HomeMy WebLinkAboutSeptember 6, 2005 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
September 6, 2005
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, September 6, 2005 at 4:30 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1. Receive a report, hold a discussion and give staff direction regarding the use or purchase
of City of Denton right-of-way for business expansion in the downtown business district
at the corner of Walnut and Cedar Streets.
2. Receive a report, hold a discussion and give staff direction regarding the quarterly
Development Code update and possible amendments to the Development Code.
3. Receive a report, hold a discussion and give staff direction regarding RFSP #3355,
Benefit Consultant Services.
4. Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of September 6,2005.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney under Section 551.071 and Deliberation regarding
Real Property under Section 551.072.
1. Deliberation on the purchase and value of real property for a tract of land
owned by Mayhill Denton, L.P. containing approximately 3.676 acres
located in the Gideon Walker Survey, Abstract No. 1330, in the City of
Denton, Denton County, Texas, and consultation with the City's attorneys
regarding related legal issues.
2. Deliberation regarding the value of a partial easement abandonment of that
certain public easement recorded in Vol. 4654, Page 00483 of the Real
Property Records of Denton County, Texas, and consultation with the
City's attorneys regarding legal issues related to the abandonment.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF ~551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
City of Denton City Council Agenda
September 6, 2005
Page 2
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, ~551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION ~551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
After determining that a quorum is present, the City of Denton City Council will convene in a
Regular Meeting on Tuesday, September 6, 2005 at 6:30 p.m. in the Council Chambers at City
Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMA TIONS/PRESENTA TIONS
A. Proclamations/Awards
1. Consider a Resolution of Appreciation for Herb Prouty.
B. Recognition of staff accomplishments
3. 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 - P). 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 - P below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance accepting competitive bids and awarding a
three year contract for the purchase of concrete electric distribution poles for
Denton Municipal Electric; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3361 - Three Year Agreement for Purchase of
Concrete Electric Distribution Poles to the lowest responsible bidder for each
item, Lonestar Prestress Manufacturing, Inc., in the annual estimated amount of
$118,792). The Public Utilities Board recommends approval (5-0).
B. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of traffic signals for the City of Denton Traffic
Division; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3341 - Annual Contract for Traffic Signals awarded to the
lowest responsible bidder for each item in the estimated amount of $175,000).
City of Denton City Council Agenda
September 6, 2005
Page 3
C. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of multipurpose paper for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3366 - Annual Contract for Multipurpose Paper awarded to the lowest
responsible bidder, Ricoh Corporation, in the annual estimated amount of
$30,992).
D. Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the rental of heavy equipment for various City departments; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3367 -
Rental of Heavy Equipment awarded to the lowest responsible bidder or lowest
evaluated local vendor for each item as listed in Exhibit A).
E. Consider adoption of an ordinance awarding a contract for the purchase of two
10,000 gallon above ground fuel storage tanks to the second low bidder,
Separation Systems Consultants, Inc., due to the low bidder refusing to honor a
bid for Item 1 in Ordinance No. 2005-188, dated July 19, 2005; providing for the
expenditure of funds therefor; and providing an effective date. (Bid 3343 - 10,000
Gallon Con Vault Above Ground Fuel Storage Tank for Item 1 to Separation
Systems Consultants, Inc. - $77,998). The Public Utilities Board recommends
approval (5-0).
F. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of 35, 65, and 95 gallon
refuse carts for the City of Denton Solid Waste Department by way of an
Interlocal Agreement with the City of Denton; and providing an effective date
(File 3394 - Purchase of Refuse Carts in the estimated amount of $315,000-the
amount is subject to increase depending upon customer demand). The Public
Utilities Board recommends approval (5-0).
G. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Buy Board
Cooperative Purchasing Network for the acquisition of recycling carts for the City
of Denton Solid Waste Department by way of an Interlocal Agreement with the
City of Denton; and providing an effective date (File 3395 - Purchase of
Recycling Carts awarded to Otto Industries, Inc. in the estimated amount of
$110,000). The Public Utilities Board recommends approval (5-0).
H. Consider adoption of an ordinance accepting sealed proposals and awarding a
contract for high technology procurement for the rental of approximately fifty-six
departmental monochrome copiers for the City of Denton; providing for the
expenditure of funds therefor and providing an effective date (RFP 3351 -
Convenience Copier Fleet Management Solution awarded to Technifax Office
Solutions in the estimated annual amount of $83,787.24 for a three year total of
$251,361.72).
City of Denton City Council Agenda
September 6, 2005
Page 4
I. Consider approval of tax refunds for the following property taxes:
Name Reason Tax Amount
Year
2004
4. Haxter-Fair Title/Carter, Rickey & Duplicate Payment 2004 $ 1,062.23
Jill
6. Mortgage ServicesINicosia & 77 Duplicate Payment 2004 $ 1,090.35
LP
1. Consider adoption of an ordinance of the City of Denton authorizing and ratifying
an agreement between the City of Denton, Texas and the Juneteenth Committee to
support future Juneteenth celebrations; providing for the expenditure of funds
therefor; and providing for an effective date.
K. Consider adoption of an ordinance amending the Development Review Fee
Schedule for minor amendments to planning application fees. (SI05-0017, Fee
Schedule)
L. Consider adoption of an ordinance approving a Real Estate Contract between
Mayhill Denton, L.P., as Seller and the City of Denton, Texas as Purchaser for a
Tract of Land consisting of approximately 3.676 acres located in the Gideon
Walker Survey, Abstract No. 1330 in the City of Denton, Denton County, Texas;
authorizing the expenditure of funds and providing an effective date thereof. The
Public Utilities Board recommends approval (5-0).
M. Consider adoption of an ordinance approving a Real Estate Contract between the
City of Denton, Texas and the Harriel Group, Westover Residential Company,
Ltd., and Preserve I Development, LLC. for the partial abandonment of a public
utility easement recorded in Volume 4654, Page 00483 of the Real Property
Records of Denton County, Texas and being located in the Gideon Walker
Survey, Abstract 1330; and providing an effective date (Preserve Apartments -
Shady Shores Road). The Public Utilities Board recommends approval (5-0).
N. Consider a request for an exception to the Noise Ordinance for the purpose of a
church musical revival, "One Voice, One Sound" sponsored by St. Emmanuel
Missionary Baptist Church on Sunday, September 25th in Fred Moore Park. The
exception is specifically requested for an exception of hours of operation on
Sundays for an outdoor music festival.
O. Consi der a request for an excepti on to the N oi se Ordinance for the purpose of the
8th Annual Denton Bluesfest 2005 music festival, sponsored by the Denton Black
Chamber of Commerce. The event will take place at the North Texas Fairgrounds
on Saturday, September 17, 2005, from 4:00 p.m. to 12:00 a.m. The exception is
specifically requested for an increase in the decibels to 70 and for an exception of
hours of operation for an outdoor music festival.
City of Denton City Council Agenda
September 6, 2005
Page 5
P. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager to pay the City's Annual dues to the Texas Public Power
Association; authorizing the expenditure of funds therefor; providing an effective
date. The Public Utilities Board recommends approval (5-0).
4. PUBLIC HEARINGS
A. Hold a public hearing on a proposal to adopt a tax rate of .60815 per $100
valuation, which will exceed the lower of the rollback rate or the effective tax
rate.
B. Hold a public hearing and receive citizen input on the 2005-06 proposed budget.
C. Hold a public hearing and consider adoption of an ordinance regarding an
amendment to the Detailed Plan for Planned Development 12 (PD-12) zoning
district for approximately 1.775 acres. The subject property is generally located
1,100 feet northwest of Lakeview Boulevard and 1-3 5E frontage road intersection.
The Planning and Zoning Commission recommends approval (5-1). (Z05-0007,
Classic Mazda)
D. Hold a public hearing and consider adoption of an ordinance regarding the
rezoning of approximately 11.58 acres from Neighborhood Residential 2 (NR-2)
zoning district to Neighborhood Residential 4 (NR-4) zoning district. The
property is located approximately 360 feet south of Paisley and 425 feet west of
Mack Drive and is adjacent to the southeast border of Audra. The Planning and
Zoning Commission recommends approval (7-0). (Z05-0002, Laurel Oaks)
E. Hold a public hearing and consider adoption of an ordinance regarding
amendments to the Denton Development Code and the Code of Ordinances of the
City of Denton, Texas related to amendments of Subchapter 12 (General
Requirements) related to setback requirements for swimming pools as accessory
structures. The Planning and Zoning Commission recommends approval (5-0).
(DCA05-0004, Swimming Pool Setbacks)
F. Hold a public hearing and consider adoption of an ordinance regarding
amendments to the Denton Development Code and the Code of Ordinances of the
City of Denton, Texas related to amendments to Subchapter 23 (Definitions and
Terms) of the Development Code regarding townhouses. The Planning and
Zoning Commission recommends approval (4-1). (DCA 05-0003, Definitions of
Townhouses)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution of the City Council of the City of Denton,
Texas announcing that it will vote on a tax rate at its regularly scheduled meeting
of September 20, 2005; providing for publication of notice of such vote on the tax
rate; and providing an effective date.
City of Denton City Council Agenda
September 6, 2005
Page 6
B. Consider adoption of an ordinance of the City of Denton, Texas providing for the
amendment of Ordinance No. 2004-387 which provides for the Schedule of
Miscellaneous Fees, Service Charges, Deposits, Billings and Procedures for
Administrative Services; by adding a provision that victims of family violence
who reside in Denton, Texas, who are City of Denton Utility Customers, applying
for utility service may have their deposit requirement to Denton Municipal
Utilities waived, provided that a victim of family violence presents a completed,
signed certification letter in a form approved by the City Attorney or his
designate, and that they meet the criteria specified by Texas Family Code, Section
71.004; providing for a repealer; providing for a severability clause; and
providing for an effective date. The Public Utilities Board recommends approval
( 5-0).
C. Consider appointing a nominating committee to develop a slate of appointees for
the Economic Development Partnership Board.
D. Consider nominations/appointments to the City's Boards and Commissions.
E. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
F. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
H. 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 ,2005 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 IMP AIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
DEPARTMENT:
Economic Development/Downtown Development~
CM/DCM/ACM:
Mike Conduff, 349-8306
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the use or purchase of City
of Denton right-of-way for business expansion in the downtown business district at the corner of
Walnut and Cedar Streets.
BACKGROUND
The Economic Development and Downtown Development staff have met with Eric Schmitz,
owner of 209B West Hickory, regarding the expansion of Saltwater Cafe. The proposed plan is
to build a patio area extending out from the existing entrance and back of the building into the
right-of-way at the corner of Walnut and Cedar Streets (see attached drawing).
The previous owner, Eric Hill, proposed a similar design a few years ago. Council was receptive
to Mr. Hill's request, however they asked that surrounding property owners be contacted to
determine their support or opposition of the project. Before the proposal could be brought back
to the Council, Mr. Hill sold the building to Eric Schmitz. Mr. Schmitz has indicated he would
like to proceed with the project and would like to know if the City Council is open to the
proposal. He will be required to have the property appraised and surveyed before an agreement
can be developed for City Council review and would like to understand the Council's opinion
prior to moving forward with the project.
Mr. Schmitz has contacted the surrounding property owners and submits the petition for your
review (attached). In addition, he has provided a drawing of the proposed design.
Staff requests direction from the City Council on their support or opposition of the proj ect. If
Council is supportive, staff would like to discuss the options available to the Council for
providing use of the right-of-way to Mr. Schmitz.
The City Attorney will be prepared to go into executive session should we need to discuss legal
Issues.
OPTIONS
Options for the right of way include:
. Sell the city's right-of-way to the owner
. Lease the city's right-of-way to the owner
. Create a license for use between the city and owner
FISCAL IMPACT
Unknown at this time.
1
ATTACHMENTS
1. Sketch of proposed addition
2. Petition with signatures of affected owners and merchants
3. List of merchants and owners within the affected area
4. Cedar Street Drawing from City of Denton Engineering Department
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Julie Glover
Main Street Coordinator
Respectfully sub~itted:
Linda Ratliff
Director of Economic Development
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AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
CM/DCM/ACM:
Planning and Development Department
Jon Fortune, Assistant City Manager"
DEPARTMENT:
SUBJECT: Receive a report, hold a discussion and give staff direction regarding the
Development Code Quarterly Review, Development Code amendments, and priorities.
BACKGROUND
Upon adoption of the Development Code in 2002, the City Council instituted a quarterly review
of the Code to be conducted by the Planning and Zoning Commission. Staff has tracked a
number of comments and suggestions regarding code improvements or changes that have derived
from the quarterly review forums. Further, staff has identified a number of code revisions
believed to be necessary. In some instances, Code revisions have already been implemented as a
result of staff observations and/or input from the quarterly code review forums.
On June 7, 2005, the City Council conducted a worksession to discuss the outstanding comments
from the quarterly forum and to establish a priority for implementation of necessary
changes/revisions. At that meeting, the City Council directed staff to revise the list of quarterly
forum comments and to separate them by completed and pending tasks. Further the City Council
directed staff to provide a list of the staff identified Code changes and to develop a priority and
possible schedule for completion. Finally, the City Council asked staff to develop a ranking
sheet for the City Council to prioritize code revisions and work. Staff provided the requested
information (see attachment 1) to the City Council in July.
Staff appreciates the time the City Council took to complete the ranking survey. Specifically the
City Council was asked to rank the outstanding code review comments/revisions by providing a
rating of 1 to 10 with 10 being the highest priority. An average was developed based on
individual City Council member rankings by adding the total score for each item and dividing by
the number of responses provided for that item. In most instances there were seven responses for
each item. However in a few instances, comments were provided rather than a numerical
ranking.
I have attached two versions of the results of the City Council ranking for your consideration.
Attachment 2 shows the City Council ranking of by two categories. The first category shows
your ranking of what has been defined as "Pending Code Work". These are the items that were
identified in a quarterly code review forum. The second category shows your ranking of the
"Code Amendments Recommended by Staff'. Attachment 3 shows the City Council ranking of
all comments regardless as to their origin, quarterly review forum or staff.
The purpose of this worksession discussion is to receive City Council direction on the priority
for pending Development Code amendments. Upon prioritization, a schedule will be established
to complete the outstanding items.
ATTACHMENTS
1. July 25 memo to City Council - Development Code Quarterly Review Update
2. City Council ranking by quarterly review forum comments vs. staff suggestions
3. Combined City Council ranking form
Prepared and respectfully submitted by:
~~
Kelly Carpenter, AICP
Planning and Development Director
ATIACHMENT 1
215 E. McKinney * Denton, TexIlS 76201* (940) 349-8535 * Fax (940) 349-7206
Office of Jon Fortlllfe, Assistant City MtllUlger
MEMORANDUM
DATE: July 25,2005
TO: Honorable Mayor and Members of City Council
FROM: Jon Fortune, Assistant City Manager
SUBJECT: Development Code Quarterly Review Update
The Denton City Council adopted the Development Code in February 2002. Since
adoption, the Planning and Zoning Commission has held quarterly public forums to
solicit comments on the Development Code. Staff has been tracking comments from
the quarterly forums and has attached the most current report for your review.
At the June 7, 2005 worksession, the quarterly review process and quarterly reports
were discussed, and staff sought guidance from City Council on Development Code
amendment priorities. The City Council requested that staff provide the following
items.
1. A revise list of quarterly forum comments separated by completed and
pending tasks.
Staff has recorded comments concerning the Development Code from the
quarterly forums since 2002. Staff has amended the quarterly report and has
provided a section to highlight the pending work that is yet to be finished and a
section to highlight the Development Code changes/work that have already
been completed. Further a section has been added to the report that identifies a
list of staff recommended changes to the Development Code. This information
is contained in Attachment 1.
2. Staff identification of code change priorities and possible schedule for
completion.
Attachment 2 is a chart describing staff recommended priorities and a possible
schedule to address the pending items on the quarterly review report. City
departments participating in the development review process have provided
their recommendations for needed changes to the Development Code. The
priorities reflected in Attachment 2 are based on knowledge of day-to-day
problems with the Development Code that cause interpretation or process
"Dedicated to Quality Service"
www.cltyofdenton.com
challenges. The work of preparing these Development Code amendments will
involve several departments Engineering, Legal, Parks and Planning.
3. A ranking sheet for City Council to prioritize Development Code
revisions/work.
Attachment 1 provides the City Council an opportunity to provide your priority
ranking on the development code comments/revisions. You will find a column
labeled "Your Priority" where staff proposes that:
a) Each City Council Member rank each item from 1 to 10, with 10 being
your highest priority. Use 1 for your lowest priority rankings.
b) There is no limit to the number of items you can rank with a specific
ranking. For example you can have as many items ranked 10 as your
desire.
c) In the "Your Priority" column, please use the words "no action" to
indicate items that you think do not need to be undertaken at all.
At the September 6 City Council work session, staff will report the rankings of the items
and the proposed work schedule will be discussed and finalized. If possible, I would
appreciate it if you could please return your priority ranking form to Michelle McCallum
by August 5. Please let me know if you have any questions. Thank you.
ATTACHMENT 1
Quarterly Review Report as of July 25, 2005
Pending Code Work
Your Policy Issue P&Z Status
Priority Review
Sign amendment for July 2002 No action recommended by Council when issue was
variable message originally raised in July 2002. ZBA would like to
sIgns Dec, 2003 see the entire sign code rewritten.
Front of building July 2003 Identified by several sources, including ADP's, that
parking this needs to be addressed.
Oct 2002 Staff (Utilities, Engineering & Planning) IS
Clearing and Grading Dec 2002 identifying solutions to be considered now that the
Regulations May 2003 Tree Preservation Ordinance is adopted. Nona
Muncie will establish an inter-departmental team.
Excess Parking This is an issue of drafting better standards for
Regulations excess parking as part of site design.
Issues and concerns expressed by P&Z,
Infill Development neighborhoods and development community that
existing regulations might need to be modified for
infill development.
MF Dwelling Unit Re-evaluate the definition of a dwelling unit as it
Definition July 2003 relates to student housing and the actual number of
students that occupy a development.
Park fee dedication is calculated on the basis of 1.8
persons per multi-family dwelling unit regardless of
the bedroom mix. The comment was that this is an
Park Fee Dedication July 2003 incentive for higher density developments as the
developer pays the same for a one-bedroom
apartment as they would for a 4-bedroom apartment.
In addition, this ordinance needs to be placed into
the Development Code.
Issue raised by Allen Bussell (GEES, Inc.) - request
Parking along streets Feb. 05 that parking be allowed along all streets except
arterials controlled by TxDOT.
Amend Subchapter 35.3.6 to add parking and
ZBA Variances April 05 livestock to the variances that can be granted by
ZBA.
Parking requirements April 05 Separate parking requirements should be developed
at the airport to address the uniqueness of the airport.
Page 1 of 5
Revised 7/12/05
A
Pending Code Work
Your Policy Issue P&Z Status
Priority Review
Issue raised by City Council as a result of the visual
Front Setback April 2004 impact of the Sherwin Williams on University and
Requirements the First State Bank on Carroll. This issue is also
related to parking between the building and the
street.
Location of Buildings Aug 2004 Issue raised by Sue Smith related to how close to the
next to the street. street the First State Bank is. Ms. Smith believes it
is a safety & aesthetics issue.
Special Purpose & Council addressed this issue in February 2004 and
Overlay Districts April 2004 staff was directed by Council to clarify how the
Overlay Zoning may be used.
Zero lot line July 2004 The code does not allow for "zero lot line"
developments developments.
Code Amendments Recommended by Staff
Your Policy Issue P&Z Status
Priority Review
Clarification of Accessory structures/dwellings (chapters 12, 5 and 23)
standards
Clarification of Yards and setbacks (definitions and Sub-chapter 5 and
standards General provisions in Subchapter 12)
Missing language Escrow/aid to construction enabling language for road
construction Sub-Chapter 20
Clarification Outdoor screening and storage (Chapters 12 and 13)
Clarification Other amendments to general provisions - Chapter 12
(minimum floor area and lot size clarifications)
ADP's approved Alternative development plan standards Chapter
at P and Z and 13.13.5
appeal to Council
Clarify sign cases that go to ZBA and sign cases the
Clarification go to Council as Alternative Sign Districts (Chapter
15)
Clarification Minor changes for clarification to Chapter 13.13.1
Clarification Changes to drive through requirements in Chapter 13
Clarification Clarifications to General Development Plan and
Preliminary Plat
Missing Language Language missing from 35.4.4. concerning
Development Review Committee
Page 2 of 5
Revised 7/12/05
Code Amendments Recommended by Staff
Your Policy Issue P&Z Status
Priority Review
Exemptions for single family and exemption from tree
Clarification preservation but not tree removal permit
(35.13.7.A.2.c)
There are definitions in Chapter 23 which contain
standards or other language that should be removed
Definitions from definitions and put in the appropriate location.
(For example, see Dwelling, Accessory where
direction for measuring density is included in the
definition.)
Clarifications Replat
Standards Chapter 35.20 (transportation improvements)
Additions Chapter 13 Design Standards for Dumpsters
Clarifications Meshing "Old Code" (CH 34 and 35) with "New
Code"
Clarifications Chapter 21 Water and Wastewater (subdivisions)
(e.g., 35.21.1., 35.21. 3.2, 35.21.3.3, etc.)
Clarifications Definitions, Private Club: clarify old regulations and
new ones on alcohol
Page 3 of 5
Revised 7/12/05
Page 4 of 5
Revised 7/12/05
Page 5 of 5
Revised 7/12/05
7/29/2005
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AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT: Fiscal Operations
Questions concerning this
report may be directed to
Scott Payne, 349-7836
ACM: Kathy DuBose
,.
SUBJECT
Receive a report, hold a discussion and give staff direction regarding Request For Sealed
Proposal (RFSP) #3355, Benefit Consultant Services.
BACKGROUND
The City of Denton has utilized the services of a consultant for our various employee and retiree
benefits since the early 1990's. These benefits include health, dental, vision, life, supplemental
life, accidental death and dismemberment (AD&D) as well as short and long term disability.
The City initially contracted with Foster Higgins Insurance, Actuary and Consulting Services
who later merged with Mercer in FY 97/98. Our cost with Mercer was $5.00 per employee per
month not to exceed $70,000 per year. We began working with our current consultant, McGriff,
Seibels and Williams in July of 2002 at an annual cost of $48,500.
As directed by Council, the City of Denton submitted RFSP #3355 to the market place on June
14, 2005, with a due date of July 15, 2005. The following firms provided responses to RFSP
#3355:
Grizzaffi Darby
Holmes Murphy
McGriff, Seibels and Williams
Rael & Letson Disqualified (did not supply Addendum #1 Acknowledgement Form)
RWL Group
Segal- Disqualified (did not supply Addendum #1 Acknowledgement Form)
Smith & Associates
The attached report provides greater details regarding the respondents, the overall RFSP review
process, and staff s recommendation.
FISCAL INFORMATION
Funds for the Benefits Consultant are budgeted in the FY 05/06 budget in 911001.7854.
Agenda Information Sheet
September 6, 2005
Page 2
EXHIBITS
Attachment 1 - Evaluation of Benefits Consultant RFSP #3355
Attachment 2 - Letter from Employee Insurance Committee (EIC)
Attachment 3 - Copy ofRFSP #3355
Diana G. Ortiz
Director of Fiscal Operations
Attachment 1 - Evaluation of Benefits Consultant RFSP #3355
Review Team
The qualified responses were evaluated by a Review Team approved by the City
Manager. The Review Team consisted of:
. Amanda Green, Parks Program Area Manager and Chairperson of the Employee
Insurance Committee (EIC)
. Katherine Barnett, Utility Communications & Special Projects Coordinator and a
member of the EIC
. Tom Shaw, Purchasing Agent
. Carol Plant, Health Benefits Administrator
. Scott Payne, Risk Manager
. Diana Ortiz, Director of Fiscal Operations
Evaluation
The Evaluation Team evaluated the five responsive respondents and eliminated RWL
Group and Smith & Associates. The remaining three respondents were evaluated based
on the following weights, as set forth in the RFSP:
40% - Capability of Proposer to provide the services outlined in Section III
20% - Experience (Municipal Preferred and/or 1200+ Employees)
10% - References for Clients (Municipal Preferred)
20% - Cost of Services
10% - Response to Supplemental Questionnaire and Miscellaneous Provisions
Additionally, the Review Team conducted in-person interviews with the remaining three
respondents. The interview was limited to 30 minutes for each group.
The below table illustrates the total points and average points assigned by the Review
Team to each respondent based on their responses to the RFSP and their interview:
ResDondent Total Points A vera!!e Points
McGriff, Seibels & Williams 518 86.33
Holmes Murphy 474 79.00
Grizzaffi Darby 394 65.67
RWL Group NR NR
Smith & Assoc. NR NR
Rael & Letson DQ DQ
Segal DQ DQ
NR = Not Reviewed
DQ = Disqualified
1
Pros and Cons of Top Three
The below information details the pros and the cons of the top three respondents:
McGriff. Seibels and Williams (MSW)
Pros:
. As the incumbent, MSW has a proven track record of successful performance for
the City of Denton:
o For the plan year beginning January 2004, MSW successfully transitioned
the City's health plan from Cigna to United Healthcare, resulting in
greater benefits for employees, retirees and dependents and saving the
City approximately $700,000.
o For the plan year beginning January 2005, MSW successfully negotiated a
renewal with United Healthcare saving the City approximately $600,000.
o Worked with the City and the EIC to develop the plan design changes that
will go into effect January 2006. The plan design changes and MSW's
negotiations could save the City approximately $1,670,000 in 2006.
. MSW is the 6th largest consulting/brokerage firm in the US and the ih largest in
the world.
. 100 year history of insurance service as a company
. Approximately 18 public entity clients representing 32,000 employees, including
Bexar County, City of Garland, City of Grand Prairie, City of Harlingen, City of
Mesquite, City of San Marcos, City ofLewisville, and Collin County.
. Represent approximately 8,500 covered lives placed with United Healthcare, the
City's current health insurance company.
. Gold level status with United Healthcare.
. Currently participates in various professional organizations for public entItIes
including Texas Chapter Public Risk Management Association (PRIMA), State
and Local Government Benefits Association (SALGBA) and Texas Municipal
Human Resources Association (TMHRA).
. Account representative holds Life and Health Counselor License.
Cons:
. Current account team has only been involved with the City's account since March
of2005.
. Fee ($48,500) slightly higher than Grizzaffi Darby's proposed fee, but still not an
. .
Increase over prIor years.
. Less lives placed with United Healthcare than Holmes Murphy.
. Does not serve on the National Advisory Board of any insurance companies.
2
Holmes Murphv (HM)
Pros:
. One account executive (Preston Pomykal) was the City's account executive with
MSW prior to March of 2005.
. 70+ year history of insurance service as a company.
. Provides in-house actuarial, legal and benefit communication teams.
. Represents approximately 110,000 covered lives placed with United Healthcare.
. 80% of total annual revenue comes from clients with 500 or more employees.
. Currently participates in various professional organizations for public entities
including Texas Chapter Public Risk Management Association (PRIMA), State
and Local Government Benefits Association (SALGBA) and Texas Municipal
Human Resources Association (TMHRA) as well as the Society for Human
Resource Management (SHRM).
. Platinum Level status with United Healthcare.
. The President of the Dallas office was an inaugural member of and continues to
serve on the National Advisory Council for United Healthcare. Additionally, HM
personnel also serve on the National Advisory Councils for Aetna and Cigna.
. Aggressively growing their public entity book of business with current clients of
City of North Richland Hills, City of Round Rock, City of Waco, Jefferson
County, City of Pampa, and the City of Brenham.
Cons:
. No proven track record with proposed account team.
. Former MSW employee, Preston Pomykal, is prohibited from working with the
City of Denton until February of 2007 due to a non-compete clause.
