that the Sanger Chamber of Commerce would host
an orientation evening for Denton County Days on February 20 at Texas Sundown Ranch in
Sanger.
4. The Council received a report and held a discussion regarding the DeNon 1SD
Reflections of Excellence Publication.
Ray Braswell, Superintendent of Denton ISD, presented the annual report for the DISD.
5. The Council received a report and held a discussion regarding the DeNon 1SD MeNoring
Program.
Rick Woolfolk, PresideN of the DISD Board of Trustees, discussed the DISD MeNoring
Program. He stated they were looking for volunteers and waned the City to look iNo the
City of Demon City Council Minutes
November 20, 2002
Page 2
possibility of forming teams of City employees from various departmems to volunteer for the
mentoring program.
6. The Council received a report on the Natatorium Project.
Ed Hodney, Director of Parks and Recreation, introduced Victor Baxter from Schrickel, Rollins
and Associates, Inc., who presented a progress report on the aquatic center.
7. The Council received commems and discussed the High School Playoffs for Demon High
School and Ryan High School.
8. With no further business, the meeting was adjourned at 1:25 p.m.
EULINEBROCK
MAYOR
CITY OFDENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 10, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 10, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall, 215
E. McKinney Street.
PRESENT:
Mayor Euline Brock; Mayor Pro Tem Mark Burroughs; Council Members
McNeill, Montgomery, Phillips, and Redmon
ABSENT: Council Member Fulton
1. The Council received a report, held a discussion, and gave staff direction regarding a
revision in the assessment of fees levied for the mowing of private property authorized by
Chapter 20 of the Code of Ordinances.
Captain Joanie Housewright stated that staff had reviewed the ordinance and current procedures
and recommended the following. In cases where lhe same person owned two or more vacant
properties, the properties would be treated as one property and mowing and administrative fees
would be assessed accordingly.
Staff also recommended revising the notification procedure to provide one notification, by
certified letter, to the owner upon the second grass and weed violation within a growing season.
The letter would notify the owner of the violation, the provision of fourteen (14) days to abate
the violation, and that the City would correct the violation if the owner failed to do so. The letter
would contain the warning that the owner would receive no warning of future violations during
that growing season and the City would assess appropriate fees for any corrective action taken.
Consensus of the council was to follow through with staff's recommendations.
2. The Council received a report, held a discussion and gave staff direction regarding
municipal services in relation to fourplexes.
Vance Kemler, Director of Solid Waste, provided a summary of the latest revision to the Solid
Waste Rate Ordinance. Kemler stated that fourplex residential property would now be provided
commercial containerized service. Standardizing this service was based on the following
reasons: reduce the Cost of Service; reduce litter in neighborhoods and Code Enforcement
issues; some property owners preferred containerized service; rates were commensurate with
service needs; multiple billing options were available (billed to tenant, billed to property
management, billed to property owner, billed to other party).
Susan Croff, Utility Process/Quality Control Auditor, stated that rate structures for utilities were
based on usage and all had a reduction built in for low-end users. Croft stated that housing
assistance clients received a utility allowance based on the PHA schedule of average utility
consumption by unit size for each of the family paid utilities.
Croft stated the minimum payment for the drainage fee was 50 cents. Residential could go as
high as $15.50 per month. Fourplexes were considered residential under the drainage fee
schedule.
3. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for today's City Council regular meeting of December 10, 2002.
City of DeNon City Council Minutes
December 10, 2002
Page 2
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the items listed below.
1. The following was considered in Closed Meeting:
mo
Deliberations regarding certain public power utilities: competitive matters-Under
Texas Governmem Code §551.086. Consultation with Attorney --- Under Texas
Govemmem Code §551.071.
The Council received competitive public power information and
documentation from Staff regarding the First Supplement to Transition
Power Agreemem, proposed to be execmed by the City of DeNon, Texas
and the Seller thereof, to reflect changes occurring over the course of time
from an electric operations standpoint; discussed other related matters; and
discussed, deliberated, considered, and provided Staff with direction
regarding such matters. Further discussed and considered the legal
ramifications regarding execution of the First Supplement to Transition
Power Agreemem. Discussed other legal issues concerning and related to
this matter with the City's attorneys, where to discuss these matters in
public would conflict with the duty of the City's attorneys to the City
Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
The Council received competitive electric public power and market
information regarding the proposed assumption and agreemem of the
Transition Power Agreemem ("TPA"), execmed by the City and PG&E
Trading-Power, L.P. on June 29, 2001 by a third party. Also received a
competitive public power presentation by Denton Municipal Electric
("DME") Staff regarding the proposed actions of the PG&E emities in
connection with their respective obligations to the City regarding electric
and related matters. Discussed, deliberated, considered, provided Staff
with direction, and considered voting, and taking final action, regarding
both the above proposed assumption and agreemem of the TPA and the
following public power presemation. Further, discussed and considered
the legal ramifications and legal position of the City by conducting a
consultation with the City's attorneys in order to obtain the advice and
recommendations of the City's attorneys concerning these issues; where to
discuss such issues and matters in a public meeting would conflict with the
attorneys' duties and professional responsibilities to their client, the
DeNon City Council, under the Texas Disciplinary Rules of Professional
Conduct.
Regular Meeting of the City of DeNon City Council on Tuesday, December 10, 2002 at 6:30
p.m. in the Council Chambers at City Hall.
City of DeNon City Council Minutes
December 10, 2002
Page 3
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Mayor Brock presemed the following proclamations and awards:
UNT Mean Green Day
Police Appreciation Day
Rhonda Shirrell Week
Denton Tennis Association- Dedication of Mabel Craven Tennis Courts
Texas Downtown Association Best Public Improvement Project Award
December Yard-of-the-Month Awards were given to:
Laura Kinne
Kevin & Tiffany Williams
Mr. and Mrs. Charles Salas
Mr. and Mrs. C. L. Roedema
G. Ann Uhlir and Jo Kuhn
Dr. and Mrs. James Donovitz
DeNon Municipal Landfill
Sonic Drive-In on Colorado Drive
C. City Manager Conduff presemed recognition of staff accomplishmems.
3. CITIZEN REPORTS
A. The Council received citizen reports from the following:
1. Ross Melton regarding Code Enforcemem, grass and weeds, and the
budget.
Mr. Melton reminded the Council that the City couldn't really control what people did on their
own property.
4. CONSENT AGENDA
Council Member Redmon asked to pull Items 4.C. and 4.D. for separate consideration.
Burroughs motioned, McNeill seconded to approve the Consem Agenda and accompanying
ordinances and resolutions with the exception of Items 4.C. and 4.D. On roll vote, Burroughs
"aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion
carried 6-0.
Item 4.C. was considered.
City of DeNon City Council Minutes
December 10, 2002
Page 4
Redmon motioned, Burroughs seconded to approve Item 4.C. On roll vote, Burroughs "ayd',
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion
carried 6-0.
Item 4.D. was considered.
Redmon motioned, Burroughs seconded to approve Item 4.D. On roll vote, Burroughs"aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion
carried 6-0.
mo
R2002-055-A resolution reviewing and adopting the Investmem Policy for funds
for the City of DeNon; designating an investmem officer; providing a savings and
repealing clause; and providing an effective date.
2002-395- An ordinance authorizing the Mayor to enter into an Interlocal
Cooperation Agreemem with DeNon County for library services; and providing
an effective date.
Co
2002-396-An ordinance to declare the imem to reimburse expenditures from the
unreserved retained earnings of the Technology Services Fund with Certificates of
Obligation for replacemem of public safety communications equipmem; declaring
an emergency and amending the 2002-2003 Capital improvemem Budget; and
providing an effective date. (Project-S740,000.00 for Public Safety
Communications Equipment).
Do
2002-397-An ordinance awarding a contract for the purchase of public safety
radios and hardware and software necessary for the upgrade of the City of DeNon
800 MHZ trunk radio system as awarded by the State of Texas Building and
Procuremem Commission (formerly known as the General Services Commission)
through the Qualified information Services Vendor (QiSV) Catalogue Program;
providing for the expenditure of funds therefore; and providing an effective date
(File 2932- Public Safety Radios and Miscellaneous Equipmem awarded to
Motorola Communications and Electronics inc. in the amoum of $720,555).
mo
2002-398- An ordinance of the City of DeNon, Texas authorizing the City
Manager to execute an agreement for Professional Legal Services with the Law
Offices of Jim Boyle, PLLC for Professional Legal and Lobbying Services related
to the 78th Texas Legislative Session pertaining to the City of Denton/Denton
Municipal Electric; authorizing the expenditure of funds therefore; and providing
an effective date.
Fo
2002-399-An ordinance approving an amendmem to a passenger motor carrier
transit agreement between the City of Denton and McDonald Transit Associates,
inc., dated April 16, 2002 to provide an express shuttle service for the University
of North Texas; providing for the expenditure of funds therefore; and providing
for an effective date.
City of Demon City Council Minutes
December 10, 2002
Page 5
R2002-056- A resolution of the City of Demon, Texas approving revised City
policies regulating Drug and Alcohol Free Work Place and Ami-Substance Abuse
and Rehabilitation Policy of City employees and declaring an effective date.
R2002-057-A resolution of the City of Demon, Texas, postponing the regular
City Council meeting of December 3, 2002 to December 10, 2002 to allow
Council Members and City staff to attend the National League of Cities
Conference; canceling the regular Council meeting scheduled for December 17,
2002, to allow Council Members and City staff to travel to New Orleans to
support the UNT Sun Belt Conference Championship Football Team which will
play the University of Cincinnati in the New Orleans Bowl; providing retroactive
effect; and declaring an effective date.
R2002-058- A resolution of the City of Demon, Texas, adding support for
regional transportation authorities and for funding for regional transportation
authorities to the City of Demon's legislative priorities; and providing an effective
date.
2002-400- An ordinance of the City of Demon, Texas accepting competitive
sealed best value bids and awarding the best value bidders with orders for Solid
Waste Department purchases consisting of certain sized refuse carts and recycling
carts; providing for the expenditure of funds therefore; and providing an effective
date (RFP No. 2908- Solid Waste Departmem purchases-Refuse Carts and
Recycling Carts).
2002-401-An ordinance accepting competitive bids and awarding a public works
contract for the construction of the Middle Pecan Inflow and Infiltration
Rehabilitation; providing for the expenditure of funds therefore; and providing an
effective date (Bid 2906- Middle Pecan Creek inflow and infiltration awarded to
Texas Electric Utility Construction, inc. in the amoum of $1,481,770.96).
2002-402-An ordinance accepting sealed proposals and awarding a contract for
Employee Assistance Program (EAP) services for the City of Demon; providing
for the expenditure of funds therefore; and providing an effective date (RFSP
2887-Employee Assistance Program awarded to Workers Assistance Program,
inc. in the amoum of $18,096).
2002-403- An ordinance approving the expenditure of funds for the purchase of
repair services available from only one source in accordance with the provision
for State Law exempting such purchases from requirements of competitive bids;
and providing an effective date (File 2923-Repair of From Loading Refuse Truck
awarded to Dallas Peterbilt L.P. in the amoum of $59,271.94).
2002-404- An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Transformer Repairs, Pole Mount and Pad Mount;
providing for the expenditure of funds therefore; and providing an effective date
(Bid 2876 - Transformer Repairs, Pole Mourn and Pad Mourn awarded to Alamo
Transformer Supply Company in an amoum not to exceed $75,000).
City of Demon City Council Minutes
December 10, 2002
Page 6
Oo
2002-405- An ordinance of the City of Demon, Texas, prohibiting any drivers
from turning right on red from northbound Carroll Boulevard omo Sherman
Drive; providing a savings clause; lIoviding a severability clause; providing a
penalty not to exceed two hundred dollars; and declaring an effective date.
Po
2002-406-An ordinance authorizing the City Manager or his designee to execme
a settlemem agreemem with Shepherd Place Homes concerning drainage and
street improvements for the Bellaire North Addition and providing an effective
date.
Qo
2002-407-An ordinance by the City of Demon abandoning and vacating a portion
of a drainage easemem from Shepherd Place Homes Inc. recorded in Volume
4588, Page 107 Deed Records of Demon County, Texas; and providing an
effective date.
Ro
2002-408-An ordinance declaring a public necessity exists and finding that public
welfare and convenience requires the taking and acquiring an easemem in an
approximate 1.31 acre tract or parcel of land for electric mility purposes being a
part of the M.T. Cole Tract described in deed recorded in Volume 249, Page 387
of the Deed Records of Demon County, Texas, said property being located in the
B.B.B. and C.R.R. Survey, Abstract No. 176, Denton County, Texas, and an
easemem in an approximate 16.30 acre tract or parcel of land for electric mility
purposes being a part of the M.T. Cole Tract described in deed recorded in
Volume 249, Page 387 of the Deed Records of Demon County, Texas, said
property being located in the J. Kjelberg Survey Abstract No. 1610, the J. Bacon
Survey Abstract No. 1540, the I. Hembrie Survey Abstract No. 594, and the I.
Byerly Survey Abstract No. 1458, Denton County, Texas; authorizing the Ciy
Manager or his designee to make an offer to purchase the property for just
compensation and if such offer is refused, authorizing the City Attorney to
institute the necessary proceedings in condemnation in order to acquire the
property necessary for the public purpose of electric mility facilities and
installation; declaring an effective date. (West Demon Electric Project-Cole)
So
2002-409-An ordinance authorizing the City Manager or his designee to execme
a Pipeline Crossing Agreemem with Union Pacific Railroad Company for a
sanitary sewer pipeline located at Mile Post 719.73, Choctaw Subdivision, City of
Denton, Denton County, Texas; authorizing the expenditure of funds therefore;
and providing an effective date.
To
2002-410-An ordinance authorizing the City Manager or his designee to execme
a golf driving range lease comract for North Lakes Park in the City of Demon;
and providing an effective date.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, designating the property located at 424 Texas Street as a Historic
Landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances providing
City of DeNon City Council Minutes
December 10, 2002
Page 7
for a penalty in the maximum amount of $2,000 for violations thereol} and providing for an
effective date (Historic Landmark Commission recommended approval 5-0. Planning and
Zoning Commission recommended approval 7-0). (SI02-0014)
Julie Glover, Main Street Administrator, stated that the property had a new owner and the new
owner waned to look over the material and see what all was involved in the historic designation.
Glover requested that the public hearing be coNinued to the January 28, 2003 City Council
meeting.
The Mayor opened the public hearing.
Burroughs motioned, McNeill seconded to coNinue the public hearing to the January 28, 2003
City Council meeting. On roll vote, Burroughs "aye", McNeill"aye", Montgomery"aye", Phillips "aye",
Redmon "aye", and Mayor Brock "aye". Motion carded 6-0.
B. The Council held a public hearing and considered adoption of an ordinance
amending Ordinance 99-439, regarding a Comprehensive Plan AmendmeN, from Existing Land
Use/Infill Compatibility to Community Mixed Use CeNer. The area for amendmeN
encompassed approximately 10.74 acres. The site was generally located at the northwest comer
of the East University Drive and Old North Road iNersection. Office and retail/restauraN uses
were proposed. The Planning and Zoning Commission recommended approval (7-0). (CA02-
0004, Old North Place)
Larry Reichhart, Assistant Director of Planning & Development, stated that the applicant was
proposing the comprehensive plan amendmeN to allow for rezoning of a portion of the property
to Community Mixed Use General. The CM-G zoning district would allow uses that were not
allowed by right in the Neighborhood ResideNial Mixed Use zoning district. The proposed
change would allow for more iNensive use of the property.
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Alan Bussell, representing the applicant, spoke in support of the request.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-411
AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN
AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON
PLAN FOR THE CITY OF DENTON, TEXAS FOR AN AREA ENCOMPASSING
APPROXIMATELY 10.74 ACRES GENERALLY LOCATED AT THE NORTHWEST
CORNER OF THE EAST UNIVERSITY DRIVE AND OLD NORTH ROAD
INTERSECTION; SUCH AMENDMENT IS FROM EXISTING LAND USE/INFILL
COMPATIBILITY TO COMMUNITY MIXED USE CENTER; AND PROVIDING AN
EFFECTIVE DATE. (CA02-0004)
City of DeNon City Council Minutes
December 10, 2002
Page 8
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion
carried 6-0.
C. The Council held a public hearing and considered adoption of an ordinance
rezoning multiple parcels totaling approximately 12.2 acres from Neighborhood Residemial 3
(NR-3) and Neighborhood Residemial Mixed-Use (NRMU) zoning districts to Neighborhood
Residemial Mixed Use (NRMU) and Community Mixed-Use General (CM-G) zoning districts.
The site was located at the northwest comer of University Drive and Old North Road
intersection. Retail, restaurant, and offices land uses were proposed. The Planning and Zoning
Commission recommended approval (7-0). (Z02-0052, Old North Place)
Larry Reichhart, Assistant Director of Planning & Development, presented details of the
proposal.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-412
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A ZONING
CHANGE FOR A 1.44 ACRE PARCEL FROM NR-3 TO NRMU, A 1.6 ACRE PARCEL
FROM NR-3 TO CM-G, AND A 9.14 ACRE PARCEL FROM NRMU TO CM-G; SUCH
PARCELS BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF
UNIVERSITY DRIVE AND OLD NORTH ROAD IN THE W. POGUE SURVEY,
ABSTRACT NO. 1012, CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0052)
McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs"aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion
carried 6-0.
D. The Council held a public hearing and considered adoption of an ordinance
rezoning approximately 7.5 acres, from Planned Development 191 and Employment Center
Industrial (EC-I) zoning districts to an Employmem Cemer Commercial (EC-C) zoning district.
The site was generally located south of University Drive, between Loop 288 and Mayhill Road.
A convenience store and gas station were proposed. The Planning and Zoning Commission
recommended approval (7-0) (Z02-0051, Prominence Square)
Larry Reichhart, Assistant Director of Planning & Development, stated that the current zoning
allowed for quick vehicle servicing and drive thru facilities, however did not allow for retail
sales and services. The applicant wanted to construct a gas station/convenience store.
City of DeNon City Council Minutes
December 10, 2002
Page 9
The Mayor opened the public hearing.
The following individual spoke during the public hearing:
Karen Mitchell, 7823 Nine Mile Bridge Road, Ft. Worth, spoke on behalf of the
applicant.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2002-413
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM PLANNED DEVELOPMENT 191 (PD-191) AND AN EMPLOYMENT
CENTER GENERAL (EC-G) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.2 ACRES OF
LAND IN THE W. LLOYD SURVEY ABSTRACT 774 AND GENERALLY LOCATED ON
THE SOUTH SIDE OF UNIVERSITY DRIVE APPROXIMATELY 1000 FEET EAST OF
LOOP 288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0051)
Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs"aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion
carried 6-0.
E. The Council cominued a public hearing and considered adoption of an ordinance
regarding amendments to Subchapter 5 of the Development Code related to the NRMU-12
zoning district. The Planning and Zoning Commission recommended approval (7-0). (SI02-
0010, NRMU-12 Zoning District)
Larry Reichhart, Assistant Director of Planning & Development, stated that the Council had
approved five amendments to the Development Code on the NRMU-12 and NRMU zoning
districts at the October 15, 2002 City Council meeting. The public hearing was cominued to this
meeting on the proposed amendment to the NRMU-12 zoning district as it related to multi-
family. He stated that staff recommended the public hearing be closed and the issue be taken up
in a work session by Council or remanded back to the Planning and Zoning Commission for
further review.
The Mayor stated that the public hearing was cominued from the previous City Council meeting.
The following individual spoke during the public hearing:
Ed Wolski, 2301 Hollyhill, spoke on behalf of the Windsor Oaks Developmem. He
requested that any zoning change that had already received neighborhood approval under
the new Developmem Code be exempted from requiring neighborhood approval all over
again.
City of DeNon City Council Minutes
December 10, 2002
Page 10
The Mayor closed the public hearing.
Burroughs motioned, McNeill seconded to revisit the issue in a work session with a sufficieNly
broad topic so they could ideNify other NRMU issues. On roll vote, Burroughs "aye", McNeill
"aye", Montgomery "aye", Phillips "aye", Redmon" aye ", and Mayor Brock "aye". Motion carded 6-0.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered an appeal from Ali A1-Khafaji regarding costs imposed
for mowing fees in accordance with Section 20-72 of the City of Demon Code of Ordinarces.
Captain Joanie Housewright, stated that Mr. AI-Khafaji was appealing mowing charges in the
amount of $342.00 for his property at 3311 E. McKinney. The property had a high grass and
weeds violation and a contractor was contacted to mow the property.
Mr. A1-Khafaji stated that he had not received a letter notifying him that the property needed to
be mowed and felt they were being targeted because of their race.
City Attorney Herb Prouty advised the Council they could decide if $342.00 was a reasonable
charge or change the amount.
Council Member Burroughs asked what kind of fence was around the property.
Mr. A1-Khafaji stated that it had a chain link fence.
Phillips motioned; Redmon seconded to postpone consideration of the item uNil the Council
could receive additional information from staff. On roll vote, Burroughs "aye", McNeill "aye",
Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion carried 5-1.
B. Consider adoption of an ordinance approving an Alternative Development Plan
for approximately 2.2 acres located in a DowNown Commercial General (DC-G) zoning district.
The site is generally located on the northeast corner of Carroll Boulevard and Oak Street,
commonly known as 400 West Oak Street. A bank, office space and drive thru facility are
proposed. The Planning and Zoning Commission recommends approval (6-0). (SP02-0008, 400
West Oak)
Larry Reichhart, AssistaN Director of Planning & DevelopmeN, stated that the applicaN was
requesting the Alternative DevelopmeN Plan to allow a detached drive thru facility for the
proposed bank use. He stated that due to design constrains and site restrictions the drive thru
was better positioned detached from the primary structure.
The following individual spoke regarding this item.
Marty Rivers, 200 Whitefish Court, spoke in support
The following ordinance was considered:
City of DeNon City Council Minutes
December 10, 2002
Page 11
NO. 2002-414
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
ALTERNATIVE DEVELOPMENT PLAN FOR A DOWNTOWN COMMERCIAL GENERAL
(DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE
PURPOSE OF PROVIDING FOR AN APPROXIMATE 2.2 ACRE SITE LOCATED AT 400
WEST OAK STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (SP02-0008)
Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"aye",
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion
carried 6-0.
C. The Council considered an appeal of a physical hardship variance of Section
35.13.3(B) and 35.20.2(M.3.) of the Code of Ordinances concerning the requiremem for the
submittal of a Traffic Impact Analysis (TIA). The 2.203-acre parcel was generally located on
the northeasterly comer of Carroll Boulevard and Oak Street. The property was located in a
Dowmown Commercial General (DC-G) zoning district. A bank with drive-ups was proposed.
The Planning and Zoning Commission denied the variance request by a vote of 3-3, 1 abstemion.
(I/02-0013, Carroll Addition TIA variance)
Dave Hill, Assistant City Manager of Development Services, stated that the applicant was
appealing the Planning and Zoning Commission's decision to deny the physical hardship variance
concerning the requirement of a Traffic Impact Analysis.
Council Member Phillips asked what a Traffic Impact Analysis would accomplish.
Hill stated the TIA could provide an analysis of the level of service and safety issues at the
imersections of Carroll/Oak and Carroll/Pearl with and without the additional traffic and any
immediate and/or future improvemems (such as restriping, improved signage, signal
installation). It could provide information on the need for a right mm lane for the driveway on
Carroll or Oak.
Council Member Momgomery asked when the developer was notified of the need for the Traffic
Impact Analysis.
Hill stated that he thought the developer was notified on October 23 that a TIA would be
required.
The following individuals spoke regarding this item:
Alan Bussell, 1668 Amanda Court, spoke in support
Marty Rivers, 2000 Whitefish Court, spoke in support
Russell Bates, 1300 N. Locust, spoke in support
Brock motioned, Montgomery seconded to approve lhe appeal.
On roll vote, Burroughs "aye",
City of Demon City Council Minutes
December 10, 2002
Page 12
McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion
carried 6-0.