. Proposed account team to be assigned to the City of Denton does not have as
much public entity experience as MSW team.
. HM is involved in a legal dispute with MSW over two former employees now
working with HM.
. Fee ($48,500) slightly higher than Grizzaffi Darby's proposed fee, but still not an
. .
Increase over prIor years.
GrizzatJi Darbv (GD)
Pros:
. Locally owned and operated company since 1996.
. Voted one of the Top 15 Places to Work in DFW.
. Named as one of the Top 100 Fastest Growing Businesses in DFW.
. Currently serves on the National Advisory Boards for BlueCross BlueShield of
Texas, GE (Genworth), Great West, Guardian, Humana, PacifiCare, United
Healthcare and UnumProvident.
. Lower annual fee ($45,000) than MSW and HM.
. Gold level status with United Healthcare.
. Represent approximately 8,300 covered lives placed with United Healthcare.
3
. Relationships and interaction with local healthcare providers.
. Account representatives hold Life and Health Counselor License.
Cons:
. No proven track record with the City of Denton.
. Limited public entity experience with only the City of Corinth (127 employees)
and Lamar County (185 employees) as public entity clients.
. Limited experience with large employer groups (500 or greater employees).
. Less lives placed with United Healthcare than Holmes Murphy or MSW.
. Does not participate in professional organizations for public entities such as
PRIMA, SALGBA or TMHRA.
. 9-year history of insurance service as a company.
Recommendation
Based on the evaluation of the Review Team, the proposal of McGriff, Seibels and
Williams ranked the highest in accordance with the criteria set forth in the RFSP.
4
CITY OF DENTON. TEXAS
321 E. McKINNEY, DENTON. TEXAS 76201
Memorandum
To: Mike Conduff, City Manager
From: Amanda Green, Employee Insurance Committee Chair ~
Date: August 19, 2005
Re: Employee Insurance Committee (EIC) Recommendation for Benefit Consultant Services
The purpose of the City's RSFP was to select a firm that can provide the City with innovative options
and cost analysis as we further expand our efforts to reduce the ever increasing cost of insurance.
The City received five responses to RSFP 3355 - Benefit Consultant Services for the City's insurance
plan. The proposals were carefully evaluated by a City team that included representatives from the
following departments: Risk Management (2), Purchasing (1), Utilities AdministrationlElC member (1),
Finance (1), and Parks and RecreationlEIC Chair (1). The proposals were evaluated on the following
criterion and weighted percentages:
Capability of Proposer to provide services as outlined - 400,/0
Experience (Municipal Preferred and/or 1200+ Employees) - 20%
References from Clients (Municipal Preferred) - 10%
Cost of Services - 20%
Response to Supplemental Questionnaire and Miscellaneous Provisions - 10%
After an initial review of the proposals the top three candidates were asked to make a brief presentation
to the panel. Each candidate was given 25 minutes to discuss the following topics:
Why they should be selected (10 min)
Top two trends in insurance industry (10 min)
Questions and answers (5 min)
www.citvofdenton.com
ADA I EOE I ADEA TDD: (800) 735-2989
Based on this extensive screening process McGriff Seibels and Williams (MSW) was the unanimous
first ranked candidate. MSW has a proven track record of providing innovative options and cost
reduction analysis to the City of Denton. Their market presence and ability to negotiate insurance costs
far outweighed that of the other candidates. MSW brings a wider breadth of experience representing
large client groups and municipalities as compared to the other two candidates. They currently represent
13 municipalities in Texas and many more nationally; the other two candidates represent five
municipalities and one municipality, respectively.
During our last meeting, I shared the results of the screening process with the EIC and the Committee
asked that I make a formal recommendation to you. Changes in the insurance industry and the need for
significant changes in the employee health insurance program demand a partnership with a firm that is
capable of providing the best service. The Employee Insurance Committee recommends that the City of
Denton select McGriff Seibels and Williams as the City's Benefit Consultant.
If you have any questions please contact my office at 349-8382.
www.citvofdenton.com
ADA I EOE I ADEA TDD: (800) 735-2989
CITY OF DENTON
Request for Sealed Proposal
RFSP # 3355
Benefit Consultant Services
RFP Opening Date: July 14, 2005
Prepared by: Risk Management
RFSP 3355
&l
CITY OF DENTON
REQUEST FOR SEALED PROPOSAL FOR BENEFIT CONSULTANT SERVICES
TABLE OF CONTENTS
Background and General Information
Section I
Special Instructions
Section II
Proposal Guidelines
Section III
Supplemental Questionnaire
Section IV
Miscellaneous Provisions
Section V
City of Denton Schedule of Benefits
Section VI
RFSP 3355
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Background & General Information
SECTION I
Background
The City of Denton (the City) is requesting your proposal to provide Benefit Consultant Services for the
City's total insurance plan. The effective date will be October 1, 2005
The City currently provides or offers employees the following insurance coverage: a fully insured PPO
medical plan, a PPO dental plan, a PPO vision plan, Life/ AD&D insurance, supplemental life insurance,
and short-term and long-term disability. The City currently pays the cost of PPO employee only
coverage on all eligible employees, basic Life/ AD&D, and long-term disability.
The City of Denton is a city of 90,167 (based on 2000 census data and assuming a 5% annual rate of
growth) residents and was incorporated in 1866. Denton is located approximately 40 miles north of
Dallas and Fort Worth. It sits at the apex of a triangle that encompasses the Dallas-Fort Worth
metropolitan area. Although it benefits from the forward thrust and continuous expansion of the largest
Consolidated Metropolitan Statistical Area in the state, Denton and its economy stand proudly
independent.
The City of Denton has a work force of approximately 1120 employees. The City has had an effective
safety and risk management program since 1970, an active Wellness Program since 1990, and an insured
employee assistance program (EAP) since 1998. Additionally, the City has an Employee Insurance
Committee (EIC) representing all departments, providing education and feedback as well as
recommendations to City Management and City Council.
In general, Denton is a full-service city that provides law enforcement, fire safety, paramedics/rescue,
refuse collection, sanitary landfill, electric distribution and transmission, water, wastewater, storm sewer,
animal control, parks/recreation, library and airport services. The City has two full-service, private
hospitals and several private rest homes.
Two major universities-University of North Texas and Texas Woman's University-along with a fully
accredited public school system, allow local citizens every educational advantage possible and a rich
blend of cultures.
The City runs its insurance program on a January 1 plan year. However, the City is in the process of
changing to an October 1 plan year to coincide with the City's fiscal year. This transition should be
complete October 1, 2006.
RFSP 3355
1
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General Information
1. All proposals are required to be signed by an authorized representative of the entity
submitting the proposal. Proposals received unsigned will not be considered.
2. The proposer shall not sell, assign, transfer or convey any contract resulting from this proposal,
in whole or part, without the prior written consent from the City. Such consent shall not relieve
the assigned of liability in the event of default by the assignee.
3. Any ambiguity in the proposal as a result of omission, error, lack of clarity or non-compliance
by the proposer with specifications, instructions and all conditions shall be construed in the
favor of the city.
4. No oral statement of any person shall modify or otherwise change, or affect the terms,
conditions or specifications stated in the resulting contract. All change orders to the contract
will be made in writing and shall not be effective unless signed by an authorized representative
of the City.
5. The City shall have the right to modify this order subject to an adjustment in the price in
accordance with the applicable provisions of the purchase order, if any, or pursuant to mutual
agreements. No agreement or understanding to modify this order shall be binding on the City
unless it is in writing and signed by an authorized representative of the City.
6. The City reserves the right to require additional technical and pricing information and negotiate
all elements, which comprise the Vendor's proposal to ensure that the best possible
consideration is afforded to all concerned. The City reserves the right to accept all or part of
any proposal, to reject any or all proposals, and to re-solicit for proposals.
7. The City reserves the right to schedule interviews, as well as on-site visits, as deemed necessary
to make a final selection.
8. All prices quoted by the proposer will remain firm for a minimum of ninety (90) days from the
date of the proposal unless otherwise specified by the City or proposer.
9. Although every effort has been made to provide accurate and up-to-date information,
companies supplying quotations should contact the Purchasing Agent for any questions that you
might have.
RFSP 3355
2
&l
Special Instructions
SECTION II
Instructions: These instructions apply to all proposals and become a part of the terms and conditions
of any proposal submitted unless a vendor takes specific exception in writing when submitting
proposals.
The City shall mean the City of Denton, Texas.
Format: Proposals should be submitted in an easily understandable format with sections clearly
defined.
Proposal Returns: One original and three copies of proposals must be sealed in an envelope clearly
marked on the outside with RFSP 3355 and addressed to:
City of Denton
ATTN: Tom Shaw
Purchasing Department
901-B Texas Street
Denton, Texas 76209
Late Proposals: Proposals must be in the purchasing office prior to the closing date and time, which
is 2:00 p.m. on Thursday, July 14,2005. Proposals received after the specified time and date will
not be considered. The City is not responsible for unmarked or improperly marked proposals. The
City is not responsible for proposals delivered after the scheduled deadline due to the external or
internal mail system. The time and date recorded in the Purchasing Office shall be the official time
of recei pt.
Facsimile Proposals: The City will not accept fax proposals.
Acceptance: The right is reserved to accept or reject any or all of the proposals submitted, waive
minor technicalities, and accept the offer most advantageous to the City. The City accepts no
financial responsibility for any costs incurred by any proposer in the course of responding to these
specifications.
Authorized Signature: By signing and executing this proposal, the vendor certifies and represents to
the City that the vendor has not offered, conferred, or agreed to confer any pecuniary benefit or other
thing of value for the receipt of special treatment, advantage, information, recipient's decision,
opinion, recommendation, vote, or any other exercise of discretion concerning this proposal.
Proposals must show vendor name and address and be manually signed. Failure to do so will
disqualify proposal. The person signing the proposal must show title or authority to bind his firm in
a contract.
Negotiation: The City reserves the right to negotiate once proposals are received.
Taxes: The City is exempt from federal excise, state sales, and transportation taxes. Taxes must
RFSP 3355
3
&l
not be included in the proposal. Tax exemption certificates will be executed by the Purchasing
Agent upon request.
Proposal Evaluation: The proposals will be evaluated on the factors outlined below which shall be
applied to all eligible, responsive proposals in selecting the successful offeror. Award of such a
contract may be made without discussion with proposers after responses are received. Proposals
should, therefore, be submitted on the most favorable terms. The City reserves the right to void the
contract if the successful proposer cannot perform services specified by the proposer's response.
Proposal Evaluation Criteria will be grouped into percentage factors as follows:
. 40% - Capability of Proposer to provide services outlined in Section III
. 20% - Experience (Municipal Preferred and/or 1200 + Employees)
. 10% - References from Clients (Municipal Preferred)
. 20% - Cost of Services
. 10% - Response to Supplemental Questionnaire and Miscellaneous Provisions
A2ent of Record: No commissions or other forms of compensation of any type may be included
in your pricing. The City will not recognize or name any Agent of Record.
Length of Contract: All responses to this RFP shall be for a two-year (2) agreement between the
City and the provider. Please provide a two-year (2) initial rate guarantee, with the option to
renew for two successive twelve-month agreements. Any changes to the scope of services provided
under this contract that may result in changes to the terms, conditions, and fees can be redefined and
negotiated after the first year. In that event, any negotiated items must be placed in writing and
provided as an amendment to the contract. All proposers must agree to fully warrant and guarantee
all information in its response.
Termination For Default: The City of Denton reserves the right to enforce the performance of this
contract in any manner prescribed by law or deemed to be in the best interest of the City in the event
of breach or default of this contract. The City reserves the right to terminate the contract
immediately in the event the successful proposer fails to:
. provide services specified
. otherwise perform in accordance with the accepted proposal
Breach of contract or default authorizes the City to award to another proposer and charge the full
increase in cost to the defaulting proposer.
Confidentiality: All information contained in the proposal is available to the public, if requested.
Any information considered confidential by the propsoer should be submitted with the proposal in a
separate envelope clearly marked "Confidential." Note: Proposer should provide an explanation for
all items considered confidential, giving as much information as possible.
RFSP 3355
4
&l
Contact
Questions about this Request for Proposal and the selection process must be directed in writing to:
Carol L. Plant, PHR
City of Denton Risk Management
215 E. McKinney
Denton, TX 76201
Telephone: (940) 349-8388
Fax: (940) 349-7803
With copies to:
Tom D. Shaw, C.P.M.
Purchasing Department
901-B Texas Street
Denton, TX 76209
Telephone: (940) 349-7100
Fax: (940) 349-7302
All questions received and the corresponding answers will be distributed to all proposers. No
information will be given over the vhone.
Timetable
Release RFSP 3355
Receive and open proposals
Interview Finalists, if necessary
City Council Presentation
Effective Date
06/14/2005
07/14/2005
week of 08/01/2005
09/06/2005
10/01/2005
Deadline for Ouestions
The deadline for questions about this proposal will be 5:00 pm, Friday, July 1, 2005.
The City will not respond to questions after this time and date. Responses to questions will be
mailed to all proposers no later than, Thursday, July 7, 2005.
Deadline
We must receive your responses to this Request for Sealed Proposal by 2:00 p.m. on Thursday, July
14,2005. Proposals received after this time and date will not be considered.
RFSP 3355
5
&l
Proposal Guidelines for Insurance Consultant Services
SECTION III
Outline of Expected Services
I. Evaluate the current programs and provide Written Analysis within 30 days of receipt of
necessary data.
A. Assist the City in creating and maintaining a competitive (cost & plan design) benefit
program, and in doing so, provide benchmark data from like entities
B. Review of Benefit Design
C. Review of Benefit Utilization
D. Claims analysis including review of large claims
E. Review of benefits cost for employees, retirees and the City
F. Provide funding analysis, financial underwriting, including renewal analysis and
negotiation, budget projections, and quarterly reporting of plan's financial performance
G. Evaluate plan design annually, or as required, in light of labor market conditions, cost
trends, delivery systems and legal requirements
H. Annually analyze, compare and review fully insured vs. self insured plans/ options
I. Develop a strategy to transition to a self-funded plan, if required
J. Review of current carriers' performance
K. Assist in developing long-term strategies and future or proposed benefit plans
L. Assist in developing long-term strategies and future for City's Retiree benefits
M. Obtain necessary monthly, quarterly and annual reports and data from carriers in a
timely manner
N. Assist in the monitoring of vendors' quality of service and institute quality standards
with penalties for poor performance
O. Provide information/ education/ training to City staff related to benefit implementation
and administration when requested
II. Develop Renewal Strategy
A. Conduct annual strategic planning meetings to establish goals, priorities, and identify
areas of concern.
B. Provide plan design recommendation, with estimated cost implications, for benefit
modifications
C. Develop a strategy and assist in the transition to an October 1 plan year
D. Projected Funding requirements and funding level analysis/ development
E. Negotiate with carriers to obtain favorable renewals
III. Coordinate Proposal Process
A. Collect and organize the information required to obtain competitive bids
B. Respond to questions, clarification and requests for additional information of the bid
specifications
C. Review, evaluate and summarize various benefit options of the competitive proposals
D. Review the policies to make sure they are consistent with the bid response
E. Meet with proposed carriers regarding contract negotiations, implementation, and other
bid requirements
IV.
RFSP 3355
Assist in the implementation of the Benefit Program
6
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A. Develop transition plan
B. Assist in establishing administrative procedures
C. Prepare communication plan and City Benefit Booklet
D. Work with carrier/administrators coordinating the enrollment process of all related
plans
E. Advise and make recommendations regarding on-line open enrollment and electronic
communication capabilities
V. Administration of Employee Benefits Program
A. Keep City advised on new developments involving employee benefit plans
B. Act as liaison between City and carriers
C. Assist in the timely resolution of claims problems
D. Assist in the timely resolution of billing issues
E. Assist City Staff in development of multi-media educational programs and
presentations, as well as provide support in the preparation of reports and presentations
to City Management and Council
F. Meet monthly with City Employee Insurance Committee (EIC) regarding current issues
G. Appear at City Council Meetings and other necessary meetings as required
H. Assist the City with compliance in the areas of COBRA/HIP AA and other benefits
related legislation and legal requirements, as well as act as a technical resource to include
timely periodic updates on legislative developments, emerging trends, and insurers'
status
I. Provide COBRA administration services and/or access to contractual services for
COBRA administration and/ or similar programs
J. Monitor the prospective markets and changes, which may affect the City of Denton
benefit plans.
K. Provide research materials on various topics, as requested
NOTE: By responding to this RFSP, the Proposer agrees to comply with the above Scope of
Services. If you are unable to provide/perform any service, please list that service and
provide and explanation. In section C (following), you will have the opportunity to
give details of your firm's performance of the Scope of Services.
The information submitted shall be divided into tabbed, marked sections and shall include, but
not limited to, information for each of the following:
A. FIRM OVERVIEW: Proposer is requested to define the overall structure of the Firm to
include the following:
1. A descriptive background of Proposer's history
2. State its principal business location and any other service locations, including the
primary office servicing the City
3. State its primary line of business
4. State how long it has been providing services as described herein
5. State how many states other than Texas, where services are in use
RFSP 3355
7
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B. PROPOSED PROJECT TEAM, STAFF QUALIFICATIONS, EXPERIENCE, AND
CREDENTIALS: Proposer is requested to address services offered by their company to
include, but not necessarily limited to, those required services as stated above.
1. Proposer is requested to state the organization's experience, experience of the
staff, and technical experience in providing these types of services
2. State level of organizational responsibility of key project staff members
3. Proposer is requested to include certifications held by Proposer's personnel
4. As the City assigns individual projects, successful Proposer shall identify
personnel assigned to each specific project requirement
5. Please describe what sets your company apart from other consulting firms
C. SCOPE OF SERVICES: As indicated above, please include a detailed explanation of
services offered, as they relate to the City's "Outline of Expected Services" provided herein,
and your recommended approach to addressing the City's needs. Please provide reasonable
estimates of the cost to the City on a monthly and/or annual basis. Please include any
services offered that may be above and beyond the Outline of Expected Services indicated
by the City.
D. REFERENCES: Proposer is requested to provide with the Request for Proposals a list of at
least five (5) references where like services or their firm has performed similar projects.
Include name of the client, address, telephone number and name of representative. In
addition, please include all municipalities or other public entities (and number of employees)
served by your firm.
E. FEE SCHEDULE: Proposer is requested to provide (1) the cost of services, (2) explain the
basis for the above fee and any subsequent annual fees, and (3) identify ad hoc services your
company provides and the cost for these services. The City will not recognize or name an
Agent of Record. No commissions or other forms of compensation of any type may be
included in your pricing. Pricing must be on a flat fee basis, with full disclosure of all
fees, including any which may deviate from the flat fee schedule.
F. SUPPORTING MATERIALS : Various questions included in this Request for Proposals will
be used in making a selection and should be addressed by section and number. Proposer is
requested to submit information requested, one (1) original and two (2) copies of descriptive
literature sufficient in detail to enable an intelligent comparison of services.
G. FINANCIAL STATEMENTS: Proposer is requested to submit recent financial statements
with this Request for Proposal. Audited financial statements are not mandatory. Unaudited
financial statements will be accepted. If Proposer's firm does, however, have audited
financial statements, please include a copy with the response to the RFP. Financial
statements must show the name and address of the firm preparing the financial statements
and the date thereof.
RFSP 3355
Supplemental Questionnaire
8
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SECTION IV
1. Describe how your firm establishes and monitors performance criteria for all vendors,
carriers and contracts.
2. Describe your firm's marketplace leverage in negotiating with carriers in regard to rates,
policy terms and plan design.
3. Provide information on litigation pertaining to your role as a benefit consultant over the
last three (3) years.
4. Provide information on client turnover for your firm's benefit consulting division over
the past three (3) years.
5. Provide information on any National, State or local associations to which your company
belongs.
6. Discuss your technological abilities to provide communication in various forms (i.e.,
web sites, printed materials, enrollment, etc.).
7. Are there any restrictions or pending reviews by Federal or State authorities for non-
compliance with Federal or State regulations? If yes, please explain.
8. Has any party brought legal action against the organization during the past three (3)
years? If yes, please explain.
9. Have you made any claims against the City in the past three (3) years? If yes, what was
the outcome/status?
RFSP 3355
Miscellaneous Provisions
9
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SECTION V
1. Contract Performance: Please confirm that no termination of engagements for
insurance consultant services have occurred due to the non-performance, poor
performance or other misfeasance in the last 10 years.
2. Conflict ofInterest Statement: Please provide a statement that there is no and will
be no conflict of interest in your serving as Benefits Consultant to the City of
Denton.
3. Ethics and Interest in a Public Contract: Please confirm that there is no
relationship of consanguinity between the principals of your firm and any City
Council Member or City official or employee that would result in that member or
employee having an interest in a public contract or otherwise violate the states
ethics or public contracting laws.
4. EEO Statement: Please provide a statement describing your firm's equal
employment opportunity policy.
RFSP 3355
10
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AGENDA INFORMATION SHEET
AGENDA DATE: September 6,2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
ACM:
Kathy DuBose
II
SUBJECT
Consider adoption of an Ordinance accepting competItIve bids and awarding a three year
contract for the purchase of concrete electric distribution poles for Denton Municipal Electric;
providing for the expenditure of funds therefor; and providing an effective date (Bid 3361- Three
Year Agreement for Purchase of Concrete Electric Distribution Poles to the lowest responsible
bidder for each item, Lonestar Prestress Manufacturing, Inc., in the annual estimated amount of
$118,792). (The Public Utility Board approved this item by a vote of 5-0).
BID INFORMATION
This bid is for the annual contract to supply concrete utility poles with exposed river rock
aggregate. Denton Municipal Electric (DME) will utilize these items in the maintenance and
construction of the electric distribution system. The current Capital Improvement Program
includes projects that require installation of concrete utility poles
Concrete utility poles are utilized by DME in locations where aesthetically pleasing appearance
is required for supporting overhead electric facilities. Concrete poles require no maintenance
and have an estimated life of more than fifty years as compared to thirty years for wood poles.
Concrete poles do not require painting, will not rust, are impervious to sunlight, chemicals,
insects and animals and they do not require ground-line treatments. Concrete poles are designed
to set directly in the ground similar to wood poles.
Recent projects where DME installed concrete distribution poles were on the Loop 288 project,
US 77 project and along Hickory Creek Road.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its August 22, 2005 meeting.
RECOMMENDA TION
Award to the lowest responsible bidder, Lonestar Prestress Manufacturing, Inc., as listed on the
attached ordinance Exhibit A.
Agenda Information Sheet
September 6, 2005
Page 2
PRINCIPAL PLACE OF BUSINESS
Lonestar Prestress Manufacturing, Inc.
ESTIMA TED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of three years from the date of award and may
be extended for additional one-year periods if agreed to by both parties with all pricing, terms
and conditions remaining the same.
FISCAL INFORMATION
As items are ordered, they will be charged to the appropriate work order or budget account
number.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
I.AIS.Bid 3361
Attachment 1
BID # 3361
BID OPENING DATE: JULY 26, 2005
THREE-YEAR AGREEMENT FOR CONCRETE ELECTRIC DISTRIBUTION POLES
~
Lonestar Graybar
Prestress Mfg., TEC US&S
Inc. Electric
Principle Place of Business: Houston, TX Decatur, TX Fort Worth, TX
SERVICE POLE
Pole, Concrete, Service, 30 ft., 57. 7k ft-Ibs
1 10 EA min. GL moment 2508 Ibs. Minimum $655,00 $1,220,00 $674,00
Breaking Load 2 ft. Below Tip
Catalog #: 303302-4 Gray E-300-GPR-EGS- 303304-4
303304-4 SlB E90
LIGHT DUTY POLE
Pole, Concrete, Light Duty, 35 ft., 67.8k ft-
2 1 EA Ibs min. GL moment 2465 Ibs. Minimum 737,00 1,408,00 $759,00
Breaking Load 2 ft. Below Tip
Catalog #: 353302-4 Gray E-350-GPR-EGS- 353304-4
353304-4 SlB E90
Pole, Concrete, Light Duty, 40 ft., 78.6k ft-
3 10 EA Ibs min. GL moment 2456 Ibs. Minimum 840,00 1,652,00 $865,00
Breaking Load 2 ft. Below Tip
Catalog #: 403302-4 Gray E-400-GPR-EGS- 403304-4
403304-4 SlB E90
Pole, Concrete, Light Duty, 45 ft., 90.4k ft-
4 15 EA Ibs min. GL moment 2476 Ibs. Minimum 963,00 1,868,00 $991. 00
Breaking Load 2 ft. Below Tip
Catalog #: 453302-4 Gray E-450-GPR-EGS- 453304-4
453304-4 SlB E90
Pole, Concrete, Light Duty, 50 ft., 102. 5k ft
5 5 EA Ibs min. GL moment 2500 Ibs. Minimum $1,138,00 $2,093,00 $1,172.00
Breaking Load 2 ft. Below Tip
Catalog #: 503302-4 Gray E-500-GPR-EGS- 503304-4
503304-4 SJB E90
Pole, Concrete, Light Duty, 55 ft., 145.1k ft
6 1 EA Ibs min. GL moment 31891bs. Minimum $1,425,00 $2,385,00 $1,467,00
Breaking Load 2 ft. Below Tip
Catalog #: 553302-8 Gray E-550-HPR-EGS 553304-8
553304-8 SJB E90
HEAVY DUTY POLE
Pole, Concrete, Heavy Duty, 35 ft., 115.3k
7 1 EA ft-Ibs min. GL moment 41921bs. 895,00 1,573,00 $921.00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 354302-8 Gray E-350-JPR-EGS- 354304-8
354304-8 SJB E90
Pole, Concrete, Heavy Duty, 40 ft., 131.8k
8 4 EA ft-Ibs min. GL moment 4118 Ibs. 1,030,00 1,784,00 $1,060,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 404302-8 E-400-JPR-EGS- 404304-8
404304-8 E90
Pole, Concrete, Heavy Duty, 45 ft., 149.4k
9 20 EA ft-Ibs min. GL moment 4093 Ibs. 1,183,00 1,999,00 $1,218,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 454302-8 Gray E-450-JPR-EGS- 454304-8
454304-8 SJB E90
Pole, Concrete, Heavy Duty, 50 ft., 169.2k
10 25 EA ft-Ibs min. GL moment 4126 Ibs. 1,400,00 2,205,00 $1,442,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 504302-8 Gray E-500-JPR-EGS- 504304-8
504304-8 SJB E90
Pole, Concrete, Heavy Duty, 55 ft., 188.4k
11 10 EA ft-Ibs min. GL moment 4140 Ibs. 1,600,00 2,476,00 $1,648,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 554302-8 Gray E-550-JPR-EGS- 554304-8
554304-8 SJB E90
Pole, Concrete, Heavy Duty, 60 ft., 205.9k
12 1 EA ft-Ibs min. GL moment 4118 Ibs. 1,870,00 2,712,00 $1,926,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 604302-8 Gray E-600-JPR-EGS- 604304-8
604304-8 SJB E90
TOTAL $118,792.00 $202,284.00 $122,318.00
Manufacturer quoted: Lonestar Stresscrete, Inc. Lonestar
Prestress Prestress
Price Adder for each additional 11j16" hole
for poles that requires more than 22 $3.25 $0.00 $3.35
factory holes per pole
Participate in Cooperative Purchasing Yes Yes N/A
Program? YES or NO
Delivery can be made within_ 28 - 42 30 4 weeks
days of receipt of order.
*Bid will be evaluated on total annual option two costs.
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR
CONTRACT FOR THE PURCHASE OF CONCRETE ELECTRIC DISTRIBUTION POLES FOR
DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3361-THREE YEAR
AGREEMENT FOR PURCHASE OF CONCRETE ELECTRIC DISTRIBUTION POLES TO THE
LOWEST RESPONSIBLE BIDDER FOR EACH ITEM, LONES TAR PRESTRESS
MANUFACTURING, INC., IN THE ANNUAL ESTIMATED AMOUNT OF $118,792).
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 therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered 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
ITEM
NO
VENDOR
AMOUNT
3361
1-12
Lonestar Prestress, Mfg.
Exhibit A
SECTION 2. 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 pur-
chase 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. ~
3-0RD-BID 3361
Exhibit A
BID # 3361
BID OPENING DATE: JULY 26, 2005
THREE-YEAR AGREEMENT FOR CONCRETE ELECTRIC DISTRIBUTION POLES
~
Lonestar
Prestress Mfg.,
Inc.
Principle Place of Business: Houston, TX
SERVICE POLE
Pole, Concrete, Service, 30 ft., 57. 7k ft-Ibs
1 10 EA min. GL moment 2508 Ibs. Minimum $655,00
Breaking Load 2 ft. Below Tip
Catalog #: 303302-4 Gray
303304-4SlB
LIGHT DUTY POLE
Pole, Concrete, Light Duty, 35 ft., 67.8k ft-
2 1 EA Ibs min. GL moment 2465 Ibs. Minimum 737,00
Breaking Load 2 ft. Below Tip
Catalog #: 353302-4 Gray
353304-4SlB
Pole, Concrete, Light Duty, 40 ft., 78.6k ft-
3 10 EA Ibs min. GL moment 2456 Ibs. Minimum 840,00
Breaking Load 2 ft. Below Tip
Catalog #: 403302-4 Gray
403304-4SlB
Pole, Concrete, Light Duty, 45 ft., 90.4k ft-
4 15 EA Ibs min. GL moment 2476 Ibs. Minimum 963,00
Breaking Load 2 ft. Below Tip
Catalog #: 453302-4 Gray
453304-4SlB
Pole, Concrete, Light Duty, 50 ft., 102. 5k ft
5 5 EA Ibs min. GL moment 2500 Ibs. Minimum $1,138,00
Breaking Load 2 ft. Below Tip
Catalog #: 503302-4 Gray
503304-4 SJB
Pole, Concrete, Light Duty, 55 ft., 145.1k ft
6 1 EA Ibs min. GL moment 31891bs. Minimum $1,425,00
Breaking Load 2 ft. Below Tip
Catalog #: 553302-8 Gray
553304-8 SJB
HEAVY DUTY POLE
Pole, Concrete, Heavy Duty, 35 ft., 115.3k
7 1 EA ft-Ibs min. GL moment 41921bs. 895,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 354302-8 Gray
354304-8 SJB
Pole, Concrete, Heavy Duty, 40 ft., 131.8k
8 4 EA ft-Ibs min. GL moment 4118 Ibs. 1,030,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 404302-8
404304-8
Pole, Concrete, Heavy Duty, 45 ft., 149.4k
9 20 EA ft-Ibs min. GL moment 4093 Ibs. 1,183,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 454302-8 Gray
454304-8 SJB
Pole, Concrete, Heavy Duty, 50 ft., 169.2k
10 25 EA ft-Ibs min. GL moment 4126 Ibs. 1,400,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 504302-8 Gray
504304-8 SJB
Pole, Concrete, Heavy Duty, 55 ft., 188.4k
11 10 EA ft-Ibs min. GL moment 4140 Ibs. 1,600,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 554302-8 Gray
554304-8 SJB
Pole, Concrete, Heavy Duty, 60 ft., 205.9k
12 1 EA ft-Ibs min. GL moment 4118 Ibs. 1,870,00
Minimum Breaking Load 2 ft. Below Tip
Catalog #: 604302-8 Gray
604304-8 SJB
TOTAL $118,792.00
Manufacturer quoted: Lonestar
Prestress
Price Adder for each additional 11j16" hole
for poles that requires more than 22 $3.25
factory holes per pole
Delivery can be made within_ 28 - 42
days of receipt of order.
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
FOR AUGUST 22, 2005
9:00 A. M.
DRAFT
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, August 22,2005
at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, John Baines, Bill Cheek, Phil Gallivan, Charldean Newell,
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM. /Utilities
Excused:
Dick Smith
George Hopkins
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his
designee, to implement each item in accordance with the staff recommendations. The Public
Utilities Board has received background information, staff's recommendations, and has had an
opportunity to raise questions regarding these items prior to consideration.
Listed below are bids or purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment under Consent Agenda Items 1 through 3.
Detailed information is attached to each Consent Agenda item. This listing is provided on the
Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to
approval of the Consent Agenda. If the item is pulled from consideration for separate discussion,
prior to its consideration, such item will be considered as the first item(s) taken up under the
"Items For Individual Consideration" section of the agenda, set forth below. The remaining
Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the
Public Utilities Board Members who are present.
3) Consider recommending approval of an Easement Abandonment Agreement by and between
the City of Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and
Preserve I Development, LLC for the partial abandonment of a public utility easement
recorded in Volume 4654, Page 00483 of the Real Property Records of Denton County,
Texas and being located in the Gideon Walker Survey, Abstract No. 1330, City of Denton,
Denton County, Texas (Preserve Apartments - Shady Shores Road).
Board Member Charldean Newell asked that Consent Agenda Items #1 and #2 be pulled
and discussed under Items for Individual Consideration.
Board Member Phill Gallivan moved to approve Consent Agenda Item #3 with a second
from Board Member Bill Cheek. The motion was approved by a vote of 5 to O.
ITEMS FOR INDIVIDUAL CONSIDERATION:
1) Consider recommending approval of the unit prices in Bid #3361 and awarding a three-year
agreement for the purchase of concrete electric distribution poles to Lonestar Prestress
Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of
$118,792.
Newell asked what was the difference between the item that was presented at the last meeting to
purchase poles and this particular item.
Sharon Mays, Electric Utility Director responded the only difference is the size of the pole being
purchased.
Board Member John Baines moved to approve Agenda Items #1 with a second from Board
Member Bob Bland. The motion was approved by a vote of 5 to o.
2) Consider recommending approval to purchase refuse and recycling carts and miscellaneous
cart materials, through Interlocal Agreements with the Houston-Galveston Area Council of
Governments (HGAC) statewide cooperative purchasing program, and the Buy Board
cooperative purchasing network, in an amount not to exceed $413,596.63
Newell asked ifby approving this item staff, would be committing to purchasing additional
carts before a decision has been made by City Council to transition to cart service.
Vance Kemler, Solid Waste Director, responded that this cart purchase is in response to the
overwhelming voluntary request for cart service.
Board Member Bland noted the increase in price of the small carts from $27.00 to $34.53.
Kemler responded that the actual size of the small container changed to be utilized by the
automatic arm on the solid waste vehicle.
Bland moved to approve Agenda Item #2 with a second from Board Member Phil
Gallivan. The motion was approved by a vote of 5 to o.
AGENDA INFORMATION SHEET
AGENDA DATE: September 6,2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
ACM:
Kathy DuBose
Ii
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of Traffic Signals for the City of Denton Traffic Division; providing for the
expenditure of funds therefore; and providing an effective date (Bid 3341-Annual Contract for
Traffic Signals awarded to the lowest responsible bidder for each item in the estimated amount
of $175,000).
BID INFORMATION
This bid is for an annual contract for the purchase of traffic signals and related items. These
materials will be utilized in the construction of new signals and in the maintenance of the
existing traffic control system throughout the city of Denton.
RECOMMENDA TION
Award to the lowest responsible bidder for each group of related items as listed below and on the
Exhibit A attached to the ordinance.
Item #
Items 28-36, 38, 39
Items 1-6,37,40,43
Items 41,42,44
Items 7-27
Items 45-56
Vendor
CES Network Services Inc.
Consolidated Traffic Controls
Paradigm Traffic Systems
Control Technologies Inc.
NuArt Lighting Products
The lower cost Items 1-3 offered by Traffic Parts, Inc., General Traffic Equipment, Paradigm
Traffic Systems, and Control Technologies, do not carry the required specified signal alignment
and or the overall dimensions on signal heads. Items 7-27 from Traffic Parts and General Traffic
Equipment will not interchange with existing Pelco hardware due to dimensions and are not
made from the specified materials. Awarding line items 1-6, 7-27, and 45-56, as group items
will allow us to mix items to save on freight charges, create an ease of ordering and insure
com pati bili ty.
Agenda Information Sheet
September 6, 2005
Page 2
PRINCIPAL PLACE OF BUSINESS
CES Network Services, Inc.
Dallas, Texas
Consolidated Traffic
Fort Worth, Texas
Paradigm Traffic
Fort Worth, TX
Control Technologies
Tomball, TX
NuArt Lighting Products
Salt Lake City, Utah
ESTIMA TED SCHEDULE OF PROJECT
This contract will remain in effect for one year from the date of award and may be renewed for
additional one-year periods contingent upon pricing remaining the same. Delivery of materials is
estimated to be 60 days or less.
FISCAL INFORMATION
These supplies and materials will be funded from account 352001.6520.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1-AIS-Bid 3341
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c(
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR
CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNALS AND HARDWARE FOR THE
CITY OF DENTON TRAFFIC DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3341-TWO YEAR CONTRACT
FOR TRAFFIC SIGNALS AND HARDW ARE AWARDED TO THE LOWEST RESPONSIBLE
BIDDER FOR EACH ITEM, IN THE ANNUAL ESTIMATED AMOUNT OF $175,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered 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 ITEM
NUMBER NO VENDOR AMOUNT
3341 28-36,38,39 CES Network Services, Inc. Exhibit A
3341 1-6,37,40,43 Consolidated Traffic Controls Exhibit A
3341 41,42,44 Paradigm Traffic Systems Exhibit A
3341 7-27 Control Technologies Inc. Exhibit A
3341 45-56 NuArt Lighting Products Exhibit A
SECTION 2. City Council finds the bids submitted by Traffic Parts, Inc. for Items 1-3, and
7-27, General Traffic Equipment for Items 1-3 and 7-27, Paradigm Traffic Systems for Items 1-3,
and Control Technologies for Items 1-3 did not meet specifications and are therefore rejected.
SECTION 3. 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 pur-
chase 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 4. Should the City and the winning bidder(s) 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 a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. ~
3-0RD-BID 3341
Exhibit A
Bid #3341
Date: 8/11/05
Two-Year Contract for Traffic Signals & Hardware
ITEM QTY. DESCRIPTION Vendor Vendor Vendor Vendor Vendor
Paradigm NuArt CES Consolidated Control
Traffic Lighting Network Traffic Technologies,
Systems Products Services Inc. Controls, Inc. Inc.
Ft. Worth, TX Salt Lake Dallas, TX Arlington, TX Tomball, TX
Principle Place of Business City, UT
3 -SECTION BLACK POL YCARBONATE SIGNAL HEAD WITH
1 50 BLACK VISORS, BLACK POLY BACKPLATE, AND READY FOR $174.00
LED LENSES.
5 - SECTION BLACK POL YCARBONATE SIGNAL HEAD WITH
2 12 BLACK VISORS, BLACK POLY BACKPLATE, AND READY FOR $282.00
LED LENSES.
5 - SECTION BLACK POL YCARBONATE CLUSTER SIGNAL
3 5 HEAD WITH BLACK VISORS, BLACK POLY BACKPLATE, AND $282.00
READY FOR LED LENSES.
4 12 PEDESTRIAN HEAD, BLACK, CLAM SHELL MOUNT, READY $149.00
FOR LED LENS
5 24 PEDESTRIAN HEAD, BLACK, CLAM SHELL MOUNT WITH LED $349.00
COUNTDOWN TIMER LENS
6 12 PEDESTRIAN HEAD LENS, LED WITH COUNTDOWN TIMER $210.00
7 75 PELCO 3-SECTION ASTROBRAC ASSEMBLY WITH 84 INCH $78.79
CABLE AND GUSSETED TUBE #AS-0125-3-84
8 25 PELCO 5-SECTION ASTROBRAC ASSEMBLY WITH 84 INCH $87.73
CABLE AND GUSSETED TUBE #AS-0125-5-84
9 5 PELCO 5-SECTION ASTROBRAC CLUSTER ASSEMBLY WITH $143.89
84 INCH CABLE AND GUSSETED TUBE #AS-0138-2-84
10 50 PELCO 3-SECTION HORIZONTAL SPAN WIRE ASSEMBLY $60.89
WITH GUSSETED TUBE #AS-0127-3
11 12 PELCO 5-SECTION HORIZONTAL SPAN WIRE ASSEMBLY $69.57
WITH GUSSETED TUBE #AS-0127-5
12 24 PELCO 3-SECTION HORIZONTAL SPAN WIRE ASSEMBLY FOR $144.15
TETHER WIRE #SP-3058-TX-3-ALO
13 12 PELCO 5-SECTION HORIZONTAL SPAN WIRE ASSEMBLY FOR $156.78
TETHER WIRE #SP-3058-TX-5-ALO
14 24 PELCO SPAN WIRE SIGN HARDWARE, 1 EA OF: #SE-0338, SE $30.00
0508, SE-051 0, AND SE-0507-72
15 12 PELCO PEDESTAL POLE HARDWARE, 1 EA OF: #PB-0543, PB- $207.31
0545, PB-5306, PB-5325, PB-5401, FS-2039-SS, AND PB-51 00-8
PELCO PEDESTAL POLE HARDWARE, 1 EA OF: #PB-0543, PB-
16 12 0545, PB-5306, PB-5325, PB-5401, FS-2039-SS, AND PB-51 00- $248.42
12
PELCO PEDESTAL POLE HARDWARE, 1 EA OF: #PB-0543, PB-
17 12 0545, PB-5306, PB-5325, PB-5401, FS-2039-SS, AND PB-51 00- $282.52
16
18 50 PELCO ASTROBRAC WI 84 INCH CABLE #AS-3009-84 $43.47
Exhibit A
Bid #3341
Date: 8/11/05
Two-Year Contract for Traffic Signals & Hardware
ITEM QTY. DESCRIPTION Vendor Vendor Vendor Vendor Vendor
Paradigm NuArt CES Consolidated Control
Traffic Lighting Network Traffic Technologies,
Systems Products Services Inc. Controls, Inc. Inc.
Ft. Worth, TX Salt Lake Dallas, TX Arlington, TX Tomball, TX
Principle Place of Business City, UT
19 6 PELCO ASTROBRAC WI 62 INCH CABLE #AS-3009-62 $42.31
20 5 PELCO MINI ASTROBRAC CABLE MOUNT#AB-0160-45 $22.84
21 5 PELCO MINI ASTROBRAC CABLE MOUNT#AB-0163-45 $18.84
22 24 PELCO PED PUSH BUTTON STATION, BLACK#SE-2023-08- $35.63
P34
23 18 PELCO PED SIGN LEFT#SF-1030-05 FOR STATION #SE-2023- $8.10
08
24 18 PELCO PED SIGN RIGHT#SF-1031-05 FOR STATION #SE-2023 $8.10
08
25 18 PELCO PED SIGN #SF-1020-05 FOR STATION #SE-2023-08 $8.73
26 24 PELCO PED PUSH BUTTON ASSEMBLY, BLACK #SE-2009-08- $18.05
P34
27 50 PELCO PED PUSH BUTTON SWITCH #SE-0211 $7.10
28 12 MDS 9810 RADIO $819.00
29 12 MDS TRANSNET 900 RADIO $635/$495
30 12 MDS INET 900 REMOTE SERIAL GATEWAY RADIO $1,200.00
31 12 RADIO POWER SUPPLY FOR MDS RADIOS,120VAC INPUT, $24.00
12VDC OUTPUT, 1000MA, CUI DPD120100-P5 OR EQUAL
32 1500' RADIO ANTENNA CABLE, 3/8" COAX, TIMES LMR 400 OR $738.67
EQUAL
33 12 RADIO ANTENNA CABLE LIGHTNING SUPRESSOR $58.00
POL YPHASER MODEL IS-B50LN-C2
RADIO JUMPER CABLE, FLEXIBLE 18", LOW LOSS, RG-58
34 12 "TYPE" TIMES NMH MALE "N" TO MALE "N" WITH RF $20.96
SHIELDING OR EQUAL
35 24 RADIO SERIAL COMMUNICATIONS CABLE, 6' LONG, 25 PIN $15.00
MALE TO 25 PIN FEMALE, BELKIN F2J088-06 OR EQUAL
36 24 RADIO ANTENNA CABLE TIMES EZ 400 NMH "N" MALE $7.00
CONNECTORS
37 2 OMNI ANTENNA, DB PRODUCTS DB86T3-Y $920.00
38 2 OMNI ANTENNA, DB PRODUCTS DB589 $708.00
Exhibit A
Bid #3341
Date: 8/11/05
Two-Year Contract for Traffic Signals & Hardware
ITEM QTY. DESCRIPTION Vendor Vendor Vendor Vendor Vendor
Paradigm NuArt CES Consolidated Control
Traffic Lighting Network Traffic Technologies,
Systems Products Services Inc. Controls, Inc. Inc.
Ft. Worth, TX Salt Lake Dallas, TX Arlington, TX Tomball, TX
Principle Place of Business City, UT
39 12 YAGI ANTENNA, MAXRAD MYA93012 $76.60
40 6 HENKE TS1 P44 LOCAL CABINET ASSEMBLY, DENTON SPEC $5,968.00
41 12 EDI ORACLE, 4-CHANNEL LCD LOOP DETECTOR CARD $307.00
42 6 EDI LM 604, 4-CHANNEL LOOP DETECTOR CARD $176.00
43 12 3M C824-0, 4-CHANNEL CANOGA LOOP DETECTOR CARD $597.00
44 8 EDI SSM-12LE SIGNAL MONITOR $540.00
45 16 LED BACKLIT STREET SIGN 19" X 48" SINGLE SIDED, BLANK $673.55
FACE
46 16 LED BACKLIT STREET SIGN 19" X 72" SINGLE SIDED, BLANK $884.15
FACE
47 16 LED BACKLIT STREET SIGN 19" X 96" SINGLE SIDED, BLANK $952.70
FACE
48 16 LED BACKLIT STREET SIGN 24" X 48" SINGLE SIDED, BLANK $734.35
FACE
49 16 LED BACKLIT STREET SIGN 24" X 72" SINGLE SIDED, BLANK $965.00
FACE
50 16 LED BACKLIT STREET SIGN 24" X 96" SINGLE SIDED, BLANK $1,255.70
FACE
51 8 LED BACKLIT STREET SIGN 19" X 48" DOUBLE SIDED, BLANK $1,087.55
FACE
52 8 LED BACKLIT STREET SIGN 19" X 72" DOUBLE SIDED, BLANK $1,442.70
FACE
53 8 LED BACKLIT STREET SIGN 19" X 96" DOUBLE SIDED, BLANK $1,704.60
FACE
54 8 LED BACKLIT STREET SIGN 24" X 48" DOUBLE SIDED, BLANK $1,146.15
FACE
55 8 LED BACKLIT STREET SIGN 24" X 72" DOUBLE SIDED, BLANK $1,521.00
FACE
56 8 LED BACKLIT STREET SIGN 24" X 96" DOUBLE SIDED, BLANK $1,998.00
FACE
AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
ACM:
Kathy DuBose
16.
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of multipurpose paper for the City of Denton; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3366- Annual Contract for Multipurpose
Paper awarded to the lowest responsible bidder, Ricoh Corporation, in the annual estimated
amount of $30,992).
BID INFORMATION
This bid is for the annual contract to supply multipurpose paper to all City departments. The
paper will primarily be used for copiers, desktop printers and fax machines. This item will be
carried in the Warehouse working capital inventory for easy access.
RECOMMENDA TION
Award of Ricoh Corporation in the amount of $1.94 per ream of paper ($19.37/carton) for an
estimated amount of $30,992. The apparent low bidder, Xerox Corporation, would not guarantee
that pricing would remain firm for one year as requested in the bid specifications.
PRINCIPAL PLACE OF BUSINESS
Ricoh Corporation
Uniontown, OH
ESTIMA TED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions remaining the same.
FISCAL INFORMATION
This item will be funded out of the Warehouse working capital account and charged back to the
using department.
Agenda Information Sheet
September 6, 2005
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
I-AIS- Bid 3366
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*
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF MULTIPURPOSE PAPER FOR THE CITY OF
DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE (BID 3366-ANNUAL CONTRACT FOR MULTIPURPOSE PAPER
AWARDED TO THE LOWEST RESPONSIBLE BIDDER, RICOH CORPORATION, IN THE
ANNUAL ESTIMATED AMOUNT OF $30,992).
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 therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered 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
ITEM
NO
VENDOR
AMOUNT
3366
1
Ricoh Corporation
Exhibit A
SECTION 2. City Council finds the bids submitted by Xerox Corporation did not meet
specifications and are therefore rejected.
SECTION 3. 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 pur-
chase 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 4. Should the City and the winning bidder(s) 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 a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. ~
3-0RD-BID 3366
BID # 3366
Exhibit A
DATE: 08/11/05
ANNUAL CONTRACT FOR MULTIPURPOSE PAPER
Ricoh
Principle Place of Business:
Uniontown, OH
1
1600
015-55-700
Cartons
8-1/2" x 11" White
premium grade 4
multipurpose paper,
minimum 84%
brightness. Xerox
part #3R2047, HP
part #HPC8511 or
equivalent.
$19.37
Number of cartons
per truckload__
840-880
SHIPMENT
7 to 10
AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
ACM:
Kathy DuBose
16.
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
rental of heavy equipment for various City departments; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3367-Rental of Heavy Equipment awarded to the
lowest responsible bidder or lowest evaluated local vendor for each item as listed in Exhibit A).
BID INFORMATION
This bid is for the annual contract to supply the rental of heavy equipment to all City
departments. From time to time, the City of Denton has a need for heavy equipment to
supplement our fleet. This annual Agreement will allow us quick access to expensive equipment
without the delay of the bid process. In addition, the annual Agreement for multiple items lends
itself to more competitive pricing than incidental usage. No guarantee of any minimal usage is
part of this Agreement and each rental will have an individual purchase order. The equipment
list consists of the most commonly used sizes and types of heavy equipment.
RECOMMENDA TION
Award to the lowest responsible bidder or the lowest evaluated local vendor for each item as
listed below:
Vendor
Item Number
Bane Machinery
Jagoe-Public Company
Hertz Equipment Rental
Holt Rental Service
TKO Equipment Co.
14, 15, 18, 19,22,23,26, 55
44,45,53
27,28
8-11,29,39,42,48,49,51,52,58 a,b,c, 59 a,b,c, 60 a,b,c,
61 a,b,c, 62 a,b,c, 63 a,b,c, 64 a,b,c
1-4,6, 7, 12-13, 16-17,20-21,24-25, 30, 32-38,40,41,43-
47, 50, 54
Agenda Information Sheet
September 6, 2005
Page 2
RECOMMENDATION (CONTINUED)
No bids were received for Items 56 & 57; therefore they will not be awarded at this time. Bids
received for items 5, 31, 65 & 65a did not meet the minimum specification and will not be
awarded. Hertz, the apparent low bidder on Items 4,7,13, 26, & 29 did not meet specifications
for the minimum horsepower required. Bane Machinery, the apparent low for item 20, did not
meet the minimum horsepower required. Hertz's bid for items 61a-64c could not be evaluated
for due to irregularities in pricing. Items 44 & 45 were awarded to Jagoe-Public Company after
consideration of the 5% local preference, based upon their community contributions as per
Attachment 2.
PRINCIPAL PLACE OF BUSINESS
Bane Machinery
Dallas, Texas
Hertz Equipment Rental
Fort Worth, Texas
Jagoe-Public Company
Denton, Texas
Holt Rental Services
Fort Worth, Texas
TKO Equipment Co.
Irving, Texas
ESTIMA TED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions remaining the same.
FISCAL INFORMATION
These items will be charged to the using Departments as needed.
Respectfully submitted:
~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
Attachment 2: Letter from Jagoe-Public Co.
]-AIS-Bid 3367.doc
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Attachment 2
JAGOE...PUBUC CO.
mSiI:.l.:l' 1921 ,.
i"'1:rt Mt< ,\$pt.ufl PltXluction. Sa~ " He=! C.a,stroolirm
RO. Box 250
~nk))l,. 'rX 1'6202
Ma:i:n. i\!' (94th !i82"158J
l::'i1x -if (940) J1l2A~D2.
August 18, 2005
City of Denton - Purchasing Department
Atln: Ms. Karen Smith - Senior Buyer
90lB Texas Street
Denton, Texas 76209
Dear Ms. Smith,
We are aware that we were not low bidder on several items in the City's bid for Rental of Heavy Equipment. However, if the local
preference statute is taken into consideration, Jagoe would be low bidder for items #44 and #45 if given local bidder preference.
Jagoe-Public Company is a locally owned and operated company. The contributions that Jagoe makes to the conrmunity are difficult to
measure. However, please consider facts the following when evaluating this bid:
. In 2004, paid approximately $200,000 in utility bills to Denton.
. A direct payroll of around $2,600,000 (50 -75 employees)
. Indirect payroll in excess of $1 ,500,000 (20 - 40 employees)
. Local property taxes (directly & indirectly) $85,000
. Banks in locally owned banks with revenues in excess of $20M
. Uses locally owned insurance agency
. Preference for ALL local vendors and subcontractors fIrst
In addition, Jagoe-Public Company employees and owners contribute time and/or money to the following organizations:
Denton Area Advocates for the Deaf
Denton Arts & Jazz Festival
M.D.A.
United Way
Make A Wish
Traffic Safety Board
Ann Windle School
North Texas State Fair & Rodeo
Friends of the Family
U.NT & T.W.U.
Child Advocacy Center
Public Utility Board
Denton Greater Arts
Cancer Society
Habitat for Humanity
Denton Public Schools
Texas School for the Deaf
Pavement Conmnttee
Above are just a few of the organizations on which Jagoe-Public Company has a direct impact. Please consider Jagoe for this bid and that
Denton is the place we live, work and play.
Sincerely,
Mwny N. Ricks - President
Bill Cheek, JI. - Vice President
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE RENTAL OF HEAVY EQUIPMENT FOR VARIOUS CITYDEP ARTMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(BID 3367-RENTAL OFHEA VYEQUIPMENT AWARDED TO THE LOWEST RESPONSIBLE
BIDDER OR LOWEST EVALUATED LOCAL VENDOR FOR EACH ITEM AS LISTED IN
EXHIBIT A).
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 therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered 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
ITEM
NO
VENDOR
AMOUNT
3367
1-4,6,7,12,13,16,17,
20,21,24,25,30,32-38,
40,41,43-47,50,54
8-11,29,39,42,48,49,
51,52,58 a,b,c,59 a,b,c,
60 a,b,c,61 a,b,c,62 a,b,c,
63 a,b,c ,64 a.b.c
14,15,18,19,22,23,26, Bane Machinery
55
27,28
44,45,53
TKO Equipment Co.
Exhibit A
3367
Holt Equipment Rental
Exhibit A
3367
Exhibit A
3367
3367
Hertz Equipment Rental
Jagoe-Public Company
Exhibit A
Exhibit A
SECTION 2 City Council finds the bids submitted by Hertz for Items 4, 7, 13,26 and 29
and Bane Machinery for Item 20 did not meet specifications and are therefore rejected.
SECTION 3. 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 pur-
chase 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 4. Should the City and the winning bidder(s) 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 a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. ~
3-0RD-BID 3367
EXHIBIT A
Bid #3367
Opens: 8/11/05
RENTAL OF HEAVY EQUIPMENT
11V'" "..............
Jagoe Public Bane Hertz Holt Rental T-K-Q
Machinery Equipment Equipment
Co. Ft. Worth LP Rental Corp. Services Co.