D. New Business
The following items of New Business were suggested by Council Members for future agendas:
1. Mayor Brock requested an update on recycling in the City.
Mayor Brock stated there were concerns of university communities and
how to deal with remal property concerns. She requested information
available about what other cities did and what concerns other citizens
might have.
Council Member Redmon asked if the City had a policy on animals being
killed in the city limits for human consumption.
Council Member Redmon requested a report from the racial profiling task
force.
Council Member Redmon asked if the City had a policy on how to handle
graffiti and the ability of Code Enforcemem to cite people for violations.
He spoke of two railroad trestles that needed painting- one on Dallas Drive
and one on Robertson.
E. Items from the City Manager
City Manager Conduff stated that Council had upcoming meetings with the Chamber of
Commerce and wanted to point out that the Executive Director of the Chamber would be 50.
F. There was no continuation of the Closed Meeting under Sections 551.071-
551.086 of the Texas Open Meetings Act.
G. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 8:40 p.m.
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
EULINEBROCK
MAYOR
CITY OFDENTON, TEXAS
01/07/03 Item #4B
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
January 7, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Ed Hodney 349-8271
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to execute Change Order
Number One to the contract between the City of Denton and Jones and Jeffery Construction
Company, Inc.; providing for the expenditure of funds; and providing an effective date (File
2946-Bid 2900 Evers Park Parking Lot Improvements Change Order Number One in the amount
of $177,130).
BID INFORMATION
Change Order Number One to the contract for parking lot improvements at Evers Park is for the
addition of similar parking lot improvements at Denia Park Softball Complex. The unit prices
for construction remain unchanged and the total change order price is within the 25% allowed by
State Law. This addition is for the construction of a concrete parking lot with 200 parking spaces
and 341 feet of 10-inch sidewalk.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
Council approved Bid 2900 Evers Park Parking Lot Improvements on November 5, 2002 in the
amount of $718,529.
RECOMMENDATION
We recommend the approval of Change Order Number One in the amount of $177,130. The total
contract amount is revised to $895,659.
PRINCIPAL PLACE OF BUSINESS
Jones And Jeffery Construction Company, Inc.
Denton, Texas
ESTIMATED SCHEDULE OF PROJECT
This change order will not affect the first phase of the scheduled completion date, which is
March 15, 2003.
Agenda Information Sheet
January 7, 2003
Page 2
FISCAL INFORMATION
Funding for this project will be provided from Parks account 40001900.1365.40100.
Attachment 1: Change Order
1-AlS-Bid 2900 Change Order One
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1
CHurN'GE ORDER / CONTI~&CT REVISION
CiD- of Denton, Texas Owner
Distributed to:
Owner/ / Contractor / /
Jones and Jeffrey Construction Co.
Bid #2900 PO #107945 Change Order #1_
Project:Evers Park Parldng Lot Proiect Dated: 12-16-02
Contractor: Jones and Jeffrey Construction Co. Contract Date: 10-23-02
3801 E. McKinnev
DentomTX 76208
This Change Order/Revision makes the following changes in this contract.
Add: Construction of concrete parking lot at DeNa Park Softbal~ comple~ south
lot. 200 spaces. 341'x 10' sidewalk to north parlfing lot. $177,130.00
The Original (Contract Sum) ................................................................. $718.529.00
Net Change by previously authorized change orders ....................................... $.00
The (Contract Sum) prior to this change order .................................. S718,529.00
The (Contract Sum) will be (increased) by this change order .............. S177,130.00
The New(Contract Sum) including this change order will S895~659.00
The contract time will be (increased) by ..................................... N/A
The date of substantial completion as of the date
of this change order therefore is ...................................... N/A
Contractor (as abo~e)
Address - \
City of Denton
Owner
901-B Texas Street
Address
Denton. IX 76201
Signature
Print Name and Title
Date
Si~,nam~
PrintName
Date
JONES
& JEFFERY CONSTRUCTION COMPANY
380~. E. McKtlNNEY
SUBMITTED TO: Cit'/of Denton
321 E. McKinney
Denton. Texas 76201
DATE: 12-Dec-02
A'I'TN: Bob Tickner PROJECT: Denia Park
P~rking Lot
We hereby submit specifications and estimates for:
A NEW PA RKtNG L O T FOR DENIA PARK A S PER PLANS DA TED 10/25/02.
INCLUDES:
Dirt'work
Rebar. Dowels & Ex/Joint
Labor
Concrete Materials
Tie Wire
Nails
Pump Truck
Forming Materials
Light Poles
Light Pole Bases
Saw Cutting
Sealants
Backfilling
Clean up
Saw Cutting & Demolition for Concrete & Asphalt
Striping
Cables & Post
Handicapp Signs
Asphalt Patch
Paint Handicapp Ramps
Sand
Sleeves
Bonds & Insurance
S 167730 O0
We Propose hereby ~o furnish materfal and labor - complete in accordance with above specifications, the sum of:
One Hundred Sixty Seven Thousand Seven Hundred Thirty & O0/1OO ~ Dollars S 167730.00
Respectfully submitted, Acceptance of Proposal
Jo~,C°" Inc.
Robert W. Jones, Jr. - President Owner
t'7-13isproposal may by usaccepted 30 days.
be
if not
within
All materfal is guaranteed to be as specified. All work to be complete in a workmanlike manner according to standard
ractices. Any alteration or deviation from above specifications involwng extra cost will be executed only upon wrftten
rders, and will become an exl:ra charge over and above the estimate. All agreements contingent upon strikes, accidents
r delays beyond our control. Our workers are rTJily covered by Workrnan's Compensation Insurance.
JONES
& JEFFEPY C:ONSTF~UC:TION COMPANY'
3~0: E McK~NNEY
,DF'~TON. '~XAS ?6208
~817'~ 382-312A FAX: (817) 566-2;.76
SUBMITTED TO: City of Denton
321 E. McKinney
Denton, Texas
AT-TN: Bob Tickner
DATE: 17-Dec-02
PROJECT: Denia Park
We hereby submit specifications and estimates for:
lABOR AND MATERIAL TO iNSTALL 341'x 10' Walk Trail at Denia Park
S 9,400,00
We Propose hereby to furnish material and labor - complete in accordance with above 5pecificab'ons, the 5um of:
Nine Thousand Four Hundred & 00/100 Dollars $ 9.400.00
Respectfully submitted, Acceptance of Proposal
J~Co., Inc.
Robert W. Jon~s, J~. - Pr~t~ident Owner
tl-hisproposal may by us accepted days.
wi~ldl~wn
if not
within
30
All material is gua~nteed to be as specified. All work to be complete in a workmanlike manner according to standard
ractices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written
rclers, and will bec~me an ext~ charge over and above me estimate. All agreement5 contingent upon strikes, accident~
r de~ays beyond our control. Our workers are fully covered by Workrnan's Compensation Insurance,
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERNUMBER
ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JONES AND JEFFERY
CONSTRUCTION COMPANY, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2946-BID-2900-EVERS PARK
PARKING LOT IMPROVEMENTS CHANGE ORDER NUMBER ONE IN THE AMOUNT OF $177,130).
WHEREAS, on November 5, 2002 by Ordinance No. 2002-357, the City awarded a public works
contract to Jones Jeffery Construction Company, Inc. in the amount of $718,529 for the Evers Park Parking
Lot;
WHEREAS, the Staff having recommended, and the City Manager having recommended to the
Council that a change order be authorized to amend such contract agreement with respect to the scope of work
and an increase in the payment amount, and said change order fees under the proposed contract are fair and
reasonable and are consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Change Order No. One, increasing the amount of the contract between the City and
Jones and Jeffery Construction Company, Inc., which is on file in the office of the Purchasing Agent, in the
amount of One Hundred Seventy Seven Thousand One Hundred Thirty and 0/100 Dollars, is hereby approved
and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total
purchase order amount increases to $895,659).
SECTION 2. That this ordinance shall become effective immediately upon its 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:
-File 2946-Bid 2900-Change Order One
01/07/03 Item #4C
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
January 7, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Mark Nelson 349-7702
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of a Type 11 Transit Bus; providing for the expenditure of funds therefore; and
providing an effective date (Bid 2867-Transit Buses awarded to Lasseter Bus and Mobility in the
amoum of $174,246).
BID INFORMATION
This bid is for the purchase of one additional Type 11 transit bus with nineteen ambulatory
passenger and two wheelchair positions. This bus along with two Type 3 buses and two Type 11
buses previously approved by Council will replace transit buses owned by the City of Demon
that are no longer economical to maintain. The Type 11 bus is propane powered and meets EPA
emission standards.
RECOMMENDATION
We recommend the award for an additional Type 11 bus be awarded to the lowest responsible
bidder Lasseter Bus & Mobility in the amoum of $174,246. The options are not recommended
for award.
PRINCIPAL PLACE OF BUSINESS
Lasseter Bus & Mobility
Lewisville, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of this bus is required to be no later than April 15, 2003.
FISCAL INFORMATION
Funding for these buses will be from a combination of Federal Transit Administration Gram
business unit 9504169 and Texas Department of Transportation Grant business unit 95057202.
No local funding will be required.
Agenda Information Sheet
January 7, 2003
Page 2
Attachment 1: Bid Tabulation
1-AlS-Bid 2867 Transit Buses
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
I-
Z
LU
(/)
W
(/)
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A TYPE 11 TRANSIT BUS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2867-TRANSIT BUSES
AWARDED TO LASSETER BUS & MOBILITY IN THE AMOUNT OF $174,246).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID
NUMBER VENDOR AMOUNT
2867 Lasseter Bus and Mobility $174,246
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:
Bid 2867 Transit Buses 2003
01/07/03 Item #4D
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
January 7, 2003
Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an Ordinance of the City of DeNon, Texas authorizing the
expenditure of funds for the paymems by the City of DeNon for Electrical Energy
Transmission fees to those listed cities and utilities providing energy transmission
services to the City of Demon; and providing an effective date (Purchase Order 108983 to
American Electric Power in the amount of $65,999; Purchase Order 108984 to Reliant
Energy in the amoum of $81,484.25; Purchase Order 108985 to Oncor/TXU in the
amoum of $84,590.25; and Purchase Order 108986 to Lower Colorado River Authority in
the amoum of $54,566 for a total amoum of $286,639.50).
BID INFORMATION
The four purchase orders reflect the estimated cost of transmission of electrical energy
from the generation source to the Denton Municipal Electric Distribution System for
October through December 2002.
The purchase orders are for paymem of a fee imposed by the Public Utility Commission
of Texas (PUCT) for planned transmission services of energy delivered to the City of
DeNon. The Public Utility Regulatory Act of 1995 (PURA 95) required the developmem
of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also
placed municipal utilities under the jurisdiction of PUCT for matters related to
transmission. As a result, the Denton Municipal Electric Utility has been ordered by the
PUCT to pay various other electric utilities in the State specific amounts. The subject
purchase orders provide the City of DeNon the authority required by the City Charter to
make those payments.
These purchase orders will encumber funds estimated as costs for services through
December 31, 2002. No funds will actually be spem umil invoices are received,
reviewed, and approved.
RECOMMENDATION
We recommend approval of Purchase Order 108983 to American Electric Power in the
amoum of $65,999; Purchase Order 108984 to Reliam Energy in the amoum of
$81,484.25; Purchase Order 108985 to Oncor/TXU in the amoum of $84,590.25; and
Purchase Order 108986 to Lower Colorado River Authority in the amoum of $54,566 for
a total amoum of $286,639.50.
Agenda Information Sheet
January 7, 2003
Page 2
PRINCIPAL PLACE OF BUSINESS
American Electric Power
Columbus, Ohio
Lower Colorado River Authority
Austin, Texas
Oncor/TXU
Dallas, TX
Reliant Energy
Houston, TX
FISCAL INFORMATION
Funds to meet these regulatory fee obligations were budgeted in 2002-2003 account
(600400.6072).
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Purchase Orders 108983, 108984, 108985, 108986
1-AIS-File 2943
Attachment 1
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Attachment 1
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..1.1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY
TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE
DATE (PURCHASE ORDER 108983 TO AMERICAN ELECTRIC POWER IN THE AMOUNT
OF $65,999; PURCHASE ORDER 108984 TO RELIANT ENERGY HL & P IN THE AMOUNT
OF $81,484.25; PURCHASE ORDER 108985 TO ONCOR/TXU IN THE AMOUNT OF 84,590.25;
AND PURCHASE ORDER 108986 TO LOWER COLORADO RIVER AUTHORITY IN THE
AMOUNT OF $54,566 FOR A TOTAL AMOUNT OF $286,639.50).
WHEREAS, in order to comply with the legislative requirements contained in the Utility
Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is
required to pay such fees imposed by the Public Utilities Commission of Texas to four listed utilities
set forth in Exhibit "A": and
WHEREAS, the City Manager has reviewed and recommended that the City Council
approve and authorize the payment of such; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the expenditure of funds in the amount of $286,639.50 to be paid to the
Listed Utilities in the specified amount shown on Exhibit "A", which is attached to and made a part
of this ordinance for all purposes is hereby authorized.
SECTION 2. That this ordinance shall become effective immediately upon its 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:
EXHIBIT "A"
Purchase Order 108983 - American Electric Power
Purchase Order 108984 - Reliant Energy
Purchase Order 108985- Oncor/TXU
Purchase Order 108986- Lower Colorado River Authority
Total
$65,999.00
$81,484.25
$84,590.25
$54,566.00
$286.639.50
01/07/03 Item #4E
AGENDA INFORMATION SHEET
AGENDA DATE: January 7, 2003
DEPARTMENT: Fiscal and Municipal Services
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of a resolution by the City Council of the City of Demon relating to the
issuance of taxable bonds and notes by North Texas Higher Education Authority, Inc.;
approving the issuance of such bonds and the use of the proceeds of such bonds and;
making certain findings in connection therewith.
BACKGROUND
The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non-
profit corporation for the purpose of furthering educational opportunities of students by
providing funds for the acquisition of student loans. The Cities of Arlington and Denton
exercise the powers enumerated under Section 53.47 of the Texas Education Code and the
Cities appoint the directors of the Authority. Under Section 53.47 the Authority may issue
revenue bonds or borrow money to provide funds for the purchase of studem loans
guarameed under provisions of the Higher Education Act of 1965, as amended. The
Authority issued its first revenue bonds for such purpose in 1979.
NTHEA is required by law to obtain approval from its sponsoring cities for issuances of
debt to finance its student loan secondary market program activities. The City has
previously approved the Authority's borrowing under taxable lines of credit.
In October 2002, the Authority applied for and received a reservation of tax-exempt
allocation under the state volume cap for $35 million; however, the Authority's student
loan purchases over the next year are expected to exceed this amount. Therefore the
Authority proposes to issue approximately $68 million in taxable auction rate securities in
conjunction with the tax-exempt bonds for a total of approximately $103 million in bonds.
The proceeds will be used to refund certain existing debt and to acquire loans from lenders
participating in the Authority's program, as well as to fund consolidation loans for certain
of the Authority's borrowers who have loans with multiple lenders and can benefit from
the consolidation program.
NTHEA is requesting the City's approval of the issuance of up to $300 million in
combined taxable and tax-exempt financing to cover issuances over the following two
years to avoid the burden on the Council of considering this topic again within the next
twelve months. Should the Texas Attorney General request separate approvals for each
subsequent financing, NTHEA will be required to seek the additional approval.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Since 1979 Council has approved resolutions to issue student loan revenue bonds.
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
Memo from NTHEA
Resolution
Respectfully submitted:
Kathy DuBose, Assistant City Manager
Fiscal and Municipal Services
North Texas Higher Education Authority, Inc.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and Council
City of Denton
North Texas Higher Education Authority, Inc.
December 12, 2002
Request for Approval for Issuance of Taxable
Student Loan Revenue Bonds
As you know, the North Texas Higher Education Authohty, Inc. (NTHEA) is required by
law to obtain approval fi-om its sponsoring cities for issuances of debt to finance its student loan
secondary market program activities. The Authority last came to you in March 2002 for approval of
$155 million in taxable auction-rate securities to fund its program for the remainder of 2002. Those
funds have been used by NTHEA, together with recycled principal from existing bond issues to acquire
student loans from its participating lenders.
In October 2002, NTHEA applied for and received approval for a reservation of tax-
exempt allocation under the state volume cap for $35 million; however, the Authority's student loan
purchases over the next year are expected to exceed this amount. Therefore the Authority proposes to
issue approximately $68 million in taxable auction rate securities in conjunction with the tax-exempt
bonds for a total of approximately $103 million in bonds. The proceeds will be used to refund certain
existing debt and to acquire loans fi-om lenders participating in the Authority's program, as well as to
City of Denton2003.DOC
1250 E. Copeland Rd., Suite 200 · Arlington, Texas 76011-4921 · (817) 265-9158 · www.nthea.com
fund consolidation loans for certain of the Authority's borrowers who have loans with multiple lenders
and can benefit fi.om the consolidation program.
NTHEA is requesting the City's approval of the issuance of up to $300 million in combined
taxable and tax-exempt financing to cover issuances over the following two years to avoid the burden
on the Council of considering this topic again within the next twelve months. Of course, should the
Texas Attorney General request separate approvals for each subsequent financing, NTHEA will be
required to seek the additional approval.
The attached summary will provide you with details of the Authority's historical financing
activities. Also, you may be interested to know that to date, NTHEA has acquired loans aggregating
approximately $1.4 billion, of which approximately $677 million is currently outstanding.
As always, the City's support is gratefully acknowledged. NTHEA is proud to be in the
sponsorship of a council who believes strongly in its stated purpose of providing students access to
financial assistance for higher education.
Should you have any questions or require further information, please contact:
Kathryn Bryan, Assistant Secretary
North Texas Higher Education Authority, Inc.
1250 East Copeland Road, Suite 200
Arlington, TX 76011-4921
(817) 265-9158
Thank you again for your interest and support of the program.
Enclosure
City of Demon2003.DOC
NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.
FINANCING ACTIVITIES
1979-December 12, 2002
Tax-Exempt Financings:
Date Type
1979 Series A
1980 Series B
1982 Series A
1982 Series B
1983 Series A&B
1985 Series A
1987 Series 1987
1990 Series 1990
Amount
$10,000,000
6,000,000
11,845,000
25,000,000
50,000,000
23,100,000
98,000,000
50,000,000
1991 Series 1991A-F 153,500,000
1991 Series 1991G 90,000,000
1993 Series 1993 A-D 140,000,000
1996 Series 1996 A-D 43,000,000
1998 Series 1998
2000 Series 2000 A
2000 Series 2000 B
2001 Series 2001 A
Total Tax Exempt
Financings
40,815,000
67,580,000
35,000,000
39,545,000
$883,385,000
Purpose
Current
Outstanding
Balance
Credit
Provider
New Loan Purchases
New Loan Purchases,
Refund Series A&B
New L°an Purchases
New Loan Purchases
Refund 1982B
Refinance Loans Held Under Line
of Credit
Refinance Loans Held Under Line
of Credit
Refinance West Texas Debt/New
Loan Purchases
Refinance West Texas Debt
Ref'mance 1991G Bonds/New Loan
Purchases
Re£mance Portion of 1991
Bonds/New Loan Purchases
Refinance Portion of 1993
Bonds/New Loan Purchases
Refmance Portion of 1991 & 1993
Bonds and Line of Credit
New Loan Purchases
Refinance Portion of 1993 Bonds/
New Loan Purchases
87,750,000
41,000,000
50,000,000
-0-
100,755,000
43,000,000
40,815,000
61,080,000
35,000,000
39,545,00O
$498,945,000
None
None
AMBAC
AMBAC
AMBAC
AMBAC
Bank of America
Sallie Mae
AMBAC/ Sallie
Mae
Mitsubishi
Sallie Mae
AMBAC
Bank of America
Bank of America
Bank of America
Sallie Mae
FINAN2002.DOC
NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.
FINANCING ACTIVITIES
1979-December 12, 2002
Taxable Financings:
Date Type
Amount
Purpose
Current
Outstanding
Balance
Credit
Provider
1986 Line of Credit
1989 Line of Credit
1990 Line of Credit
1995 Four-year
Advance
1996 Line of Credit
2000 Line of Credit
2002 Series 2002
Total Taxable Financings
$ 90,000,000
100,000,000
50,000,000
25,000,000
50,000,000
75,000,000
155,000,000
$ 545,000,000
New Loan Purchases and to
Refinance Loans Held Under Series
1983A and 1983B
New Loan Purchases
Interim Financing of Loans for
1990 Bonds
New Loan Purchases
New Loan Purchases
New Loan Purchases
New Loan Purchases and to
Refinance LMA Line of Credit
50,000,000
-0-
-0-
-0-
75,000,000
155,000,000
$ 280,000,000
Fuji Bank
Sallie Mae
Bank One
Sallie Mae
Fuji Bank
Bank of
America
Sallie Mae
FINAN2002.DOC
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO
THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY,
INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE
PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the North Texas Higher Education Authority, Inc. (the "Authority") was
established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the
purpose of furthering educational opportunities of studems by providing funds for the acquisition
of student loans; and
WHEREAS, the City of DeNon and the City of Arlington have requested the Authority
to exercise the powers provided for in Section 53.47 of the Texas Education Code, as amended,
for and on their behalf; and
WHEREAS, pursuant to such request, the Authority has proceeded in the development of
a plan of finance and has issued studem loan revenue bonds or otherwise borrowed money to
obtain funds to purchase studem loans which are guaranteed under the provisions of the Higher
Education Act of 1965, as amended, and additional funds are now needed to cominue the
program;
WHEREAS, pursuant to Section 147(f) of the Imernal Revenue Code of 1986, as
amended, a public hearing was conducted, following reasonable public notice, with respect to the
issuance of those studem loan revenue bonds of the Authority which are tax-exempt; and
WHEREAS, the Authority requests that the City approve the Authority's issuance of
bonds, to be issued in one or more series, as needed, to augmem the Authority's studem loan
program;
WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided
that City is not responsible in any way for such bonds, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of DeNon, Texas, hereby grants its
approval to the North Texas Higher Education Authority, Inc. to issue and deliver studem loan
revenue bonds or other obligations, in one or more series in an amount not to exceed
$300,000,000, for the purposes of obtaining funds to purchase studem or parem loan notes which
are guaranteed under the Higher Education Act of 1965, as amended; refunding outstanding
obligations of the Authority; and setting aside the amount the Authority determines is necessary
for a reserve and for operating costs and paying the cost of issuing such obligations in
accordance with the laws of the State of Texas, including Chapter 53, Texas Education Code.
-1-
SECTION 2. The City of DeNon, Texas requests that the Authority exercise the powers
enumerated and provided for in Section 53.47, Texas Education Code, as amended, and that such
non-profit corporation shall, in this connection, exercise such powers for and on behalf of the
City of DeNon, Texas and the State of Texas, as comemplated by Section 53.47(e), Texas
Education Code, as amended.
SECTION 3. The City of DeNon, Texas does not agree to assume any responsibility in
connection with the administration of the Authority's studem loan program. Sole responsibility
for the administration of the Authority's studem loan program is assumed by the Authority.
SECTION 4. Further, it is recognized by the City of Denton, Texas that the instruments
which authorize the issuance of bonds, notes, or obligations by the Authority will specifically
state that the City of Denton, Texas is not obligated to pay the principal of or interest on the
bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution
shall be construed as an indication by the City of DeNon, Texas that it will pay or provide for the
paymem of any obligations of the said Authority whether theretofore or hereafter incurred; and
in this connection, attention is called to the Constitution of the State of Texas, wherein it is
provided that a city may incur no indebtedness without having made provisions for its paymem,
and the City Council of the City of DeNon, Texas hereby specifically refuses to set aside any
present or future funds, assets or money for the payment of any indebtedness or obligation of the
Authority.
SECTION 5. It is hereby officially found and determined that the meeting at which this
resolution is passed is open to the public, as required by law, and that public notice of the time,
place and purpose of said meeting was posted, as required by law.