Principle Place of Business: Denton, TX Ft. Worth, Ft. Worth, Ft. Worth, Grand
TX TX TX Prairie,TX
DOZERS
1 Per Dozer, Cat 010 or $22,500.00
Month equivalent
2 Per Dozer, Cat 09 or equivalent $14,750.00
Month
3 Per Dozer, Cat 08 or equivalent $11,500.00
Month
4 Per Dozer, Cat 07 or equivalent $9,000.00
Month
6 Per Dozer, Cat 06 or equivalent $6,700.00
Month
7 Per Dozer, LGP Cat 06 or $8,200.00
Month equivalent
8 Per Dozer, Cat 05 or equivalent $3,300.00
Month
9 Per Dozer, LGP Cat 05 or $3,400.00
Month equivalent
10 Per Dozer, Cat 04 or equivalent $2,800.00
Month
11 Per Dozer, LGP Cat 04 or $2,900.00
Month equivalent
WHEEL LOADERS
12 Per Wheel Loader, Cat 988 or $14,500.00
Month equivalent
13 Per Wheel Loader, Cat 980 or $9,000.00
Month equivalent
14 Per Wheel Loader, Cat 966 or $5,980.00
Month equivalent
15 Per Wheel Loader, Cat 962 or $5,390.00
Month equivalent
16 Per Wheel Loader, Cat 950 or $4,400.00
Month equivalent
17 Per Wheel Loader, Cat 938 or $3,700.00
Month equivalent
18 Per Wheel Loader, Cat 928 or $3,490.00
Month equivalent
EXHIBIT A
Bid #3367
Opens: 8/11/05
RENTAL OF HEAVY EQUIPMENT
11V'" WI::""'U(
Bane Hertz Holt Rental T-K-O
Jagoe Public Machinery Equipment Equipment
Services
Co. Ft. Worth LP Rental Corp. Co.
Ft. Worth, Ft. Worth, Ft. Worth, Grand
Principle Place of Business: Denton, TX TX TX TX Prairie,TX
19 Per Wheel Loader, Cat 924 or $3,250.00
Month equivalent
MOTOR GRADERS
20 Per Motor Grader, Cat 12 or $4,600.00
Month equivalent
21 Per Motor Grader, Cat 140 or $4,850.00
Month equivalent
EXCAVATORS
22 Per Excavator, Cat 345 or $9,450.00
Month equivalent
23 Per Excavator, Cat 330 or $6,780.00
Month equivalent
24 Per Excavator, Cat 325 or $5,800.00
Month equivalent
25 Per Excavator, Cat 320 or $4,250.00
Month equivalent
26 Per Excavator, with hydraulic $6,380.00
Month breaker 1,500 (ft Ib) class
27 Per Excavator, with hydraulic $6,500.00
Month breaker 3,000 (ft Ib) class
28 Per Excavator, with hydraulic $11,900.00
Month breaker 5,000 (ft Ib) class
29 Per Excavator, Cat 320 with $5,500.00
Month zero tailspin or equavalent
SOIL SCREENER
Per Soil Screener, Terex/Finely $7,250.00
30 770 or equivalent - 3/8" -
Month 1/4" screen
TRUCKS, (Off-Road)
32 Per Truck, (Off-Road), Cat 0250 $6,950.00
Month or equivalent
EXHIBIT A
Bid #3367
Opens: 8/11/05
RENTAL OF HEAVY EQUIPMENT
11V'" WI::""'U(
Bane Hertz Holt Rental T-K-O
Jagoe Public Machinery Equipment Equipment
Services
Co. Ft. Worth LP Rental Corp. Co.
Ft. Worth, Ft. Worth, Ft. Worth, Grand
Principle Place of Business: Denton, TX TX TX TX Prairie,TX
33 Per Truck, (Off-Road), Cat 0300 $7,900.00
Month or equivalent
34 Per Truck (Off-Road), Cat 0400 $9,750.00
Month or equivalent
SCRAPERS
35 Per Scraper, Cat 623 or $11,900.00
Month equivalent
36 Per Scraper, Cat 621 or $10,500.00
Month equivalent
37 Per Scraper, Cat 615 or $7,950.00
Month equivalent
38 Per Scraper, Cat 613 or $5,800.00
Month equivalent
TRACK LOADERS
39 Per Track Loader, Cat 973 or $10,500.00
Month equivalent
40 Per Track Loader, Cat 963 or $6,500.00
Month equivalent
41 Per Track Loader, Cat 953 or $5,250.00
Month equivalent
COMPACTORS
42 Per Compactor, Cat 825 or $13,000.00
Month equivalent
43 Per Compactor, Cat 815 or $6,950.00
Month equivalent
44 Per Compactor, Cat CP563 or $3,400.00
Month equivalent
45 Per Compactor, Cat CS563 or $3,100.00
Month equivalent
WATER WAGONS (Off-
Road)
EXHIBIT A
Bid #3367
Opens: 8/11/05
RENTAL OF HEAVY EQUIPMENT
Jagoe Public Bane Hertz Holt Rental T-K-O
Machinery Equipment Equipment
Co. Ft. Worth LP Rental Corp. Services Co.
Principle Place of Business: Denton, TX Ft. Worth, Ft. Worth, Ft. Worth, Grand
TX TX TX Prairie,TX
46 Per Water Wagon, (Off-Road), $5,400.00
Month Cat 613 or equivalent
47 Per Water Wagon, (Off-Road), $5,400.00
Month Cat D25 or equivalent
WATER TRUCKS
(On-Road)
48 Per Water Truck (On-Road), $2,695.00
Month 2,000 gal.
49 Per Water Truck (On-Road), $4,500.00
Month 4,000 gal.
MIXERS/RECYCLERS
50 Per MixerjRecycler, Bomag $7,500.00
Month 100R or equivalent
51 Per MixerjRecycler,CMI 325 or $9,000.00
Month equivalent
52 Per MixerjRecycler,CMI 500 or $14,000.00
Month equivalent
ASPHALT-LAY DOWN
MACHINE
53 Per Asphalt - Lay Down $18,000.00
Month Machine, 8 ft- 15 ft
ASPHALT ROLLERS
54 Per Asphalt Roller, 9 ton $2,500.00
Month
55 Per Asphalt Roller, 12 ton $2,190.00
Month
ASPHALT MILLING
MACHINES
BACKHOES
Per Backhoe, Case 580M or
58a Day equivalent - 85 hp class $225.00
(Daily Rate)
EXHIBIT A
Bid #3367
Opens: 8/11/05
RENTAL OF HEAVY EQUIPMENT
Jagoe Public Bane Hertz Holt Rental T-K-O
Machinery Equipment Equipment
Co. Ft. Worth LP Rental Corp. Services Co.
Principle Place of Business: Denton, TX Ft. Worth, Ft. Worth, Ft. Worth, Grand
TX TX TX Prairie,TX
Per Backhoe, Case 580M or
58b Week equivalent - 85 hp class $600.00
(Weekly Rate)
Per Backhoe, Case 580M or
58c Month equivalent - 85 hp class $1,600.00
(Monthly Rate)
Per Backhoe, Case 590M or
59a Day equivalent - 85 hp class $225.00
(Daily Rate)
Per Backhoe, Case 590M or
59b Week equivalent - 85 hp class $600.00
(Weekly Rate)
Per Backhoe, Case 590M or
59c Month equivalent - 85 hp class $1,600.00
(Monthly Rate)
60 Options added to backhoe
base price:
Add cab with air $200.00
a conditioning
b Add 4-wheel drive $200.00
c Add extendadig $200.00
SKIDSTEERS
61a Per Skidsteer, Cat 216 or $150.00
Day equivalent (Daily Rate)
61b Per Skidsteer, Cat 216 or $495.00
Week equivalent (Weekly Rate)
61c Per Skidsteer, Cat 216 or $1,250.00
Month equivalent (Monthly Rate)
62a Per Skidsteer, Cat 226 or $150.00
Day equivalent (Daily Rate)
62b Per Skidsteer, Cat 226 or $495.00
Week equivalent (Weekly Rate)
62c Per Skidsteer, Cat 226 or $1,250.00
Month equivalent (Monthly Rate)
63a Per Skidsteer, Cat 236 or $175.00
Day equivalent (Daily Rate)
Bid #3367
Opens: 8/11/05
RENTAL OF HEAVY EQUIPMENT
Principle Place of Business:
63b Per Skidsteer, Cat 236 or
Week equivalent (Weekly Rate)
63c Per Skidsteer, Cat 236 or
Month equivalent (Monthly Rate)
64a Per Skidsteer, Cat 246 or
Day equivalent (Daily Rate)
64b Per Skidsteer, Cat 246 or
Week equivalent (Weekly Rate)
64c Per Skidsteer, Cat 246 or
Month equivalent (Monthly Rate)
EXHIBIT A
Jagoe Public Bane Hertz T-K-Q
Machinery Equipment Holt Rental
Co. Services Equipment
Ft. Worth LP Rental Corp. Co.
Denton, TX Ft. Worth, Ft. Worth, Ft. Worth, Grand
TX TX TX Prairie,TX
$595.00
$1,550.00
$200.00
$695.00
$1,750.00
AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7133
ACM:
Kathy DuBose
..
SUBJECT
Consider adoption of an Ordinance awarding a contract for the purchase of two 10,000 gallon
above ground fuel storage tanks to the second low bidder, Separation Systems Consultants, Inc.,
due to the low bidder refusing to honor a bid for Item 1 in Ordinance No. 2005-188, dated July
19,2005; providing for the expenditure of funds therefore; and providing an effective date. (Bid
3343-10,000 Gallon Con Vault Above Ground Fuel Storage Tank for Item 1 to Separation
Systems Consultants, Inc.-$77,998). The Public Utilities Board recommends approval 5-0.
BID INFORMATION
On July 19,2005, Council awarded a contract to Holloway Welding and Piping for the purchase
of two 10,000-gallon fuel tanks for installation at the Landfill. During the preconstruction
drawing review process, it was determined that the bid from Holloway Welding and Piping
failed to meet specifications although no exceptions were taken on their bid. Since Holloway
Welding and Piping is unable to comply with the bid specifications, the purchase order to them
has been cancelled. The bid from Separation Systems Consultants, Inc. in the amount of $38,999
per tank is the lowest bid meeting specifications. The end result will be a price increase of
$6,846.
PRIOR ACTIONIREVIEW (COUNCIL. BOARDS. COMMISSIONS)
. The Public Utility Board approved this purchase on July 11,2005.
. Council approved award of this bid on July 19,2005.
RECOMMENDA TION
Rescind the award of Holloway Welding and Piping and award Item 1 to Separation Systems
Consultants, Inc. in the amount of $77,998.
PRINCIPAL PLACE OF BUSINESS
Separation Systems Consultants, Inc.
Houston, TX
Agenda Information Sheet
September 6, 2005
Page 2
ESTIMA TED SCHEDULE OF PROJECT
Delivery is estimated to be 77 days from receipt of order.
FISCAL INFORMATION
Funding for the fuel tanks will be provided from existing long-term bonds.
Respectfully submitted:
~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
]-AIS-Bid 3343 Change Order
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S:lprchlAgendalAgenda 2004-05lSeptember 6, 20051Bid 3343 Change Order OneI3-0RD-Bid 3343.doc
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF TWO 10,000
GALLON ABOVE GROUND FUEL STORAGE TANKS TO THE SECOND LOW BIDDER,
SEPARATION SYSTEM CONSULTANTS, INC. DUE TO THE LOW BIDDER REFUSING
TO HONOR A BID FOR ITEM 1 IN ORDINANCE NO. 2005-188; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
3343-10,000 GALLON CON VAULT ABOVE GROUND FUEL STORAGE TANK FOR
ITEM 1 TO SEPARATION SYSTEMS CONSULTANTS, INC.-$77,998)
WHEREAS, pursuant to Ordinance No. 2005-188, dated July 19, 2005 (the "Approval
Ordinance"), the City having solicited, received and tabulated competitive bids for the purchase
of two 10,000 gallon above ground fuel storage tanks was awarded to Holloway Welding and
Piping in accordance with the procedures of State law and City ordinances for the purchase of
two 10,000 gallon above ground fuel storage tanks, at a total price of $71,152; and
WHEREAS, during the preconstruction drawing review process, it was determined that
the bid from Holloway Welding and Piping failed to meet specifications; and
WHEREAS, the City's Purchasing Agent recommends that the contract be awarded to
the second low bidder, Separation Systems Consultants, Inc. in the amount of $77,998 as being
the lowest responsible bidder; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of two 10,000 gallon fuel storage tanks approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The bid of Separation Systems Consultants, Inc. for the numbered items in
the following numbered bids for the above ground fuel storage tanks, shown in the "Bid
Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as
being the lowest responsible bid for such items:
BID
NUMBER
ITEM
VENDOR
AMOUNT
3251
1
Separation Systems
Consultants, Inc.
$77,998
SECTION 3. By the acceptance and approval of the above numbered item 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 4. 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, 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 5. By the acceptance and approval of the above numbered item 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 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
~
1
2
3
4
5
6
PUB AGENDA ITEM #3
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
FOR JULY 11,2005
9:00 A. M.
DRAFT
7
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After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, July 11,2005 at
9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, Bill Cheek, Phil Gallivan, Charldean Newell, Dick Smith
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM. /Utilities
Excused:
John Baines
George Hopkins
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his
designee, to implement each item in accordance with the staff recommendations. The Public
Utilities Board has received background information, staff s recommendations, and has had an
opportunity to raise questions regarding these items prior to consideration.
Listed below are bids or purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment under Consent Agenda Items 1 through 7.
Detailed information is attached to each Consent Agenda item. This listing is provided on the
Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to
approval of the Consent Agenda. If the item is pulled from consideration for separate discussion,
prior to its consideration, such item will be considered as the first item(s) taken up under the
"Items For Individual Consideration" section of the agenda, set forth below. The remaining
Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the
Public Utilities Board Members who are present.
1) Consider approval of Task Order 05-F with R.I. Covington Consulting, LLC for the
provision of testimony and support during a formal Public Utility Commission of Texas
(PUCT) hearing regarding the Denton Municipal Electric (DME) Transmission Cost of
Service (TCOS) filing in an amount not to exceed $18,766.
Page 1 of 2
1 2) Consider approval of Bid 3347 for Purchase of Electrical Secondary Connection Pedestals
2 from Priester Supply, in the annual estimated amount of $30,000.
3
4 3) Consider approval of Bid 3348, for the Purchase of Polymer Concrete Transformer Pads,
5 from the lowest responsible bidder for each item in the annual estimated amount of $26,000.
6
7 4) Consider approval of Bid 3323 for the purchase of galvanized steel structures to construct an
8 addition to the existing Hickory Substation and awarded to the lowest responsible bidder in
9 the estimated amount of$66,616.
10
11 5) Consider approval of Bid No. 3343 for a 10,000 Gallon ConVault Above Ground Fuel
12 Storage Tank, from Holloway Welding and Piping Company in the amount of$71,152.
13
14 6) Consider approval for the purchase and installation of Caterpillar's Computer Aided
15 Earthmoving System (CAES), to Holt Caterpillar of Fort Worth, Texas, in the amount of
16 $74,620.
17
18 7) Consi der recommending approval of the purchase of a certain 1.46 acre tract of realty, from
19 Aaron Baltazar, Ltd. located in the T. Toby Abstract, No. 1288, City of Denton, Denton
20 County, Texas, and being shown as Lot B, Block C, of La Hacienda Heights, Phase I Final
21 Plat.
22
23 Board Member Bill Cheek moved to approve Consent Agenda Items #1-7 with a second
24 from Board Member Phil Gallivan. The motion was approved by a vote of 5-0.
25
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE: September 6,2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Vance Kemler 349-8444
ACM:
Kathy DuBose
II
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a contract with the Houston-Galveston Area Council of Governments
(H-GAC) for the acquisition of 35, 65, and 95 gallon refuse carts for the City of Denton Solid
Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an
effective date (File 3394-Purchase of Refuse Carts in the estimated amount of $315,000-the
amount is subject to increase depending upon customer demand). (The Public Utility Board
approved this item by a vote of 5-0).
INTERLOCAL AGREEMENT INFORMATION
The City Council approved the Solid Waste Department's most recent cart purchase using
H-GAC pricing on June 21, 2005. Since approval, the Department has ordered $250,557.70 of
carts for delivery in late August to early September.
H-GAC Unit Prices during June 2005 were as follows:
Large (95 Gallon) - $35.75
Medium (65 Gallon) - $33.75
Small (35 Gallon) - $27.00
There has been a recent H-GAC refuse cart price increase to the following unit prices:
Large (95 Gallon) - $38.13
Medium (65 Gallon) - $35.68
Small (35 Gallon)- $34.53
The Solid Waste Department must purchase additional refuse carts, and various replacement
parts, due to the residential cart growth Denton is steadily incurring. Currently, there are
approximately 9,000 refuse carts in the field, or requested for delivery to Denton's residents once
received. The increased cart demand requires the Department to order additional carts for
delivery to customers and to maintain inventory levels. If Council elects to provide citywide
residential refuse cart service, additional quantities will need to be purchased to make this
transition.
Agenda Information Sheet
September 6, 2005
Page 2
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its August 22, 2005 meeting.
RECOMMENDA TION
Award to Rehrig Pacific Company and Toter Incorporated as listed on attached Exhibit A.
PRINCIPAL PLACE OF BUSINESS
Houston-Galveston Area Council of Governments
Houston, Texas
Rehrig Pacific Company
Lawrenceville, GA
Toter Incorporated
Charlotte, NC
ESTIMA TED SCHEDULE OF PROJECT
Staff desires to utilize this purchase agreement for all refuse cart purchases for the term of the
H-GAC contract. Delivery of truckload quantities can be received 30-45 days after receipt of
order.
FISCAL INFORMATION
Funding for the carts will be provided from Solid Waste project account 660038588.1365.30100.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Rehrig H-GAC Contract Pricing Sheet
Attachment 2: Toter H-GAC Pricing Sheet
]-AIS-File 3394
Attachment 1
~
CONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
Date
Prepared:
8/12/2005
Buying
Agency:
Contact
Person:
: City of Denton
:Karen Smith
Contractor:
Prepared
By:
:Rehrig Pacific Company
:Zach Martin
Phone:
:(940) 349-8436
Phone:
Fax:
Fax:
:(214)292-4709
:(214) 638-7477
Contract
~Form E Manufacturer's Options Pricing
Quan
5184 iHA-I, ROC-95
2208 iHA-2, ROC-65
Description Unit Pr Total
$38.13 $197,665.92
$35.68 $78,781.44
0
0
0
0
0
0
0
0
0
0
0
Total From Other Sheets, If Any:
Quan
Description Unit Pr Total
0
0
0
0
Total From Other Sheets, If Any:
Subtotal B: 0
For this transaction the percentage is: 0%
Subtotal C: $4,146.71 1.5%
C. H-GAC Fee Calculation (From Current Fee Tables)
Subtotal D:
o
280594.07
Attachment 2
CONTRACT PRICING WORKSHEET
For Standard Equipment Purchases
Contract
No.:
GCOI-05
Date
Prepared:
8/18/2005
Buying ~City of Denton Contractor: Toter Incorporated
Agency:
Contact ~ Billy Sprabeary Prepared Laura Gates
Person: By:
Phone: Phone: 800/424-0422
Fax: Fax: 704/878-0734
Email: ~ Billy .Spraybeary@cityofdenton.com Email: ~IQates@toter.com
KD EVR II 79248
Description
Toter Inc. EVR II UniversallNestable Model 79248
Truckload Quantity ~ 900
Body Hot Stamp - User Name/Logo Hot stamped on Side
of Container Body
Granite Colors - Graystone, Sandstone, Brownstone,
Greenstone, Bluestone and Navy Granite
Cost
34.53
Description
Cost
0.50
1.45
Subtotal From Additional Sheet(s):
I Subtotal B:
Subtotal From Additional Sheet(s):
I Subtotal C:
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Uni~
Price plus Published Options (A+B). ~
For this transaction the percentage is:
Description
Freight - Zone 4 ($710.60 for 100 to Full Truckload)
$710.60/ 900 ~ ~
Cost
Description
Cost
0.79
6-8 Weeks ARO
34,046.13
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CONTRACT WITH THE HOUSTON-GALVESTON
AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF 35, 65, AND
95 GALLON REFUSE CARTS FOR THE CITY OF DENTON SOLID WASTE
DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF
DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3394-PURCHASE OF REFUSE
CARTS IN THE ESTIMATED AMOUNT OF $315,000).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) 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 on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost
than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, 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 file for materials,
equipment, supplies, or services, are hereby approved.
FILE
NUMBER
VENDOR
AMOUNT
3394
3394
H-GAC/Rehrig Pacific Company
H-GAC/Toter Incorporated
Exhibit A
Exhibit A
SECTION 2. That by the acceptance and approval of the above numbered items set
forth in the referenced purchase orders, the City accepts the offer of the persons submitting the
bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or
services in accordance with the terms, conditions, specifications, standards, quantities and for the
specified sums contained in the bid documents and related documents filed with the H-GAC, and
the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in File 3394 wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by H-GAC, the City Manager or his designated representative is
hereby authorized to execute the written contract; provided that the written contract is in
accordance with the terms, conditions, specifications and standards contained in the Proposal
submitted to H-GAC, quantities and specified sums contained in the City's purchase orders, and
related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-0RD-File 3394
File #3394
Date: 9/6/05
Refuse Carts
Exhibit A
HGACjTOTER HGACjREHRIG
INC. PACIFIC CO.
Principle Place of Business: Charlotte, NC Houston, TX
1 EA 35 GALLON CARTS $34.53
2 EA 65 GALLON CARTS $35.68
3 EA 95 GALLON CARTS $38.13
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
FOR AUGUST 22, 2005
9:00 A. M.
DRAFT
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, August 22,2005
at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, John Baines, Bill Cheek, Phil Gallivan, Charldean Newell,
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM. /Utilities
Excused:
Dick Smith
George Hopkins
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his
designee, to implement each item in accordance with the staff recommendations. The Public
Utilities Board has received background information, staff's recommendations, and has had an
opportunity to raise questions regarding these items prior to consideration.
Listed below are bids or purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment under Consent Agenda Items 1 through 3.
Detailed information is attached to each Consent Agenda item. This listing is provided on the
Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to
approval of the Consent Agenda. If the item is pulled from consideration for separate discussion,
prior to its consideration, such item will be considered as the first item(s) taken up under the
"Items For Individual Consideration" section of the agenda, set forth below. The remaining
Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the
Public Utilities Board Members who are present.
3) Consider recommending approval of an Easement Abandonment Agreement by and between
the City of Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and
Preserve I Development, LLC for the partial abandonment of a public utility easement
recorded in Volume 4654, Page 00483 of the Real Property Records of Denton County,
Texas and being located in the Gideon Walker Survey, Abstract No. 1330, City of Denton,
Denton County, Texas (Preserve Apartments - Shady Shores Road).
Board Member Charldean Newell asked that Consent Agenda Items #1 and #2 be pulled
and discussed under Items for Individual Consideration.
Board Member Phill Gallivan moved to approve Consent Agenda Item #3 with a second
from Board Member Bill Cheek. The motion was approved by a vote of 5 to O.
ITEMS FOR INDIVIDUAL CONSIDERATION:
1) Consider recommending approval of the unit prices in Bid #3361 and awarding a three-year
agreement for the purchase of concrete electric distribution poles to Lonestar Prestress
Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of
$118,792.
Newell asked what was the difference between the item that was presented at the last meeting to
purchase poles and this particular item.
Sharon Mays, Electric Utility Director responded the only difference is the size of the pole being
purchased.
Board Member John Baines moved to approve Agenda Items #1 with a second from Board
Member Bob Bland. The motion was approved by a vote of 5 to o.
2) Consider recommending approval to purchase refuse and recycling carts and miscellaneous
cart materials, through Interlocal Agreements with the Houston-Galveston Area Council of
Governments (HGAC) statewide cooperative purchasing program, and the Buy Board
cooperative purchasing network, in an amount not to exceed $413,596.63
Newell asked ifby approving this item staff, would be committing to purchasing additional
carts before a decision has been made by City Council to transition to cart service.
Vance Kemler, Solid Waste Director, responded that this cart purchase is in response to the
overwhelming voluntary request for cart service.
Board Member Bland noted the increase in price of the small carts from $27.00 to $34.53.
Kemler responded that the actual size of the small container changed to be utilized by the
automatic arm on the solid waste vehicle.
Bland moved to approve Agenda Item #2 with a second from Board Member Phil
Gallivan. The motion was approved by a vote of 5 to o.
AGENDA INFORMATION SHEET
AGENDA DATE: September 6,2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Vance Kemler 349-8444
ACM:
Kathy DuBose
II
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative Purchasing Network
for the acquisition of recycling carts for the City of Denton Solid Waste Department by way of
an Interlocal Agreement with the City of Denton; and providing an effective date (File 3395-
Purchase of Recycling Carts awarded to Otto Industries, Inc. in the estimated amount of
$110,000).
BID INFORMATION
The Residential Curbside-Recycling Program, established in November 2002, has been a major
success. In initiating the Program, residents were delivered 35-gallon recycling carts. As the
Program further developed, customers were provided an option to increase their cart size to a
nominal sixty-eight gallon cart, if their weekly recycling volumes required the larger cart size.
There has been high demand for the larger recycling carts, and this trend is continuing.
Originally the City purchased 2,000 sixty-eight gallon carts. This inventory level currently
requires restocking. As more residents have increased their recycling, more and more sixty-eight
gallon carts are being requested, and are being provided by the Solid Waste Department.
The Buy Board base price is $42.00 per cart, however, the City prefers to include the in-molded
graphic technology on the lids for an additional $2.00 per cart. The in-molded graphic provides
visual examples, and is particularly helpful to residents in determining whether an item is
recyclable or not.
PRIOR ACTIONIREVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its August 22, 2005 meeting.
RECOMMENDA TION
Award to Otto Industries Inc. as listed on attached Exhibit A.
PRINCIPAL PLACE OF BUSINESS
Otto Industries Inc.
Charlotte, NC
Agenda Information Sheet
September 6, 2005
Page 2
ESTIMA TED SCHEDULE OF PROJECT
Delivery can be made30- 45 days from receipt of an order.
FISCAL INFORMATION
Funding for the recycling carts will be provided from Solid Waste account
660028585.1365.30100.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Quote from Otto Industries, Inc.
]-AIS-File 3395
Attaclunent 1
e
Date:
To:
From:
Re:
August 15,2005
Shirleen Sitton
Jamie Dornak
68-gallon carts
Dear Shirleen:
Thank you for the opportunity to provide the City of Denton with Otto injection molded carts. I am pleased
to offer the following price on Buvboard.com.
Quantity
2352
Construction:
Injection molded
Color:
Blue
Hot Stamping:
yes plus in mold label
Delivery:
unknown
Price
August 1, 2005 $42.50 which includes label September 1, 2005 $44.00
Term
Net 30 days.
Thank you for the opportunity to earn your business. If you have any questions or comments please feel
free to contact 713-302-3851, 713-983-7963 or me.
Best regards,
Sent via electronic fax
Jamie L. Dornak
Area Manager
Jamie Dornak - Phone: 713-302-3851- E-mail: jdornak@otto-usa.com
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF RECYCLING
CARTS FOR THE CITY OF DENTON SOLID WASTE DEPARTMENT BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN
EFFECTIVE DATE (FILE 3395-PURCHASE OF RECYCLING CARTS AWARDED TO
OTTO INDUSTRIES, INC. IN THE ESTIMATED AMOUNT OF $110,000).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network 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 on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Network programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER
VENDOR
AMOUNT
3395
Otto Industries, Inc.
Exhibit A
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, 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 and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-0RD-File 33<
Exhibit A
File #3395
Date: 9/6/05
Rec clin Carts
1
Principle Place of Business:
EA 68 GALLON CARTS
2
EA IN-MOLDED GRAPHICS
3
ESIMATED FREIGHT/TRUCKLOAD
OTTO
INDUSTRIES
Charlotte, NC
$42.00
$2.00
$1,300.00
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
FOR AUGUST 22, 2005
9:00 A. M.
DRAFT
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, August 22,2005
at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, John Baines, Bill Cheek, Phil Gallivan, Charldean Newell,
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM. /Utilities
Excused:
Dick Smith
George Hopkins
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his
designee, to implement each item in accordance with the staff recommendations. The Public
Utilities Board has received background information, staff's recommendations, and has had an
opportunity to raise questions regarding these items prior to consideration.
Listed below are bids or purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment under Consent Agenda Items 1 through 3.
Detailed information is attached to each Consent Agenda item. This listing is provided on the
Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to
approval of the Consent Agenda. If the item is pulled from consideration for separate discussion,
prior to its consideration, such item will be considered as the first item(s) taken up under the
"Items For Individual Consideration" section of the agenda, set forth below. The remaining
Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the
Public Utilities Board Members who are present.
3) Consider recommending approval of an Easement Abandonment Agreement by and between
the City of Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and
Preserve I Development, LLC for the partial abandonment of a public utility easement
recorded in Volume 4654, Page 00483 of the Real Property Records of Denton County,
Texas and being located in the Gideon Walker Survey, Abstract No. 1330, City of Denton,
Denton County, Texas (Preserve Apartments - Shady Shores Road).
Board Member Charldean Newell asked that Consent Agenda Items #1 and #2 be pulled
and discussed under Items for Individual Consideration.
Board Member Phill Gallivan moved to approve Consent Agenda Item #3 with a second
from Board Member Bill Cheek. The motion was approved by a vote of 5 to O.
ITEMS FOR INDIVIDUAL CONSIDERATION:
1) Consider recommending approval of the unit prices in Bid #3361 and awarding a three-year
agreement for the purchase of concrete electric distribution poles to Lonestar Prestress
Manufacturing, Inc., Houston, Texas, in the annual estimated expenditure amount of
$118,792.
Newell asked what was the difference between the item that was presented at the last meeting to
purchase poles and this particular item.
Sharon Mays, Electric Utility Director responded the only difference is the size of the pole being
purchased.
Board Member John Baines moved to approve Agenda Items #1 with a second from Board
Member Bob Bland. The motion was approved by a vote of 5 to o.
2) Consider recommending approval to purchase refuse and recycling carts and miscellaneous
cart materials, through Interlocal Agreements with the Houston-Galveston Area Council of
Governments (HGAC) statewide cooperative purchasing program, and the Buy Board
cooperative purchasing network, in an amount not to exceed $413,596.63
Newell asked ifby approving this item staff, would be committing to purchasing additional
carts before a decision has been made by City Council to transition to cart service.
Vance Kemler, Solid Waste Director, responded that this cart purchase is in response to the
overwhelming voluntary request for cart service.
Board Member Bland noted the increase in price of the small carts from $27.00 to $34.53.
Kemler responded that the actual size of the small container changed to be utilized by the
automatic arm on the solid waste vehicle.
Bland moved to approve Agenda Item #2 with a second from Board Member Phil
Gallivan. The motion was approved by a vote of 5 to o.
AGENDA INFORMATION SHEET
AGENDA DATE: September 6,2005
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tonya Demerson 349-8129
ACM:
Kathy DuBose
Ii
SUBJECT
Consider adoption of an ordinance accepting sealed proposals and awarding a contract for the
rental of approximately fifty six departmental monochrome copiers for the City of Denton;
providing for the expenditure of funds therefor and providing an effective date (RFP 3351-
Convenience Copier Fleet Management Solution awarded to Technifax Office Solutions in the
estimated annual amount of $83,787.24 for an estimated three year total of $251,361.72).
BID INFORMATION
The City currently rents approximately 56 analog, digital copiers and/or multi-function devices.
The existing copier procurement process includes various makes, models, and separate invoicing.
The Leadership Team along with a committee of departmental representatives recommends
consolidating the copier fleet to one vendor with customized billing. By consolidating and
centralizing copier fleet management, the City expects to gain in several areas. These include:
. Lower overall cost per copy
. Access to cutting edge technology
. Acquisition of feature-rich machines
. Reduction of demand on capital funds
. Better control through standardization
. Scalability - matching machines to demand
. Flexibility - the ability to relocate or change machines as demand changes
Pricing is calculated on a cost-per-copy basis. The quoted cost-per-copy is inclusive and covers
all costs applicable to the type of equipment and/or service being quoted. Cost-per-copy rates
include the cost of the equipment, software, consumable supplies (except paper), all parts, labor
and other service expenses.
RECOMMENDA TION
Award a contract to Technifax Office Solutions in the estimated annual amount of $83,787.24
for an estimated three-year total of $251,361.72. This amount includes a combined volume of
307,722 monthly. This amount also provides a total savings of approximately $121,301.07 over
the next three years.
Agenda Information Sheet
September 6, 2005
Page 2
PRINCIPAL PLACE OF BUSINESS
Technifax Office Solutions
Keller, TX
ESTIMA TED SCHEDULE OF PROJECT
This is a three-year contract with the option to renew for two additional one-year periods
contingent upon all terms and pricing remaining the same. The installation of copier machines
and operation training will begin within 10 days of award. The targeted completion date is
October 1, 2005.
FISCAL INFORMATION
Funding for the contract is budgeted in various department accounts. Reprographics project
account 840011744 will be reimbursed as usage occurs.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: RFP Evaluations
Attachment 2: Current Costs
1-AIS-RFP 3351
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City of Denton Equipment Inventory
Updated 8/24/2005
City Hall Canon IR 600 $ 4,704.00 $ 4,704.00
MLK Rec. Center Copystar SC-1415 $ $ $
Municipal Lab Imagistics/Pitney 9014 $ 23.28 $ 500.00 $ 779.36
Sr. Center Imagistics/Pitney C235 $ 158.18 $ $ 1,898.16
ChEast Imagistics/Pitney C550 $ 167.29 $ 107.93 $ 2,115.41
CHEast Imagistics/Pitney DL46 $ 221.58 $ 25.00 $ 2,683.96
CHEast Imagistics/Pitney DL46 $ 221.58 $ 100.00 $ 2,758.96
CHEast Imagistics/Pitney DL46 $ 221.58 $ 50.00 $ 2,708.96
MLK Rec. Center Imagistics/Pitney sm. Copier D155 $ 30.90 $ 150.00 $ 520.80
CHEast Imagistics/Pitney small copier D155 $ 55.76 $ 100.00 $ 769.12
CHEast Minolta CSPro 2010 $ 55.76 $ 100.00 $ 769.12
CHEast Minolta EP2030 $ 113.35 $ 500.00 $ 1,860.20
CHEast Minolta CSPro 2010 $ 93.90 $ $ 1,126.80
Landfill Minolta Di152 $ 60.00 $ $ 720.00
CHEast Minolta CSPro 2010 $ 106.50 $ 25.00 $ 1,303.00
Service Center Minolta Di183F $ 69.00 $ $ 828.00
Solid Waste Minolta Di2010 $ 96.00 $ 100.00 $ 1,252.00
S. Library Minolta Di251 $ 128.00 $ 40.00 $ 1,576.00
Water Works Park Minolta Di251 $ 61.00 $ 25.00 $ 757.00
Airport Minolta Di2510 $ 106.00 $ 185.00 $ 1,457.00
North Lakes Annex Minolta Di2510 $ 90.00 $ $ 1,080.00
Water plant Minolta Di2510 $ 151.00 $ $ 1,812.00
Wells Fargo Minolta Di2510 $ 125.53 $ 209.00 $ 1,715.36
Animal Services Minolta Di3510 $ 118.53 $ 100.00 $ 1,522.36
City Hall Minolta Di450 $ 377.00 $ $ 4,524.00
Service Center Minolta Di450 $ 319.00 $ $ 3,828.00
Civic Center Minolta Di470 $ 18.75 $ 200.00 $ 425.00
Fac. Mgmt. Minolta Di470 $ 212.96 $ $ 2,555.52
Fire Central Minolta Di470 $ 285.44 $ 250.00 $ 3,675.28
Solid Waste Minolta Di470 $ 276.00 $ 200.00 $ 3,512.00
Water Rec. Plant Minolta Di470 $ 235.00 $ $ 2,820.00
CHEast Minolta Di550 $ 211.90 $ 100.00 $ 2,642.80
Attachment 2
City of Denton Equipment Inventory
Updated 8/2/2005
Service Center Minolta Di550 $ 244.90 $ 100.00 $ 3,038.80
CHEast Minolta Di5510 $ 415.00 $ 50.00 $ 5,030.00
CHEast Minolta Di5510 $ 378.00 $ 100.00 $ 4,636.00
CHWest Minolta Di650 $ 548.00 $ $ 6,576.00
CHEast Minolta EP2030 $ 58.05 $ 10.00 $ 706.60
CHEast Minolta EP2030 $ 91.71 $ $ 1,100.52
Confidential Minolta EP2030 $ 53. 67 $ 25.00 $ 669.04
East Side Comm. Minolta EP2030 $ 58.05 $ 100.00 $ 796.60
Fac. Mgmt. Minolta EP2030 $ 63.25 $ $ 759.00
Fleet Services Minolta EP2030 $ 90.35 $ 15.80 $ 1,100.00
Service Center Minolta EP2030 $ 141.00 $ 75.00 $ 1,767.00
SW-Scalehouse Minolta EP2030 $ 63.25 $ $ 759.00
Traffic Control Minolta EP2030 $ 33. 00 $ 130.89 $ 526.89
Wells Fargo Minolta EP2030 $ 91.71 $ 100.00 $ 1,200.52
CHEast Gce 3045 $ 318.25 $ $ 3,819.00
Service Center Sharp AR-235 $ 236.64 $ 1,825.57 $ 4,665.25
Spencer Station Sharp AR-235 $ 179.10 $ $ 2,149.20
City Hall Sharp AR-337 $ 354.94 $ $ 4,259.28
City Hall Sharp AR-337 $ 251.80 $ $ 3,021.60
CHWest Sharp AR-M350 $ 365.60 $ 52.46 $ 4,439.66
City Hall Sharp AR-M350U $ 357.20 $ 100.00 $ 4,386.40
Service Center Sharp AR-M350 $ 309.00 $ $ 3,708.00
City Hall Sharp AR-M350 $ 367.20 $ $ 4,406.40
CHEast Xerox DC XL2140rf $ $ $
Repro/Walkup $ 9,480.44 $ 10,455.65 $ 124,220.93
2
ORDINANCE NO.
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT
FOR HIGH TECHNOLOGY PROCUREMENT FOR THE RENTAL OF APPROXIMATELY
FIFTY SIX DEPARTMENTAL MONOCHROME COPIERS FOR THE CITY OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN
EFFECTIVE DATE (RFP 3351-CONVENIENCE COPIER FLEET MANAGEMENT SOLUTION
AWARDED TO TECHNIFAX OFFICE SOLUTIONS IN THE ESTIMATED ANNUAL AMOUNT
OF $83,787.24 FOR AN ESTIMATED THREE YEAR TOTAL OF $251,361.72).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for a
high technology procurement for the rental of a copier fleet in accordance with the procedures of
STATE law and City ordinances; and
WHEREAS, the proposed contract involves a high technology procurement because copiers
will be linked to software and data processing equipment; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
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 items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER
CONTRACTOR
ESTIMATED
AMOUNT
3351
Technifax Office Solutions
$251,361.72
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals 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 Proposal
Invitations, Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-0RD-RFP 3351
~-tk-
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
DEPARTMENT:
Tax
ACM:
Kathy DuBose ..
SUBJECT
Consider approval of tax refunds for the following property taxes:
Name
Reason
Tax
Year
Amount
2.
2004 $ 508.58
4.
Haxter-Fair
2004
6.
Mortgage ServicesINicosia & 77 LP
Duplicate Payment
2004 $ 1,090.35
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 $4,705.62.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
DEPARTMENT:
City Manager's Office
CM/DCM/ACM:
Michael A. Conduff, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and the Juneteenth Committee to support future Juneteenth celebrations;
providing for the expenditure of funds therefore; and providing for an effective date.
BACKGROUND:
Council Member Pete Kamp requests her contingency funds be expended to help pay for the cost
of the creation of signs to be used in future years for community awareness purposes for the
Juneteenth festival. The total amount requested is $250.00.
RECOMMENDATION
Staff recommends approval of this ordinance ratifying the agreement between the City and the
Juneteenth Committee for the use of funds to supplement the cost of creating signs to enhance
community awareness of the annual festival.
PRIOR ACTIONIREVIEW (Council. Boards. Commission)
None
FISCAL INFORMATION
The contingency fund expenditure request is for $250.00.
Respectfully submitted:
~U~
Betty W. i~s
Director, Management and Public Information
Prepared by:
~~fjo~ cf11-e/('/l{i(,fff}
Michelle McCallum
Management Assistant, City Council
S:\QUT Documents\Ordinances\05\Juneteenth Celebration.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AU1HORIZING AND RATIFYING AN
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE JUNETEENTH
COMMITTEE TO SUPPORT FUTURE JUNETEENTH CELEBRATIONS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Juneteenth Committee (the "Organization") sponsors and organizes the
Juneteenth celebration in the City of Denton, Texas including live entertainment as part of the event; and
WHEREAS, the City Council finds that it is in the public interest to help support this community
event; and
WHEREAS, the City Council of the City of Denton hereby finds that the Program and the
agreement between the City and the Organization attached hereto and made a part hereof by reference
(the "Agreement") serve a municipal and public purpose including promotion of a significant historical
and cultural event in Denton, and positive promotion of the City of Denton to others outside of the City is
in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings set forth in the preamble of this ordinance are incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The Agreement is hereby approved and ratified and the City Manager, or his
designee's execution of the Agreement is hereby ratified. All expenditures authorized by the Agreement
are also ratified and approved.
SECTION 3. This ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, A ORNEY
BY:
AGREEMENT
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home
Rule Municipal Corporation, hereinafter referred to as "City", and "Juneteenth Committee", a
non-profit organization, hereinafter referred to as "Organization";
WHEREAS, City has determined that the Organization will perform an important public
service for the residents of Denton without regard to race, religion, color, age or national origin
by providing for events such as the Juneteenth Celebration which helps promote and celebrate an
important historical and cultural event, brings recognition to worthy citizens, and promotes the
City of Denton to others by its favorable publicity;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used: Monies may be used to help pay for the cost
and expenses directly related to the creation of signs to be used in future years for community
awareness purposes during the event, held in June of every year. Monies are not to be used to
pay overhead or salary of any individual connected with the event or for the travel and
entertainment expense of any individual connected with the event.
2. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following
terms and conditions:
A. The funds provided for in this agreement shall only be expended for the purposes set
forth in Article I above, subject to Section 4.A. and for no other purpose.
B. The Organization shall expend the funds in a manner that will allow for a tracing of
funds and a review of the specific expenditures for which the funds were utilized.
C. The Organization shall permit authorized officials of City to review its books at any
time.
D. The Organization will reduce to writing all of its rules, regulations, and policies and
file a copy with City Manager's office along with any amendments, additions, or revisions
whenever adopted.
E. The Organization shall not enter into any contracts that would encumber City funds
for a period that would extend beyond the term of this Agreement.
S:\OUT Documents\Contracts\05\Juneteenth Celebration Agreement.doc 1
F. As funds are expended, the Organization shall provide documentation in the form of
cancelled checks and corresponding receipts detailing expenditure.
G. The Organization shall appoint a representative who will be available to meet with
City officials when requested.
H. The Organization shall indemnify and hold harmless City from any and all claims and
suits arising out of the activities of Organization, its employees, and/or contractors.
I. The Organization shall submit to City copies of year-end audited financial statements.
3. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time frame:
August 22, 2005 to September 30, 2005 unless the Agreement is sooner terminated under
Section 7 "Suspension or Termination".
4. PAYMENTS
A. PAYMENTS TO ORGANIZATION. City shall pay to the Organization the sum of $250.00
to be used solely for the purposes set forth in Section 1 above.
B. EXCESS PAYMENT. Organization shall refund to City within ten (10) working days of
City's request, any sum of money which has been paid by City and which City at any time
thereafter determines:
1) has resulted in overpayment to Organization; or
2) has not been spent strictly in accordance with the terms of this Agreement; or
3) is not supported by adequate documentation to fully justify the expenditure.
C. DEOBLIGATION OF FUNDS/REVERSION OF ASSETS. In the event that actual
expenditures deviate from Organization's provision of a corresponding level of performance City
hereby reserves the right to reappropriate or recapture any such under expended funds. If City
finds that Organization is unwilling and/or unable to comply with any of the terms of this
Agreement, City may require a refund of any and all money expended pursuant to this
Agreement by Organization, as well as any remaining unexpended funds which shall be refunded
to City within ten working days of a written notice to Organization to revert these financial
assets. The reversion of these financial assets. shall be in addition to any other remedy available
to City either at law or in equity for breach of this Agreement.
S:\Our Documents\Contracts\05\Juneteenth Celebration Agreement.doc2
D. AGREEMENT CLOSE OUT. Organization shall submit the Agreement close out package
to City, together with a final expenditure report, for the time period covered by the last invoice
representing final expenditure of funds under this Agreement, within fifteen (15) working days
following the close of the Agreement period. Organization shall utilize the form agreed upon by
City and Organization.
5. EVALUATION
Organization agrees to participate in an implementation and maintenance system whereby
the services can be continuously monitored. Organization agrees to make available its financial
records for review by City at City's discretion. In addition, Organization agrees to provide City
the following data and reports, or copies thereof:
A. All external or internal audits. Organization shall submit a copy of the annual
independent audit to City within ten (10) days of receipt.
B. All external or internal evaluation reports.
C. Until such time as all disbursed funds have been expended and all document
submissions are complete, the Organization agrees to submit quarterly financial statements in
July, October, January, and April. Each statement shall include current and year-to-date period
accounting of all revenues, expenditures, outstanding obligations and beginning and ending
balances. Quarterly financial reports shall be submitted to the City within 15 working days after
the quarter has been completed.
E. An explanation of any major changes in program services.
F. To comply with this section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the
services performed under this Agreement. Organization's record system shall contain sufficient
documentation to provide in detail full support and justification for each expenditure.
Organization agrees to retain all books, records, documents, reports, and written accounting
procedures pertaining to the services provided and expenditure of funds under this Agreement
for five years.
G. Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and benefit
of services provided under this Agreement.
6. DIRECTORS' MEETINGS
During the term of this Agreement, Organization shall deliver to City copies of all notices
of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall
be delivered to City in a timely manner to give adequate notice, and shall include an agenda and
S:\OUf Documents\Contracts\05\Juneteenth Celebration Agreement.doc 3
a brief description of the matters to be discussed. Organization understands and agrees that
City's representatives shall be afforded access to all meetings of its Board of Directors.
Minutes of all meetings of Organization's governing body shall be available to City within
ten (10) working days of approval.
7. SUSPENSION OR TERMINATION
A. The City may terminate this Agreement for cause if the Organization violates any
covenants, agreements, or guarantees of this Agreement, the Organization's insolvency or filing
of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or
regulation to which it is bound under the terms of this Agreement. The City may terminate this
Agreement for other reasons not specifically enumerated in this paragraph.
B. The City may terminate this Agreement for convenience at any time. If the City
terminates this Agreement for convenience, Organization will be paid an amount not to exceed
the total amount of accrued expenditures as of the effective date of termination. In no event will
this compensation exceed an amount that bears the same ratio to the total compensation as the
services actually performed bears to the total services of Organization covered by the
Agreement, less payments previously made.
In case of suspension, City shall advise Organization, in writing, as to conditions precedent
to the resumption of funding and specify a reasonable date for compliance.
In case of termination, Organization will remit to City any unexpended City funds.
Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have
arising out of this Agreement.
8. EOUAL OPPORTUNITY AND COMPLIANCE WITH LAWS
A. Organization shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
B. Organization will furnish all information and reports requested by City, and will
permit access to its books, records, and accounts for purposes of investigation to ascertain
compliance with local, State and Federal rules and regulations.
C. In the event of Organization's non-compliance with the non-discrimination
requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
Organization may be barred from further contracts with City.
9. WARRANTIES
ORGANIZATION represents and warrants that:
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A. All information, reports and data heretofore or hereafter requested by City and
furnished to City, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written notice to
City.
B. Any supporting financial statements heretofore requested by City and furnished to
City, are complete, accurate and fairly reflect the financial conditions of Organization on the date
shown on said report, and the results of the operation for the period covered by the report, and
that since said data, there has been no material change, adverse or otherwise, in the financial
condition of Organization.
C. No litigation or legal proceedings are presently pending or threatened against
Organization.
D. None of the provisions herein contravenes or is in conflict with the authority
under which Organization is doing business or with the provisions of any existing indenture or
agreement of Organization.
E. Organization has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of Organization are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization to City.
Each of these representations and warranties shall be continuing and shall be deemed
to have been repeated by the submission of each request for payment.
10. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. Organization cannot significantly change the nature, intent, or scope of the
program funded under this Agreement without the prior written approval of the City.
C. It is understood and agreed by the parties hereto that changes in the State, Federal
or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without written
amendment hereto, and shall become a part of the Agreement on the effective date specified by
the law or regulation.
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D. Organization agrees to notify City of any proposed change in physical location for
work performed under this Agreement at least thirty (30) calendar days in advance of the change.
E. Organization shall notify City of any changes in personnel or governing board
composition.
F. It is expressly understood that the transfer of funds between or among programs
of the Organization will not be permitted.
11. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that City is
contracting with Organization as an independent contractor and that as such,
Organization shall save and hold City, its officers, agents and employees harmless from all
liability of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever resulting
in whole or in part from the performance or omission of any employee, agent or
representative of Organization.
B. Organization agrees to provide the defense for, and to indemnify and hold
harmless City its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorney fees, expenses, and liability arising out of the
use of these contracted funds and program administration and implementation except to
the extent caused by the willful act or omission of City, its agents or employees.
12. CONFLICT OF INTEREST
A. Organization covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. Organization further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
B. Organization further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use hislher position for a purpose
that is or gives the appearance of being motivated by desire for private gain for himself/herself,
or others; particularly those with which he/she has family, business, or other ties.
C. No officer, member, or employee of City and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or carrying
out of this Agreement shall participate in any decision relating to the Agreement which affects
his personal interest or the interest in any corporation, partnership, or association in which he has
direct or indirect interest.
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13. NEPOTISM
Organization shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by Organization, or is a member of
Organization's governing board. The term "member of immediate family" includes: wife,
husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece,
step-parent, step-child, half-brother and half-sister.
14. NOTICE
Any notice or other written instrument required or permitted to be delivered under the
terms of this Agreement shall be deemed to have been delivered, whether actually received or
not, when deposited in the United States mail, postage prepaid, registered or certified, return
receipt requested, addressed to Organization or City, as the case may be, at the following
addresses:
CITY
ORGANIZATION
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
Juneteenth Committee
Attention: Jackie Sasser
1300 Wilson Street
Denton, Texas 76205
Phone: 940.349.8575
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
15. MISCELLANEOUS
A. Organization shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to Organization hereunder, or any other act or failure of
City to insist in anyone or more instances upon the terms and conditions of this Agreement
constitute or be construed in any way to be a waiver by City of any breach of covenant or default
which may then or subsequently be committed by Organization. Neither shall such payment, act,
or omission in any manner impair or prejudice any right, power, privilege, or remedy available to
City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this provision.
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D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto
pertaining to the interpretation or meaning of any part of this Agreement or its governing rules,
codes, laws, ordinances, or regulations, City as the party ultimately responsible for matters of
compliance, will have the final authority to render or to secure an interpretation.
F. This Agreement shall be interpreted in accordance with the laws of the State of Texas
and venue of any litigation concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of ,2005.
CITY OF DENTON, TEXAS
BY:
MICHAEL A. CONDUFF,CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
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ATTEST:
BY:
ORGANIZATION SECRETARY
S:\Our Documents\Contracts\05\Juneteenth Celebration Agreement.doc 9
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
DEPARTMENT:
Planning and Development
Jon Fortune, Assistant City Manager P
ACM:
SUBJECT
Consider adoption of an ordinance amending the Development Review Fee Schedule for minor
amendments to planning application fees. (SI05-0017)
BACKGROUND
The last major overhaul of the development review fee schedule, with the exception of the new
engineering fees, was done in 1999. This set of amendments aims to capture fees for
applications for which there was no specific item on the fee schedule and for consistency in
notification fees. The Council discussed these amendments in work session on July 19,2005 and
directed the staff to eliminate the proposed fee for Environmentally Sensitive Area Assessments
and to consider bringing that back at a later time. That amendment has been accomplished.
A. Fees for Processin2 and Reviewin2 Not Shown on Current Fee Table
This proposal to amend planning fees does not propose any amendments to the maj or fees
currently charged by the City of Denton; therefore, the preliminary and final platting fee (for
planning) as well as the zoning fees are not proposed to be changed at this time and have not
been amended since 1999. In a survey of several cities in the Metroplex, staff found that other
cities do not have the equivalent of an alternative development plan or general development plan
or environmentally sensitive areas analysis or gas well plat, although three cities are currently
drafting gas well ordinances. For the majority of the fees in Table 1 below, fees have been
interpolated by staff and charged over the last several years. For example, for an alternative
development plan (which is treated like a zoning case but which was not a fee specified on the
Fee Ordinance), staff charged the "zoning fee". This amended ordinance sets forth "Alternative
Development Plan" as a specific fee so that the fee amount is clear and that the authority for the
fee is now clearly in place. Staff is continuing to monitor the current fee schedule and with
upcoming improved cost of service data may consider recommending other fee changes.
I Table 1. Fee Classification Proposal I
1. Amendment to gas well plat
2. Zoning Verification letters: adding certificate of occupancy, subdivision,
violation and expedited review
3. Amendment to specific use permit
4. Overlay District
5. Alternative Development Plans
6. Historic Conservation District
7. Tree Mitigation
8. Local Permit
9. Copies
10. Maps
11. Review of applications not associated with plats or rezoning
B. Fees for Notifications to achieve consistency
The city currently charges notification fees (cost of newspaper publishing and postage) on
zoning, residential replat, and ZBA variances, for example, but they are not explicitly set forth in
the current fee schedule. These amendments would specifically add notification fees (newspaper
publishing and postage) to the fee schedule for the following applications: annexation, amending
plat and replat, board of adjustment variance, overlay district, amendment to specific use permit,
comprehensive plan amendment, zoning change, extension of a specific use permit, amendment
to a specific use permit, planned development detail plan amendments, historic landmark and
conservation districts, and special exceptions requiring Council approval, will be charged. The
notification fees are charged in order to recover the cost of newspaper advertising and postage
and should equitably be charged to all applications for which notice is required in either the state
law or the Denton Code.
C. Deleted Fees
The deleted fees are based on an interim ordinance that is no longer in place and on PD's; since
new PD's were eliminated in 2002, this fee is proposed for elimination.
1. Planned Development District Detail Plan
2. Zoning Plan (Interim Ordinance)
3. Proj ect Plan (Interim Ordinance)
4. Design Plan (Interim Ordinance)
D. Ri2ht of Wav Fees
Right of way staff polled several surrounding cities concerning their right of way fees. Most of
the towns smaller than Denton had no processing fees and rarely processed abandonments. (See
Table 2, below.) The City of Fort Worth charges $300.00 for easement abandonment processing
and $500.00 for street right-of-way abandonments plus fair market value. The City of McKinney
charges $100.00 for any type of abandonment application, while the City of Frisco charges
$100.00 for easement abandonment. The City of Irving charges a $150.00 abandonment
application fee. Cities that do not charge application fees for abandonments include Carroll ton,
Piano, and Farmer's Branch. The City of Dallas seems to be the most progressive city in
recapturing staff costs to process real estate related transactions. Dallas has a very detailed
process established for abandonments, and leasing/licensing their public right-of-way. For
easement abandonments they charge a $2,500.00 non-refundable application fee and a $50.00
recording fee. If the area to be abandoned is a street, alley or storm water management area, then
the applicant must provide an additional $2,500 appraisal fee, any excess to be applied to the
actual purchase price of the subj ect abandonment tract. For right-of-way use agreements/license
agreements they charge a $750.00 application fee plus a $50.00 recording fee.