SECTION 6. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
-2-
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
-3-
01/07/03 Item #4F
AGENDA INFORMATION SHEET
AGENDA DATE: January 7, 2003
DEPARTMENT:
Electric Utility
ACM: Howard Martin, 349- 8232
SUBJECT
Consider approval of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a Third Amended Contract for Professional Legal Services with the Law Firm of
Dickstein, Shapiro, Morin & Oshinsky, L.L.P. for services pertaining to continued partial electric
generation divestiture issues; authorizing the expenditure of funds therefor; providing for
retroactive approval of the agreement; and providing an effective date.
BACKGROUND
Due to the deteriorating financial situation of PG&E Energy Trading, it was necessary to respond
on an emergency basis to the assigmnent of the Denton Municipal Electric (DME) Transition
Power Agreement (TPA) from PG&E Energy Trading to Constellation Power Source. It was
also necessary to create certain agreements defining the disposition of the Lake Ray Roberts and
Lake Lewisville hydroelectric plants.
During the next month, DME will also be required to review the legal implications of the
potential sale of the Spencer Generating Plant as it relates to DME, both in general and in regard
to assignment of certain agreements related to the technical coordination between the DME
distribution and transmission system and the plant. DME will also be required to apply to the
Federal Electric Regulatory Commission (FERC) for permission to decommission the Lake Ray
Roberts hydroelectric Plant, as requested by the water department.
I t is necessary to amend the subject agreement to cover both the cost of the emergency work that
has already been completed and the remaining expected tasks.
OPTIONS
None
RECOMMENDATIONS
DME recommends approval of the Third Amendment.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
The Public Utilities Board will consider this item at its January 6th, 2003 meeting.
FISCAL INFORMATION
Costs not to exceed $60,000 for a total expenditure under this contract of $901,058.40.
EXHIBITS
1. Ordinance
2. Agreement
Respectfully submitted:
Sharon Mays
Director of Electric Utilities
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A THIRD AMENDED CONTRACT FOR PROFESSIONAL
LEGAL SERVICES WITH THE LAW FIRM OF DICKSTEIN, SHAPIRO, MOP, iN &
OSHINSKY, L.L.P. FOR SERVICES PERTAINING TO CONTINUED PARTIAL ELECTRIC
GENERATION DIVESTITURE ISSUES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; PROVIDING FOR RETROACTIVE APPROVAL OF THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to continue to engage the law firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P.
("DSMO"), of Washington, D.C., to provide professional legal services incident to, pertaining to,
and directly related to issues following the continued Denton Municipal Electric partial
generation divestiture; and
WI-~REAS, the City has previously retained the professional legal services of DSMO on
this matter on April 6, 1999, and had operated under a Contract For Professional Legal Services,
in the amount of $450,000 thereafter, until all the funds provided for therein were expended; and
WHEREAS, the City has also previously retained the professional legal services of
DSMO on February 20, 2001, and has operated under a First Amendment to Contract for
Professional Legal Services in the additional amount of $300,000 thereafter, for further legal
advice regarding the partial electric divestiture transaction, until all the funds were expended;
and
WHEREAS, the City has further previously retained the professional legal services of
DSMO on July 16, 2002, as provided by Ordinance No. 2002-221 because of the need to
complete certain final legal activities regarding the consummation of the sale and certain follow-
up activities that were necessary to be performed regarding the hydroelectric facilities, and that
the Second Amended Contract for Professional Legal Services was thereby entered into,
finalizing the electric generation divestiture, in the further amount of $91,058.40, totaling
$841,058.40; which amount is currently near exhaustion; and
WHEREAS, in the month of November, 2002, PG&E unexpectedly provided the City
with notice of its intention to transfer all of its interest in the Transition Power Agreement by and
between itself and the City to a third party by the close of December 2002; and later, on
December 2, 2002, provided the City with further written notice that it also desired to sell the
Spencer Generation Plant and related hydroelectric facilities to a third party; City staff has had to
react immediately to these notices and the law firm of Dickstein, Shapiro, Morin & Oshinsky, of
Washington, D.C. has begun work, immediately, as the City has requested, and represented its
interests with regard to the PG&E-related transactions; and
WHEREAS, the scope of work for this transaction was not planned or provided for in the
three prior professional service contracts entered into between the City and DSMO, such
additional work is estimated to be in the amount of $60,000 additional, totaling $901,058.40; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the highly specialized legal services and tasks, with
its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and the City Council hereby finds and concludes that DSMO
is appropriately qualified under the provisions of the law, to be continued as outside legal
counsel for the City, specifically Denton Municipal Electric, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional legal services, as set forth in
this Third Amendment to Contract for Professional Legal Services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a Third
Amendment to Contract for Professional Legal Services with the law firm of Dickstein, Shapiro,
Morin & Oshinsky, L.L.P., of Washington, D.C. for professional legal services relating to and
following up on the Denton Municipal Electric divestiture, in substantially the form of the Third
Amendment to Contract for Professional Legal Services attached hereto and incorporated
herewith by reference.
SECTION 2: That the award of this Third Amendment to Contract is on the basis of the
continued demonstrated competence and qualifications of DSMO, and the ability of DSMO, to
perform the professional legal services needed by the City for a fair and reasonable price
considering all the circumstances.
SECTION 3: That the expenditure of funds as provided for in the attached Third
Amendment to Contract for Professional Legal Services is hereby authorized.
SECTION 4 That as to the payment of fees and expenses, the Third Amendment to
Contract for Professional Legal Services is hereby ratified and retroactively approved, and shall
be effective from and after December 1, 2002.
SECTION 5: That except as provided in Section 4 hereinabove, this ordinance shall
become effective immediately upon its passage and approval.
2
PASSED AND APPROVED this
dayof
2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our DocumentskOrdinances\02kDSMO Third Amended Conlraet- 2003 DME ord.doc
3
THE STATE OF TEXAS
COUNTY OF DENTON
THIRD AMENDMENT
TO CONTRACT FOR PROFESSIONAL LEGAL SERVICES
THIS THIRD AMENDMENT to that certain Contract for Professional Legal
Services (hereafter the "Contract"), executed April 6, 1999; dated effective as of March
12, 1999, heretofore entered into by and between the City of Denton, Texas, a Texas
Municipal Corporation with its offices at 215 East McKinney Street, Denton, Texas
76201 (hereat~er referred to as "CITY"); and the law firm of Dickstein, Shapiro, Morin &
Oshinsky, a Limited Liability Parmership, with its offices at 2101 L Street NW,
Washington, D.C. 20037 (hereafter referred to as "LEGAL ADVISOR"); acting herein
by and through their respective duly authorized signatories; and
WHEREAS, said Contract was further amended by that certain "First Amendment
to Contract for Professional Legal Services" (hereafter the "First Amended Contract"),
heretofore entered into by and between CITY and LEGAL ADVISOR, executed
February 20, 2001; dated effective as &January 1, 2001; and
WHEREAS, said Contract and the First Amended Contract, heretofore entered
into by and between CITY and LEGAL ADVISOR, executed July 16, 2002, as provided
by Ordinance No. 2002-221, was further amended by that Second Amendment to
Contract For Professional Legal Services ("Second Amended Contract"), dated effective
June 1, 2001; and
WHEREAS, said Contract, First Amended Contract, and Second Amended
Contract are hereby further amended by this Third Amendment to Contract For
Professional Legal Services (''Third Amended Contraet"); to provide for further legal
services for the City of Denton, Texas.
NOW THEREFORE, the City of Denton, Texas and the firm of Dickstein,
Shapiro, Morin & Oshinsky (hereafter collectively referred to as the "PARTIES"), in
consideration of their further mutual promises and covenants, as well as for other good
and valuable considerations, do hereby AGREE to the following further amendments to
the terms and condition~ of the Contract, the First Amended Contract, and the Second
Amended Contract, to wit:
That the provisions of Section ITI. C. of the Contract, the First Amended Contract,
and the Second Amended Contract shall instead read an additional SIXTY THOUSAND
and NO/100 DOLLARS ($60,000.00) effective December 1, 2002, as follows:
Legal Advisor and the City agree that charges for the legal services
contemplated under this Agreement, including all professional services
rendered by Legal Advisor and Subcontractor combined, and including
direct out-of-pocket expenses, shall not exceed NINE HUNDRED ONE
THOUSAND FIFTY EIGHT AND 40/100 DOLLARS ($901,058.40).
II.
The PARTIES agree, that except as specifically provided for by this Third
Amendment to Contract For Professional Legal Services, that all of the terms, covenants,
conditions, agreements, rights, responsibilities, and obligations of the parties set forth in
the Contract, shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Denton, Texas and the firm of Dickstein,
Shapiro, Morin & Oshinsky, L.L.P. have executed this Third Amendment To Contract
For Professional Legal Services, in (4) original counterparts, by and through their
respective duly authorized representatives and officers on this the __ day of January,
2003; however, to be effective and ratified from and after December 1, 2002.
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
Michael A. Conduff, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
ATTEST:
"CONSULTANT"
DICKSTEIN, SHAPIRO, MORIN & OSHINSKY
A Limited Liability Partnership
By:
S:\Our Dacumems\Contracts~02~/)SMO Third Amended Agrmt-Post-TA DME 2003,doc
3
01/07/03 Item #4G
S:\Our Docmments~FORMShAgenda lnfbrmarion Sheer Legislative. doc
AGENDA INFORMATION SHEET
AGENDA DATE: January 7, 2002
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT A resolution amending Resolution No. R2002-54 of the City of Denton, Texas,
adopting the City of Demon's 2003 State Legislative Program, providing a repealer, and
providing an effective date.
BACKGROUND On November 19, 2002 the City Council adopted Resolution No. 2002-54
adopting the City of Denton's 2003 State Legislative Program. In recent meetings x~th the
Denton Chamber of Commerce and with receipt of input from the State & Local Committee we
have made some changes to clarify the background information. On page 9 we have added
information that College Station and San Marcos have been impacted by Hgher Educational
authorities taking large apartment complexes off the tax rolls. On page 10 we separated the
internet sales tax legislation from the sales tax and property tax background information. We
moved Homeland Security to page 11 to put more emphasis on Transportation as the most
important issue.
OPTIONS
The City Council may pass the resolution.
The City Council may consider adding to the resolution some of the items discussed.
3. The City Council may decide not to pass the resolution.
RECOMMENDATION: Staff recommends approval of the resolution.
FISCAL IMPACT There is no fiscal impact as a result of this resolution.
Respectfully submitted:
Herbert L. Prouty
City Attorney
S:\Our Documents\Legislation\02 State\Legislation Amendment Resolution.doc
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. R2002-54 OF THE CITY OF
DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2003 STATE
LEGISLATIVE PROGRAM; PROVIDING A REPEALER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Seventh-eighth Texas Legislature will convene in January, 2003; and
WHEREAS, many legislative issues affecting local government will be considered; and
WHEREAS, the City of Denton has developed a legislative program for consideration by the
Legislature which was adopted by Resolution No. R2002-54;
WHEREAS, the City of Denton desires to amend Resolution No. R2002-54 to clarify some
of the background information and to adopt its legislation program, attached as Exhibit "A", NOW,
THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1: That Resolution No. R2002-54 is hereby amended and the City of Denton's
2003 State Legislative Program for the City of Denton is adopted as set forth in Attachment "A",
incorporated herein and made a part of this resolution for all purposes.
SECTION 2: That the Mayor and City Council, City Manager and the City Attorney shall
communicate the items included in the state legislative program to members of the Texas Legislature.
SECTION 3: That, for those items designated as priority, the City Attorney is directed to
draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by
providing testimony from the Mayor and City Council and City staff and through other appropriate
means.
SECTION 4: That, for those items designated as support, the Mayor and City Council, City
Manager and the City Attorney shall actively attempt to obtain passage of the appropriate legislation
if it is introduced by some other entity.
SECTION 5: That, for those items designated as endorse by the City of Denton or the
Texas Municipal League, the City Manager and the City Attorney are directed as time allows to
communicate to appropriate individuals the City Council's general support of such legislation.
SECTION 6: That the City Manager and the City Attorney are directed to oppose any
legislation which diminishes the City of Denton's home-rule authority.
SECTION 7. That all previous resolutions and orders or parts of resolutions or orders in
force when the provisions of this Resolution become effective which are inconsistent or in conflict
with the terms or provisions contained in this Resolution are hereby repealed to the extent of any
such conflict.
S:\Our Documents\Legislation\02 State\Legislation Amendment Resolution.doc
SECTION 8: This resolution shall take effect immediately from and after its passage in
accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved.
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:
2003 State Le islative Pro ram
State of Texas
78th Legislative Session
As approved by the Denton City Council
January 7, 2003
TABLE OF CONTENTS
CiTY OF DENTON MAYOR AND CiTY COUNCIL ...........................................................
CiTY MANAGER, CiTY ATTORNEY AND CiTY STAFF ...................................................
DENTON CiTY COUNCIL RESOLUTION ADOPTING LEGiSLATiVE PROGRAM ..................
Transportation Issues
· Support the creation and funding of Regional Transportation Authorities.
· Support amendments to Coordinated Transportation Authorities which created the Denton County
Transportation Authority.
· Support the Texas Municipal League's Transportation initiatives.
Tax and Finance Issues
· Require Higher Education Authorities to notify cites and receive consent before forming.
· Hotel/Motel Tax issues - Support legislation to allow a city to charge an additional 2% for
Convention Centers and to clarify the use of hotel/motel tax funds.
· Public Library Funding and Telecommunications Fund.
· Oppose - Enacting a sales tax exemption that isn't a local option exemption.
· Oppose - Enacting a property tax exemption that would be substantial erosion of the tax base.
· internet sales tax.
9
10
10
10
11
Homeland Security Issues
· Support legislation amending Chapter 418 of the Texas Government Code to allow increased
funding for Homeland Security.
· Support legislation to limit disclosure of public information beneficial to terrorist organizations.
· Support legislation to allow security briefings in closed session under the Open Meetings Act.
11
11
11
Erosion of Local Control
Oppose legislation limiting the ability of cities to control the right of way and to collect
Franchise fees.
12
Development Issues and Fees- Retain local control over development and development fees
· Oppose legislation eroding a city's development authority.
· Oppose legislation creating special districts in a City's ETJ.
12
13
Economic Development Issues
· Retain a state level presence and Retain beneficial programs in Economic Development.
· Allow cities with a population over 50,000 to have Logo Reader Boards.
13
13
Support Legislation that directly affects Univerity of North Texas and Texas Women's University
· Support full funding formulas for state universities and improved public education programs to
to promote more college graduates.
· Support full funding for the University of North Texas to implement the College of Engineering.
14
14
Support Denton ISD
· Support increasing the state share of the Foundation School Program.
· increase the fiscal capacity of the school finance system.
· increase state funding for children with special needs.
· Add a factor to school funding for exempt state and federal property.
14
14
15
15
Denton Municipal Electric Legislative Objectives
City of Denton 2003 State Legislative Program
15
Page 1
City of Denton City Council Members
Mailing Address for all of Council: 215 E. McKinney, Denton, TX 76201
Voice Mail for all of Council - 349-8555
Mayor
Euline Brock
1900 Westridge
Denton, TX 76205
E-mail: mayor@iglobal.net
Office: 349-7717
Home: 382-2436
Cell: 391-4940
Fax: 381-0106
Council Member - District 1
Raymond Redmon
1029 E. Hickory
Denton, TX 76205
E-mail: raymond.redmon@cityofdenton.com
Office: 323-2301
Home: 323-2300
Cell: 390-9475
Pager: 888-298-2383
[press 3# to leave message]
Council Member - District 2
Jane Fulton
729 Greenwood
Denton, TX 76209
E-mail: jane. fulton@cityofdenton.com
Home: 382-6888
Cell: 390-9485
Council Member - District 3
Michael Phillips
6605 Alderbrook
Denton, TX 76210
E-mail: michael.phillips@cityofdenton.com.
Office: 369-3242
Home: 381-1521
Cell: 390-2296
Council Member - District 4
Perry McNeill
1508 Gatewood Drive
Denton, TX 76205
E-mail: council4@iglobal.net
Office: 565-2364
Home: 591-6080
Cell: 390-9463
Council Member
Bob Montgomery
2329 E. Windsor
Denton, TX 76209
E-mail: b°b' m°ntg°mery@citiy°fdent°n' c°m
Home: 891-0051
Cell: 391-6545
Pager: 380-5140
Mayor Pro Tem
Mark Burroughs (Annie
15 Royal Oaks Circle
Denton, TX 76205
E-mail: markburr@iglobal.net
Office: 382-4357
Home: 381-0046
Cell: 368-1146
Fax: 591-0991
City of Denton 2003 State Legislative Program Page 2
City Manager, City Attorney and City Staff
The Denton City Council and staff would be glad to provide information, research
issues and testify on the City of Denton 2003 Legislative Program.
Municipal Offices:
City of Denton
215 E. McKinney
Denton, Texas 76201
www.cit3~ofdenton.com
Michael A. Conduff
City Manager
(940) 349-8307
Herb Prouty
City Attorney
(940) 349-8333
Ed Snyder
Deputy City Attorney
(940) 349-8333
David Hill
Assistant City Manager
Development Services
(940) 349-8314
Kathy L. DuBose
Assistant City Manager/Finance
(940) 349-8228
Howard Martin
Assistant City Manager
Utilities
(940) 349-8232
Jori Fortune
Assistant City Manager/Public Safety
and Transportation Operations
(940) 349-8535
Sharon Mays
Director
Electric Utilities
(940) 349-8487
John Cabrales
Public Information Officer
(940) 349-8509
If you or your legislative staff needs assistance from Denton or has any questions
concerning Denton's Legislative Priorities, please contact:
Dorothy Palumbo, Senior Assistant City Attorney/Legislative Coordinator
(940) 348-8393, (940) 382-7923 FAX, or email:
d°r°thy'palumb°~cit¥°fdent°n'c°m'
Betty Williams, Director of Management and Public Information
(940) 349-8302, (940) 349-8596 FAX, or email:
bettv, williams(&citvofdenton.com.
City of Denton 2003 State Legislative Program
Page 3
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. R2002-54 OF THE CITY OF
DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2003 STATE
LEGISLATIVE PROGRAM; PROVIDING A REPEALER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Seventh-eighth Texas Legislature will convene in January, 2003; and
WHEREAS, many legislative issues affecting local government will be considered; and
WHEREAS, the City of Denton has developed a legislative program for consideration by the
Legislature which was adopted by Resolution No. R2002-54;
WHEREAS, the City of Denton desires to amend Resolution No. R2002-54 to clarify some
of the background information and to adopt its legislation program, attached as Exhibit "A", NOW,
THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1: That Resolution No. R2002-54 is hereby amended and the City of Denton's
2003 State Legislative Program for the City of Denton is adopted as set forth in Attachment "A",
incorporated herein and made a part of this resolution for all purposes.
SECTION 2: That the Mayor and City Council, City Manager and the City Attorney shall
communicate the items included in the state legislative program to members of the Texas Legislature.
SECTION 3: That, for those items designated as priority, the City Attorney is directed to
draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by
providing testimony from the Mayor and City Council and City staff and through other appropriate
means.
SECTION 4: That, for those items designated as support, the Mayor and City Council, City
Manager and the City Attorney shall actively attempt to obtain passage of the appropriate legislation
if it is introduced by some other entity.
SECTION 5: That, for those items designated as endorse by the City of Denton or the
Texas Municipal League, the City Manager and the City Attorney are directed as time allows to
communicate to appropriate individuals the City Council's general support of such legislation.
SECTION 6: That the City Manager and the City Attorney are directed to oppose any
legislation which diminishes the City of Denton's home-rule authority.
SECTION 7. That all previous resolutions and orders or parts of resolutions or orders in
force when the provisions of this Resolution become effective which are inconsistent or in conflict
with the terms or provisions contained in this Resolution are hereby repealed to the extent of any
such conflict.
SECTION 8: This resolution shall take effect immediately from and after its passage in
accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved.
City of Denton 2003 State Legislative Program
Page 4
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:
City of Denton 2003 State Legislative Program
Page 5
Denton's Legislative Priorities
City of Denton 2003 State Legislative Program
Page 6
Denton's Legislative Priorities
The City of Denton has adopted the following legislative issues as priority issues for
the 78th Legislative Session. The City Council of the City of Denton has met in
workshops, participated in legislative seminars and has received information from city
staff and various groups within the community to set these priorities.
Transportation Proposals
Support the creation and funding of Regional Transportation
Authorities
Background Information: The City of Denton urges the State Legislature to
provide legislation and policy changes to create a Regional Transportation Authority
with funding for Regional Transportation Authorities in the form of (1) either raising
the existing cap on sales tax or allowing the cap to be raised on a local option basis,
(2) boosting the gasoline tax, by adding 5 to 10 cents a gallon to the existing 20 cents
taken by the state and the 18.3 cents taken by the federal government, and (3)
providing state funds to the Texas Mobility Fund to provide for revenue bonds to be
used for Regional Transportation Authorities and for any other funding for Regional
Transportation Authorities.
· Support for beneficial amendments to Section 460.051, et seq., of
the Texas Transportation Code, Coorltnated Transportation
Authority which created the Denton County Transportation
Authority
Background Information: Voters of Denton County overwhelmingly approved
the creation of the Denton County Transportation Authority. We ask our legislators to
support any beneficial amendments to Section 460.051, the legislation which created
Coordinated Transportation Authorities, which allowed the voters of Denton County
to create the Denton County Transportation Authority.
· Support the Texas Muncipal League's Transportation Initiatives
The Texas Municipal League has put together an excellent program to increase the
level and availability of state transportation funding, and Denton is fully behind these
efforts. TML will:
· Support legislation that would:
City of Denton 2003 State Legislative Program
Page 7
Provide cities with revenue that can be used for transportation funding.
Make it simpler to convert to dedicated sales tax revenue for street repair from
sales tax revenue dedicated to any other purpose.
Allow for a 1/8 cent or less street maintenance sales tax.
allowing any amount less than the current law of 1/4 cent.
Denton supports
Dedicate state revenue to the Texas Mobility Fund.
Establish desired levels of service for state-funded transportation infrastructure.
Allow TXDOT to conduct protective right-of-way acquisition procedures,
including right-of-way map and field note preparation, appraisal of right-of-
way parcels at a time commencing after the final public meeting based on final
determination by TxDOT as to the accuracy of the right-of-way requirements
established on the geometric design schematic for the final meeting.
Increase Texas trucking road use fees, but only as may be required to allow
Texas to increase fees on out of state trucks, and allocate the resulting revenue
to Fund 6 for highway funding.
Endorse legislation that would advance the concept of the Trans Texas
Corridor as advocated by Governor Rick Perry, in pilot projects, as long as
investment in other elements of transportation infrastructure is not endangered
and adequate public input is allowed.
· Oppose legislation that would further divert the state's transportation-related
revenue to non-transportation projects.
Background Information: Traffic congestion is a major problem in Denton. We
have several major highways running through our city.
To expedite highway improvements TXDOT procedures must be streamlined. Texas
needs to look seriously at the development of mass transit systems in Texas is needed.
Denton's bond election of January 2000 included for the first time a significant
amount of bond money for the study of mass transit systems. If we ranked all of the
economies and areas of the world, Texas would rank number 11. Texas has the
second highest population among the 50 states, and the Dallas-Ft. Worth-Denton area
is growing rapidly. Texas is in need of a first class transportation system to serve this
economy and its citizens.
City of Denton 2003 State Legislative Program
Page 8
Tax and Finance Issues
Amend Chapter 35 of the Texas Education Code concerning
Higher Education Authorities
Background Information: Chapter 35 of the Texas Education Code permits a city
to create a higher education authority or a nonprofit corporation to exercise powers
similar to those of a higher education authority. The nonprofit organization can issue
tax-exempt bonds to buy educational facilities or dormitories within or outside the city
that created the corporation. If the project is a dormitory, the bonds are to be paid
from the rent from the dormitory. The dormitories must be rented exclusively to
students or other persons officially connected with a university. The educational or
dormitory facilities built by an authority are exempt from ad valorem property taxes.