Table 2. Existin2 Ri2ht of Way Fees 2005
City* Abandon Easement Fee Abandon Street Fee
Dallas $2500 $2500 (for appraisal)
Fort Worth 300 500+ fair market value
McKinney 100 100
Irving 150 N/A
Frisco 100 N/A
Denton 0 0
*Cities not charging this fee include Carrollton, Piano, and Farmers Branch.
Source: Denton Staff Survey, 2005
On a very simple easement abandonment Denton staff usually spends about 10-15 hours of staff
time. Most abandonments are not simple especially if there are utilities to be relocated in
conjunction with the easement abandonment. Right-of-Way Use Agreements and Street Right-
of-Way Sales are more complex and sometimes require more staff time. (First StreetINayfa is a
good example.) The ROW fee structures, as proposed, will not cover the City's cost to process
any of the transaction types, although our goal was to try to capture about 50% of the cost on
average. These fees are reasonable enough to afford smaller tract owners who have
title/easement issues to be able to obtain reasonably priced solutions for their properties. The
right of way fee proposal is contained in the attached ordinance.
A two-tiered process in envisioned for City staff to undertake a request that applies to City
owned real estate and land rights. The initial application requires some due diligence on an
internal level to determine if there is staff support of the desired outcome by the applicant. If
there is a positive staff recommendation for the application, then the request can be taken
forward upon the receipt of the published processing fee. If there are technical or legal
circumstances that exist or financial thresholds that cannot be eclipsed by either the applicant or
other entities involved, then the course of action ceases with nominal financial impact to the
applicant.
E. New Fee
A fee for all reviews (on plats) beyond the first two is added to track the engineering review
process in which the City is seeking high quality first submittals from applicants.
Future Fees
The Planning and Development Department continues to evaluate the current fee structure. Cost
of service data is being collected and will be evaluated to determine in additional fee increases
are warranted.
OPTIONS
1. Adopt the ordinance.
2. Deny the ordinance.
3. Table the ordinance and seek additional information.
PRIOR ACTIONIREVIEW (Council)
Council adopted fees for engineering development review at its June 21,2005 meeting.
Council discussed the proposed revisions at its July 19, 2005 work session and directed staff to
provide an ordinance to adopt the proposed fee changes.
ATTACHMENTS
1. Fee Schedule Ordinance
Respectfully submitted by
~~
Kelly Carpenter, AICP
Planning and Development Director
S: \Our Documents\Ordinances\05\Planning Development Review Fee Schedule Change. doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF
FEES CONTAINED IN ORDINANCE 2004-060 BY ADOPTING A NEW PLANNING
DEVELOPMENT REVIEW FEE SCHEDULE AS AUTHORIZED BY THE DENTON
DEVELOPMENT CODE FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS
FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES,
CERTIFICATES, VARIANCES, SPECIAL EXCEPTIONS OR DESIGNATIONS REQUIRED BY
THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE
CODE OF ORDINANCES; PROVIDING FOR A REPEAL OF ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton has been presented with anew Planning
Development Review Fee Schedule which is attached hereto and made a part hereof as Exhibit "A"
(the "Planning Fee Schedule"); and
WHEREAS, the City Council finds that the fees imposed by the Planning Fee Schedule are in
the public interest and do not exceed the reasonable cost to the City in providing the review of the
applicable development applications; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance 2004-060 is hereby amended by the adoption of the Planning Fee
Schedule for all purposes and authorized to be imposed for the filing of applications, review,
approval, grant or issuance of plats, plans, permits, licenses, certificates, variances or designations
required by the Subdivision Rules and Regulations and Zoning Regulations set forth in the Denton
Development Code.
SECTION 3. This ordinance shall repeal every prior ordinance in conflict herewith, but only
insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the
ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative
except as to such prior ordinances or portions thereof as are expressly repealed hereby.
SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas herebydec1ares it would have enacted such
remaining portions despite any such invalidity.
SECTION 4. This ordinance shall become effective immediately after its passage and
PAGE 1
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approval.
PASSED AND APPROVED this the _ day of
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDE TY ATTORNEY
BY:
PAGE 2
. 2005.
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PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 voice: (940) 349-8350 fax: (940) 349-7707
www.citvofdenton.com EXHIBIT A
Development Review Fee Schedule
(Amended July 2005)
2 Preliminary or Final Conveyance or Development Plat
SF & 2F: $200 + $6/10t
All Others: $200 + $10 1 acre
Residential: <10 lots: $200 + $6 /lot
Residential: >10 lots: $300 + $10 /lot
Nonresidential: $300 + $151 acre
$250 (+ Notification Fees)
$300 + $6 1 acre
$250
$100
$250
$100 + $15/acre
3 Preliminary or Final Plat
4 Amending Final or Amending Preliminary Plat 1 Replat
5 Minor Plats
6 Each additional review beyond the second review for all types of plats
7 Extension of Time for Plat
8 Vacation of Plat
9 General Development Plan
10 Gas Well Plat
11 Amendment to a Gas Well Plat
12 Watershed Protection Permit
13 Gas Well Inspection Fee
14 Tree mitigation as required per S 35.22.8.c.iii
$200 + $6 1 acre
$250
$1,300 per well
$1,200 per well
$125 per inch
17 Zoning Verification Letter
$ 25 per zoning request per site
$ 25 per Certificate of Occupancy request per site
$ 25 per Subdivision request per site
$ 25 per Violation request per site
Fees are doubled if 24 hour response is requested.
$750 (+ Notification Fees)
0- 5 acres: $1,500
5 +- 25 acres: $2,000
25 +- 50 acres: $3,000
50 + acres: $4,000 + $101 acre
(+ Notification Fees)
0- 5 acres: $850
5 +- 25 acres: $1,250
25 +- 50 acres: $2,000
50 + acres: $2,000 + $101 acre
(+ Notification Fees)
$250 (+ Notification Fees)
$1,500 + $651 acre
$250 + additional $100 if processed administratively
(+ Notification Fees)
$250
$1,000 + $251 acre (+ Notification Fees)
$250 + additional $100 if processed administratively
(+ Notification Fees)
$250
$ 500 (+ Notification Fees)
18 Annexation Petition
19 Comprehensive Plan Amendment
20 Zoning Change (includes PO Concept Plans) and Alternative Site Plan
21 Overlay District
22 Specific Use Permit
23 Amendment to Specific Use Permit
24 Extension of Time for Specific Use Permit
25 Planned Development District: Detailed Site Plan
26 Planned Development District Detailed Site Plan Minor Amendment
27 Planned Development District Detailed Site Plan Time Extension
28 Special Exception requiring City Council action
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PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 voice: (940) 349-8350 fax: (940) 349-7707
www.citvofdenton.com EXHIBIT A
Development Review Fee Schedule
(Amended July 2005)
29
Non-Single-family Site Plan Review (including landscaping and
architectural review)
$0.03 per square foot of proposed building with a $50
Minimum and not to exceed $1,500
0- 5 acres: $400
5 +- 25 acres: $600
25 +- 50 acres: $1,000
50 + acres: $1,000 + $51 acre
30
Alternative Development Plans (includes Alternative Landscape Plans
35
36
37
38
Current Postal Rate for Certified Mail + $.055 - each
Current Postal Rate for First Class Mail - each
$65 each
$100 each
Annexation - $350
Zoning - $70
39
Public Hearing Legal Notice for Property Owners within 200 feet
Public Hearing Courtesy Notice for Residents within 500 feet
Public Hearing Sign - 2'X3' for road frontages of 45 or less mph
Public Hearing Sign - 3'X4' for road frontages of 45+ mph
Publication Fees (Public hearing notices, ordinance publications and
annexation descriptions)
40
41
42
43
$100 Application Feel$750 processng fee
$100 application and $500 processing
$100 application and $750 processing fee
$100.00 application and $500 processing fee
$100 and $500 processing fee
Street 1 Alley 1 ROW Abandonment Request
Easement Abandonment Request
ROW Use Agreement Request
Easement Encroachment Agreement Request
44
Request for Easement on City Property
47
8 Y, x 11 = $0.101 copy
11 x 17 = $0.25 1 copy
24 x 36 = $61 copy
36 x 36 = $71 copy
36 x 48 = $81 copy
8 y, x 11 = $5 1 copy
11 x 17 = $101 copy
24x36=$12/copy
36 x 36 = $1 4 1 co py
36 x 48 = $1 6 1 co py
$30.00 per hour ($30.00 min)
$200
Black and White Copies
48
Color Copies
49
50
Preparation of custom maps
Water - Sewer - Drainage map books
NOTE: The notification fees for items #'s 4,16,18,19,20,21,23,25,26,28,33, and 34 will be collected at least five days in
advance of mailings and sign postings.
Failure to pay fees will result in removal from scheduled agenda.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
DEPARTMENT:
Utilities
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider the adoption of an Ordinance approving a Real Estate Contract between Mayhill
Denton, L.P., as Seller and the City of Denton, Texas as Purchaser for a tract ofland consisting
of approximately 3.676 acres located in the Gideon Walker Survey, Abstract No. 1330, in the
City of Denton, Denton County, Texas; authorizing the expenditure of funds and providing an
effective date thereof. (The Public Utilities Board recommends approval by a vote of 5-0.)
BACKGROUND
This request is for the approval to purchase a 3.676-acre tract of land adjacent to the existing
1.719 acre Pockrus Electric Substation. The proposed land purchase will provide the necessary
land for the current expansion of the Pockrus Electric Substation, and also will provide room for
future electric transmission needs. The Public Utility Board recommended this item for approval
on August 8, 2005 (5-0).
The proposed Earnest Money Contract is in the City's standard format, with the seller paying the
cost of title, survey, and one half of the standard and customary closing costs. The City will
provide $5,000 in earnest money upon City Council approval of the contract. The City has a 30-
day inspection period to perform due diligence studies. The closing is set for October 31, 2005,
at the seller's request. The purchase price is $725,000 for the 3.676 acres.
OPTIONS
1. Approve the Real Estate Contract
2. Propose other terms of purchase
3. Not approve the purchase and accept the reliability risk
RECOMMENDA TION
DME recommends approval of the Real Estate Contract
ESTIMA TED SCHEDULE
If the Contract is approved, the closing is scheduled for October 31, 2005 (at the Seller's
request).
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
PUB unanimously recommended approval on August 8,2005.
FISCAL INFORMATION
Purchase Price of $725,000.00 plus an estimated $2,500.00 for standard and customary closing
costs.
BID INFORMATION
Not applicable
EXHIBITS
1. Ordinance
All Agenda materials were forwarded to the City Council for consideration during Closed
Session on this date.
Respectfully submitted,
.. II III!
Sharon Mays
Director of Electric Utilities
Electric Administration
Paul Williamson, Real Estate Manager
S:\Our Documents\Ordinances\05\Mayhill Denton Real Estate Contract Ord.pdf.DOC
ORDINANCE NO.
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN MAYHILL
DENTON, L.P., AS SELLER AND THE CITY OF DENTON, TEXAS AS PURCHASER FOR
A TRACT OF LAND CONSISTING OF APPROXIMATELY 3.676 ACRES LOCATED IN
THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Real Estate Contract attached hereto and made a part hereof by
reference (the "Contract") is hereby approved. The City Manager or his designee is hereby
authorized to execute the Contract on behalf of the City and to carry out the City's rights and
duties therein, including the expenditure of funds provided therein.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
EDWINM. SNYDER ~ ATTORNEY
BY:
EXHIBIT 1
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
DEPARTMENT:
Utilities
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider the adoption of an Ordinance approving a Real Estate Contract between the City of
Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and Preserve I
Development, LLC. for the partial abandonment of a public utility easement recorded in Volume
4654, Page 00483 of the Real Property Records of Denton County, Texas and being located in
the Gideon Walker Survey, Abstract 1330 (Preserve Apartments - Shady Shores Road). (The
Public Utilities Board recommends approval by a vote of 5-0.)
BACKGROUND
This request is for the approval to partially abandon an easement that extends approximately 400
feet into the proposed building site of the Preserve Apartments. The Preserve Apartment
development is located approximately 100 feet northeast of the intersection of Shady Shores road
and the Rail Trail. The developer has agreed to pay DME for the partial release of the easement
and to compensate for reworking the existing electric facilities.
The Public Utility Board recommended this item for approval on August 22,2005 (5-0).
OPTIONS
1. Recommend that the City Council approve the proposed easement abandonment
2. Do not recommend that the City Council approve the proposed easement abandonment
3. Table for future consideration
RECOMMENDA TION
DME and the City Real Estate and Capital Support staff recommends approval of this agreement.
ESTIMA TED SCHEDULE
If the City Council approves the abandonment the paperwork will be processed following the
approval.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
PUB unanimously recommended approval on August 22,2005.
FISCAL INFORMATION
$14,712.16 payment to DME by the Developer for the partial easement release and the re-work
of the existing DME facilities.
BID INFORMATION
Not applicable
EXHIBITS
1. Ordinance
All Agenda materials were forwarded to the City Council for consideration during Closed
Session on this date.
Respectfully submitted,
111:[1:111:
..................................................................
Sharon Mays
Director of Electric Utilities
Electric Administration
Paul Williamson, Real Estate Manager
ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE HARRIEL GROUP, WESTOVER RESIDENTIAL COMPANY, LTD., AND
PRESERVE I DEVELOPMENT, LLC. FOR THE PARTIAL ABANDONM:ENT OF A
CERTAIN PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 4654, PAGE 00483
OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING IN
THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE .
CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (pRESERVE
APARTMENTS - SHADY SHORES ROAD)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Easement Abandonment Agreement between the City of Denton and
the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC in
substantially the form of the agreement attached hereto and made part of the ordinance for all
purposes (the "Agreement") is hereby approved.
SECTION 2. The City Manager or his designee is hereby authorized to execute the
Agreement on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM" S~Y AITORNEY
BY:~
EXHIBIT 1
AGENDA INFORMATION SHEET
AGENDA DATE: September 6,2005
DEPARTMENT: Parks and Recreation
ACM:
Howard Martin, Utilities 349-8232
..
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of a church musical
revival, "One Voice, One Sound" sponsored by St. Emmanuel Missionary Baptist Church on
Sunday, September 25th in Fred Moore Park. The exception is specifically requested for an
exception of hours of operation on Sundays for an outdoor music festival.
BACKGROUND
One Voice, One Sound is a church musical revival event open to all church groups and the
general public. The event will be held on Friday, September 23 through Sunday, September 24th.
The hours will be from 6:00 p.m. to 9:30 p.m.
Amplified sound will be used for both music and public announcements.
PRIOR ACTIONIREVIEW (Council, Boards or Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
1. Request letter from Earl Garden with St. Emmanuel Missionary Baptist Church
Janet Fitzgerald
Director of Parks and Recreation
Prepared By:
~"""~'~:'
".'""",m:""
Janie McLeod
Community Events Coordinator
1
AGENDA INFORMATION SHEET
AGENDA DATE: September 6,2005
DEPARTMENT: Parks and Recreation
ACM:
Howard Martin, Utilities 349-8232
..
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the 8th Annual
Denton Bluesfest 2005 music festival, sponsored by the Denton Black Chamber of Commerce.
The event will take place at the North Texas Fairgrounds on Saturday, September 17, 2005, from
4:00 p.m. to 12:00 a.m. The exception is specifically requested for an increase in the decibels to
70 and for an exception of hours of operation for an outdoor music festival.
BACKGROUND
Elihu Gillespie, Chairman of the Denton Black Chamber of Commerce has requested an
exception to the Noise Ordinance and expects to have 2,500 people in attendance to hear
conventional Blues with national and local Blues artists performing. Proceeds from this event
will be used to help their annual scholarship and Young Minority Entrepreneur Program.
Amplified sound will be used for both music and public announcements.
PRIOR ACTIONIREVIEW (Council, Boards or Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
1. Request Letter from the Denton Black Chamber of Commerce
Janet Fitzgerald
Director of Parks and Recreation
Prepared By:
~m~~
Janie McLeod
Community Events Coordinator
1
AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT:
Electric Utility
..
ACM:
Howard Martin, 349-8232
SUBJECT
Consi der adopti on of an Ordinance of the City of Denton, Texas, authorizing the City Manager
to pay the City's Annual dues to the Texas Public Power Association; authorizing the
expenditure of funds therefor; providing an effective date. (The Public Utilities Board
recommends approval by a vote of 5-0.)
BACKGROUND
TPP A is an association of Texas municipal electric utilities, co-operatives, and the Lower
Colorado River Authority. City Manager Mike Conduff serves as Denton's representative on the
TPP A Board.
RECOMMENDA TIONS
Approve payment of the TPP A annual dues.
FISCAL INFORMATION
The cost of TPP A annual dues is $31,293.59.
EXHIBITS
1. Ordinance
Sharon Mays
Director of Electric Utilities
1
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO PAY THE CITY'S ANNUAL DUES TO THE TEXAS PUBLIC POWER
ASSOCIATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has considered and approved the payment of the City of
Denton, Texas annual dues, now due and owing, to the Texas Public Power Association
("TPP A"), an association of municipal electric utilities and cooperatives in the State of Texas, in
the amount of $31,293.59 in order to maintain membership and to continue receiving the benefits
of being a member of the organization; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager shall pay the sum of $31,293.59 directly to the
Texas Public Power Association, for annual dues for the current accounting period.
SECTION 2. That the expenditure of funds as herein provided is hereby authorized.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
WtJiMffD
By:
S :IOur DocumentslOrdinancesl051 TPP A 2005 Payment of Dues ord.doc
EXHIBIT 1
1
2
3
4
5
CITY OF DENTON, TEXAS
PUBLIC UTILITIES BOARD MEETING AGENDA
FOR AUGUST 22, 2005
9:00 A. M.
DRAFT
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Public Utilities Board convened into an Open Meeting on Monday, August 22,2005
at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
Street, Denton, Texas.
Present:
Bob Bland, John Baines, Bill Cheek, Phil Gallivan, Charldean Newell,
EX OFFICIO MEMBERS
Michael Conduff, City Manager
Howard Martin, ACM. /Utilities
Excused:
Dick Smith
George Hopkins
ITEMS FOR INDIVIDUAL CONSIDERATION
4) Consider approval of payment of Texas Public Power Association (TPP A) annual dues in the
amount of $31,293.59.
Mike Conduff, City Manager presented this item. Conduff reported that he serves as Denton's
representative on the TPP A Board and recommends payment of the annual dues. Conduff
explained that participation on this Board gives Denton a voice at the decision making table as
it relates to electric utility matters. Conduff acknowledged to the Board that the payment of
$31,293.59 seems expensive, but staff feels that the benefit gained from being apart of this
organization is worth the cost.
Bland asked what was last year's payment. Mays responded that last year's annual payment was
approximately $27,000.
Gallivan asked how may members are on the Board. Conduff responded that there are 17 board
members allocated by the size of their respective organizations. There is also an Executive
Board, but currently, the City of Denton does not have a representative on the Executive Board.
Bill Check stated that it maybe beneficial to have a City of Denton representative on the
Executive Board.
Bland moved to approve with a second from Board Member Baines. The motion was
approved by a vote of 5 to O.
Page 1 of 1
EXHIBIT 2
AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT: Fiscal Operations
ACM:
Kathy DuBose
..
SUBJECT
Hold a Public Hearing on a proposal to adopt a tax rate of .60815 per $100 valuation, which
will exceed the lower of the rollback rate or the effective tax rate.
BACKGROUND
In the Friday, August 5, 2005, Reading File, staff provided Council with a copy of the
required notice of effective tax rate calculation that would be published in the Sunday, August
7, Denton Record-Chronicle. Municipalities are required to publish their rollback tax rates in
the newspaper, along with the effective tax rate and other required schedules. The rollback
tax rate divides the overall property taxes into two categories-maintenance and operations
(M&O) taxes and debt service taxes. By law, the rollback rate for taxing units is set at an
eight percent (8%) increase in operating (M&O) taxes. The effective tax rate is generally the
property taxes divided by the current year's taxable value of properties that were on the tax
roll in both years. This rate excludes taxes on properties no longer in the taxing unit and also
excludes the current taxable value of new properties (growth). The City of Denton's effective
rate is $.57809/$100 valuation and the rollback rate is $.62375/$100 valuation.
The Texas Property Tax Code mandates specific publications to be provided by the City. The
code specifies that "When a proposed rate exceeds the lower of the rollback rate or the
effective rate, the taxing unit's governing body must vote to place a proposal to adopt the rate
on the agenda of a future meeting as an action item." Senate Bill 18 was passed during the
79th Regular Session of the Texas Legislature. One of the new requirements of this bill is that
two public hearings must be held on proposed tax increases, with the second hearing
occurring at least three days after the first. The proposed 2005-06 budget includes a .60815
tax rate and exceeds the effective tax rate; therefore, it requires two public hearings.
ESTIMA TED SCHEDULE
8/16/05
9/06/05
9/13/05
9/20/05
Vote to Place Proposal on Future Agenda
Hold First Public Hearing
Hold Second Public Hearing
Adopt Tax Rate
Agenda Information Sheet
September 6, 2005
Page 2
PRIOR ACTIONIREVIEW
On August 8 and August 16, 2005, Council met and discussed the tax rate.
FISCAL INFORMATION
The proposed property tax rate is $.60815/$100 valuation for the 2005-06 proposed budget.
EXHIBITS
Notice of Public Hearings
~Res.pectfullAY s~b~mit~ed:
: ~ ; .', ",
\:.L-",_ - ~ :"
. t '"0 ~ I ~
. _ -_ _ __ ;iII~. ,.,.
Diana G. Ortiz
Director of Fiscal Operations
Notice of Public Hearing
on Tax Increase
Last year, the City of Denton property tax rate was $.59815 per
$100 valuation. That rate raised $26,168,727, a portion of
which was used to fund operations such as:
- Police Services
- Fire/EMS Services
- Street Maintenance
- Parks and Recreation
- Library Services
- Payment of Debt Obligations
- Permitting/Inspection
- Animal Control
This year, the City of Denton is proposing a property tax rate of
$.60815 per $100 valuation. That rate would raise
$29,126,595, which is $2,957,868 more than taxes imposed
last year.
There will be two public hearings to consider that increase.
The first public hearing will be held on September 6, 2005, 6:30
p.m. at City Hall, Council Chambers, 215 E. McKinney St.,
Denton TX. The second hearing will be held on September 13,
2005, 6:30 p.m. at City Hall, Council Chambers, 215 E.
McKinney St., Denton TX.
You have a right to attend the hearings and make comments.
You are encouraged to attend and make comments if you wish.
AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT: Management and Budget
ACM: Kathy DuBose
SUBJECT
Hold a public hearing and receive citizen input on the 2005-06 proposed budget.
BACKGROUND
City Charter and State Law require that prior to budget adoption, a public hearing be conducted
to allow citizens the opportunity to provide input on the proposed budget. The required notice
has been published and a public hearing has been scheduled as required.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
The proposed budget was delivered to City Council on July 30, 2005 and was discussed at
budget workshops held on August 8,2005.
FISCAL INFORMATION
The proposed 2005-06 budget totals $359,119,000 in estimated resources and $357,463,116 in
estimated expenditures.
Respectfully submitted:
Kathy DuBose
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT: Planning and Development Department
CM/DCM/ACM: Jon Fortune, Assistant City Manager
SUBJECT - Z05-0007: (Classic Mazda)
Hold a public hearing and consider adoption of an ordinance regarding an amendment to
the Detailed Plan for Planned Development 12 (PD-12) zoning district for approximately
1.775 acres. The subject property is generally located 1,100 feet northwest of Lakeview
Boulevard and I-35E frontage road intersection. The Planning and Zoning Commission
recommends approval (5-1).
BACKGROUND
Applicant: Speed Fab-Crete Corporation
Fort Worth, TX
The applicant is requesting to amend PD-12 for site plan changes to allow the
construction of an auto dealership. Public notification information is provided in
Attachment 3. As of this writing, staff has received no responses from property owners
within 200 feet of the subject site.
OPTIONS
1. Approval as submitted.
2. Approve with conditions
3. Deny
4. Postpone consideration.
5. Table item.
RECOMMENDA TION
The Planning and Zoning Commission
recommends approval (5-1)
PRIOR ACTIONIREVIEW
This planned development was adopted in 1986 and has had several amendments.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Publi c N otifi cati on (Property Owner N otifi cati on Map)
4. Site Photos
5. Site Plan
6. Letter of Intent
7. P&Z Minutes of July 27, 2005
8. Ordinance
Prepared by:
~~
Lori Shelton
Planner II
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary of Zoning Request
The applicant is requesting the approval of a Detailed Plan for Planned Development 12
(PD-12) zoning district for approximately 1.775 acres, generally located 1,100 feet
northwest of Lakeview Boulevard and I-35E frontage road intersection.
Existing Condition of Property
The property is currently undeveloped.
Adiacent zoning and land uses.
North:
South:
East:
West:
Interstate Highway 35 West
City of Corinth
Interstate Highway 35 West
Planned Development 12 (PD-12) (developed commercial)
Comprehensive Plan Analysis
The subject site is located within a "Regional Mixed Use Center" future land use area.
Regional Mixed Use Centers are intended to contain the shopping, services, recreation,
employment and institutional facilities supported by and serving an entire region. A
regional activity center could contain developments such as a regional shopping mall, big
box retail, superstores, restaurant and entertainment facilities, a high school or
community college, and high-density housing.
The request to amend PD-12 to allow the development of an auto dealership is
compatible with the Future Land Use Plan (Regional Mixed Use Center) and with the
surrounding zoning designations. The proposed planned development amendment is in
compliance with the Denton Plan.
Development Review Analysis
Access and Capacity
The property will be accessed from the 1-35 frontage road. The access will meet TxDOT
standards.
Public Infrastructure
The city tile maps show an 8" water line that runs along 1-35 frontage road.
Development Code / Zoning Analysis
Staff asked the applicant to meet the standards and requirements of Regional Center
Commercial Downtown (RCC-D). RCC-D allows auto dealerships in the Regional Mixed
Use Center future land use category. The proposed amendment to the planned
development meets those standards as well as other current development regulations.
3
ATTACHMENT 2
Maps
NORTH
LOCATION AND ZONING MAP
FUTURE LAND USE MAP
2
ATTACHMENT 3
Public Notification
Newspaper Notification Date: July 17, 2005
Percent of land within 200' in opposition: 0%
200' Legal Notices* sent via Certified Mail: 2
500' Courtesy Notices* sent via 151 Class Mail: 7
In Favor: 0 Opposed: 0 Neutral: 0
*A copy of the notification list can be picked up at City Hall
West, 221 N. Elm Denton TX 76201
3
ATTACHMENT 4
Site Photographs
4
View from 135 East frontage
road looking southeast.
~
z
~~;
~;(
0"
ATTACHMENT 5
Site Plan
AMENDMENT TO PLANNED DEVELOPMENT (PD-12) - DET AILED PLAN
(7!f;~
. CALLAHAN
& FREEMAN
"The"
DESIGN - BUILD TEAM
I
I, tll' ;"10 ""oo=:;;~~~~_,
5
ATTACHMENT 6
Letter of Intent
~
Design - Build General Contractor
Precast Concrete Manufacturer
P.O. BOX 15580
FORT WORTH, TEXAS 76119 ~/;Ji.,.."..'.".
Delivery: '
1150 E. MANSFIELD HWY.
KENNEDALE, TEXAS 76060 _,,~...'_N'~
f;nHjl,~~~Jll
817/478.) 137
ME:rRO 817/572-0351
FAX 8171561.2544
info @ speedfab-crete.com
www.speedfab-erete.eam
April 4, 2005
Ms. Deborah Viera
Department of Planning
City of Denton
City Hall West
221 N. Elm
Denton, TX 76201
Re: Classic Mazda
Dear Ms. Viera:
Weare pleased to submit our planned development amendment application for the
project captioned above. Classic Lincoln-Mercury Mazda is presently located at 4984
South 1-35 in Denton. Mazda North American Operations requires a separate full service
showroom and service facility to be built in order to retain the franchise. Our client has
purchased the adjoining property to the south to accommodate the Mazda requirement.
As previously discussed, this situation is unique in that the subject property is located in
two cities, Corinth and Denton. The Mazda dealership will be located within the Corinth
city limits, A used car building will also be built on the site which will be located within
the Denton city limits.
The Classic dealerships are located in Granbury, Arlington, Grapevine, and Denton.
They are locally owned (Texas) and professionally managed. The Classic dealerships
provide first class service with superior customer ratings. Mr. Richard Allen is owner
and manager of the Lincoln-Mercury-Mazda store and will manage both Corinth and
Denton properties,
We respectfully submit this application for your consideration and approval. We look
fonvard to working with the City during this application process.
S/&~A.L
Ronald A. Hamm
Vice President
RAH:lb
ATTACHMENT 7
P&z Minutes, July 27, 2005
Conde:aseltlM
,...
Page 5 Page 7
1 OJMMlSllI'CMlIl S1'IlANOO: we'n IlCIW JJlCM: to 1 Qty of Dmtcn?
2 our pabJle Jarlngs. 'Jb:; first p1lbIk: hcarbJe' tuIIlsbt is 2 MS. SBBLTON: Yes. alt.
3 I1l illDeDdmeat to IIle deCaiIed plaa for . PI8aned :3 00MMl98I0NIlR ROY. I _ to recall we had
4 Dewlupment 1'D-112XmlDg dIslrIct for llppl'OlIlme.tdy 5.155 4 . case -
5 lICRIII. Ms. Shmtnn. 5 MS. CARI'EHl1m: shady Shon:s.
6 ... SHIll.'la+. 1hmk ~ 'Jb:; tint "* , COMMISSlONRR KOY: shady Shores, lhat I
7 up hr.R; is !be: kacation map. 'I1IIs pt'OJlCl'ty ;s ~ on 7 thouaht we said we \WlI'C soiuB to improYe lhat or dmosc
8 Ibo borda' of DcuIoilIllld Corinth, lbo: JRlCU Iiuc lac llII 8 11m or do llOJl'ICIhiDg to try W bo II little bit mor\l
9 1hu display showI1hB city IlmIt Iinlla. Ta fIIlloorlbren 9 liiendly w our neighboring oommuni1ics.
10 Is 1- 3~ cat. Of warsc. III 1110 lIOU1!l Jlihu CIty of 10 COMMISSIONER STRANGE: MS. Carpemer.
11 Carludl, which Is ~ m;ll'O\lldootlal ~t, 11 M:\. CAlU'1lN'I1Il: Mr. a-imlllll, Mr. Roy, my
12 aod to IIIIl ~ Is IIIIl ClIdsIIns llUl:o ckBIlI8hIp wIIIeh 12 8llfF8lion wouId bo that lit the end of the Afp1da. under
13 Is :llIDlId ID-n. 13 future items that you cou1d ask us to bring that policy
14 ADd hc&o die r<:ma IDllp, -. shawl dlc 14 di&cas&ioa to the: Coanoil.
I' subject lie asloellteclln 111: exI8dus I'D. '11>> I'Iaa= 15 COMMIlIS1ONBR STKANOE: okay. ADy other
16 lalld -= IIIIp shows the property willliu ~ 1Riml_ 16 qucstiol1s or SIIfl'1 Okay. 'Ibis is II public b.::aJinc. I
17 0CDU:r. Tbc propollCd lIlIIClIdmeDt to I'D-l1 to lIiIow an 8UIo 17 wW. DaW opetl the public hearing. Is the applicaDt here
18 dealcnbip lDCda all or lbc CIII'l'CIIt ~ IJlId 18 IIDd do they wish to speak?
19 I\lIDdards of1ht: xgionaI. ~ ~ downtuIm 19 MS. CAlU'EN'fER: .JUSt lay jt down.
20 zooms di8rrJct, whieh js t1:e :IOlliDg ~ !hat pcrmitf 20 MlI.. BAMY: DOCS it lay this way?
21 IIIIIlI dcalcnhips within 1M n:giooal mixed UBC ecaICr. :n us. CARPIlHTBR: FIa1.
22 ~ DIIIIBcadl:Jo IDIIp llbown hml, I waDI; 1lI1111Wllt ckm- 22 MR. 9AMM. As rill' lIS facing you thousb-?
23 that ooly the citizcat wilhill iIlc eity or Dcatoa. iIlc 23 US. CARPEN'I1!Il: It doosn't l1llItter. The
24 prtlplII'ty 0'WIIIll1I -1ltld6ed, ID It'sldad of IIlIllcadia8 24 camera is golDg to flgore It out.
2~ 10 the IIIIIlb. 2S MIl.. HAMM; La: me Ft a ILttlo bit -- I'm
Pagel 6 Page 8
1 WcRU:ivcd llQ l-'Ci8pOll8Cl ill favor 01' ~ I PIS to 1ll1llm it ihu otbc8' WIlY.
2 011 this e&!JO. Thill ill . phgIograpb of 11m wbjcet 2 MlI.. ~ 'lboro)'QU jp.
:3 propaty. AM Ibis It dlc IIIIICDded &call plan. I'm IlIEIY 3 Mlt. H/oMM, l!Y _ is Ron Hamm onI of RrI
4 IIIIl reproductiIln didn't tIlnlllll just rcel?dl. I did 4 Worth. Richard Allen. tho I'.IWIICr of ClaI81c Llnooln,
S cobancc tho eity lImlt lIDo bc:tMm CorlaIb .00 DaIloD. . 5 ~, Mazda ;1 ou1 of ICWD on bllllllCll 8lld 0llIIId IlOl- bo
6 And I do lIliId 10 llIIIb 011& COII'CCIbI. . 6 lIll'e, &Dd, lbeNfon, I'm bit ~tllth,,,, 1ODJsbt. We
7 ealirulWl ill dID ~.1I11llnll. 0IIIy 1.67 IlCftlrlil 7 me dID dildp build scn:al COIlImetOl' for 8ll of tbc
8 IlCIOQlly In tho CJty of DmtoD. And)'Oll can IlCfllae !hat 8 Ousie family of deak:rlblpI. CIlIllllI 11M dIllIlI:nbips in
9 tho majxily of 1m dcakr$bip, lbo _ ear plll'lion ilia 9 0nperyIne, Clrtmdbm)o, Arlinpm. and. of -.nc. IIle
10 a.iutb IIIld tbc l'eIIl8indct it in lbtI CIty of DcIIIllII. ADd I 10 LilIeoln Mc::rcary Mazda. Iml in Dmfon. What brought lhls
II lave 0DlI olbIr DlIla, 1bD CIy of CorlDIb'. PimmIIIs II11li 11 about is Mazda requlmt Iba dIcy have Ihdr (IWII xparao:;
12 2oni1l8 CaIIlIIlisslollIlXt Monday, thb Monday, July 1IIIl2Slh, 12 showrocma IJCI'Yiee: 0CDlict by tllII10Iime oeatt J'CllI'.
13 IUld VOIUl to tabIll iIlc reqDC8t l'iI' llIl $\lI' to alIaw tbc 13 They have 10 pull ouI of fhe Uocoln
14 dsImhip 011 1m Carlnlb portion. 14 Mctcury Showroom IUld bDiId tbeIr QWD f8cility Ill' da
15 ADd lhi8 lB8 bel:D fllbJed IIIIIiI. Avp8t 9dl. 15 dealer 10ses tbc Mazda fnmchi8e. Mazda has ll\lIlllD l'I7)'
16 ADd rn lIllSWllI' aoy qmnIoDI. 16 poplllIIr aad IIley can ask 1IIcsc klnd of cIcmandIIlKl1'o'8d8.ys.
17 COMMISSIONIlR lJfll/&NClB! AD}'(llIll haw 8DY 17 So, of roune, lhc OWDCl', he Iook:d at lhD
18 ~ of 8t&ftf Mr. Roy. 18 pmpc:rt)' 10 dlDlOIllh. n..... 8ll of ~ IIWlIIlIP IImd thal
19 CONMISSIONIlR mY. YCI. MI. S!dtlft. IIle 1!iI yoD OlIII.'t build llIIo 1IU be bought lhiI praprny - exaIlKI
20 .. )'W iDl&&dcd 1ba! only ihu ciIIzaIl or 1110 CIty of 20 DB, Iba property 10 file ad :is in IIle floodpIala.
21 Denton __ natified 01 dUll. 1& lbort 1lIIl' DllftIIIII 21 Pmperl;y to lbc lICIUlh ill wIifrt'l lIVIlilable here.. Bot u
22 pradil:.' 22 )'OIl e&al. lICIC, it blI!II . very odd .ltuatlllll. I'~ nm::r _
23 MIl. SlELTOO: TbIIt ill tbe polley of tbe 23 a property Iioe l'tIll df8lQllBlly lIIrooab IllIlIelbiag liko Ibi.
24 City or DenIOII. 24 ~ Sllll'. pnRIllecl jtself with . prcIljy S(lQd.
25 ~ONER ROY. Tblt's dID polk:)' of dID 25 iaIaatlDg $i1uaticm.
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Page 5 - Page 8
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1 He's buildhw two fad1idcs. He's 1 M8. CARPEN'J'ER: DllC8 1he request that you
2 building tho Mazda m:llity wh!ch Is an 1btl Qxin1b. tide 2 b&.ve pcading with Corinth go 10 the City Council III welt?
3 bec:rrIIso \W have more room. He'. building .. thil bulldlnJ 3 MR.!WoN yes., I have 10 go 10 City
4 here is' a pre-owned used car center. II is Ilia inside 4 CouIlCil..
S the C1IITCIlt dcaIcr8hlp. II needs to be polled out. It S MS. CAlU'BNTllR: YOU b&.ve III go to Coune.il
6 ma1.:=l it a bcUu profit Cfntcr, if it'. sIllllding on its 6 and P&Z7
7 own. 7 WR.H!oNM; YeS. It's scheduled for August
8 So what \W're prqlOIiug 1l;I do is to build 8 181l1.
9 the used car buildiDg 0l11hls 8DlII1llittlc triaagaIar 9 MS. CARPENT!!R: At the P & Z or the
10 pkce of property and work tIIIII iD there. ADd, you know, 10 Cow:Icl1'l
II it's a sJluation that resUy, qaitl:l frankly, ~s about 11 MIl. BAMM: P & z is scheduled fur AlIgu5t
12 the only man CD Ibis p1IInot that oould mill)' dcvdop IhI& 12 9th. And 111m City Council in Corinth is scbWukd for
13 lln1e piece of property beclUSC and really bcnd'it from 13 A\.I8U8l18tb.
14 It being tho odd shape tIIIII it is and cvcrytbIng. 14 MS. CAlU'1lNTllR: okay. 'I'bIUIk)'01l. I'm
15 So our propelallD you and our l.'eqUeSt.1o 15 sorry.
16 yon is ltlllpJlnM'; this amendment lwi IddiDg this on 10 hill 16 CClMMISSIONE!B. STRANGE: okay. Anyone dse
17 exillling faclllty so that we cal go IIbout !he buline8s of 17 wlshlo 8peIIk in favor? Okay. Let me just remInd you If
18 bulldlDg lhis preowned buildiDg. .Any q\lI:IItiDDl I'D be 18 tbie is lbc first limo you've IUatdIllI. a PlaonJog and
19 glad hlllnB'M:I. 19 Zonillg O:mmission, 1beRl m I!IDmC 0l1lIIJIC cards. 'Ihy'rc
20 COMMIS!lIONl!R SI'RANOE.: DoaB anyone hIIvc any 20 located at tbo table. We'd uk if)'Oll wish ID sPW: OIl
21 qucstionlJ of !be IIppliellDt'l 21 IIny illlln lDDigbt thIIt you woukl fill oul - I say omnge,
22 CONMISSlONEK ROY: 'I1x:rc's DO sales tax on 22 I ye1Iow eard balm lit 1hc table, and you fiU chat out
23 .. city sales tal( OR OIUS, rigbt'1 23 and hand it in 10 1be from. and 1hr:n we will call you hl
24 Mll. H.\NM: 1'hIIt is eorrcct, It is on 1hc 24 1hll podium fer)ltlUr turD ltl speak. We do bave pcop}.1: -
25 service business, the pIIrts business. Aad lba1's who gets 25 let me ask agaiD. ainC'C we had ral9Cd bands - Is there
Page 10 Page ] 2
1 the 18X, obviously, you gee 1110 ad vall:D'ottlBX. I anyone \Wo wisbea lD speak in favor of Ibis?
2. OOt.lMISSlONlll.ROY; Thauk)ml. 2 Okay. We do ImvCl peoplo who hllve sigJlcd up
3 MR. HAMM: we ha\'C gooc .. IIlltY I make a 3 that wish to speak in opposition. We have Lodc Burkhart.
4 mcnt!oI:l. too? Wc have trbI. to make a very big effort to 4 Ifyou'U oomo fcrward. and then 10hn Whltdcy, you'D be
S silly wlibln the fl'cc: pl'CScnatJon ruhls aOO \WI have, as S lX\ll.t 10 speak,
Ii you' n see on ycmr 1-1 dll:ti, I do beIicvo in 1bc packase 6 MS. BURXHART: Hello. I've lOt SOUle
7 that \WI have met tbc requil'CDlCDt as far liS 1110 acquired 7 1widouI8.
8 inches llIId everything. This is . very lCUgh pia::c, of 8 COMMfSSlONBR S'lRANlJE: If you would pkasc
9 property, II: s10pcs almost IbOl1t 28 _Iitm hm:l down 9 ~ us your IllltnC and your address as you . your
10 10 the crc:ck. And so it's a wry UlIUS1111I piccCl or 10 prc8CIllltIfon, plcalCl,
11 property, one thai: quite &anldy is going to COlt a lot of 11 MS. BlJRJ',;BAR'll' okay, My DIlDC is Looo
12 DIlXIe)' to deNeIop. 12 Burkhart. IIlvc 111 \IllS Fair Oaks Circle in Corinth. I
13 And resUy just thi! - really tbc owm::r of 13 live about Dine hooses down from lbc top of 1hll hill,
14 Classic Liaco1n Mercury ill thc only IJfIC who rca11y Is 14 wblcb is 1Jle Dctl.ton residence aDd then it crouc:d the
IS wIDing 10 spend tbIIt kind of money to dcvdo)l it to 15 HElD. And I'm the house ell. lhls :properly lit tbe: botlOln of
16 OlI.pand its business. Hi (be biD, by tbc C1tlI:k. So you ClIlI'I sa:: il on that
17 COMMISIIIONER S'l'RANtJE: Atty 0l!lClr qnestiCGS J7 slide. Yon CIIl1I11ee it OIl. lhc haadout, This handout is
18 of the appJlcant? 18 what I pretentr:d at 1bc Corinth City CouIx:iI ~
19 MR. HAMM: All r:fsht. Thank you. 19 Plamring aDd Zonins meedng. and ju8tmainly to Si\'C you
20 roMhllS$IONEIl. STRANGI!i thank)'OO, Is tbl!rc 20 some points. Some of it baa been covm:d. And Mr, Allen,
2] an)'ODC cI8c here who wishes 10 speak? Wc have a qoestion. 21 tbc 0WDeI' hils c~ back and said 1hat rnnnber one, be
22 from. Mrs. Calpcmcr, staff, 22 wouldn't do . PA 1)'$_ so tb:l glide 1BIkina about
23 MS. CAJUlIlNTB: sir, 1110 itan was tabled by 23 Iondnecs and uoiBCl, we hope lI:at wvc 00VI:I'Cld !bat part.
24 dlc Planning CommiuiOl1 iD CoriDtb; b tbIIt rlgbt7 24 So my Et8IIClll here is just mainly to let you know lbt we
25 MR. HAMid: ThIIt'! com:IeL 2~ C8l'C .. the two people tbat1ivc at the top or the hill
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I from IlaIton. 'R baveo't t:aIkcd 10 dim. Ma,bIl1bcly didn't I COMMISSlONllK STRANGE; NeXt to speak ill Mr.
2 get tbc: notice; didn't - didn't undtntmd. 'Ibly ~ 2 101m A. Whiteley. And followi.. will bo Mr. Dun:tL
3 have part of1lz CIIssJe LIoeoIn Mcn:ury bdJInd 1hdr 3 Rouse.
4- bousc. They caD s= It Bhmdy. 4 MR. WBmlLIlY= I am also a property owner
:5 As you can IIL"C fnm some of llJG~, S in Corinth. The property !bat I reside at is the one that
6 tho -at. of us ba"" b:ButiftII trtIlllI tb8t _know am aoll1I 6 is in 1be very - well. you CllD't see it, but in die
7 to go away. Now, 'MI know this :Is gofng to bappm. To Id 7 Iriqte there tbal:'s1be smalfeBt one. 'Ihenl's ODe that
8 yoo. know. Mr. AIk:a. 1bc owner. is goirIs: tl) moet wi1II. \It 8 bas IiIe Denton line.lIlld then I'm the next one over in
p !at WII'lt. And &D iii: down IllllljuIt kind of SO owr some 9 Ibat prcscntatioo tbcrc.
10 or our com:cms. I dml', bow ifbo (liD. mcd our 10 Currently, there am several very 1arge Oak
11 0000II1l8. We bopo IhId: maybe WCl C8D come 10 lIOmC kiDd of 11 Crees that am there probably from the orIsinBl farm
12 egr<<moDl. ADd the mallllma In: at my cod of 1Iz 12 property thIrt was t:hcn.\ Tbcle are llCvcral buildiDp thsl:
13 8treeI is the G'aiDqc. 13 I can see from m.y SCCODd story out behind there that look
14 I'm at tkl blJUm1 of tkl bill 0lI.1Iz Iowcir 14 l:bcy WI.2C the original residellOe. So there wctO some
IS l*' of Ibc 28 feci, Ibc IIptiq. !he~. and. IS bcautifuI 0IIk trees. I believe there is a layout in IhCl
16 llgBIn. the fact 1ba1lb1ly - CVCIltbauab lbcy'tC Pa 10 16 pllIDS tbat shows The tree removal.. I had two diffemlt
17 have au 18 - 1 S.fool CIlICIDCIIt bchiod my t'aice I11III I'm 17 SIlbmittaIs. a 9Ubml.tta1 fur them and a SDbmittaJ for
18 aoinB 10 look at (:lll'I, thcy'R! not guiDg 10 leave 0IIl'.l 18 Dentun. Each one had a different requl1'CD1Cl1l:.
19 I. trco. Thoy are goiDg to plant -. but iD my 19 'Ibc major CODotm of all of the
20 lifdimo I p1tIbIb1y WllII't see: much of 1bcl =- We aha 2Q acigbbodloods is this particular drawlll8. And the
21 waat to Nl)' 11: tho dhet PIBwdng IIIld :loDiDi 1IXICIins.lh&y 11 mitigation I guess is what you would say of the existing
22 did discuss It and then 1bc:y finally 1ltbbl it. 'I'bcly C8IDD 22 b'CICS to the DeW Isywt. I don't know if thai can be ICCZI
23 up - we ltC1lWIy poiDbI. out lIOIIlCI iIIB1Jcls tBt were 23 m' DOl:.. Do I need to D10WI it ovu" this way ~ It's
24 Iacldns: OR tbc: I~ plan. IIDd 10 1ky just laid. Ict'. 24 kind of difficult to see. I can make copies llYIlilable if
2:'5 come beck. 'I1loy wanll::d to look at IbD fioInci81 25 anyone would like to see It Focus in 011 this EB. whid1
Pago 14 Pagel6
I nnnificatioos of ilI1bIs good for !he City? Is i1 not? 1 ;Is my lII'ClI of ClO!lOlI1I. You'll _ dJIt dx::rc arc
2 COMMISlIICIN!IlI. smANGl!: 'iOU lItI1l have 0IIll 2 sIgrdfbmt numbcnl tK '\ICl')' largo 0IIIkI in thIa vlclnJty.
3 ~ 3 My propcz'ty bciua: bm. I IIC1uIIIy have a very Dkc view
4 hIS. BlIOOIAItT: (lOD DJiDutt. 10 I'm just 4 tK tJICISo tmI$ from my propc:l1y _ I ~ . ten root
S IllIIiIII;y slxJwiIt&: you wbIt wo're teOing. We 11ft: very 5 - I melIII, I'm sorry, lID clpt-aDd-a-bIIlHoot stone waR
6 pesslooa1ll au you would ~ Itl goiIls 10 hIppeD. 6 m to my property.
7 We: wrmt lIOIIldhinrIlIke In OlD' c:ommuniIy. We want i1 to 7 Auhll o1bcr - at tbnCIY cad of my
8 look Dice. We want tlaI. I wiIh we bad )'OIl!' IRzl 8 property, wbich it andhet COI1CClJ\, ibis turnllnto a
9 onfinlllCl:o aod I wish we cooId IIV8 JOmO of OlD' tIa:$. 9 woodica. wan t1IlIl: drops dmVD 10 just eight fecllIlII. aU
10 And thot'. wbld Wll'l'C Pi tD 1lil1k to Mr. A1b about. 10 1he WftY to lhc cod. where Uri:;'51'Cl1Jdcocc is. down hea'o
11 But jutt beslcalIy, 1bU it 10 1d)'W know whit we're II It lhc boaom. And. sgaID. 1bc 5lopo ill lib 30 _ So
11 talking abcut 011. our aide, :md I118)'bc it migb1 bs in your 12 Lmie looks litmilly boeI oot &om. hcI- - h bldt.
13 best inItmt to \ftir. untI1lbc Corlotb _ hat Idded 13 first b<d. of her bausc might the bKk mID I wooded
14 00 what urc doing bc:cauac we hope to set lblt Il1o plan 14 area. AD. of Ibese bomeI have these very nice trc:es. '"
IS chaJlged in llOIl1C DIII1IEI' at !cut at our clld of the blook.. IS you. can _ wilh IbD 0Vt:I'1IIy. all of 1bcsc treDS: will be
16 So 1IIauk you b your dme. Do y'alI haw my qIllIIdonI 16 cIr.s!roJaL Tb:I.d pYI tbst. ~ will be 643 trcce
11 fur DW1. 17 tabn dowl1lmd replacxld wItb 24.
18 COMMfSSIONJlR II'tIW<<lIl: Mr. Roy. 18 Our com:cm is. you 1mow. quality d life
19 OOMIIOSSIONBB. ROY: Ylll. IUd JooIdog bcRl 19 in tbc: neIgbborbood, oom We'R! setth1s - kddog at
20 at lhc people's IIIIlllC8" I _ a vcry llllrnSdlli IIIlIDIII 20 1.1S Idq ClLpII1dcd to fivo IluJes in each dll'Cctlon '-::
21 lbcre, Mr. Vie BuqpllI. 21 thcxd:y. HopcIWIy. 0Ir IDllctil. witb Mr. Allen willll10w
22 hlS.llV1UI:lWI3: YeS, k il my ~ll1' 22 us to bavo a IittIc bit larpr p<<a IpllCll and msybc
23 ~. 23 replloD It wIlh IOIDll trcce 1hI1: over 1ime will. In flier.
24 OOhIWISIIKlNIIR JU)Y: IIClC. Ob)'. Thank 24 allow mID heYC lIOltlO ~.
25 you. 2S roMMISIIClNER SI1WIGI!l 'I1IaIIk you WI)' lI1UCh.
CoDdeDsclt 1M
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MR. WHITELEY: Any questions. I
COMMrssrONER STRANGE: Mr. Watkins. 2
COMMISSIONER WATKINS: Thank you, Mr. 3
Chairman. The -- 4
COMMISSIONER STRANGE: sir, Mr. Watkins has 5
a question. 6
COMMIssrONER WATKINS: The map that you had 7
here, I see a line somewhat off of the bottom from side to 8
side, a horizontal line, am I correct or incorrect that 9
what you're pointing to, the trees at the lower left-hand 10
comer of our screen, I thought you were pointing south of 11
the line, is that not Corinth? 12
MR. WHITELEY: This portion is Corinth over 13
here. These trees are a direct line of site from my pool 14
and patio. If you look at the color photograph, the 15
comer -- the property with the pool in the back yard on 16
that side, that is mine. I have extensive landscaping and 17
decking that we've put in four years ago. It's absolutely 18
gorgeous from my perspective. 19
COMMISSIONER WATKINS: well, you were 20
mentioning the wooden fence? 21
MR. WHITELEY: Yeah. That's on the other 22
side. That's a Corinth problem. I'm just indicating -- 23
I'm trying to give you a perception, a scope -- 24
COMMISSIONER WATKINS: well, you know, I'm 25
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just trying to get in my mind because it is a triangular
section.
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MR. WHITELEY: Yes, sir. 3
COMMISSIONER WATKINS: And it's in a 4
northeast, south and west don't really do it for me at 5
that particular place. 6
MR. WHITELEY: Yes, sir. No, I understand. 7
I apologize. 8
COMMISSIONER WATKINS: But I was just 9
trying to get in my mind what was Corinth and .- in other 10
words, we really don't have a lot to do with that. 11
MR, WHITELEY: Yeah. The portion n the 12
little triangle part that's right here. This is the I3
actual -- 14
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COMMISSIONER WATKINS: Yes, yes.
MR, WI-llTELEY: -- line between Denton.
Everything up here and the trees that I was referring to
that are the very large Oaks are in the Denton component
of this proposal.
COMMISSIONER WATKINS: But not in the
present auto dealership, the Lincoln --
MR. WHITELEY: Yes, sir.
COMMISSIONER WATKINS: -- dealership now.
MR. WHITELEY: If you look at the other
photograph you will see -- can we flip to this one again?
PLANNING AND ZONING MINUTES JULY 27, 2005
Page 19
That is -- well, it doesn't show the landscaping plan.
There will be some trees placed in green areas, actually
the original photograph -- could I borrow that?
COMMISSlONER WATKINS: Does Corinth have a
tree ordinance?
MR, WHITELEY: NO, sir. They have dropped
the ball significantly on that. That will be taken care
of shortly I can --
COMMISSIONER WATKINS: well, we haven't had
one in a long time.
MR. WHITELEY: 1 understand. This is the
mitigation plan for the number of trees that are going to
be placed. And you can see that this is the Denton
component. This is my property, so there will be a tree,
and there will be additional trees, which is part of the
negotiation that we're having -- trying to have with the
dealer n I mean, the owner of the property to, you know,
try to mitigate the effects of the exposure to the traffic
and such.
COMMISSIONER WATKINS: okay. Thank you
very much,
COMMISSIONER STRANGE: Mr. Roy.
COMMISSIONER ROY: My question is largely,
I think, for staff. The portion of the trees that are in
the City of Denton fall under our Tree Preservation
Page 20
Ordinance, correct?
MS. CARPENTER: Yes, that is correct.
COMM!SSIONER ROY: okay. Thank you.
COMMISSIONER STRANGE: AUY other questions?
Okay. Thank you very much.
MR. WHITELEY: Yes, sir. Thank you, Next
to speak is Darrell Rouse. If you'd come forward and give
us your name and address.