Some cities and private individuals, through the use of an authority, are financing the
construction of student apartment complexes outside of their extraterritorial
jurisdiction and claiming a property tax exemption. Senate Bill 914, which was
introduced in the last legislative session but not passed would establish that
educational and student housing facilities owned by higher education authorities or
certain nonprofit entities that are financed by an authority must have a connection to
an educational institution to qualify for tax exempt status. Under S.B. 914, before
issuing tax exempt bonds for these kinds of projects within the city of Denton, they
must obtain the consent of the City Council, Mayor, County Judge or Commissioners
Court. Denton supports amending state law to require the consent of the city and other
taxing entities (like school districts) that lose property tax revenue within the city that
the authority locates the dormitories in. The City of College Station has
approximately 14 apartment complexes, which have been taken off the tax rolls and
the City of San Marcos has had 2 apartments taken off the tax rolls under this law.
Support amendments to Chapter 351 of the Texas Tax Code to
allow cities to charge an additional 2% Hotel/Motel tax for the
construction, maintenance and operation of convention centers.
Background Information: Chapter 351 of the Texas Tax Code allows some
cities to charge an additional 2% Hotel/Motel tax for convention center facilities.
Denton supports amending Chapter 351 to allow cities to charge an additional 2%
Hotel/Motel tax for the construction, maintenance and operation of convention
centers.
Clarify the Use of Hotel/Motel Tax Funds
Background Information: The Hotel/Motel industry has stated that all
expenditures must directly promote tourism and the convention and hotel industry.
City of Denton 2003 State Legislative Program
Page 9
This new emphasis on the interpretation of this statute is causing controversy in many
cities. Research into the legislative history of the act indicates that the legislation was
not originally enacted to benefit the hotel/motel industry.1 In 1987 S.B. 1532 was
enacted and provided that the expenditures of the hotel/motel tax money directly
promote tourism and the convention and hotel industry. The Hotel/Motel industry is
putting a new emphasis on the word, "directly", to indicate that the expenditures must
put "heads in beds".
Denton supports beneficial amendments to Chapter 351 of the Texas Tax Code
clarifying the use of Hotel/Motel tax funds.
Library Funding and Telecommunications Infrastructure Fund
Denton recently received a TIF grant and fully supports continuation of the
Telecommunications Infrastructure Fund (TIF) and TIF grants to libraries. Denton
supports public libraries by providing state funding to increase access to full-text
online information services and by funding the Loan Star Libraries program of the
Texas State Library and Archives Commission.
Finally, Denton supports increasing direct state aid for public libraries as long as there
are no grant conditions that prohibit non-resident fees.
Oppose- Enacting a sales tax exemption that isn't a local option
exemption.
Oppose- Enacting a property tax exemption that would be a
substantial erosion of the tax base.
Background Information: Denton has numerous federal and state properties that
do not pay ad valorem taxes. In 1994 Denton passed a ½ cent sales tax for the
reduction of property tax. This means that we are heavily dependent on sales taxes.
Denton has lost over $200,000 annually in sales tax revenue as a result of the sales tax
holiday. Opting out of a sales tax holiday is not politically feasible for a municipality
in an urban area, because shoppers would go to nearby cities to take advantage of the
sales tax holiday. Expanding the sales tax holiday or adding additional items other
than school supplies - or adding additional property tax exemptions - would
significantly impact Denton.
Denton asks legislators to be cautious in considering expanding the sales tax holiday.
Expanding the number of sales tax holiday days will dramatically affect cities. We
urge legislators to make minor amendments to exempt school supplies from sales tax
during the sales tax holiday and to wait to make more amendments until after a study
of the impact on cities is complete.
~ SB 911 enacted in 1971.
City of Denton 2003 State Legislative Program
Page 10
Support Internet Sales Tax Model Legislation.
Background Information. Denton also supports model Internet sales tax legislation.
Items sold over the Internet should be taxed the same as items sold within the city, so
that one type of retailer does not have unfair advantage over another.
Homeland Security
Support legislation
Government Code
Security needs.
amending Chapter 418 of the Texas
to allow increased funding for Homeland
Support legislation to limit disclosure of public information that
might benefit terrorist organizations.
Support legislation to allow security briefings in closed session
under the Open Meetings Act
Background Information. After September 11, cities are setting new priorities:
Fire, police EMS and health officials need special equipment and extra personnel to
respond to anthrax alarms, which in some mid-sized cities have totaled as many as 60
calls in one day.
Cities must pay overtime for police to patrol power and water treatment plants and for
training to respond to biological or chemical attacks.
Security for power and water infrastructure is funded in most cities through the water
and electric utilities, which are financed by customer charges. For other costs, cities
depend on taxes, and sales tax revenues are declining in most areas. Federal grant
money should be passed through to local governments, who are first responders and
responsible for protecting citizen's water supply and electric power. Amendments to
Chapter 418 of the Texas Government Code may be necessary to allow the
Governor's Division of Emergency Management to provide technical and financial
tools to assist municipal governments with implementing emergency management
plans and services.
Texas Open Records Act - does not contain an exception for documents containing
security measures. The Open Meetings Act contains a provision that allows the city
council to meet in closed session to discuss security devices but not overall security
City of Denton 2003 State Legislative Program
Page 11
measures. Cities need to be able to protect security sensitive documents and closed
sessions concerning security issues so that terrorists will not have access to
information on security.
Erosion of local control over the Right-of-way
Oppose legislation limiting the ability of cities to control the right
of-way and to collect franchise fees.
Background Information. Under current federal or state law, no laws exist that
reduce the authority of cities to exercise their police powers for the protection of the
health, safety, and welfare of the public in connection with the use of city streets and
rights-of way by telecommunication companies and other entities providing service.
The types of regulations that cities may impose on entities that use the city's right of
way are numerous and will withstand legal challenge because they are reasonably
connected to protection of the health, safety, or welfare of the public. Denton urges
the Legislature not to adopt new legislation that limits the ability of cities to control
the right of way.
Cities collect franchise fees as compensation for the use of the right of way. These
fees reimburse the public for the use of the right of way. Denton urges the
Legislature not to adopt legislation that limits cities ability to collect franchise fees.
Development Issues and Fees
· Retain local control over development and development fees
Background Information: During the past five years Denton has allocated major
staff recourses and spent significant sums on creating a development strategy. Part of
this strategy developed the Denton Plan, 1999-2020, which deals with Land Use, The
Street, Urban Design, School placement and undeveloped areas on the edge of the
city. In February 2002 the City Council adopted the Denton Development Code to
implement the plan.
Denton citizens do not want these achievements to be undermined by legislation
eroding local control.
City of Denton 2003 State Legislative Program
Page 12
Oppose legislation creating special districts in the ETJ and enact
legislation to require special districts to notify and receive
permission from cities before forming.
Background Information: Denton provides water and wastewater to its own
citizens and also provides water and wastewater services through interocal
agreements with many smaller cities in Denton County.
There are 12 flesh water supply districts in Denton County. The City of Denton has
had problems with a fresh water supply district forming inside the city limits and had
to file litigation. Fresh water supply districts frequently have substandard
infrastructure and cannot serve the development that the district projected at build out.
These systems are not required to bid competitively and are very expensive.
Developers will often structure the debt to include a bond balloon payment. This
balloon payment is usually due around the time the system is failing. Cities are then
pressured to take over the district through annexation and are forced to spend
substantial sums to correct the problem. This is the same problem Houston faced in
the early 80s.
We urge legislators to be careful when creating special districts and make sure that
special districts notify and receive permission from cities before forming.
Economic Development Issues
Retain a state level presence and retain beneficial programs in
Economic Development.
Background Information: The state plays an important role in attracting
business investment, encouraging business growth, and supporting local economic
development recruitment and retention efforts. As the Texas Department of
Economic Development undergoes Sunset Review, we support the continuation of a
revitalized state economic development entity whose functions include promoting
Texas as a desirable location for future business expansions, new capital investment
and local recruitment and retention programs.
Support Legislation allowing Logo Reader Boards in Urban Areas
with a population of 50,000 or more.
Background Information: Specific information logo
background with a white reflective border for commercial
City of Denton 2003 State Legislative Program
Page 13
signs have a blue
establishments which
provide gas, food, lodging or camping and are located not farther than three miles
from an interchange on an eligible highway. TxDOT contracts with a private firm to
provide the signs and administer the program. Amending Chapter 391 of the Texas
Transportation Code to allow Denton and other Texas urban areas with a population
of 50,000 or more to place logo reader boards on state highways is necessary to allow
local business within three miles of the interchange to be eligible to purchase signs to
be placed on the interstate. This would allow business owners to make available their
services to interstate travelers and may increase sales tax revenue.
Support Legislation that would provide adequate funding, at or
exceeding current levels for the Texas Recreation and Parks
Account.
Background Information: The recreation and park system of the State of Texas
provides a system of parks with opportunities for recreation and exercise, which leads
to a healthier population, and increased opportunities for youth, which may lead to a
reduction in juvenile crime. Denton fully supports conservation and preservation of
cultural and natural resources in a park system for current and future generations of
Texas. The quality and quantity of park and recreation facilities provides an incentive
for economic development and increased property values. Denton is a fast growing
city with increasing demands for park and recreation facilities. Denton, the Texas
Municipal League and The Texas Recreation and Parks Society also support
legislation that would provide adequate funding, at or exceeding levels to meet the
future needs and demands of the citizens for park and recreation facilities.
Support Legislation that directly affects UNT & TWU
Background Information: Denton supports full funding formulas for universities
and improved public education programs to promote more college graduates. We
support the expansion of state excellence funding to assist our public universities in
national competition for engineering and science research funds. The University of
North Texas needs full funding to implement the College of Engineering.
Support Legislation that directly affects Denton ISD
Support increasing the state share of the Foundation School
Program to 60 percent while maintaining local control over the
allocation of resources.
· Provide additional state resources to local school districts to
increase fiscal capacity of the school finance system and to provide
districts with the resources needed to meet rising expectations.
City of Denton 2003 State Legislative Program
Page 14
· Increase state funding for children with special needs.
Addin~ a factor to the state funding formula for school districts
that are heavily impacted by exempt state and federal property.
Background Information: Denton lSD includes the University of North Texas,
Texas Women's University, Denton State School, FEMA, County government and
other tax-exempt properties. All of these entities feed students into Denton lSD
without concomitant tax payments. Denton lSD is among the lowest-ranked area
schools in terms of taxable value per student.
Because of the location in our community of the Denton State School, the Nelson
Center and other entities that serve students with special needs, Denton has a
disproportionate number of such students, many of whose families live elsewhere
in Texas.
Denton ISD expenses exceed the state average for providing educational services
to specialized populations. Denton citizens make up this difference with local
property taxes.
We urge you to consider these issues when looking at school funding formulas.
DME Legislative Objectives
Maintain the rights and protections provided to municipal
electric utilities in SB 7.
Minimize the rising administrative costs associated with
implementation of retail competition.
Support an environment that supports cost-effective
development of the electric transmission system in Texas, cost
effective siting of generation in Texas, and maintains the
reliability of the Texas electric grid.
Avoid excessive reliance on charges imposed upon electric
consumers in order to satisfy the state's budget deficit
City of Denton 2003 State Legislative Program
Page 15
Background Information: Electric Utility Issues are dynamic and ongoing in
today's market. Denton will actively monitor proposed legislation and continue to
inform legislators of Denton's position in the upcoming session.
For several legislative sessions, Denton Municipal Electric has hired and anticipates
hiring a utility expert, Jim Boyle, to act on its behalf before the Texas Legislature with
regard to legislation affecting DME. As bills are filed, DME and its representative
will contact legislators to convey Denton's position to protect its investment in DME,
including its position as member of the 4-City Texas Municipal Power Authority.
City of Denton 2003 State Legislative Program
Page 16
01/07/03 Item #4H
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
January 7, 2003
Tax
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
S~ E~ ~nt
~ aa¥~i A a~ In~
B. ACLP Swisher Road Commercial c/o Erroneous Payment 2001 648.51
Today Realty Advisors Inc.
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing
body of the taxing unit for refunds in excess of $500.00.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $1,273.35.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
01/07/03 Item #5A
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
January 7, 2003
Parks and Recreation Department
Howard Martin, 349-8232 ~
SUBJECT
Hold a public hearing and consider adoption of an ordinance granting approval of an off-
site sub-surface use of North Lakes, Denia Park and Airport Open Space Park for the
purpose of oil and gas drilling operations in accordance with Chapter 26 of the Texas
Parks and Wildlife Code; providing for an oil and gas lease; and providing an effective
date.
BACKGROUND
Gas Companies have requested consideration of off-site sub-surface use of parkland for
the purpose stated, in order to drill for oil and natural gas deposits.
State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands,
of the Texas Parks and Wildlife Code requires that:
(a) a municipality of this state may not approve any program or project that
requires the use or taking of any public land designated and used prior to the
arrangement of the program or project as a park unless the municipality, acting
through its duly authorized governing body or officer, determines that:
(1) there is no feasible and prudent alternative to the use or taking of
such lan& and
(2) the program or project includes all reasonable planning to minimize
harm to the land, as a park, resulting from the use or taking.
(b) A finding may be made only after notice and a hearing as required by this
chapter."
If the proposed oil and gas leases are allowed, a value must be placed on the acreage used
and charged to the Gas Companies. Since all drilling will be done from adjacent
property, no parkland will be disturbed.
Parks and Recreation Department have reviewed all other possible alternatives. These
alternatives included:
Allow onsite drilling for natural gas and oil on park acreage. TNs option will remove
parkland acreage from recreational use. It will also invoke the land conversion
process that will require the city to replace the land being used for drilling by adding
land adjacent to the park or another park in the general area. Also the agreement with
Texas Parks and Wildlife Department restricts drilling for minerals and mining on the
park surface when Local Park Development Grant funds were accepted in these
parks. This option does not meet acceptable legal agreements as well as concerns for
land and environmental issues.
Do not allow drilling operations to penetrate below the park land. This option will not
provide the ability to extricate oil and gas minerals from the land and any financial
returns from mineral resources.
Permit the off site drilling of gas and oil wells to extract the natural gas resources that
may exist under the surface of the park. This option is recommended to produce
future f'mancial resources for the city and the oil producer.
OPTIONS
Because alternatives to the on-site leases are not feasible, the best option is to approve the
off-site sub-surface drill use as presented.
RECOMMENDATION
After reviewing all other alternatives, staff recommends approval of the use of North
Lakes Park, Denia, and Airport Open Space Parks for oil and gas leasing. There will be
no major impact on current park operations or programs. The Parks and Recreation
Department confirms that the City of Denton has investigated all other alternatives and
has used reasonable planning to minimize harm to the land.
ESTIMATED SCHEDULE OF PROJECT
Construction is projected to begin in fall/winter of 2003.
PRIOR ACTION/REVIEW
The Parks and Recreation Board considered this item at their November 25, 2002
meeting and recommend to City Council the approval of offsite drilling under the park.
and that funds received be directed for improvements to a dedicated parks fund..
FISCAL INFORMATION
Compensation related to this use will be determined at time of public bidding. It is
reasonable to expect that financial consideration for leasing of land and royalties on
production of gas and oil will be at market rates to benefit the City of Denton.
BID INFORMATION
Not applicable
EXHIBITS:
Ordinance
Maps (Exhibit A,B,C)
Park Board Minutes
Respectfully Submitted:
Ed Hodney, Director
Parks and Recreation Department
Prepared by:
Robert K. Tickner, Superintendent
Parks and Recreation Department
H:LRailtrail crossings and Chapter 26 reviews\South Lakes Park Council File~qxCity Council, Oft-site gas drilling leasesat South Lake Park7 - 16-02.doc
yS:\O~ Documents\Ordinances\03\(2'haprer 26 Gas Drilling of~ite North Lakes Park,Denia Park. Airport Open Space Park 1 7 03.doc
ORDINANCE NO.
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF NORTH LAKES
PARK, DENiA PARK AND AIRPORT OPEN SPACE PARK FOR THE PURPOSE OF AN
OIL AND GAS NONDRILLING/POOLiNG AGREEMENT iN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public
land designated and used as a park may be used for a nol~park purpose if the City Council finds
after notice and hearing that there is not feasible and prudent alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planning to minimize
harm to the park resulting from such use; and
WHEREAS, the City of Demon desires to provide for a sub-surface use of North Lakes
Park, Denia Park, and Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/
Pooling Agreement, ("the Project"); and
WHEREAS, the City provided notice in the Demon Record Chronicle on December 18
December 24 and December 31, 2002 of a Public Hearing to be held on January 7, 2003 in the
Council Chambers to consider the alternatives to the subsurface use of North Lakes Park, Denia
Park and Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/Pooling
Agreement; and
WHEREAS, the City Council on January 7, 2003, received testimony at a public hearing
on the issues of no feasible and prudem alternative to the use of the property for the proposed
project and that the project includes all reasonable planning to minimize harm to North Lakes
Park, Denia Park and Airport Open Space Park from the subsurface use of North Lakes Park,
Denia Park, Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/Pooling
Agreement; and
WHEREAS, the City Council finds that the project does not fall within the purview of
Section 253.001 of the Texas Local Government Code; and
WHEREAS, the City Council finds that there is no feasible and prudem alternative to the
use of the park land and that the project includes all reasonable planning to minimize harm to the
park as a result of the project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The sub-surface use of North Lakes Park, Denia Park, and Airport ~en
Space Park for the purpose of an Oil and Gas Nondrilling/Pooling Agreement is hereby allowed
and the surface of the park may still be used by its patrons after completion of the Project in the
same manner it was used prior to the Project.
S:\Our Docmments\Or dinances\03\Chapter 26 Gas Drilling olS~ite North Lakes Park, Denia Park. Airport Open Space Park 1 7 03.doc
SECTION 2. The rights and benefits set forth in this ordinance may not be assigned
withom the express written consent of the City.
SECTION 3. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 4: This ordinance shall become effective immediately upon its 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:
Page 2 of 2
A
Potent;iai
North Lakes Park
Ddliing Sites
No[th LaKes Park
School ",,
Pore ~tia! Gas
D¢~t~ ~9 Sites
Exhibit B
De~'da Pa.rk
Of'f- Site G~,~,s a~:d Oi! Drill
~otential Gas
Exhibit, C
rpo~ Open !S
te Oil and
Jin
Drilling Sltes
~',Chri~taiR~8
Potentia! Gas
ng Sites
Potentia~l Gas A~rpo~ Road
Drilling Si['g,§
Parks, Recreation and Beautification
November 25, 2002
6:00 p.m.
Council Work Session
Members present: Don Edwards, Geri Aschenbrenner, Cassandra Berry, Dale Yeatts, Dalton
Gregory, Teresa Andress, and Brandon Barnes.
Staff present: Ed Hodney, Janet Simpson, Emerson Vorel, Bob Tickner, John Whitmore, Janie
McLeod, Cathy Avery, Jeff Gilbert, Amanda Green and Ken Washington.
Guests: Robert Land, President of Denton Area Little League (DALL) and Mike Guidry, Treasurer
of DALL; Hal Evans and Jim Avera with Denton Boys Baseball.
Chairman Don Edwards called the meeting to order at 6:01 p.m.
Awards and Recognition. Brandon Barnes attended the Region 2 & 3 Texas Recreation and Parks
Conference and announced the four awards Denton won. He said that the "Excellence in
Programming Award" was presented to the Department for its annual "Paddle, Pound & Pedal" for
an outstanding new program, the Department received the "Lone Star Programming Award" for its
intergenerational "Artists on their Way" that showcases artwork by children from Denton's
elementary schools monthly at the Denton Senior Center, Maintenance Award for the Innovative
Pest Management OPM) program that reduces the use of pesticides in parks and Barbara Greene, a
volunteer ~tness instructor at the Denton Senior Center received the "Advocate of the Year Award"
for her service to the Department.
Cathy Avery said that three of the junior tennis team won the Sportsman Award and Team
Sportsman award at a recent competition in New Braunfels.
Approval of Minutes of October 28, 2002. Brandon moved that the minutes be approved with the
correction of Teresa Andress last name and adding Cassandra Berry to the attendees. Dale
seconded the motion and it passed unanimously.
ACTION ITEMS
Co-sponsorship Agreement with Denton Area Little League. Ed reminded the Board that at the
previous board meeting that the Financial difficulties that Denton Area Little League (DALL)
had been revealed in the past couple of years. He added that recent years indicated that the
issues had not been resolved. Staff reviewed DALL's financial statement and budget. The
association intends to retire the debt within two years rather than the three years anticipated. The
various vendors agreed to the arranged payment schedule. The association still owes funds to the
City and to the Denton Parks Foundation.
A "third strike" agreement was presented for the Board's review. The agreement would state
that if any area of the agreement was not met at any time, the leagues would be dissolved and co-
sponsorship agreement be voided. A portion of the agreement would require that the association
submit regular Financial reports and if a payment wasn't made, that PARD must be notified
within five days.
EXHIBIT 3
Teresa commented that the association had been already been given a waming in the previous
sponsorship agreements and didn't abide by it. She added that requirements had been set up for
them to and they decided not follow to follow the rules. Ed responded that it had been a difficult
struggle for staff to response to the situation. Ed expressed his concern that this issue could end
up in front of the Council if the proposed agreement was not approved.
It was stated that the football league had some problems and they were able to reorganize and
form a success league. Ed said that the same thing could happen with DALL now that they have
a new, knowledgeable board. Ed suggested an additional effort on the behalf of DALL and staff
to try and make the league workable.
Dalton asked about the effects on the kids if the co-sponsorship was not renewed. Cassandra
asked what if the league had to be dissolved mid season. Ed said it wasn't clear at this time but
thought that the other league could absorb the players. There were comments that it would be
hard for players to be absorbed into an established league in the middle of the season. Solutions
to the issues will need more discussion.
Cassandra asked if the parents had been made aware of the circumstances. Cathy said not at this
time, that issues were still being worked out. Ed said the parents would be made aware during
registration. It was suggested that a contact phone number for PARD to be added to the
registration form so parents would have a number to contact if they had concerns with the
leagues. Ed commented that having a full time employee will help with the monitoring of the
agreements and the various leagues.
No action was taken. Ed took an unofficial poll of the board regarding their positions fir or against
sponsorship. He stated that staff would resolve the concerns raised and would move forward with
the co-sponsorship agreement.
Oil and Gas Leasing of North Lakes, Denia and Airport Open Space Parks. Bob requested
approval of an off-site sub-surface use of North Lakes, Denia and the Airport Open Space parks
for the purpose of oil and gas drilling operations in accordance with Chapter 26. After reviewing
all other alternatives, staff recommended approval of the use of the named parks for oil and gas
leasing.
Dalton made a motion to approve the request and Ged seconded the motion. The motion passed
unanimously.
Walton Road Crossing Easement Denton Branch Rail Trail. Bob requested the approval of a
surface use of a portion of the Denton Branch Rail Trail at milepost 727.6 for the purpose of a
public street easement in accordance with Chapter 26.
Brandon made a motion to approve the request and Geri seconded the motion. The motion passed
unanimously.
DISCUSSION ITEMS - None
DIRECTOR'S REPORT
Water Works Park Status Report. Janet gave a power point presentation of the status of the center.
Teresa asked how many schools had signed up to help with the fundraising project that would allow
the kids a free pass to the aquatic center. Janet said that Ginnings, Hodge, Lee, Wilson had agreed
to assist and that staffwould be talking to McNair.
John showed the Board the new logo selected for the Water Works Park.
Ed added that a later date would be scheduled to take the Board on a tour of the facilities.
Project Status Report. Ed said he would respond to any questions. Janet commented that the park
dedication at Cross Timbers was a great success and said she appreciated the board members
attending.
Keep Denton Beautiful Report. No questions.
OTHER ITEMS
Ed commented that the Board should have a letter that was sent to the Senior Center discussing the
withdrawal of the request to rename the Senior Center.
ITEMS FOR NEXT MEETING. There will not be a meeting in December.
There being no further business, the meeting adjourned at 7:50 p.m.
01/07/03 Item #5B
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
January 7, 2003
Parks and Recreation Department
Howard Martin, 349-8232 ~
SUBJECT
Hold a public hearing and consider adoption of an ordinance granting approval of a
surface use of a portion of the Denton Branch Rail Trail at Walton Road milepost 727.6
for the purpose of a public street easement in accordance with Chapter 26 of the Texas
Parks and Wildlife Code; providing for a utility easement; and providing an effective
date.
BACKGROUND
The City of Corinth has requested the use of parkland for the purpose stated, in order to
widen and reconstruct Walton Road.
State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands,
of the Texas Parks and Wildlife Code requires that:
(a) a municipality of this state may not approve any program or project that
requires the use or taking of any public land designated and used prior to the
arrangement of the program or project as a park unless the municipality, acting
through its duly authorized governing body or officer, determines that:
(1) there is no feasible and prudent alternative to the use or taking of
such lan& and
(2) the program or project includes all reasonable planning to minimize
harm to the land, as a park, resulting from the use or taking.
(b) A finding may be made only after notice and a hearing as required by this
chapter."
If the proposed street easement is allowed, a value must be placed on the 100 linear foot
section and charged to the City of Corinth. In addition, land disturbed in the park will be
returned to its original condition.
Parks and Recreation Department and the City of Corinth staff have reviewed all possible
altematives. These alternatives included:
Select another route through the city that would not cross Denton Branch Rail Trail.
Consider re-routing Walton Road northwesterly to a new intersection with Corinth
Street outside of the trail right of way. It may be very difficult and time consuming
and technically infeasible to acquire new right of way adjacent to the trail leading to
Corinth Street.
2. Terminate Walton Road at the Trail crossing. This option may not provide for need
traffic circulation and access for future development along Walton Street.
Improve the existing Walton Road within the existing easement and street aligmnent.
This option continues the intersection with Corinth Street within the existing trail
fight of way. Improvements for this option should provide for complete pedestrian
safety crosswalk and trail connection between Corinth and Walton Road. This option
may not provide for future traffic expansion, turn lanes and signalization.
Widen the existing Walton Road right of way easement to 60 feet from the current 40
feet. This option continues to make the intersection with Corinth Street with in the
existing trail right of way. Improvements for this option should provide for complete
pedestrian safety crosswalk and trail connection between Corinth and Walton Road.
Traffic engineering indicates that this option appears be the recommended option to
keep all intersecting roadways and future railway tracks within a compact area for
proper signalization and control.
Move the fight of way to the south and west of the existing location. This would
create a 90-degree angle crossing at the trail and future railroad and move the Walton
Road intersection with Corinth Street away from the trail and future railroad crossing.
Additional fight will be required from adjacent property owners and this option may
cause a future traffic hazard if traffic signals are installed on the intersection of
Corinth and Walton by trapping vehicles on future planned railroad tracks.
OPTIONS
Because some alternatives to the easement are not feasible, the best option is to approve
the use as requested by the City of Corinth or require the City of Corinth to begin
obtaining easements around the trail or in another location across the trail.
RECOMMENDATION
After reviewing all alternatives, staff recommends approval of option 4 to widen Walton
Road in it's current location and provide for a safe pedestrian/bikeway crossing. Conduits
under roadway improvements for future signalization are also recommended. There
would be no major impact on current park operations or programs. The Parks and
Recreation Department confirms that the City of Denton has investigated all other
alternatives and has used reasonable planning to minimize harm to the land.
ESTIMATED SCHEDULE OF PROJECT
Construction is projected to begin in May 2003.
PRIOR ACTION/REVIEW
The Parks and Recreation Board considered this item at their November 25, 2002
meeting and recommends approval. Minutes are attached as exhibit B
FISCAL INFORMATION
Compensation related to this use is still under discussion with the City of Corinth. It is
reasonable to expect that improvements directly related to programs and/or facilities on
the Denton Branch Rail Trail will be provided.
BID INFORMATION
Not applicable
EXHIBITS:
Ordinance
Legal description Exhibit A,B
Map (Exhibit C)
Park Board Minutes
Respectfully Submitted:
Prepared by:
Robert K. Tickner, Superintendent
Parks and Recreation Department
Ed Hodney, Director
Parks and Recreation Department
H:kRailtrail crossings and Chapter 26 reviews\City Council, Walton Road street easement MI' 727.6, 12-17-02.doc
S:\Our Docmments\Ordinances\03\Chap 26 Ordinance Walton Road crossing MP 727.6,1 7 03.doc
ORDINANCE NO.
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL AT WALTON ROAD MILEPOST 727.6 FOR THE
PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROViDiNG FOR A STREET DEDICATION
EASEMENT; AND PROViDiNG AN EFFECTIVE DATE.
WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public
land designated and used as a park may be used for a nol~park purpose if the City Council finds
after notice and hearing that there is not feasible and prudent alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planning to minimize
harm to the park resulting from such use; and
WHEREAS, the City of Corinth desires to improve public transportation to the City of
Corinth by constructing a roadway 100 linear feet across the trail for a public street; and
WHEREAS, the City of Corinth desires to construct the public street across the Denton
Branch Rail/Trail since alternative options would not be feasible and prudem; and
WHEREAS, the City provided notice in the DeNon Record Chronicle on December 18,
December 24, and December 31, 2003 of a Public Hearing to be held on January 7, 2003 in the
Council Chambers to consider the alternatives to the use of City Park for the subject street
project; and
WHEREAS, the City Council on January 7, 2003, received testimony at a public hearing
on the issues of no feasible and prudent alternative to the use ofthe property for the proposed
project and that the project includes all reasonable planning to minimize harm to the DeNon
Branch Rail/Trail resulting from the public street crossing; and
WHEREAS, the City Council finds that the project does not fall wihin the purview of
Section 253.001 of the Texas Local Government Code; and
WHEREAS, the City Council finds that there is no feasible and prudem alternative to the
use of the park land and that the subject public street project includes all reasonable [finning to
minimize harm to the park as a result of the project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The public street crossing for Walton Road proposed by the City of Corinth
(the "Project") shall be constructed and maimained above the surface of the park property
described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that
the surface of the park after installation of the public street be constructed in a manner so that the
park land may still be used by its patrons after completion of the Project in the same manner it
was used prior to the Project.
S:\Our Docmments\Ordinances\03\Chap 26 Ordinance Walton Road crossing MP 727.6,1 7 03.doc
SECTION 2. A public street dedication easement which is revocable as required by law
(National Trails System Act, 16 U.S.C. 1247(d)) shall be composed by the City Manager or his
designee and approved by the City Attorney allowing the use of the park property for the Project
as referenced above with appropriate provision to insure the improvements are constructed in
accordance with City Subdivision Rules and Regulations; protects the patrons using the park
from injury and damage both during and after construction of the Project; compensates for the
reasonable market value of the use herein granted and generally protect the health, safety and
general welfare of the City.
SECTION 3. During construction of the Project, temporary use of such additional park
land necessary to stage the construction of the improvements may be approved by the Director of
Parks and Recreation Department However, at the completion of the construction activities for
the Project such additional park land shall be restored to the condition to which it existed prior to
the beginning of such construction activities.
SECTION 4. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City.
SECTION 5. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 6. This ordinance shall become effective immediately upon its 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:
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENT
BEING 0.509 acres of land located in the J. P.. WALTON SURVEY, Abstract
No. 1389, City of Corinth, Denton County, Texas, and being a portion of
the Tract of land within the J.P. WALTON SURVEY conveyed to the City of
Denton by the deed recorded in County Clerk's File No. 93-0058485 of the
Deed Records of Denton County.,~ Texas. Said' 0.509 acres being more
particularly described by metes and bounds, as follows:
BEGINNING at a 1/2" iron rod f'~nd, in the Northeast boundary line of
said City of Denton Tract, lying at the intersection of the
centerline of Walton Road, and said POINT OF BEGINNING (1/2" iron
rod found) lyi~ at the.Northwest corner of the Tract of land
conveyed to Pinnell Ford, L. C. by the deed recorded in County
Clerk's File No. 97-0046701 of the Deed Records of Denton County!,
Texas;
THENCE S 39o 10' 17" E 44.95 feet, along the Northeast boundary
line of said City of Denton Tract, and the Southwest boundary line
of said Pinnell Ford, L. C. Tract[ to a 1/2" iron rod set, in the
new South right-of-way line of said Walton Road;
THENCE S 89° 49' 45" W 128.86 feet, severing said City of Denton
Tract, to a point in the Southwest boundary line of the aforesaid
City of Denton Tract, lying in the Northeast boundary line of the
Tract of land conveyed to Pinnell Ford, L'.C. by the deed recorded
in County Clerk's File No. 97-0084160 of the Deed Records of Denton
County, Texas;
THENCE N 39o 10' 17" W 9".21 feet, along the Southwest boundary
line of said City of Denton Tract, to a point in the intersection
of the East right-of-way ~ine of Corinth North Road;
THENCE N 00° 23' 55" W 57.77 feet, severing said City of Denton
Tract, and running along the Northerly extension of the East right-
of-way line of said Corinth North Road, to a point in the
projection of the North right-of-way line of said Walton Road;
THENCE N 89° 50' 03" E 82.31 feet, along the extension of the north
right-of-way line of said Walton Road to a point in the Northeast
boundary line of said City of Denton Tract;
THENCE S 39° 10' 17" E 38.60 feet, along the Northeast boundary
line of said City of Denton Tract, to THE PLACE OF BEGINNING!,
containing 0.161 acre (7.022 square feet) of land.
lllltu:ll'r "B"
RITTAIN & CRAWFORD
LAND SURVEYING &
F~ No. (817) 926-~7
P.O. BOX 11~74 ~ }B~ ~ FREE~AY
F~T ~TH, ~$ 761 I0
~ ~mln~=ln-~.~
N
LOT 1, BLOCK A
NORTH CE]'~RAL TEXAS COLLEGE N)DmON
CAB. R, SUDE 75, P,R.D.C.T,
LOT I
BLOCK B, F & HIADDmON
CAB. L. SLIDE 138
P.R.D.C,(r.
~ EASEMENT LOT ,3 ] LOT 2
~ 0.161 ACRE
x -- x7,022 SQ. FT. , [
N 89'50'03"E ~ ~ Ir
~f . POINT O_ ,
~ 82.31' \~ I BEGINNING
I ~, ~ NOR13,.IWES'r CORNEE OF ,
o ii i ' -- .... ~ '
O0 23'I}5'W ~ ~-'-~'~9°10'17"E 58.60'
57.77' ~ V;" ~.o. '~.*'~L 7 _
,..~..OOFOU.O "'~. S $9°10'17"E ROAD
I ROD FOUN£
't28.86'
\
\
\ __ PINNID. L FORD, LC.
~ C.C. No. 97-0048701
\
0 ~ O.R.D.C.T.
~ ' ~o°/,")-
PINNELL FORD LC.
O.R.D.C.T.
DentOn ~Branch
Walton Road
Crossing
North Central "Texas
Community College
Proposed Waltor Rd
Shopping Se'~ter
.... ~,x¥~ Future C~W of Connth
C- Qi~v 4a~l Site
Exit 460
Corinth
Parks, Recreation and Beautification
November 25, 2002
6:00 p.m.
Council Work Session
Members present: Don Edwards, Geri Aschenbrenner, Cassandra Berry, Dale Yeatts, Dalton
Gregory, Teresa Andress, and Brandon Barnes.
Staff present: Ed Hodney, Janet Simpson, Emerson Vorel, Bob Tickner, John Whitmore, Janie
McLeod, Cathy Avery, Jeff Gilbert, Amanda Green and Ken Washington.
Guests: Pobert Land, President of Denton Area Little League (DALL) and Mike Guidry, Treasurer
of DALL; Hal Evans and Jim Avera with Denton Boys Baseball.
Chairman Don Edwards called the meeting to order at 6:01 p.m.
Awards and Recognition. Brandon Barnes attended the Region 2 & 3 Texas Recreation and Parks
Conference and announced the four awards Denton won. He said that the "Excellence in
Programming Award" was presented to the Department for its annual "Paddle, Pound & Pedal" for
an outstanding new program, the Department received the "Lone Star Programming Award" for its
intergenerational "Artists on their Way" that showcases artwork by children from Denton's
elementary schools monthly at the Denton Senior Center, Maintenance Award for the Innovative
Pest Management OPM) program that reduces the use of pesticides in parks and Barbara Greene, a
volunteer fitness instructor at the Denton Senior Center received the "Advocate of the Year Award"
for her service to the Department.
Cathy Avery said that three of the junior tennis team won the Sportsman Award and Team
Sportsman award at a recent competition in New Braunfels.
Approval of Minutes of October 28, 2002. Brandon moved that the minutes be approved with the
correction of Teresa Andress last name and adding Cassandra Berry to the attendees. Dale
seconded the motion and it passed unanimously.
ACTION ITEMS
Co-sponsorship Agreement with Denton Area Little League. Ed reminded the Board that at the
previous board meeting that the Financial difficulties that Denton Area Little League (DALL)
had been revealed in the past couple of years. He added that recent years indicated that the
issues had not been resolved. Staff reviewed DALL's Financial statement and budget. The
association intends to retire the debt within two years rather than the three years anticipated. The
various vendors agreed to the arranged payment schedule. The association still owes funds to the
City and to the Denton Parks Foundation.
A "third strike" agreement was presented for the Board's review. The agreement would state
that if any area of the agreement was not met at any time, the leagues would be dissolved and co-
sponsorship agreement be voided. A portion of the agreement would require that the association
submit regular financial reports and if a payment wasn't made, that PARD must be notified
within five days.
Teresa commented that the association had been already been given a waming in the previous
sponsorship agreements and didn't abide by it. She added that requirements had been set up for
them to and they decided not follow to follow the rules. Ed responded that it had been a difficult
struggle for staff to response to the situation. Ed expressed his concern that this issue could end
up in front of the Council if the proposed agreement was not approved.
It was stated that the football league had some problems and they were able to reorganize and
form a success league. Ed said that the same thing could happen with DALL now that they have
a new, knowledgeable board. Ed suggested an additional effort on the behalfofDALL and staff
to try and make the league workable.
Dalton asked about the effects on the kids if the co-sponsorship was not renewed. Cassandra
asked what if the league had to be dissolved mid season. Ed said it wasn't clear at this time but
thought that the other league could absorb the players. There were comments that it would be
hard for players to be absorbed into an established league in the middle of the season. Solutions
to the issues will need more discussion.
Cassandra asked if the parents had been made aware of the circumstances. Cathy said not at this
time, that issues were still being worked out. Ed said the parents would be made aware during
registration. It was suggested that a contact phone number for PARD to be added to the
registration form so parents would have a number to contact if they had concerns with the
leagues. Ed commented that having a full time employee will help with the monitoring of the
agreements and the various leagues.
No action was taken. Ed took an unofficial poll of the board regarding their positions for or against
sponsorship. He stated that staff would resolve the concerns raised and would move forward with
the co-sponsorship agreement.
Oil and Gas Leasing of North Lakes, Denia and Airport Open Space Parks. Bob requested
approval of an off-site sub-surface use of North Lakes, Denia and the Airport Open Space parks
for the purpose of oil and gas drilling operations in accordance with Chapter 26. After reviewing
all other alternatives, staff recommended approval of the use of the named parks for oil and gas
leasing.
Dalton made a motion to approve the request and Geri seconded the motion. The motion passed
tmanimously.
Walton Road Crossing Easement Denton Branch Rail Trail. Bob requested the approval of a
surface use ora portion of the Denton Branch Rail Trail at milepost 727.6 for the purpose ora
public street easement in accordance with Chapter 26.
Brandon made a motion to approve the request and Geri seconded the motion. The motion passed
unanimously.
DISCUSSION ITEMS - None
DIRECTOR'S REPORT
Water Works Park Status Report. Janet gave a power point presentation of the status of the center.
Teresa asked how many schools had signed up to help with the fundraising project that would allow
the kids a free pass to the aquatic center. Janet said that Ginnings, Hodge, Lee, Wilson had agreed
to assist and that staffwould be talking to McNair.
John showed the Board the new logo selected for the Water Works Park.
Ed added that a later date would be scheduled to take the Board on a tour of the facilities.
Project Status Report. Ed said he would respond to any questions. Janet commented that the park
dedication at Cross Timbers was a great success and said she appreciated the board members
attending.
Keep Denton Beautiful Report. No questions.
OTHER ITEMS
Ed commented that the Board should have a letter that was sent to the Senior Center discussing the
withdrawal of the request to rename the Senior Center.
ITEMS FOR NEXT MEETING. There will not be a meeting in December.
There being no further business, the meeting adjourned at 7:50 p.m.
01/07/03 Item #5C
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
January 7, 2003
Planning and Development Department
Dave Hill, 349-8314
SUBJECT - Z02-0042: (715, 716, 808 Pacific Street)
Hold a public heating and consider adoption of an ordinance rezoning three parcels, totaling
approximately 0.3 acres from a Downtown Residential 1 (DR-l) zoning district to a Downtown
Commercial General (DC-G) zoning district. The property, commonly known as 715, 716, and
808 Pacific Street, is generally located between Carroll Boulevard and Pacific Street 200 feet
north of Eagle Drive. Office uses are proposed. The Planning and Zoning Commission
recommends approval (7-0).
BACKGROUND
Applicant: City of Denton
The City of Denton is requesting the rezoning of the properties commonly known as 715, 716,
808 Pacific Street. The subject properties are part of a land swap arrangement with the adjacent
property owner to the north from which the City will obtain right-of-way for the realigmnent of
Duchess Drive. The prospective owner of the subject site will use the properties for expanding
existing office uses to the north (A.G. Edwards office complex).
The City Council approved the real estate agreement for the subject parcels on November 19,
2002.
As of this writing, staff has received one (1) response neutral, and one (1) response in opposition
from a property owner within 200 feet of the subject site. Currently, 14% of the land within 200
feet of the subject property is in opposition to the request. As opposition is less than 20%, a
simple majority vote by City Council will be required to approve the request.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
ESTIMATED PROJECT SCHEDULE
The subject property is not platted. A final plat is required prior to the issuance of any building
permits.
PRIOR ACTION/REVIEW
The following is a chronology ofZ02-0042, commonly known as 715,716, and 808 Pacific
Street:
Application Date -
DRC Date -
P&Z Date -
P&Z Date -
P&Z Date -
City Council Date -
P&Z Date -
August 5, 2002
August 15, 2002
September 25, 2002 (Continued)
October 23, 2002 (Continued)
November 13, 2002 (Continued)
November 19, 2002 (Approval of Real Estate Agreement)
December 4, 2002
Neighborhood Meeting None
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, and county.
ofinfill development, no extension of public infrastructure is necessary to service this site.
ATTACHMENTS
1. Staff'Analysis
2. Maps
3. Public Notification (Property Notification Map and Property Owner Responses)
4. Photos
5. December 4, 2002 Planning Zoning Commission Minutes
6. Ordinance
Prepared by:
As a form
Deborah Viera, AICP
Planner II
Respectfully submitted:
Larry Reichhart, AICP, ASLA
Asst. Director of Planning and Development
ATTACHMENT I
Staff Analysis
Summary of Zonin~ Request
The City of Denton is requesting the rezoning of the properties commonly known as 715,716,
808 Pacific Street from a Downtown Residential 1 (DR- 1) zoning district to a Downtown
Commercial General (DC-G) zoning district. The subject properties are part of a land swap
arrangement with the adjacent property owner to the north from which the City will obtain right-
of-way for the realignment of Duchess Drive.
Adjacent zoning: North:
South:
East:
West:
Existing Condition of Property
Property History. February 20, 2002 - The subject property was placed in the Downtown
Residential 1 (DR- 1) zoning district and land use classification by Ordinance 2002-040.
Prior to the adoption of the Development Code, this property was zoned two-family (2F).
Downtown Commercial General (DC-G)
Downtown Residential 1 (DC- 1)
Downtown Residential 1 (DC- 1) across Carroll Blvd.
Downtown Residential 1 (DC- 1) across Pacific St.
Existing office uses (A.G. Edwards office complex) are located to the north and vacant land
is located to the south. The 100F Cemetery is located across Carroll Boulevard.
Comprehensive Plan Analysis
The subject site is located in the "Downtown University Core District" future land use area.
This area is intended to have a mix of educational, residential, retail, office, service, government,
cultural and entertainment development. It is a place where residents can live, work, learn, and
play in the same neighborhood. The subject site is within the proposed Downtown Master Plan.
The proposed land use is not in conflict with the Plan.
The intent of the Downtown University Core District is to facilitate mixed-use, redevelopment,
and infill opportunities within the area, while maintaining a uniqueness and variety of individual
identity.
"One of the overall goals of the land use plan is to limit the amount of strip
commercial development along Denton's arterial streets, collectors, and
highways." (p. 42)
"The quality of development, particularly commercial development along the
city's corridors, is a significant factor in the quality of neighborhoods, the urban
environment, and the sustainability of structures. Adequate public facilities shall
be a criterion by which zoning is granted.' (p. 42)
Staff stresses the importance of controlling the intensity of non-residential uses and the
quality of design of non-residential uses along major thoroughfares. The community's
visual preferences for new development, incorporated in The Denton Plan, identify
strip developments as the less desirable type of development. Top rated developments
included human scale developments with a variety of facades that are closer to the
street, and that provide pedestrian linkages and landscaping similar to the adjacent
A.G. Edward building.
Neighborhood uses, such as retail uses and professional offices, in conjunction with the
site design standards as identified in the Development Code, will make the proposed
development compatible with The Denton Plan.
Development Review Analysis
Transportation
A TIA may be required prior to any final platting of any portion of this property to demonstrate
that there is adequate traffic related infrastructure to support the proposed development uses.
Right-of-way dedication for the Pacific Street will be required prior to development.
Access. The proposed development will be required to take access from Pacific Street.
Road Capacity
Pacific Street is identified as a local street by the Denton Mobility Plan. This street is designed
to be a two (2) lane undivided street with parking, providing one (1) lane of through traffic. As
such, its designed traffic capacity allows for a tolerable traffic flow of up to 4,500 trips per day.
Pacific Street is not currently constructed according to the city's standards. There are not traffic
counts available for this street.
Carroll Boulevard is identified as a primary major arterial road by the Denton Mobility Plan.
This road is designed to be a six (6) lane divided street without parking, providing six (6) lanes
of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up
to 27,900 trips per day. Carroll Boulevard is currently constructed with four (4) lanes without
parking. The most recent traffic count for Carroll Boulevard indicates that there is adequate
capacity to handle the calculated trips that could be generated by the proposed development. A
traffic count south of Eagle Drive reports 18,094 vehicle trips per peak hour.
Development Code/Zoning Analysis
Non-residential uses will be supported by an existing office complex located immediately to the
north of the subject site and a mixture of non-residential uses located along both sides of Carroll
Boulevard. Carroll Boulevard is one of the main entrances of the Downtown area where a
variety of residential and non-residential uses are expected. The proposed DC-G zoning is
consistent with the adjacent zoning to the north; however, a less intense zoning classification,
such as DC-N zoning, would still allow the proposed office uses. Under the DC-N classification,
retail and office uses are limited to no more than 25,000 square feet of gross floor per use.
Staff`Findings
1. The proposed DC-G zoning classification is compatible with adjacent zoning to the north.
2. The DC-N zoning classification will allow offices uses limited to no more than 25,000
square feet of gross floor per use.
3. Non-residential uses along Carroll Boulevard will be in compliance with The Denton
Plan and existing uses in the vicinity of the subject site.
o
Site design standards as identified in the Development Code, will facilitate the
compatibility of the proposed development, blending it with the residential uses
in close proximity.
ATTACHMENT 2
Maps
Location/Zoning Map
NORTH
Existing Zoning
Proposed Zoning
NORTH
Land Use Map
Scale: None
ATTACHMENT 3
Public Notification
NORTH
Notification Map
Newspaper Notification Date: September 14, 2002
Percem of land within 200' in opposition: 14%
200' Legal Notices* sent via Certified Mail: 13
500' Courtesy Notices* sent via 1st Class Mail: 52
All properties with street addresses are within 500 fl. of the subject
property.
All properties highlighted are within 200 ft. of the subject property.
See Table 1 for 200 fl. property owner information.
Scale: None
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
Table 1
200 Ft. Property Owners Information
SITUS_ADDR OWNER_NAME ADDRESS_I CITY ST ZIP_CODE
CARROLL PARK PL
701 S CARROLL; LTD 525 S CARROLL BLVD DENTON TX 76201-7415
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
711 CARROLL
BLVD; BARNETT, INELL P 501 NORTHRIDGE ST DENTON TX 76201-0826
320 EAGLE DR; WEBB, MICHAEL R PO BOX 66 DENTON TX 76202-0066
326 EAGLE; WEBB, MICHAEL R PO BOX 66 DENTON TX 76202-0066
321 MAPLE; ACKER, DAVID F PO BOX 834 DESOTO TX 75123-0834
RASMUSSEN,
325 MAPLE; STEVEN & KANDI L 325 MAPLE ST DENTON TX 76201-6844
329 MAPLE ST; WILLS, EVEREE 607 S LOCUST ST DENTON TX 76201-6819
712 MYRTLE; RFMP LTD 4205 MESA DR DENTON TX 76207-3437
PIPPIN, JAMES &
716 MYRTLE; SUSAN 800 ELAINE ST KELLER TX 76248-2611
720 MYRTLE; PIPPIN, MYRTLE L 800 ELAINE ST KELLER TX 76248-2611
PIPPIN, CARROLL B
MYRTLE ST; JR & JAMES M 107 LEE TREVINO ST STEPHENVILLE TX 76401-5924
711 PACIFIC ST; HEASLEY, DAVID E 711 PACIFIC ST DENTON TX 76201-6889
PIPPIN, CARROLL JR
715 PACIFIC ST; & KAREN 107 LEE TREVINO ST STEPHENVILLE TX 76401-5924
PIPPIN, CARROLL JR
715 PACIFIC ST; & KAREN 107 LEE TREVINO ST STEPHENVILLE TX 76401-5924
PIPPIN, JAMES &
807 PACIFIC ST; SUSAN 800 ELAINE ST KELLER TX 76248-2611
809 PACIFIC ST; WEBB, MICHAEL R PO BOX 66 DENTON TX 76202-0066
813 PACIFIC ST; WEBB, MICHAEL R PO BOX 66 DENTON TX 76202-0066
; DENTON, CITY OF 215 E MCKINNEY ST DENTON TX 76201-4229
; DENTON, CITY OF 215 E MCKINNEY ST DENTON TX 76201-4229
; DENTON, CITY OF 215 E MCKINNEY ST DENTON TX 76201-4229
Property Owner Responses
Property Owner Name and In favor/neutral/ Comments
Address /opposed*
Kandi Lee Rasmussen Neutral No comments
325 Maple St.
(within 200 feet)
Randy Axtell Favor I support Z02-0042. Let'em build.
219 Maple St.
(within 500 feet)
Michael R. Webb Opposed No Comments
809 & 813 Pacific St.,
806, 809, & 816 Myrtle St.,
320 & 326 Eagle Dr.
(within 200 & 500 feet)
*A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201
10
Property Owners Responses Map
NORTH
Number of Responses tO 200 ft. Legal Notice
Opposed :1 Favor: 0 Neutral: 1
Percent of land within 200' in opposition: 14%
11
ATTACH MENT 4
Photos
12
13
CondcnscltTM
1
2
3
4
5
6
7
8
9
l0
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
Page 49
COMMISSIONER APPLE: The next item on the
Agenda is to continue a public hearing and Ms. Viera with
the City staff will present. I'll open the public
hearing.
COMMISSIONER POWELL: Madam Chairman, could
I interrupt before we get started hexe?
COMMISSIONER APPLE: YOU certainly can.
COMMISSIONER POWELL: I Sues§ I've already
done that. But my screen doesn't work and I don't know if
the techno wizards can fix that or not. Push the button,
it works. See, i told you I was no good at buttons.
Thank you.
COMMISSIONER ROY: Techno wizard.
COMMISSIONER POWELL: Techno wizard.
COMMISSIONER APPLE: YOU're we[come.
Viera.
MS. ViER. A: oood evening, Commission, How
are you doing? Tonight is before you a City-initiated
zoning request for 715, 716, and 808 Pacific Street. This
request is part of a land swap between the City of Denton
and the property owner to the north of the subject site.
The existing zoning is DR-I. The City is
requesting a DC-O zoning classification for the three
properties. The properties are surrounded by OR-1 along
the south, east, and west boundaries of the subject site
Page 50
1 and it is surrounded by a DC-G zoning district to the
2 north. The prospective owner is requesting or is
3 proposing to expand the existing office complex to the
4 north, This is a view of the site. The A.G. Edwards
5 office complex is located to the north. To the west
6 across Carroll Boulevard is located the cemetery.
7 The site is located within the Downtown
8 University Core District and is also included within the
9 proposed Downtown Master Plan that you heard about this
10 evening. The proposal is compatible with the land use, as
t I well with the proposed master plan,
12 The site is located along one of the major
13 corridors for the downtown, as well the site is located or
14 is in the vicinity of existing zoning that supports a DC-G
I 15 zoning district.. However, there is another option to go
16 that is a DC-N zoning classification. The DC-N zoning
17 classification would allow the stone retail and office uses
18 but it would limit the square footage up to 25,000 square
19 feet,
20 Staff received one letter in opposition
21 that represents 14 percent of the land within 200 feet.
22 The opposition is depicted as red on the map. We also got
23 a letter neutral to the request. That is depicted as
24 blue.
25 Staff finds that the proposed zoning is
Page 51
1 compatible to the existing DC-G zoning district to the
2 north, is compatible to the existing land uses along
3 Carroll Boulevard. However, we also find that there's
4 another option and that is the DC-N zoning classification.
5 That would conclude the staff's presentation.
6 COMMISSIONER APPLE: cormn[ssioncr Watkins.
7 COMMISSIONER WATKINS: Thank you, Madam
8 Chair. I would have a question for staff. I notice it
9 says office uses are proposed.
10 MS. VIEIL4.: That's correct.
11 COMMISSIONER WATKINS: Alt right. This is
12 incorrect. Pacific Street does not go through Eagle
13 Drive.
14 COMMISSIONER APPLE: colmnissioner Watkins,
15 could you share Mr. Johnson's microphone? I guess yours
16 is --
17 COMMISSIONER WATKINS: oh, sorry. Pacific
18 Street does not go through to Eagle Drive.
19 MS. VIERA: That's correct.
20 COMMISSIONER WATKINS: The fact is it's
21 only paved for probably two lots. As a matter of fact,
22 the drive in Ioof cemetery is better than Pacific Street.
23 MS. VIER. A: That's correct.
24 COMMISSIONER WATKINS: And so the question
25 I have, I guess, on the south end of those three lots,
Page 52
1 we've just been talking about Carroll Boulevard, let's
2 talk about the setback and how we could build on anything
3 no wider than that. Is that a possibility?
4 Ms. VIEP,~: it's my understanding that
5 Pacific Street is still in the Mobility Plan so tho
6 development of this site would require the improvmnent of
7 Pacific Street.
8 COMMISSIONER WATKINS: ~t needs it, Okay.
9 Thank you.
10 COMMISSIONER APPLE: co~mnissioner Roy.
11 COMMISSIONER ROY: Yes, Ms. Viera. Would
12 you say once again why you introduced the DC-N? That was
13 not part of our package and this is something I just heard
14 tonight. Say again why you're bringing this up? Is it
15 something you want us to consider?
16 MS. VIERA: There'S two possibilities to
17 have retail and office uses. That is under the proposed
18 DC-O zoning that is Downtown Cormn~rcial - General, or the
19 DC-Nthat is Downtown Commercial - Neighborhood. Under
20 the DC-N zoning classification, retail uses and office are
21 limited to 25,000 square feet. Under the r>c-a zoning,
22 there is no limitation on square footage.
23 COMMiSSiONER ROY: [ accept it and
24 understand your points. But, again, why are you bringing
25 this up to us tonight?
PLANNING AND ZONING COMMISSION 12/4/2002
Page 49 - Page 52
Condcns¢itTM
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analysis.
Even though the City is requesting a DC-G zoning
classification, still there's another option, the DC-N.
That's it.
COMMISSIONER ROY: Thank you.
COMMISSIONER APPLE: All right. This is a
Page 5 3
MS. VIEr<A: The staff is doing the
We bring to you the options that you have.
Page 55
I entertain a motion or a discussion. Co~mnissioner Powell.
2 COMMISSIONER POWELL: MOVe to approve as
3 submitted.
4 COMMISSIONER ROY: Second.
5 COMMISSIONER APPLE: We have a motion and a
6 second. Is there any discussion? Vote, please. Motion
7 carries 7-0.
public heating and we don't have any cards to speak on
this item. But is there anyone in the audience who wishes
to address this item? Seeing no one coming forward, I'll
close the public hearing. Cmmnissioner Powell,
COMMISSIONER POWELL: Question of staff.
Is it safe to assume that the entrances to this office
building, buildings, whatever would be from Pacific
Street?
MS. VIERA: According to the subdivision
ordinance, the entrance should be provided along the less
traffic avenue or street. In this case, it would be
Pacific Street. If this development is developed or is an
extension of the existing AG-F (sic) probably it will
COMMISSIONER POWELL: Wait. Oops. Oops.
AG-F?
MS. VIERA: ^G-F (sic) is the adjacent
office complex to the north.
Page 54
1 COMMISSIONER POWELL: Thank you.
2 COMMISSIONER ROY: A,G. Edwards,
3 COMMISSIONER POWELL: oh, A.G. Edwards.
4 MS, VIERA: A.G. Edwards, I'm sorry.
5 Probably it will be in a cross access easement between
6 parcels. So probably they will be able to sham the
7 existing access point that A.G. Edwards has right now.
8 However, if they want another point of egress and ingress,
9 probably it will be along Pacific.
10 COMMISSIONER POWELL: Okay. Can you flip
11 back a couple of pictures? That one, I want to point out
12 just for grins here, there's not very much traffic on
13 Carroll Boulevard at this time. Pm sorry.
14 COMMISSIONER APPLE: commissioner Powell,
15 you're out of order. We're not addressing that right now.
16 Mr. Reichhart has something he'd like to clarify.
17 MR. REICHHART: well, I just wanted to
18 point out in the staff findings that there was a mention
19 of the DC-N zoning. The Finding No. 2 that DC-N zoning
20 cIassification will allow office uses limited to no more
21 than 25,000 square feet, And it was just an option that
22 staff had identified if you wanted to limit the zoning.
23 The DC-G is consistent with what's adjacent. DC-N would
24 also allow similar uses.
25 COMMISSIONER APPLE: COlmnissioners, I'll
8
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We've had a request for a break prior to
the next item so we are going to reconvene at 20 till
9:00.
(Break taken.)
Page 56
PLANNING AND ZONING COMMISSION 12/4/2002 Page 53 - Page 56
S :\Om' Docmnen*s\Ordinonces\03~Z02 0042.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN COMMERCIAL GENERAL
(DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 0.3 ACRES OF LAND COMMONLY KNOWN AS 715, 716, AND 808
PACIFIC STREET AND GENERALLY LOCATED BETWEEN CARROLLBOULEVARD AND
PACIFIC STREET APPROXIMATELY 200 FEET NORTH OF EAGLE DR1VE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0042)
WHEREAS, the City of Denton initiated a change in zoning for approximately 0.3 acres of
land more particularly described in Exhibit "A" att ached hereto and made a part hereof by reference
(the "Property") from Downtown Residential 1 (DR-1) zoning district classification and use
designation to Downtown Commercial General (DC -G) zoning district classification and use
designation; and
WHEREAS, on December 4, 2002, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation for the Propertyis hereby
changed from Downtown Residential 1 (DR - 1) zoning district classification and use designation to
Downtown Commercial General (DC-G) zoning district classification and use designation.
Notwithstanding the above Property description, the property being rezoned includes all propertyto
the centerline of all adjacent street rights -of-way.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
Page 1 of 2
S :\Om' Docmnen*s\Ordinonces\03~Z02 0042.doc
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby direc ted to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of__ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2 of 2
Exhibit A
DENTON
l£gAt DE$£MP~70# /or a
0.3258acre tract out of the
Dento~r De~ton County, Texas
Being all that certain trac~ parcel or let n/land out of the Wm. tOYING $ltgF£V ~I.?$9 in the City o/Denton, Denton
Coun~ Texa~ that is the east remainder p~rcds oat o/tracts de~cribe~ ~7 deeds recot~e6 in Volume ~95, ~afo 12~
Volume 77~ Page 62 and Volume 76~, Page ~13, Deed Records, Denton ~ounty, Texas and more particularl~ described as
fallows:
T~O, an addition to t~e City of Oentog Donton County, Texas a~ording to the plat thereof recorded b Cabinet ~ Slid~
Plat ~eco~s Denton County. Texas and further being in the east rig~t.of-~a~ l/ne of CarrolI Boalevar~.
leaving the said east right.of.~vay line of Carroll Boulevard and with the south line of let 1, Mock
PARK PI,~££ TWO, N B3°hq'21"£ e ~fstance of 2B. dO feet to an angle point;
TtlENCf: continuing w/th the said south line of Lot L Block A. ~t 88° 1£' 02' £; passing the southeast corner of the said
lot at 4G. 19 feat; in all a d/stance of SS. 19 feet to a five-eights inch iron rod set far corner in the west line of Pacific/
THEI~£E' with th~ ~est I/ne of Pacific, S al° 38' 45"E ~ distance of 200.00 feet to a fi~e eights inch iron rod set for
corner in the noah line of the tract described by deed recorded in Volume 7~6, Page 7S3, Deed ~ecords of Oenton County,
Texas;
TttENCE: with the said line, S 88~ 37' 41" ~ a distance of 60.§$ feet to a five.eights/ntb iron rod set for corner in the
east tight.of-way line at Carroll Boulevard and in a tangent curv~ to the left having a central angI~ o£ 05° 51 ' $3~, a rod/us
of 1971.62/eec and ~ose center beats $ 84~6'14'' ~'
TtlEN~,£. with ~e said right.of-wag curve, an arc digt~nce of 201.82 feet to the Place of Beginning and containing 0.3238
acres of land more or less as surveyed bV jobn nalljr rpi~ g1970 doting the month of dune 2002. Corners set and/or ~and
are identih~d
"Dedicated to Q~ali~ Sera/ce o
~z~,cit~ofitenton.con~
01/07/03 Item #5D
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
January 7, 2003
Planning and Development Department
Dave Hill, Assistant City Manager 349-8314 %/b&
SUBJECT - Z02-0059 (Darnell Addition)
Hold a public heating and consider adoption of an ordinance rezoning approximately 0.5 acres
from a Downtown Residential 1 (DR-l) to a Downtown Residential 2 (DR-2) zoning district.
The site is generally located at 910 and 912 Avenue A at the southeast comer of Fannin and
Avenue A, south of Eagle Drive. Multi-family residential is proposed.
BACKGROUND
Applicant: Karen Mitchell on behalf of Golden Tiger Company Denton, Texas
The applicant is requesting the rezoning to construct higher density multi-family dwellings. In
the current DR-1 zoning district only a duplex would be allowed. The existing neighborhood
contains primarily rental and vacant homes. The proposed DR-2 is in aligmnent with recent
rezoning in the area.
Public notification and property owner responses are provided in Attachment 4. As of this
writing, staff has received four responses from property owners within 200 feet of the subject
site.
As opposition is less than 20% a simple majority vote by City Council will be required to
approve this request.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
ESTIMATED PROJECT SCHEDULE
The property will be required to be platted prior to the issuance of any permits.
PRIOR ACTION/REVIEW
The following is a chronology ofZ02-0059, commonly known as Damell Addition:
Application Date -
DRC Date -
Planning and Zoning Public Hearing -
Date:
Date:
Date:
November 4, 2002
November 14, 2002
December 4, 2002
No Neighborhood meeting was held
FISCAL INFORMATION
Future development of this property under the new DR-2 zoning will increase the assessed value
of the city. No short-term public improvements that are the responsibility of the city will be
necessary.
ATTACHMENTS
1. StaffAnalysis
2. Maps
3. Public Notification (Property Owner Notification Map and Property Owner Responses)
4. Photographs
5. Minutes from December 4, Planning and Zoning meeting
6. Draft Ordinance
7. Owner Application
Prepared by:
Autumn Speer
Planner I
Respectfully Submitted:
ASLA, AICP
Assistant Director of Planning
Development
and
ATTACHMENT I
Staff Analysis
Summary of Zonin~ Request
The applicant is requesting two parcels of land totaling approximately 0.5 acres be rezoned from
its current Downtown Residential 1 (DR-l) to a Downtown Residemial 2 (DR-2) zoning district.
The requested zoning change allows the applicant to pursue construction of multi-family
residential units.
Existing Condition of Property
Property History. February 20, 2002 - The subject property was placed in the Downtown
Residential 1 (DR- 1) zoning district and land use classification by Ordinance 2002-040.
Prior to the adoption of the Developmem Code, the property was zoned Single Family-7 (SF-7)
The subject properties currently contain two single-family homes.
Adjacent zoning:
North: Downtown Residential 1 (DR- 1) zoning district - single-family homes
South: Downtown Residential 2 (DR-2) and Downtown Residemial 1 (DR- 1) zoning
district - single family homes and vacant homes
East: Downtown Residential 2 (DR-2) - vacant homes and single family
West: Downtown Residential 1 (DR- 1) - single-family homes
Comprehensive Plan Analysis
The subject site is located in the "Downtown University Core District" future land use area.
This area is intended to have a mix of educational, residential, retail, office, service, government,
cultural and entertainment development. It is a place where residents can live, work, learn, and
play in the same neighborhood.
The Demon Plan identifies the following Primary Residential Land Use Principles:
Preserve Neighborhoods:
achieved by demanding and
evenly applied. (page 35)
The preservation of existing and future neighborhoods can be
establishing design and construction standards that are fair and
Promote a Diverse Housing Stock: The residential component of the Land Use Plan allows all
types of people to live in Denton 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 residential component of the Land Use Plan should guide development
patterns that limit sprawl, accommodates projected housing demand, and allows quality high
density development where it is close to jobs, shopping, schools and transit. (page 35)
The proposed zoning does promote a diversity of housing stock and the increased density would
limit sprawl as this area is identified by inffll land use compatibility.
New development will be compatible with the existing uses and zoning of the surrounding
properties at this time. The general area surrounding the site includes a variety of Downtown
University Core Zoning, including Downtown Residential 1 and 2 (DR-1 and DR-2), Downtown
Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G). The majority
of the properties located within two hundred feet of this site are rental units with both single and
multi-family type dwellings. Several sites in this area are vacant or condemned structures. New
development in this area would improve the viability of surrounding sites.
The proposed zoning would also allow student housing near the University of North Texas which
is desired by the future land use plan.
Development Review Analysis
Transportation
A traffic impact analysis is not required
Access and Connectivity
Currently the access to the property is from Avenue A or Fannin. Both Fannin and Avenue
A are identified as local streets by the Denton Mobility Plan. It is anticipated the
surrounding road system will be sufficient to handle increased traffic generated from this
proposal.
Public Infrastructure
Currently the infrastructure in this area is adequate to serve the proposed development.
Development Code/Zoning Analysis
Current DR-1 zoning allows for a single family homes and duplexes with a maximum of eight
(8) units per acre. The proposed Downtown Residential 2 (DR-2) zoning would allow up to
thirty (30) dwelling units per acre. However due to the size of this site only 15 maximum units
could be built, not accounting for lot improvements. See comparison chart below:
Maximum Minimum Maximum
Minimum Lot Size Density Units Residential Lot Coverage
Zoning for this Property (Max) per
District Allowed Unit Size
(sq. ft.) Acre
per Site (sq. ft.)
DR 1 4000 8 4 700 60%
DR-2 4000 30 15 500 75%
Staff Findings
Provide findings
1. The proposed zoning change is compatible with The Denton Plan and surrounding land
uses.
2. The proposed zoning change would improve this area and provide infill development.
ATTACHMENT 2
Maps
NORTH
Location/Zoning Map
LOCATION MAP
Scale: None
ATTACHMENT 3
Public Notification
NORTH
Notification Map
Scale: None
Public Notification Date: November 21, 2002
200' Legal Notices* sent via Certified Mail:
Number of responses to 200' Legal Notice
· In Opposition: 1
· In Favor: 1
· Neutral: 2
18
Percent of land within 200' in opposition: Less than
20 %
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
Property Owner Responses
Mrs. J. W. Flanagan Opposed See Attached Letter
913 McCormick
Denton Texas 76201
Joe Shahan Neutral 909 McCormick
2105 Joni CR
Sherman Texas 75092
Naoma Hurst Neutral 911 McCormick
1001 Forest Park Drive
Lewisville, Texas 75057
Craig Irwin Favor 918, 915, 917 Ave A, & 1124 Fannin
525 S Carroll Blvd
Denton, Texas 76201
*A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201
NOTICE OF PUBLIC HEAEIN
Z02-0059
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
December 4, 2002, to consider rezoning an approximately 0.5 acre site commonly known as 910 and
'912 Avenue A, from Downtown Residential I (DR-l) zoning district to a Downtown Residential 2 (DR-2)
zoning district (See map on back). The property is legally described as a Lots 7 and 8, Block 1 in the
Darnell Addition, in the City of Denton, Denton County, Texas. Multi-family residential is proposed.
The public hearing will start at 7:00 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas..Because you own property within two hundred .(200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
zoning change request and invites you to attend the public hearing. Please, in order for your opinion to
be taken into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from af~ending and participating in the public hearing.) You may fax it to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
22t N. Elm ST
Denton, Texas 76201
Attn: Autumn Spear, Planner I
12-04-02P1£: 17 RCVD
The zoning process includes two public hearings designed to provide opportunities for citizen
involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing is
held before the Planning and Zoning Commission, The Commission is informed of the percent of
responses in support and in opposition, Second, the zoning petition is forwarded to the City Council for
final action providing the Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council, If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoning change. These forms are
used to calculate the percentage of landowner opposition.
Please circle one:
. In favor of request ~request'~ Opposed to request
Reasons for Opposition: .
signature: '~~ ~"~'~_~ .
MaiiingAddress:" [001 F0i~.<,'['' ~ '$)"
City, State Zip: }_e~J~;~u;\~0.. 'Tx
Physical Address of Prope~y within 200 feet:
CITY OFDENTON, TEXAS CiTY HALLWEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707
Z02.0059 200' Notice
NOTICE OF PUBLIC HEARIN6
Z02-0059
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
December 4, 2002, to consider rezoning an approximately 0.5 acre site commonly known as 910 and
912 Avenue A, from Downtown Residential 1 (DR-l) zoning district to a Downtown Residential 2 (DR-2)
zoning district (See map on back). The property is legally described as a Lots 7 and 8, Block 1 in the
Darnell Addition, in the City of Denton, Denton County, Texas. Multi-family residential is proposed.
The public hearing will start at 7:00 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
zoning change request and invites you to attend the public hearing. Please, in order for your opinion to
be taken into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from attending and participating in the public hearing.) You may fax it to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Autumn Speer, Planner l
iI-L'I-L;Z['~£:4~' RCVD
The zoning process includes two public hearings designed to provide opportUnities for citizen
involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing is
held before the Planning and Zoning Commission. The Commission is informed of the percent of
responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for
final action providing the Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council.. if owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoning change. These forms are
used to calculate the percentage of landowner opposition.
Please circle one:
In favor of request Neutral to request
Mailing Address: ~/~ ~ ~ ~ ~.~
Telephone Number: ...~ ~ ?
Physical Address of Prope~y within 200 feet:
CITY OF DENTON, TEXAS
Z02.0059 200' Notice
CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707
Ifovember 26, 2002
913 McCormick St.,
Denton, Tx. 76201-6637
Plsnntng ~ Development Dept.,
221 N. Elm St.,
Denton, Tx. 76201-
Attn: Autumn Speer, Planner 1
11-~?-02P12:47 RCV0
De~r Sir:
I'~ using a seper~t~ p~p~r to writ~ my oppos~tlon
to this proJset, ~s I don~t know what to ex~sct
with thes~ 2 ~ddr~ssss, 210 ~ 212 Av~. A. Ths
l~ttsr didn't say. But, I w~s SO OPPOSED to th~
building of ~ 6 ~nit ~.partm~nt comp~ ~ 91~ Av~.
A, which ls directly bshlnR my lo,---it ~oins
my b~ek lot, just'a fenc~ in bstw~n. I ~ttsnd~d
tbs mesting mt tbs C~ty Council m~sting, in r~g~md
to the 918 Ars A project, that I c~ms hom~ 'and
~rl~d b~caus~ ~t ~'p~sssd" to build t~s 6 unit
Apt. Complex right behind
My husband passed ~way on M~rch 21, ~nd I
fslt so s~fe ~nd s~nrs, in my honss b~ myself
at night, sln~s h~ p~ss~d sway, as this Is
~ nic~ nsighbophood---n~v~r ~ny problems that ws
h~v~ to ~all th~ poli~ for h~lp.
But, with all this oh~ng~-uP right b~h~nd ms,
I don~t know ~ow I w~ll f~l when th~ CITY gsts
through with ~11 their Ideas. At th~ i~s~ m~ting
I ~tt~nd~d, some girl who rePr~ssnt~d ths "Pl~e~
to B~" ~ompany, got ~ and told th~ biggsst LIE
ah~ coutR t~ink uP---sh~ s~ld th~s w~s ~ t~r~l~
n~ghborhooR---that half th~ ~ons~s wsr~
up (th~ doors ~nd w~ndow~) That %s ~ BIG LIE.
m~:~ ~y husband ~nd I moved into this
%n 19~0~ ~nR th~ ONLY HOUSE that I ~now of, that
th~ doors and window~ '~r~ ~oardsd uD, %s th~
right ~ross ths str~t from that 918 Av~. A
hons~ wh~e t~ w~nt go build ~ 6 nnl~ ~partment
building. If you don't b~ll~v~ m~---just toms
out he~s ~nd tak~ a %ook.
% ~m ~n 82 ~r o~ld widow, and I hst~ to tn~nk
what is in th~ futurs for ~, thanks to some Si
liar, who doesn't know what she ~s talking ~b~~
N~tur~%lY, the City Council llst~n~ to h~r. i w~ll
~ to ~tt~nd th~ D~c. 4th ms~t~ng, but w~%l
DEC-02-2002 16:05 IRWIN REALTY/PLACE TO BE 940 5659990 P,01/01
NOT'J:¢E OF PUBI. J:¢ HEARI N6
Z02-0059
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
December 4, 2002, to consider rezoning an approximately 0.5 awe site commonly known as 9t0 and
912 Avenue A, from Downtown Residential 1 (DR-l) zoning district to a Downtown Residential 2 (DR-2)
zoning district (See map on back}. The property is legally described as a Lots 7 and 8, Block 1 in the
Damell Addition, in the City of Denton, Denton County, Texas. Multi-family resWentia] is proposed.
The public hearing will start at 7:00 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas, Because you own property within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
zoning change request and invites you to attend the public hearing. Please, In order for your opinion to
be taken into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from attending and participating in the public hearing.) You may fax it to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Autumn Spear, Planner I
The zoning process includes two public hearings designed to provide opportunities for citizen
involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing is
held before the Planning and Zoning Commission. The Commission is informed of the percent of
responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for
final action providing the Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council. if owners of more than twenty
(20) percent of the fand area within two hundred (200) feet of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoning change. These forms are
used to calculate fha percentage of landowner opposition.
Please circle one:
Neutral to request
Reasons for Opposition:
Signature: (~. A~' ~ --~-------.----
Printed Name: (,.~.~.'q't
Mailing Address:
Ci~,State Zip: ~~ ~ _~G~/
Telephone Number:
Physical Address of PropeAy within 200
CiTY OF DENTON, TEXAS
Opposed to request
CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8350 · (F) 940.349.7707
TOTRL P. O1
I~EC~-02-2002 02:11 PM P.81
NOT]:¢E OF PUBLIC HEAE:i:N6
Z02-0059
The Planning and Zoning Commission of the City of Denton will hold a public heating on Wednesday,
December 4, 2002, to consicler rezoning an approximately 0.5 acre site commonly known as 910 and
912 Avenue A, from Downtown Residential 1 (DR-l) zoning district to a Downtown Residential 2 (DR-2)
zoning district (See map on back). The properbj is legally described as a Lots 7 and 8, Block 1 tn the
Damell Addition, in the City of Denton, Denton County, Texas. Multi-family residential ia proposed.
The public hearing will start at 7:00 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subjec! property, the Planning and Zoning Commission would like to hear how you feel about this
zoning change request and invites you fo attend the public hearing. Please, in order for your opinion to
be taken into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from affending and participating in the public hearing.) You may fax it to the
number located at the bottom, mall it to the address below, or drop it off, in;.person:
Planning and Development Department
221 N, Elm ST
Denton, Texas 7620'1
Attn= Autumn Spear, Planner I
12-02-02P04:10 RCVD
The zoning process Includes two public heatings designed to provide opportunities for citizen
Involvement and comment. Prior to the public t~earings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. Ti~e first public hearing is
held before the Planning and Zoning Commission. The Commission is informed of the percent of
responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for
final action providing the Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Coundl, If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit wdtten opposition, then six
out of seven votes of the City Coundl are required to approve the zoning change. These forms are
used to calculate the percentage of landowner opposition.
Please circle one:
Opposed to request
in favor of request
Reasons for Opposition:
Mailing Address: __..~/0.~' ~'~,
City, State Zip: _
Telephone Number;,
Physical Address of Property within 200 feet:
CITY OF DENTON, TEXAS
Notice
CITY HALL WEST · DENTON,TEXAS 76201 · g40,34g,lt350 · (F) 940,34g.7707
ATTACHMENT 4
Photographs
910 Avenue A
ATTACHMENT 4
Photographs
CondcnscltTM
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COMMISSIONER APPLE: Moving to I~n No.
16 is a public hearing. Ms. Speer will present and I'll
open the public hearing.
MS. SPEER: Good evening once again.
Agenda Item No. 16 concerns a request to rezone
Page 177
Page 179
structure we're looking at putting on this piece of
property. We have a coupte of different kinds. This
being one type and this being another type that we would
like to put at this location.
In looking at the requirements of the Code,
approximately half of an acre from a Downtown Residential
i zoning district to a Downtown Residential 2 zoning
district. The site is located at 910 and 912 Avenue A at
the southeast corner of Fannin and Avenue A. This is the
site as it currently exists in its Downtown Residential 1
zoning district and this is the proposed zoning. You can
see there are several sites surrounding the area that are
Downtown Residential 2, ocs, and DOG. ?here's a mix of
downtown university districts.
I have received four -- I'm sorry -- three
responses, two neutral, one positive, and one negative.
COMMISSIONER POWELL: That's four.
MS. SPEER: IS that four? It's really late
and nobody is watching. This is the opposition is at the
back of the site at 913. The two neutral sites arc on
McComfick, as well. And one owner has tlaee sites that
are in favor. There's actually four. This is the picture
of the site. This is 910 Avenue A and 912 Avenue A.
The applicants are proposing multi-family
residential use. The maximum use allowed on this site
Page 178
currently are four. If the two lots arc combined with the
Downtown Residential 2 use, the maximmn allowed would go
up to 15 permitting parking} et cetera.
Staff finds that the proposed zoning change
is compatible with thc Denton Plan and surrounding land
uses. Tile proposed zoning change would improve the area
and provide infill development and is COlnpatible with the
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it looks like the majority of units we would be able to
get on here would be 12 units at most. And, again, that's
going to depend on making sure that we meet all of the
off-street parking requirements, opm space, and
landscaping. And with that, I would be happy to answer
any questions that you-all may have.
COMMISSIONER APPLE: Thank you, Ms.
Mitchell. I don't see any questions. This is a public
hearing. Is there anyone present who would like to
address this Agenda item? Seeing no one coming forward,
I'm going to close the public hearing. Staff, any final
cmmnents? None. Commissioner Mulroy.
COMMISSIONER MULROY: I move approval.
COMMISSIONER JOHNSON: second.
COMMISSIONER APPLE: We have a motion and a
second for approval. Any discussion? Hearing none, vote
please. Motion carries 7-0.
MR. REICHHART: I jUSt want to point out
there was the 2003 Planning and Zoning calendar also
included in your notebook that witt go into effect.
Page 180
That's it.
COMMISSIONER APPLE: Thank you. We are
adjourned.
future land use plan in the Downtown University Core
District.
COMMISSIONER APPLE: DO~S that conclude
your report?
MS. SPEER: Yes.
COMMISSIONER APPLE: Thank you. Is the
applicant present? Is the applicant awake?
MS. MITCHELL: I don't know. Thank you-all
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very much and my hat's off to you for all your hard work
and being here this late. My name is Karen Mitchell,
Mitchell Planning Group, 7823 Nine Mile Bridge Road in
Fort Worth.
I feel as though I don't really ncccl to go
over the normal presentation that I give to you because
we've done so many in this area and y'all have certainly
spent a lot of time up here on a lot bigger issues. What
I would like to show you at this time is exmnples of the
type of use that we are looking at or the type of
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PLANNING AND ZONING COMMISSION 12/4/2002 Page I77 - Page 180
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZON1NG DISTRICT
CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN RESDIENTIAL 2 (DR-2)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
0.5 ACRE OF LAND LOCATED AT 910 AND 912 AVENUE A IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z02-0059)
WHEREAS, Karen Mitchell on behalf of Golden Tiger Company has applied for a change in
zoning for approximately 0.5 acre of land commonly known as 910 and 912 Avenue A which is
more particularly described as Lots 7 and 8 of the F.W. Damell Addition in the City of DeNon,
DeNon County, Texas (the "Property") from Dowmown Residemial 1 (DR-2) zoning district
classification and use designation to Dowmown Residemial 2 (DR-2) zoning district classification
and use designation; and
WHEREAS, on December 4, 2002, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change is consistem with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the Property is hereby
changed from Dowmown Residemial 1 (DR-1) zoning district classification and use designation to
Dowmown Residemial 2 (DR-2) zoning district classification and use.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
Mitchell Planning Group, L.L.C.
7823 Nine Mile Bridge Road
Fort Worth, Texas 76135
Office- (817) 237-4467
Fax -(817)~738-1444
Mobile- (817) 797-9134
November 4, 2002
Mr. Larry Reichhart, Assistant Director of Planning
City of Denton
City Hall West
Denton, Texas
Dear Mr. Reichhart:
On behalf of my client, The Golden Tiger Company, i hereby submit our application for the
rezoning of property located at 910 and 912 Avenue Afrom the DR.1 to the DR-2 districL This site
is located within walking distance to the University of North Texas campus and is adjacent to
property that was recently zoned to this same districL The Comprehensive Land Use Plan
designates this area as 'Downtown University Core" and encourages high density residential in a
pedestrian friendly environment.
This pa~cular area, because of its proximity to the University, not only has large multifamily
complexes, it is beginning to see smaller "pods~ of multifamity residential as well. Again, this is not
only typical in college set'rings, the "Ran' recommend that this be allowed.
This site is tegally known as Lots 7 and 8, Block 1, Damell Addition and locally known as 910 and
912 Avenue A. There are two single family residences on the site, both being utilized as rental
units.
Thank you, as always, for your time and assistance.
R especffull~.~
11-04-02A09:15 RCVD
Cc: Grace Chang, President
The Golden Tiger Company
NOV 0 4- ZOOZ
PLANNING & DEVELOPMENT
Zoning Map
Il [~ ~ I I '~' L ill .... i.l,kl.. 1..Ii
Scale: None
NORTH
11-04-02A09:15 RCVD
PLANNING & DEVELOPMENT
01/07/03 Item #5E
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
January 7, 2003
Planning and Development Department
Dave Hill, Assistant City Manager 349-8314 ~ !~'~¥>'
SUBJECT - Z02-0055 (Titan Towers)
Hold a public heating and consider adoption of an ordinance granting a Specific Use Permit to
allow a wireless communications tower over 85' high on approximately 0.44 acres. The site is in
an Industrial Center Employment (lC-E) zoning district. The subject property is commonly
known as 303 East Massey Street. A 195' wireless communications tower is proposed.
BACKGROUND
Applicant: David Baker on behalf of Amanda Walker Denton, Texas
The applicant has submitted a request for a Specific Use Permit (SUP) proposing a wireless
communications tower over 85' high. In the IC-E zoning district a SUP is required for any
height above 85'. Cell towers must be located a minimum of a 3:1 height ratio from any
residential use or zone. There is one residential home located within this 585' distance from the
proposed site, however it is the owner of the subject property.
Public notification and property owner responses are provided in Attachment 4. As of this
writing, staff'has received no responses from property owners within 200 feet of the subject site.
As opposition is less than 20% a simple majority vote by City Council will be required to
approve this request.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
ESTIMATED PROJECT SCHEDULE
The property must be platted prior to construction of the tower.
PRIOR ACTION/REVIEW
The following is a chronology of Z02-0055, commonly known as Titan Towers:
Application Date -
DRC Date -
Planning and Zoning Public Hearing -
October 18, 2002
October 31, 2002
December 4, 2002
No Neighborhood meeting was held.
FISCAL INFORMATION
Development of this property will increase the assessed value of the city.
short-term pnblic improvements that are the responsibility of the city.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map)
4. Photographs
5. Minutes from December 4, 2002 Planning and Zoning Meeting
6. Draft Ordinance and Exhibit A
7. Applicant submittal
Prepared by:
It will
require no
Autumn Speer
Planner I
Respectfully Submitted:
ASLA, AICP
Assistant Director of Planning and Development
ATTACHMENT I
Staff Analysis
Summar~ of Zoning Request
The subject property is zoned Industrial Center Employment (1C-E). The applicant must obtain
the approval of a Specific Use Permit (SUP) to allow for the construction of a wireless
communication tower over 85' high.
Existing Condition of Proper ,ty
Property History. February 20, 2002 - The subject property was placed in the Industrial
Center Employment (lC-E) zoning district and land use classification by Ordinance 2002-
040.
Prior to the adoption of the Development Code, the property was zoned Light industrial (Li).
The subject property currently contains one single-family home.
Adjacent zoning:
North: Industrial Center Employment (lC-E) zoning districts - vacant land and Acme
Brick
South: industrial Center Employment (lC-E) zoning districts - vacant land and industrial
uses
East: industrial Center General (lC-G) zoning districts - vacant land and Acme Brick
West: industrial Center Employment (lC-E) zoning districts - Residential and industrial
Comprehensive Plan Analysis
The subject site is located in an "Industrial Centers" future land use area. Industrial Centers
are intended to provide locations for a variety of work processes and work places such as
manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of
commercial and industrial operations. The industrial centers may also accommodate
complementary and supporting uses such a convenience shopping and child-care centers.
Adequate public facilities shall be a criterion by which zoning is granted.
Currently the areas surrounding the site are predominantly industrial uses. The proposed specific
use permit would not be detrimental to the existing or future development of this area.
Development Review Analysis
Transportation
Trip Generation. No significant vehicle trips will be generated. A TiA will not be required.
Access. The wireless communications tower will have access from Massey Street from Fort
Worth Drive.
Development Code/Zoning Analysis
The applicant has proposed the construction of a wireless communications tower. The Industrial
Center Employment (lC-E) zoning designation allows wireless communications towers over 85'
in height only with the approval of a specific use permit.
Section 35-112 of the Zoning Ordinance (69-01) states that a Specific Use Permit shall be issued
only if all of the following conditions have been found:
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 operation of the wireless communications tower should not diminish or impair
property values in the immediate vicinity as the proposed location of the tower is located
in an industrial use zoning district
e
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.
e
That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided;
All necessary supporting facilities will be provided. Water and sewer are not available to
the site, but are not required.
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 will be required to meet the requirements of
the City of Denton at the time of platting.
That adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise and vibration;
Adequate nuisance prevention measures will be taken. No odors, dust, noise, or vibration
will occur after initial construction.
e
That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
Proposed lighting will not adversely affect neighboring properties.
7. That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
Specific landscaping information will be determined at time of platting.
However, Section 35-113 allows the Commission to recommend additional conditions on the
proposal to protect the public interest and the welfare of the community.
STAFF FINDINGS
1. The proposed use is compatible with The Denton Plan and the Denton Development
Code. The applicant has met all requirements ora Specific Use Permit.
4
o
The proposed wireless communications tower is not allowed by the Denton Development
Code to be located near the residential use, however the property owner of the residential
use owns the subject property as well.
ATTACHMENT 2
Maps
NORTH
Location/Zoning Map
Scale: None
NORTH
Land Use Map
Scale: None
ATTACHMENT 3
Public Notification
NORTH
1517
1701
1707
ETJ /
218
Newspaper Notification Date: November 21, 2002
200' Legal Notices* sent via Certified Mail: 4
Number of responses to 200' Legal Notice
· In Opposition: 0
· In Favor: 0
· Neutral: 0
Percent of land within 200' in opposition:
approximately 0 %
Scale: None
*Sites in the 500' notification area without addresses are not notified via courtesy notice.
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 4
Photographs
ATTACHMENT 4
Photographs
Looking West from Site
CondcnscltTM
Page 157
I COMMISSIONER APPLE: Noxt on the Agenda is
2 Item 14 which is also a public hearing. If y'all would
3 please refrain from conversation till you're outside
4 chambers. We have to stay and continue our business.
5 Thank you.
6 Itmn 14 is also a public hearing. Ms.
7 Sp~x with the City planning staff. I'll open thc public
8 hearing.
9 MS. SPEER: oood evening, Conunissioners.
10 Agenda Iron No. 14 concerns a request for a specific use
1 permit for a telecommunications tower in an Industrial
zoning district. The teleconununications tower up to 85
13 feet is permitted by right. The specific usc peaanit is
14 required for over 85 feet. Thc applicant is proposing a
15 195-foot wireless communications tower. The zoning
16 district is Industrial Center - Employment. There is one
t7 residential use very close to the site; however, it's the
18 property owner ~mselves. And since it is an Industrial
19 zoning district, it's not an issue as far as a
20 telecommunications tower is concerned. Staff finds that
21 the proposed use is compatible with the Denton Plan and
22 the Denton Development Code and the applicant has met all
23 the requirements of the specific use permit. That
24 concludes my presentation.
25 COMMISSIONER APPLE: Thank you,
Page 158
1 MS. SPEER: And I must say I feel a little
2 lonely.
3 COMMISSIONER APPLE: well, I don't blm~qe
4 you. How rude. They just all left. Is the applicant
5 present?
6 MS, SPEER: Yes.
7 COMMISSIONER POWELL: I have a question for
8 staff.
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Page 159
I like to come forward.
2 MR. BAKER: Good evening. I'm David Baker.
3 I'm with Titan Towers. Our address is 1500 Industrial
4 Boulevard, Suite 300E, Abilene, Texas, 79602.
5 Just to clarify or expand a little further
6 on the air space issue, v~ regulations require that any
7 proposed communication tower over 200 feet tall has to be
8 lit. And, in addition, before construction, you have to
9 request a deten~ination from the FA~ as to whether a
10 particular site would be an obstruction to air space.
11 We've done that and it is not. This tower wit[ not be
t2 painted nor will it be lit. I don't have anything to add
13 to the staff's report. Be happy to answer any questions.
14 COMMISSIONER APPLE: Thank you, sir. I
15 don't see any questions. This is a public hearing so I'll
16 ask if there's anyone in the audience who wishes to
17 address this Agenda item.
18 MR. WALKER: My name is Doyle Walker. I
: 19 live at 303 East Massey, the property owner. And I'm in
20 favor for the tower being installed.
21 COMMISSIONER APPLE: Thank you, sir. Is
22 there anyone else in the audience who wishes to address
23 this item? Seeing no one coming forward, I'll close the
24 public hearing. Staff, no final corm~ents? Colrmfissioner
25 Watkins.
COMMISSIONER APPLE: All right.
Co~mnissioner Powell.
COMMISSIONER POWELL: Thank you. I'm
sorry. Did you say and then I read it also, it's 195
feet. That's not a misprint.
MS. SPEER: I'm sorry?
COMMISSIONER POWELL: That's not a
misprint.
MS. SPEER: NO, that's how tall, yes.
COMMISSIONER POWELL: HOW does that affect
the airplanes and the air traffic and whatnot? Is that a
problem? Has that all been settled and everything?
That's all been gone through? MS. SPEER: uh-huh.
COMMISSIONER POWELL: Thank you much.
MS. SPEER: You're welcome.
COMMISSIONER APPLE: If the applicant would
'LANNING AND ZONING COMMISSION
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Page 160
COMMISSIONER WATKINS: Yes, Madam Chair. t
would like to move approval o[~ Z02-0055.
COMMISSIONER MULROY: second.
COMMISSIONER APPLE: We have a motion and a
second to approve. Is there any discussion? Vote,
please. Motion carries 7-0.
Page 157 - Page 160
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A WIRELESS COMMUNICATIONS TOWER ON APPROXIMATELY 0.44
ACRES OF LAND COMMONLY KNOWN AS 303 EAST MASSEY STREET, WITHIN AN
INDUSTRIAL CENTER EMPLOYMENT (lC-E)) ZON1NG DISTRICT CLASSIFICATION AND
USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z02-0055)
WHEREAS, David Baker, on behalf of Amanda Walker, has applied for a specific use permit
to allow a wireless communications tower over 85' high on approximately 0.44 acres of land
commonly known as 303 East Massey Street which is more particularly described in Exhibit "A"
attached hereto and made a part hereof by reference (the "Property"), within an Industrial Cemer
Employmem (lC-E) zoning district classification and use designation; and
WHEREAS, on December 4, 2002, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for wireless communications tower over 85' high; and
WHEREAS, the City Council finds that the Specific Use Permit is consistem with the
Denton Plan policies; and
WHEREAS, in accordance with Section 35.6.5 of the Developmem Code, the City Council
finds that all of the following conditions exist:
That the use is in conformance with all the standards within the zoning district in
which the use is proposed to be located, and in conformance with the DeNon Plan
and federal, state, or local law;
That the wireless communications tower site 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;
That the establishment of the wireless communications tower site will not impede
the normal and orderly developmem and improvemem of surrounding property;
That adequate utilities, access roads, drainage, and other necessary supporting
facilities have been or will be provided;
That 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;
That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration;
That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
That 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 in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. A specific use permit is hereby granted to allow wireless communications
tower over 85' in height on the Property within an industrial Cemer Employmem (lC-E) zoning
district classification and use designation.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. 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 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.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
EULiNE BROCK, MAYOR
PAGE 2
BY:
PAGE 3
OCT 1 $ OOZ
TITAN TOWERS LEASE PROPERT
DESCRIPTION 5625 SQUARE FEET
TOWER SITE
I PLANItlING,& DEVELOPMEN i II
SITUATED in Denton County, Texas, in the William Daniel Survey, Abstract No. 387, being a
part of the 1.763 acre tract described in a deed from Fannie Rachel Walker to Raymond W. Walker and wife,
Amanda Walker, dated February 21, 1978, recorded in Volume 876, Page 477 of the Denton County Deed Records,
being described by metes and bounds as follows:
COMMENCING at an iron pin found at the northwest comer of a 1/4 acre tract described in Volume 585,
Page 627, same being the northeast comer ora 1.089 acre tract described in Volume 976, Page 389; THENCE South
88° 45' 49" East, with the north lines of said 1/4 acre tract and 1.763 acre tract, 266.18 feet; THENCE South 1° 14'
11" West, 15.00 feet to the PLACE OF BEGINNING, a 1/2-inch iron pin set bears South I° 14' 11" West, 5.00 feet;
THENCE South 88° 45' 49" East, parallel with the north line of said 1.763 acre tract, 75.00 feet to a 1/2-
inch iron pin set;
THENCE I° 14' 11" West, 75.00 feet to a 1/2-inch iron pin set;
THENCE 88° 45' 49" West, parallel with the north line of said 1.763 acre tract, 75.00 feet to an l/2-inch
iron pin set;
THENCE 1° 14' 11" East, passing said 1/2-inch iron pin set at 70.00 feet and continuing in all 75.00 feet to
the PLACE OF BEGINNING and containing 5625 SQUARE FEET OF LAND.
DESCRIPTION 0.31 ACRE
15 FOOT ACCESS & UTILITY EASEMENT
SITUATED in Denton County, Texas in the William Daniel Survey, Abstract No. 387, being a 15
foot wide access and utility easement over and across the 0.157 acre tract described in a deed from Fannie Rachel
Walker to Raymond W. Walker and wife, Amanda Walker, dated February 21, 1978, recorded in Volume 876, Page
477, the 1/4 acre tract described in a deed from Fannie Rachel Walker to Raymond W. Walker and wife, Amanda
Walker, dated June 3, 1969, recorded in Volume 585, Page 627, and a part of the 1.763 acre tract described in said
Volume 876, Page 477, an deeds of the Denton County Deed Records, being described by metes and bounds as
follows:
BEGINNING at the southeast comer of said 0.157 acre tract, in the east right-of-way line of U.S. Highway
No. 377 (variable width); an iron pin found bears North 88° 47' 04" West, 0.61 feet;
THENCE 4° 38' 10" East, with the west line of said 0.157 acre tract and the east right-of-way line of said
U. S. Highway No. 377, 15.03 feet to the northeast comer of said 0.157 acre tract;
THENCE South 88° 47' 04" East, with the north line of said 0.157 acre tract, passing an iron pin found at
the southeast comer ora 0.8930 acre tract recorded in Volume 1202, Page 181 at 207.7 feet, passing the northeast
comer of said 0.157 acre tract at 453.0 feet, and continuing in all 777.02 feet;
THENCE North 1° 14' 11" East, 103.69 feet to a point on the south line of the above-described 5625
square feet tower site;
THENCE South 880 45' 49" East, 15.00 feet to a 1/2-inch iron pin set at the southeast comer of said tower
site;
THENCE North 1° 14' 11" West, 1 I8.69 feet to a point in the south line of said 1.763 acre tract;
TI-IENCE South 88° 47' 04" West, with the south lines of said 1.763 acre tract, 1/4 acre tract and 0.157
acre tract, passing an iron pin found by comer post at the southwest comer of said t/4 acre tract at 338.86 feet and
continuing in all 792.91 feet to the PLACE OF BEGINNING and containing 0.31 ACRE OF LAND.
DIRECTIONAL CONTROL LINE: Centerline of U, S. Highway No. 377, according to the map thereof in the
Highway Department office in Denton, Texas,
CONTROLLING MONUMENTS: Concrete marker found on east R.O.W. line, 60 feet left of centerline station
120+88.9, and concrete marker found on east R.O.W. line, 90 feet left of centefline station 104+80,6.
According to Flood Insurance Rate Map No. 48121C0370E, dated April 2, 1997, the land platted hereon does not tie
within thc limits of the 100-year flood plain.
The above-described tracts of land were surveyed on the ground under my supervision on October 12, 2002.
PROPERTY PARENT TRACTS
TRACT 4:
All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas and
being in the William Daniel Survey, Abstract 378, City and County of Denton, Texas, being all of TRACT ONE and
part of TRACT TWO described in a Deed from C.D. Smith et ux to Glen E. Walker et ux, on August 6, 1952, and
recorded in Volume 382, Page 59, Deed Records of said County, and being more particularly described as follows:
BEGINNING at an iron pipe at the Northeast comer of said tract on the North line of said survey;
THENCE S. 3° 55' 10" W, 209.0 feet to a steel pin at the Southeast comer of said tract;
THENCE N. 86° 13' W. with a fence on the South line of said tract 365.75 fee¢ to a steel pin;
THENCE N. 3° 00' 10" E. 209.02 feet to a steel pin in a fence on the North line of said tract and the North line of
said Daniel Survey;
THENCE S. 86° 13' E. with said Survey line along and near said fence 369.09 feet to the PLACE OF BEGINNING
and CONTAINING in all 1.763 acres of land.
TRACT 8:
All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas and
being in the WilliamDaniel Survey, Abstract 378, Denton County, Texas, being part of a SECOND TRACT
described in a Deed from C.D. Smith et ux to Glen E. Walker et ux, on August 6, 1952 and recorded in Volume 382,
Page 59, Deed Records of said County, and being more particularly described as follows:
BEGINNING at a steel pin on the East fight-of-way of U.S. Highway 377 at the Southwest comer of said SECOND
TRACT deeded to Glen Walker;
THENCE N 8° 24' 08" E. with the East right-of-way of said Highway 15.05 feet to a steel pin;
THENCE S. 86° 13' E. 453.99 feet to a steel pin at a fence comer;
THENCE S. 3° 00' 10' W. 15.0 feet to a steel pin at a post in a fence on the South Boundary Line of said Walker
tract;
THENCE N 86° 13' W. with the South Boundary Line of said Wlakcr tract 455.40 feet to PLACE OF
BEGINNING, CONTAINING in all 0.157 acre of land,
TRACT 5:
All that certain lot, tract or parcel of land, lying and being situated in the William Daniel Survey, Abstract 378, City
and County of Denton, Texas, being part of a SECOND TRACT described in a deed form C.D. Smith et ux to Glen
E. Walker et ux, on August 6, 1952 and recorded in Volume 382, Page 59, Deed Records of said County, and being
more particularly described as follows:
BEGINNING at a steel pm at a fence comer post on the North Boundary Line of said Survey at the North Northwest
of said SECOND TRACT;
THENCE S. 86° 13' E. along and near a fence on the North Boundary Line of said Survey 52.25 feet to a steel pin;
THENCE S. 3° 00' 10" W. 209.02 feet to a steel pin in a fence on the South Boundary Line of said SECOND
TRACT;
THENCE N. 86° 13' W. ~vith a fence on the South Boundary Line of said tract 52.25 feet to a steel pin at a post;
THENCE N. 3° 00' 10" E. passing at 15.0 feet a steel pin at a fence comer post and continuing in all 209.02 feet to
the PLACE OF BEGINNING CONTAINING in all 0.251 acm of land
PROPERTY PARENT TRACTS
(Continued)
TRACT 6:
All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas and
being situated irt the William Daniel Survey, Abstract 378, Denton County, Texas, being the residue of a certain
(called) 5.8 acre tract described in a Deed from Emmett B. Wynn et ux, to Tom Tyler on October 11, 1941, recorded
in Volume 294, Page 270, Deed Records of said County, and being more particularly described as follows:
BEGINNING at a steel pin on the North line of said survey and of said 5.8 acre tract, near a fence at a point S. 86°
13' E. 200.0 feet from its Northwest comer,
THENCE S. 860 13' E~ with said survey line and North line of said tract, alog and near said fence 243.30 feet to a
fence comer;
THENCE S. 3° 00' 10" W. with said fence 194.02 feet to a steel in on the North line of a 15 foot wide lane near a
fence comer;
THENCE N. 86° 13' W. with the North line of said lane near said fence part of the way, a distance ot- 245.95 feet to
a steel pin;
TI-IElqCE N 3° 47' E. 194.0 feet to the PLACE OF BEGINNING and CONTAINING in all 1.099 acres of lane[
Jk"iT I TA N
T O W E R
TITAN TOWERS
SUbmission of
Specific Use Permit
303 East Massey Street
Denton, Texas
PLANNING f DEVELOPMENT
1500 Industrial Blvd., Suite 300E · P.O. Box 6972 · Abilene, TX 79608-6972
(015) 602.2517 · FAX (9:I.5) 692,7749
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City of
Denton
DISCLAIMER N
This date has bean ~ompiled for the City of Denton. Various ~
official and unofficial sources were used to gather this
Information. Ever~ effor~ was made to ensure the accuracy of
this data, however, ne guarantee is given or Implied as to the
acCuracy of s~id date.
http ://dentonrnaps.com/scripts/esrimap.dll?Name=Denton&Cmd=Map&MapType=True&... I0/15/2002
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01/07/03 Item #5F
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
January 7, 2003
Planning & Development Department
Dave Hill, Assistant City Manager, 349-8314 = 5-'~¢'
SUBJECT - CA02-0005 (1708 & 1702 Mockingbird Lane)
Hold a public heating and consider adoption of an ordinance amending Ordinance 99-439,
regarding a Comprehensive Plan Amendment, from Employment Center to Neighborhood
Center. The area for amendment encompasses approximately 2.0 acres. The site is generally
located at the southeast comer of the Mingo Road and Mockingbird Lane intersection.
Residential uses will continue at this site
BACKGROUND
Applicant: City of Denton
The request for a comprehensive plan amendment is intended to rectify a mapping issue
associated with the land use component of the Denton Plan 1999-2020. Although the subject
properties were in an Employment Centers land use category, they were zoned Agricultural (A)
and contained single-family structures and uses. Consistent with the existing single-family use,
the properties were rezoned to Neighborhood Residential 4 (NR-4) with the adoption of the
Development Code (February 20, 2002). The existing future land use category of the Denton
Plan, which is Employment Centers, is not consistent with NR-4 zoning. The proposed
Neighborhood Centers land use category will bring it in compliance with the existing NR-4
zoning category and will address the stated policy that both the zoning and land use categories be
compatible.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
ESTIMATED PROJECT SCHEDULE
Although the northern one-acre property is currently being platted, the subject properties are not
platted. All unplatted property must have an approved final plat and a site plan prior to the
issuance of any building permits.
PRIOR ACTION/REVIEW
The following is a chronology of CA02-0005, commonly known as 1708 & 1702 Mockingbird
Lane:
Application Date - October 9, 2002
DRC Date - October 24, 2002
P&Z Public Heating - December 4, 2002
FISCAL INFORMATION
The property is already developed for residential uses. Future development will require no short-
term public improvements that are the responsibility of the city.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map, Property Owner Responses)
4. Photographs
5. Minutes from the December 4, 2002 Planning and Zoning Commission Meeting
6. Draft Ordinance
Prepared by:
Gincy Thoppil
Planner I
Respectfully Submitted:
ASLA, AICP
Assistant Director of Planning and Development
ATTACHMENT I
Staff Analysis
Summary of Comprehensive Plan Amendment Request
The Planning staff is requesting a comprehensive plan amendment to change approximately two
acres of land from Employment Centers to Neighborhood Centers. At the time of the adoption of
the Denton Plan (December 7, 1999) the subject properties were zoned Agricultural. The Future
Land Use component of the Denton Plan designated the properties Employment Centers. The
properties were zoned Neighborhood Residential 4 (NR-4) with the adoption of the Development
Code (February 20, 2002). This was in accordance with the existing residential use of the
properties. The proposed comprehensive plan amendment would bring the land use designation
into compliance with the zoning.
Existing Condition of Property
Both parcels have existing single family dwelling units. The house at 1708 Mockingbird Lane
was built in 1960 and the house at 1702 Mockingbird was built in 1991.
Property History.
December 7, 1999 - The subject property was placed into the Employment Center land use
designation. The subject property presently has residential uses.
February 20, 2002 - The subject property was placed in the Neighborhood Residential (NR-4)
zoning district.
Adjacent zoning.
North: Employment Center Commercial (EC-C)
South: Employment Center Industrial (EC-I)
East: Employment Center Industrial (EC-I)
West: Neighborhood Residential Mixed-Use 12 (NRMU- 12)
Comprehensive Plan Analysis
The subject site is located within an "Employment Centers" future land use area. Employment
Centers are intended to provide locations for a variety of workplaces, including limited light
manufacturing uses, research and development activities, corporate facilities, offices, and
institutions. Employment centers are also intended to accommodate secondary uses that
complement or support the primary workplace uses, such a hotels, restaurants, convenience
shopping, and child care. Adequate public facilities shall be a criterion by which zoning is
granted.
With the proposed comprehensive plan amendment, the subject site would be located within the
"Neighborhood Centers" future land use area. These areas may develop in conventional
patterns, with residential use or may be developed in a pattern of 'neighborhood centers'.
Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and
containing 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 elementary school.
StaffFindin~s
1. The 'Employment Centers' future land use designation at this site should have been
amended to 'Neighborhood Centers' upon the adoption of the new Development Code on
February 5, 2002 to retain the residential use of the property. The proposed
comprehensive plan amendment will bring the future land use 'neighborhood centers'
into compliance with the existing zoning 'neighborhood residential 4' (NR-4).
2. The proposed amendment is compatible with the surrounding land uses identified by the
Comprehensive Plan Land Use Map.
3. The proposed amendment from Employment Centers to Neighborhood Centers is
consistent with The Denton Plan land use goals and principles.
ATTACHMENT 2
Maps
NORTH
Location Map
Scale: None
Existing Land Use Map
Scale: None
Proposed Land Use Map
NOFITH
NORTH
Zoning Map
Scale: None
ATTACHMENT 3
Public Notification
NORTH
Notification Map
Scale: None
Public Notification Date:
200' Legal Notices* sent via Certified Mail:
500' Courtesy Notices* sent via 1st Class Mail:
Number of responses to 200' Legal Notice
· In Opposition: 0
· In Favor: 0
· Neutral: 0
Percent of land within 200' in opposition: 0 %
11/20/02
7
25
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 4
Photographs
FROM THE INTERSECTION OF MINGO AND MOCKINGBIRD LN,
LOOKING DOWN MOCKINGBIRD LANE
FROM MOCKINGBIRD LN,
LOOKING TOWARDS MINGO
CondenscltTM
Page 113
i COMMISSIONER APPLE: Next on our Agenda is
2 a public hearing and Ms. Thoppil with the City staff will
3 present. I'll open the public heating.
4 MS. THOPP[L: oood evening, respected Madam
5 Chair, members of the Co~mnission, and all present here.
6 My name is Gincy Thoppil and I work as a planner in the
7 Planning and Development Department.
8 This evening I would like to present before
9 you Case No. c^02-000s, conm~only known as 1708 and 1702
10 Mockingbird Lane case. This is a City initiated case
11 requesting for a Comprehensive Plan amenchnent from
12 Employment Centers to Neighborhood Centers.
13 Tile sit~ contains two parcels, 1702 and
14 1708 Mockingbird Lane, which are approximately one acre
15 each. And it is located at the southeast corner of
16 Mockingbird and Mingo. These parcels are currently used
17 for single-family residential purposes. Those are the
18 existing photographs that were taken.
19 The request is intended to rectify the
20 future land use map of the Comprehensive Plan adopted in
21 December 1999. At the time, the subject properties were
22 placed in the Employment Centers land use category even
23 though they contained single-faintly structures and were
24 zoned Agricultural. Later on with the adoption of Denton
25 Development Code in February 2002, the subject properties
Page 1 t4
i were rezoned as Neighborhood Residential 4 which was
2 consistent with the existing single-fmnily use.
3 But still the existing future land use of
4 the site which is Employment Centers is not consistent
5 with the NR-4 zoning. The proposed Neighborhood Center
6 land use will bring it in compliance with the zoning, as
7 well as the existing residential use and, thus, will
8 address the stated policy that both the zoning and the
9 land use categories are compatible. This concludes my
10 presentation.
11 COMMISSIONER APPLE: Thank you.
12 Colmnissioner Roy.
13 COMMISSIONER ROY: I believe this is the
14 sane property that we recently approved a variance on.
15 MS. THOPPIL: Yes.
16 COMMISSIONER ROY: And it's my
17 understanding that what we're doing tonight have no
18 bearing on that previous case; is that correct?
19 MS. THOPPIL: NO, I don't think it has any
20 probIem with that. Yeah.
21 COMMISSIONER ROY: Thank you.
22 MS. THO?PIL: Anything else? Thank you.
23 COMMISSIONER APPLE: Thank you. This is a
24 public hearing so I'll ask if there's anyone in the
L25 audience who wishes to address this Agenda item. Seeing
Page 115
I no one coming forward, I will close the public hearing.
2 Staff, do you have any final remarks? Thank you.
3 Commissioner Roy.
4 COMMISSIONER ROY: I'm ready to make a
5 motion.
6 COMMISSIONER MULROY: I have some
7 questions, if I may, Madam Chair.
8 COMMISSIONER ^PPL~: will you defer?
9 COMMISSIONER ROY: Yes,
10 COMMISSIONER APPLE: commissioner Muh'oy,
11 COMMISSIONER MULROY: Yes. If I could get
12 staff back up here for a second.
13 COMMISSIONER APPLE: MS, Thoppil.
14 COMMISSIONER MULROY: It says the applicant
15 is the City of Denton. Is this initiated by City Council
16 or by the Planning Department?
17 MS. THOePIL: Tile Planning staff.
18 MR, REICUUn~T: correction, it is City
19 Council. At the time it was in the Development Code, this
20 was one of many Comprehensive Plan changes associated with
21 the adoption of the zoning and it was one that basically
22 fell through the cracks.
23 COMMISSIONER MULROY: welt, maybe I can
24 make this short if you'll help me understand what we're
25 doing. If I look at the floodplain map back on page 6 of
Page 116
1 our backup, you see the Employement Center designation and
2 you know that the Weathcrtrol warehouse is there, so the
3 only other property north of the floodplain is these two
4 pieces.
5 Now, when you look at the pictures of the
6 property, you can see that they're well worn. They're not
7 new and at some point you would hope for redevelopment of
8 that corner. And in my -- what occurs to me it would be
9 more logical with that separation of that floodplain where
10 nothing will go in, you do have housing to the south but
11 to the north you're kind of isolated here behind
12 Wcathertrol and it really doesn't make sense to me to stay
13 with the NR-4 because no one is goi~g to come build new
14 NR-4 houses there behind an industrial warehouse isolated
15 from the oiher housing developments by the floodplain. It
16 would seem to me the more appropriate usc of the property
17 would be a small commercial outfit or service type
18 building.
19 MR. REICH}~rtT: ~ think tile initial
20 adoption of the Code envisioned the same thing, carrying
21 thc Employment Center all the way to Mockingbird.
22 COMMISSIONER MULROY: Right,
23 MR. REICHHART: EVell recently, we are
24 currently processing a final plat for the northern
25 property to divide it into two parcels for another
PLANNING AND ZONING COMMISSION 12/4/2002
Page 113 - Page 116
CondenseltTM
Page 117
I single-family residential use. The preliminary plat has
2 been approved. There has been variances granted for
3 sidewalk and perimeter paving on the property. So there
4 will be some new development on the property. I believe
5 they're going to move a structure on to the property.
6 COMMISSIONER MULROY: Is it going to be
7 single-family residential?
8 MR. REICHHART: Yes, sir.
9 COMMISSIONER MU'LROY: Okay. And the
10 present owner wants to --
11 MR. REICHHART: He wants to subdivide it
12 for another single-family.
13 COMMISSIONER MLILROY: All right. That
14 doesn't seem to fit with the picture hut if that's the
15 reality, then this presentation and where you're going
16 with it makes sense. Thank you, Larry.
17 COMMISSIONER APPLE: commissioner Roy.
18 COMMISSIONER ROY: I believe that we have
19 just recently reviewed that application to develop this as
20 a subdivision. I forgot the nmne of it but I believe we
21 have reviewed that just recently. Isn't that correct?
22 MR. REICHHART: That is correct, within the
23 past few months.
24 COMMISSIONER ROY: Yes. Thank you.
25 COMMISSIONER APPLE: Thank you, Ms.
Page 118
I Thoppil. Cmmnissioner Roy.
2 COMMISSIONER ROY: I'm ready to make a
3 motion on this. I move approval.
4 COMMISSIONER POWELL: second.
5 COMMISSIONER APPLE: We have a motion and a
6 second for approval. Is there any discussion? Vote,
7 please. Motion carries 7-0.
8 Cmmnissioners, since Item No. 13 is
9 anticipated to be lengthy, would you like to take a brief
10 break prior to it occurring? We would ask for your
11 patience. We're going to be here a long time after y'all
are gone and we would appreciate some patience. We will
return at 10:25.
(Break taken.)
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PLANNING AND ZONING COMMISSION 1214/2002
Page 119
Page 120
Page 1 I7 - Page 120
ORDINANCE NO.
AN ORDINANCE AMENDING THE LAND USE PLAN OF THE DENTON PLAN 1999-
2020 FOR AN AREA ENCOMPASSING APPROXIMATELY 2.0 ACRES GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF THE MINGO ROAD AND
MOCKINGBIRD LANE INTERSECTION, FROM EMPLOYMENT CENTER TO
NEIGHBORHOOD CENTER; PROVIDING AN EFFECTIVE DATE. (CA02-0005)
WHEREAS, City Council, initiated a comprehensive plan amendmem to the land use
plan of the Denton Plan for 2.0 acres of land from Employment Center to Neighborhood Center
which is more particularly described in Exhibit "A" attached hereto and made a part hereof by
reference (the "Land Use Plan Amendmem"); and
WHEREAS, on December 7, 1999, the City of DeNon adopted the DeNon Plan, 1999-
2020; and
WHEREAS, on December 4, 2002, the Planning and Zoning Commission held a public
hearing and recommended approval of the Land Use Plan Amendmem; and
WHEREAS, the City Council, after a public hearing on January 7, 2003, finds that the
recommended Land Use Plan Amendmem is in the best imerests of the health, safety and general
welfare of the citizens of the City of DeNon, Texas; 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 by reference.
SECTION 2. The City Council hereby approves the Land Use Plan Amendmem.
SECTION 3. The City staff is directed to change the land use plan map to the DeNon
Plan in conformity with the Land Use Plan Amendmem. Umil such map change is made a copy
of this ordinance shall be attached to the DeNon Plan, 1999-2020 showing the Land Use Plan
Amendment.
SECTION 4: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__ day of ,2003.
EULINE BROCK, MAYOR
Page 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
EXHIBIT "A"
The Comprehensive Plan Amendment encompasses approximately 2.0 acres.
will be amended from Employment Center to Neighborhood Center.
LOCATION MAP
The total 2.0 acres
Agenda Item 12
CA02-0005
1708 & 1702 Mockin bird Lane
Page 3
1
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Minutes for City Council Consent Agenda Item #4F
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PUBLIC UTILITIES BOARD MEETING MINUTES
January 6, 2003
9:00 A.M.
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After determining that a quorum of the Public Utilities Board of the City of DeNon,
Texas was preseN, the Public Utilities Board convened iNo an Open Meeting on
Monday, January 6, 2003 at 9:00 a.m. in the Service CeNer Training Room, City of
Denton Service Center, 901-A Texas Street, Denton, Texas.
PRESENT:
Charldean Newell, George Hopkins, Don White, Dick Norton and
Dick Smith
EX OFFI CIO MEMBERS
Mike Conduff, City Manager
Howard Martin, AssistaN City Manager
EXCUSED: Bill Cheek
UNEXCUSED: Jim Wilson
CONSENT AGENDA:
1)
Consider approval of Bid No. 2934 to Hurricane Fence Co. for the installation of
a 6' security chain link fence on the north property line of the Water Reclamation
Plant in an amount not to exceed $64,785.75.
2)
Consider approval of Bid No. 2927 to EnvironmeNal ImprovemeNs, Incorporated
for liquid chemical feeder equipmeN for the standardization and automation of
the Lake Lewisville Water TreatmeN Plan liquid chemical feed, in an amouN not
to exceed $57,850.
3)
Receive information regarding a Contract for Professional Legal Services with the
Law Offices of Birch & Becker, LLP., Austin, Texas.
4)
Consider approval of the Third Amendment to the Contract for Professional
Legal Services with the law firm of Dickstein, Shapiro, Morin & Oshinsky,
LLP., Washington, D.C.
Board Member Don White moved to approve items #1-4 on the Consent Agenda,
with a second from Board Member Dick Norton. The motion was approved by a
vote of 5-0.