MR ROUSE: My name is Darrell Rouse. 1
live at 1999 Fair Oaks Circle in Corinth. I'm jusl here
to ask that y'aIl table this motion until we actually work
with the owner and see if maybe some concessions can be
made there, which might change the plans. So to me,
tonight, if you approve, I guess, the plans as they are,
they may come back to you again asking for the same
request or a little bit different one. I'm also concerned
about the trees and the buffer zone that Corinth aclually
has right now. H's only 15 foot from the business and
the parking lot would be there, so we're hoping to get
that extended. Thank you.
COMMISSIONER STRANGE: Any questions? Dr.
Thibodeaux.
COMMISSIONER THIBODEAUX: You just
mentioned some concessions dlat may be made, some middle
grounds, have you talked -- had these discussions?
Page 17 - Page 20
Page 21 Pap 23
1 MR.1lOtlS!: WcI do DOt know 11' any I tall: dollar8 for thIl City than probably what ,",'re going to
2 coocmillDl 1ft! pD" fD ba DIIcZl)'CL We'ftl pg 10 2 set with 1he auto dea1eabip shiftiDg over that way.
3 actully taIt to Mr. Allen on tbc !nh. 3 OOMMISSIONER WA'1XINSr BUt you do realize
4 cot.o.IISSIOHII TlDDODIWlX: HDt made arry 4 it will dMIop?
5 RqUeSts at tbIs point? 5 MR. ROtnm: YeS, sir. Yes. sir.
6 MR.1lOUSB: 1IIrdm? 6 COMMISSlONBR WA'IUNS< I meaD, it's on au
7 COMWISIONBIl11l0lllDB.WX! NO R:qUCSts have 7 iDterstate highway.
8 bcai IJIlldc I1l1dt point? 8 MR. ROllSSl YeS.
9 MltIlOllllll: NO:roquesIs have beerI ~ Wo 9 OOMMISSIONHR WATKINS: And so most oflbc
10 aaw 1IDu our cwccmB IIIld 1bcn _'m going back aad 10 COIKlI:m so far as I hear them are (11 the Corinth portion?
11 DJ:ICIti~ with him. Next Wcdnctday we IRI a:tualIy mminI 11 MIL ROUSBl Yell. sir.
12 wIIb Mr. AIko to discutB what ~ be dooo 10 hdp IODIO 12 COMMISSIONER WA1XINS: And I can tile! where
13 of that. AlIlO, 1110 IIgblfIlg :Is 8!Ilssue:. too. 13 your concems would be and fir Ibc wooden fence.
14 alMMISSIONI!1I. TBIBClD!'AUX: ADd 1bat'sb J4 MIlIlOUSE: YeS.
IS scoond. And tbcn you'ftl going back to 1IIc CodnIh P & Z IS COMMISSIONER WAlXlNi'!: I saw II brick fence.
16 00. 1m 8dJ; Is that rfgbr1 16 but I'm also aocing on this tho thing that's somewhat
17 lolL IIAX1SBI Plh. So wc'ftlIPIII 10 have a 17 confusing 011 this nice brochure is a Nissan doBIership..
18 mc:dios: willa Mr. Allen bciom tbc DlIlCIina: witb 11m Coaodl 18 and that doesn't attach to this,. right?
19 on lbc 9th. 19 MR. HOUSB; It won't later.
20 COM~smANClIl: Mr. WattinL 20 COMMISSIOOE!R. WA11CINS: well, it's a mile
21 COhlhlll!l9IONllR. WA.1'EIN!l: Tllallll: you, Mr. 2] 1IW8Y.
;Q Cbainmm. Sue wba1 you'ftl1alklng about ill wIlh IDl 22 MIL ROUSE: dt. in that pn:smtation, I'm
23 Corinlh Cmmcil, aod CD 1hiI porliculsr view wou1d bo 10 23 sorry.
24 liIflower right? 24 ~MMJSSIONIlR WATKINS: It'S a mile away.
25 MR.1lOll!IIII 'WII, Bir. 2S MIL ROUSE: You're ta11dDs about Ihe
Page 22 Page 24
1 COMMISSIONER WATKINS: oIlhc diagona11inc 1 prcICIl1llfJan.
2 across? 2 00MMISlII0NI!R WA.'IKINSl YaIh.
3 MR. ROUSB; YeS. sir. But it's - 3 hIR. aousE: 'Vm. k wouJd not.
4 COMMISSIONER WATKINS: I'm tryIns to keep 4 CXlMMISSIONJ!R WA'lXINSl And tbcrc: lite
S In my mind .. 5 pictmw lIICl'c: that I don't Ibiok -I'm DOt that familiar
6 M:R. IlOUSE: If Wll am. got this 15 foot hl::RI 6 wilhit
7 extended otIt: here ~ tbcn it could push some of 7 YR. ROUSI!: alsJrt, 11hIDk them IlIC BOlDS
8 this back further and I dea't !mow if that'a going to 8 - probably some vlolatfona ofthc Dmtoo. probably laws
9 happen. Wc'n: just WBDI:iDg that to happen. that this 7Dt1C 9 1bcm, too, 1bD way 1hB1bI1ltru1:tl1Rl c;um:nlly BilB.
10 could be bigg:c Ix:re, the buffi:r zme here. 10 Wo'vICI SOt contaidcn, biB. .. 1 don't 1mow,1hcy'ftl
11 COMM1SSJONER WA'I'JtmS: I would be wry 11 probably 4O-fcd containlIr8ldtiDg oot 1hcrc In 1bc opeD
12 ClllIl.CaDCd about the light. I.-w it OIl. polel!IlIDll 12 and.wr. But I lbink by'~ just baviDs IODIO srowlh
13 whatever. But by the same token. I .1MIlI, you folks tbat 13 illB1lC8 8!Id we WBDl to work with !hem and we' I'CII:IopiDs Mr.
14 have come tol:1lght, you don't mtlly object to an mrto, a 14 AlJen wl1I wodt wl1h us. But, yoo. know. 1bcre ~ IIOIl1CI
15 new car dealership bciDg thc:ft:; ill that COI'RICt'l IS DlhI:I' 18BIXIII fiKR, to.
16 MR. ROUSE: Aduelly- 16 COMMIllIIWNEII. WA'l1UNSI oby. All rJgbt.
17 COMMISSIONl!R WATXIN8: lD the Denton 17 Thank )IOU.
18 portion? 18 COhIMJSSIOHIlII S11IANOII:: Thank you. Anyone
19 MIL RCIUSB: AcIu&lly, lit thI.s polat we do. 19 c:Iso bwo II quc&tion?
20 I think -. !he property Is aD odd si2Z or shape. I aaree 20 MIl. WHtI1!tBY: okl_1ook at the -
21 wirh them tbcre. 21 COMMIlISIONIlJI. S'mANGE: sir, you'vc a1rc&dy
22 COMMISSIONER WA'JXINS: Yes, I agMO. 22 had your turD. \\Ie'rc \'lIl')' Itrlct aboot our time limitu
23 MR. ROUSBl I'm curious if we waited 8 year 23 hen. You'vc hDd )'V1IE' tlqe. minutas.
24 or two and that hiabway expaDds. If Wll might not get 8 24 MIl. HAMMI DO we bavc a chllncc 10 I'CBpOI1d
2S rort>omllQ4 or something in thcze thIt would produce mom :zs 10 thar1
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l COMMISSIONBI. STRANGIl: If )Ul'll give me ] Dcn10D requIrcmcms and DcaIrm ordinances and we're jJst
2 just ODe second. I was almost to SBt to your part.1here. 2 IIIkin&: tbBt we be conslcbc:d for approval bBlCld on \WII
3 Is tbere anyone" here who wishes to speak in 3 yon _ OIIb DmIon sidD. And we will be wmklns wllb.
4 opposi.tim to this? Okay. Doell the Bppllczmt wish to 4 1blIo peoplcl m lbc 0JriDlh lIiluatkm wry 1OOIl.
.5 have II rebuttal? 5 00hlMl8SK>>Wt 8'I1W<<iIIl okay. Let me _
6 Mil HAMM: DO I have tbrcc minutes or 6. you Ibis. WdL Mr. WalkiDs.
7 whaImlr I Deed? 7 OOIldMISSIONER WATKINS; rt.nk you.. Mr.
8 COMMISSKlNBI. STRANGE: I believe on your 8 0Wnnan. You have two lql8l'atD towns :IDvolvcd.
9 rebuUBI. cight minutes. isn't it? 9 MR. HAMM: YUh.
10 MS. CARPIiNTIlR: Le\'. me look at it. ]0 OOMMISSIONER WATKINS: okay. I don't - I
11 COMMISSIONBR. STRANGIl: woll. you'vo got 11 lJUCI'l rm woacbiDa what WOIlId bappca if one turDJ you
12 more than eight minuIal. 12 dawn and 0lVl accqMlld.
13 MR. HAMM: I'm glad you did, Mr. Watkins, 13 MP. BAMM: I OlD baild the - weD. fKS1
14 poict tbat out as far as that PowerPoint presentation that 14 off. rm maIdIlg lbc assumptioa. \bat ')OOU '0 approve for a
1.5 you hBw in &oat of)Ul ~ )'DU're ~ the truh at U car dcaJcrslIlp to be built In t1IIs zonlDa: like - weD. I
16 the back of !he dealmbip and 80 forth. That is the 16 doII't hive 10 .. I deIl't suets I bave to pt lppl'O'Yal of
11 Nissan dealetship in CorInth \WI.ch has DO re1atioII. to the 17 lhat. It alresdy can be bu.ilt tbere. We would build the
18 Denton dealership. C1assic IlncoIn Mercury. 18 Ma:zd&. We would put 1bl Mazda dcaJcnhip O\'a' on tbD
IS! They keep . very clean dealership. You can 19 DcllIOll aidD if we bad to. .An wdw got to do Is detech
20 go visit aU of thelr deaIenbips and you'll IIllll it'. hpt 20 1bo eervice from it llIId put b'bow rocm. 1 mean, we
2J very clean. Is it b::pt perfect? No, you can't bep it 21 hew - It's DCt. favorlte Ihins of Mazda 10 do. but we
22 perfec.t. But they do II wry aoodjob of polichle every 22 cou1d put 1bD Mazda showroom and evcrythill8 00 tbc DcnIOll
23 chance they get. I tbiDk tbc:re is . stonsc contaioer 23 _ and IIIlCl dID BC:IYicx: lbat's ahcIdy CKisting 011 tile
24 thIlt bac.kJ:d - tbcy bought this <k:aIaship .. it will be 24 LiocoID Mercury ride.
25 . two years. tOO}' bougbt it from Ford Motor - it will be 2S Tbt's not what Mazda prders to do. but
Page 26 Page 28
1 two )'lIlIrB :ID J8Il1lIlr)'. 1'bcy boqht it from Fotd Motor 1 bo's ~ lJOifts: 10 loBe hi, desJercIlfp. He's not JDiu8: 10
2 CcmIpsDy, 80 by hswJJ't quieti 0WDIld it two years. Thete 2 lose his Mam8I:franchIse. So:lf'Ml C8I1't pit it appmYed
3 ....... . COIlTAidet back there. Y O\l. know, tIlat's t!Ic deal 3 OIl 1bD- Carinlh em. wre still goiDg 10 build a
4 wiIh the City of DcnIOn OD rreardIDI dim: coalldm:r. II 4 o;Ie:aknhip .usumIng dm l' aD. givo us our Ial.ucst OD
.5 W8S wilh Ib:l dealmhip whea he bought it,. If lhllt's 80 S Ibis.
6 Issue. 6 ~ WATKINIlI ob)o. Thank you.
7 We're just ukios dmt - we're \Q1dng 7 MR. BAWW: AD. right. The damago inYOlwd
8 wlIb tbr; pcopb of ec.mlh. Mr. AIIca lias lIIid tbBt lID 8 to DCt belDg able 10 bufld bls Mazda deabsbip. his
9 would do so, and we bavc a mr:ctios 8dJeduled oem'Mek 10 9 bncblsa Is pmty hisb IIt8kc.
10 do lID lIIIIIlIIca we am, lito spccla1 caUed p & Z IlIllCtlag OD 10 o:M&llSIONBR S'I1WfClI!: I ClIl. apprcclatc
Il the 9th, which we andclpatc and we lbInk we'D bavc II lhat. Lot RIO ask my qucsdon. You are p1araliog kl hml.
12 approval tbtm Mr. ADen iB DOt. nIIICIunnt tour. He'. 12 meeting -
13 i car dcaIcr. He OWUI lhllt plcco of property. He paid 13 MR. 8AMW: we're meeting lit. Mr. - ii',
14 b it and 10, of Q01IlSC. obviws1y. he', salDS to try lod 14 WhIteley, iSD't it1
IS dlMiop It lbc way ho _ bait fit. IS c:oMMIllIIIOOBR S'I1WG: hIr. Whi1eJcy7
Iii Our ~ I, simply 1his, Ihat you pJessc 16 MltIlAlAf: we're meering: lit. his home next
17 coasider 1Ilo fact tbat IID'I . Dc2Itlln bosioc:n IIId we would 17 Wednesday lit. 7:00 o'clock wI1ich b&cks up 10 tbe proprrty
18 jlJIt lib:I for DcntoI1 peopIc to hlmd\I:l DMlDn buBinc8a ill 18 qm1iq lhe issllClS 1bat _ bsvc brousJd. forth. ~
19 this sitoation. It's zoned 10 put . dcaknhip them IS! Issues Ibcy're rcqucstI.. are aOOvo and beyond wbqt lbo
20 And we hKvc fo11owcd thD on:IhulDces la bolb. cltim just 20 city ordilumcc.1b:l buiD:n fMrlsy, el: cetcrs, ct
21 like thoy're pzil1tcd in Ib::oir IDlIl1II1s. and _Imvo 21 Ilda'a, rcqaircd. ADd we're goiag to see if we CIII1 rmd
22 fo1Iowcd the oo:lillances just like we do ~ wIaI. ~ 22 tho eommoD ground Ibn. wblch Mr. AIIca bas iIIdic:m1 m
23 SO and build. And tbBt's aU we can go by, and we can 23 WID" to do.
24 deal wiIh aD of tho other stuff IS It comes Itq. And 10 24 CCMtJSSIO)II!II. SUWfGI!: okay. I UDdcntand
25 I have des1t wfIb. and snbmltaI tbla wbmiU:II. per 2.5 thBt, 10 :It Idnd of 1csds to my qucstimt. I thillk staff
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I has 10cked lilt 001' aitualion. If \WI wn.h to tabJo thieI 1 undmtand their Issues., and - but I look lIthe procesa
2 1Dnlgbt, end llCCl what you come - with )'0111' compromise, do 2 hb. what \WI'~ I\$kcd 10 deal with toJligbJ: iIIlbc DcntoJl
3 )'OIl bavo some datm, Ms. Carpenter tbid would 1b'U ~ 3 iuuund I don't ICCllhc value in postpooing IIBt one.
4 you do whit you want to do? 4 It leems fnrlf.iciQ fur us and IQtIl)' WDUId do nothing to
S MS. C\RPBN'I'I!RJ YCS. Mr. Chairman, I do. , gain for the Corinth 00l1CCtIllJ. It wooldn't impac1 that in
6 If the: item Is passed Out of tbc PlannIt1g aDd Zooing 6 WIly one or Ihcl o!bIlt. II scanl 11m the citizens or
7 CommfsBkm tonisht, I belieYe !his item would bel on the 7 Corinth have I 'YCIlIUC to take lbeir concems aud hopct'uUy
8 Sept=uber 6th Council ~ bcoausc at the way the 8 they win be able 10 work out a reasonable compromlge willi
9 meetings fall in August. yoo can't meet the 16th, so it 9 lb:l owner of the properly.
10 WOIIld go em Septanbcr 6th. 10 So I .. I just don't see any logic 10 -
11 MR. HAMN: 'Ytab. originally I was lnfOtlDld 11 fcao lIS to m:.onsldet- it -. We're 0Dly looklDS a11hD
12 that it WIIS lb= 16th; is _ not true? 12 - lqp1Iy lit lhc OcI:lton issues. That'll all '\WI CtIR Iaok
13 MS. CARPENTI!R: [don't Ibink we CIII make 13 lit, iiO I don't see the value. altbcIuih I would listen to
14 !hat for lhc 16th. So it lm8 to be Sep\(mbcr 6th. 14 my fdlaw CcmunissJoam jf!bey want to take II diflercn1
15 !.fIt HAMM: Fino.. IS posidon. I'm certlIinly willing to OOIllldct.
16 us.. CARPENTER: BUt - 1IO I'm just using 16 COMMISSIONER STRANGIll 1hl oo.Iy position I
17 tba1 for comparillOD purpoltlS. So if it were to come back 17 would haw is If 1!lcy did rr&ed and -. with Mr. AIlcn and.
18 to 1his p & Z on .A1lgl:llt nib, wbich WOlJId be four daY' 18 1My dctemUnod that they Wlla1Ql to IncrClllSO iii buflbr ftmn
19 afta' Corinth'l speeilll mcedDg on 111= 9th, I dan't -- is 19 13 feet 10 20 fa::t or pl'OYidc eDl trees. When you look
20 that on a Sun&y, tb:: 9th? 20 at this plll1:lcular tract. tho bulk of that w'-.t I would
21 MR. HAMM: NO. the 9th is DOt I Sunday. 21 caD tho - I suesl lhIt, to .me. iI dxlllOllth side of IIEo
22 That's a Monday. 22 property. TlD side against tho lxnIscs Js in Corinth,
23 MS. CAlU'BNTER: our Plannill8 ComDIiaslools 23 'Iberc is a portion over tbeRt in lbe Denton side at the
24 on IhD 13th.in August, isn't it? 10dI. --10th. So we 24 far left bottom carner, 1h8t whatever trealInent happens .in
25 eomc 1mc OIl tho lOIh, the D:lXI diy, A1JIlISt 10. 25 the Cm.indt side over dmIll1ao Is ~ng 10 I~ the
Pagc30 Page 32
1 MIl HAMM: lbe 10lh is I WcdneBday eo the I Denton sido.. 'IbIIt's my oaI;y eOl1Cl'.l'D it' they chIll1fll' I
2 9th would be II Tuesday. 2 buffer zone OJ' chaDae Gte size of it Ind wbcIher or not we
3 MB. CARPI!N11lB: okay. So it would COD'II:I 3 would bCDllf"lt &om. dW know~ In our conB.iderations
4 - on Aagust 10th 100 Ibm it would D'iUD 1bc second 4 beclusc It .. even thoush the people live ill Corinth. plrt
.5 Council meeting in Scpt:mber. and I don't know if lhIt .5 of wbM /hey ICCIllCro8lI1bcro is in lbe Denton part.. And
6 flllls'oo. the 20th. I'm tryins to l'G11ClD1!:ICI' the cllcndar. 6 1het WBlI ~ llIl1y point ID seeing if thle was an IsllJO at
7 I think it's au the 20th of Sq,ltcmbcr, if you - I mean. 7 tabling IIDd IlIowIIlg us to meet wl1h their timD frames.
8 jUlt for informalXm. 8 COMlIoUSSIaW. ROY: one 0Ihcr point. if I
9 COMMlSSbJNlRSTIWIO.Il: okay, !it may,lbout tabling it.
10 t.lR. HAMM: well, OlD' ~ iI not to 10 COMMISS.IClNER $'I1l.ANUBI Yell, sir.
11 lllblo lhls fssut. Wo IICl:d 10 mave funvanllIld I don't - 11 ~1SSIONI!Il; ltOY1 If our mmlns is on the
12 .like J Slid. I'm working with Dc:nton !me toniPt. and rm 12 10th, II1d the Corinth IlXlCdDg Is on tbo 9lh. 1bcre's 110
13 tryil18 10 9lltlsfy everything I cln wl1h the City of DonttD 13 way that we could RICeJw I package that would be ..
J4 lod P & Z respcctfuI1y 100 so our wish. of tlO1lrse, ill to 14 COlIImUnlcate to us, )IW know, what - beeaUllC our p~
1.5 kfql moving forward, whilcl we're sdU obviously sohw to l.5 SO out II wedt before, 10 I dora'l _ how we could do
16 eon1lDuo aw:r heR: with the Corinth pcop1o. 16 lo.ythlllJ other tJmn rcccIvc iDfcamadoo It lbc nXleting.
17 CXlMMf!lSroHElR 1S'I'1W<<lil< ADyou; eIs\:I have any 17 And I'm bltppy 10 do thIIt. It's lIDnl1lll, but I'm '-.ppy 10
18 que&tWns of tbo Ipplicant'l Do you have aD)' otbcr 18 do that if tbat's !be ClI8C.
19 COUII11ClltS? 19 But Ilhink 1hat CD thc 1rcc8 :If 1hcrc's a
20 MIl HAMM: NO, I do QOI, 2Q discussion Ibout Incn:asing trees, J bclicvc l'hc right
21 COMMl8SroN2ll: $J'RANOJl:: okay. AU right. 21 place for lbosc to be added is ID die Corinth _, I just
22 We'D close 1he public l:aring. And do we have I motion? 22 have CODfldcnce .in our prcsc:rvation ordinance and our own
23 Mr. Roy. 23 sIllndlll'ds that that little slice tbIIt's In Denton Is going
24 CONMISSIONBR ROY: wbIJc I S)'Il1pfllbiZICI wl1b 24 to lock nice. It. his 10. It his to IlICd: our
25 !he: cltizcz1s who llI'C bml from. CoriJICh, I c:ot'IlliD1y 2S rcq1dremeo.ts. And If there'a llCIINIlaJBC Oak Trees in
Condonscltnl
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PLANNING AND ZONING MINUTBS JULY 27,2005
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I 1hcrc III has bc:m preseIl1ed 10 us,. 1hlllIll are ~ J MS. BHBLTON: 'I1le trees that were to be
2 PllJ to ~ pre$CIlWd IICClll1!ius 10 our prtIKI'fttfoo 2 preserved were on the - weU. they're shown actually on
3 Ol'dinanc:a. 3 hfs-
4 COMMISSroNP.R S11lANClI!! 518ft? Ms. 4 MR. HAMM: Do you haw your 1.-1 sheet in
5 Carpc:nas. 5 your JlIICbae'l
6 MS. CARPI!NTI!R: Mr. Cbairmao, it's possible 6 MS. SHELTON: NO. they wouldn't haw: tbst.
7 dlId 1bc cha:asos !hat tbc llJlPlieanl WIIIIId IlI8b in Illl'm8 of 7 MIl. HAMM: Am I still okay to bring
8 a 15-foot abift would be ICCD .. minof and llCu1d be 8 somctbing up here?
9 appmvo:l at 1hc; lIlaff Iow1ll1ld il wouldD't - I IDlllIll, it 51 COMMISSroNBa STRANlJ& Yes, wc'~ 88kcd a
10 ewld !p> forward evcn to tho CounclI. and l!losc eould be 10 question, 110 you can come back up.
II treated as minor. J meao. we'd have to look at tbe emn&: 1) MR. HAMM: All right. I..ct me put this
12 of them 10 detemriDc ~ or DOt 11m wae1bc ease. but 12 stuff here.
13 it'l possiblo 1bat tho clJaDacs. if 1Il&y had 10 make lbmn 13 COMMISSIONBR STRANGE: Let's just
J4 would be damcd minor aad wouIda't bftl to came baek. So 14 COIlCC:Dtrafe over tbcn: in that Dcot:on cocner, wbst trees
15 we daD't know that, but 1bey couJd k IS that ~ existing tberc ml soma to be .Icft?
16 CClMMISSIONI!R S'l1lANllB: Mr. Wa1ldna. J6 MR.. HAMM: All right. As you see, this
17 00MNISSI0NIlR WA'J1:lNS; bilk yon Mr. 17 survey that we hfId done, you see all of the existing tm:s
18 ChalmuuL It IJC'.CDJI to DIe 1bIt JlIIWa8: it off or 1IbJfq: 18 here, and you RIO thcac ~ existing trees here. These
19 it.. if it WQIlkL would not be any 8l'CIIt Ildvan1ag!l if tbcI 19 are the trees right hen: that we are proposing to save to,
20 ~ is soh1': to put: IIICI Milzda dellcnhip 011 tbc 20 meet the ordinaocc, the Tn:c PreIemti.on Ordianance.
2J Ilcldoo tJdc. I don't maID to be WI up fix' - if we're 21 00MMJssI0NER S1'RANGB; okay. Put)'OUr
22 waitiDg 011 CorlnIh or 0:Jria1h ill waldng on 'lIL But if 22 fmger right across those apiD.
23 0crin1h dollm't appl'<IW, worst calle sftoaJfon, I iJ1IpJlOBIl, 23 MR. BAMM: Right. The true cin:le. those
24 if by don't approyo 1hair sflk. .he'. goiag Iu put 11:10 24 are tile ODeS, if you looIc: at the legend OW!' here, you ICICI
2' Mazda dcIlcrship 011 tbe Denton.ide. So aD 'WC'w doins 2j it's a tree to be profectcd. This gets you to the 106
hp34 Page 36
I Is bJJding ~ 1hiog up. I 1IlI.\Iumc. and I bopD I IIIIllme 1 iDchcs of whll:h WO'I'O suppoIIld to provide 101. This is a
2 cmrectly 1blIt ~ _ 00 . fiiaJdIy term. Yau'IC 2 wry high part of 1110 (JtOIIDd !hat orislDaIIy we Wl:R gofDs
3 mcc:tiIqr: III Ihi!I rtl.trmm' .llous8lAd hcllooks likD I 3 to leNd, of COUl'8O. Yau know, hD'd Iovc TO be able 10
4 would WIDt Iu be nice to him. 4 aec hit whoJo pzoperty ACr088lhcm, 10 wo'rc buskaIIy
5 MIl HAMM: nx:re', DO aclwnaria1 5 PUUins a \'IllY hi&b Malning wall around 1llls lI1'CIlIIJ Far
6 rdBtioosbip bcm. Wc'~ gallIWIC lhIDp 10 work (lilt. but 6 .u we 0IlII to tr)' and prcIIJ;I'W and savo ~ IIt:m.
7 tt'a 011 . - 7 T!ac _the one. tIItt we chpse to 8eve 10
8 CXlMMtSlSIOII!R WATKINS: Yalh. So I don't 8 meet Ibc cWWnoo. 'DIe UDCI back bIB is just. you know,
9 IaUy _Ibc IlllCd to hold it up, but that', juet my 9 I do what it took to meet tho mdinanco is \Wat I Irbl. --
10 lJtouabt 'Iban1r:]/DIl, sir. 10 COM84ESK>>lIlR STMNGa so what you're
11 ~Sl1lANOBl okay. IJJavc.. II aying IlId kind of III .8ft8\WI'to Mr. Ray, we daD" msIIy
12 qucstlon, Ms. SbdIDn. Have we detmrtincd yet Jf an:y of 12 have an IlIsuranao fbc:rc 1bat Ihe Denton Thlo Prcscnation
13 1Jlcec; tra::8 lbat are lldjaQc:n1 to tJao bm:loowras 13 0rdiDanc0 ill pius to IllYO OIlC 1m: below that IiUlc
14 properties are Monarch Treos tblt 'MIII1d be fo1lowing UDder 14 cluslcr that )tltI hBvc up at 1bo top.
15 Ihe Monan:h clIIIJ&if'lClIdOll in our 'I'rce 0nlI0ancc'1 15 MR. HAMt.I: NODe of 1Iac -
16 MS.l!iUBLTCfi: NODI. M1mGy. our ~c 16 ~S11lANOB: NOJlC oftholo_
17 8dminitIcr bid kxml at and ob)'lld lIIIlm: preservation 17 saved?
J8 end ~ Ilmdtcape- plan bcI'aw by IftIl8I'Od lhI8 dccaIled 18 M1t.1WOof! - are soil!&: Iu be smd r@ht
19 plans. but I don't !maw euctly wbicla tnlcs. I mean. I 19 heR. Only de truCI eiroJc are the 0l'ICIl thai are proposed
20 eaD't It:Il )'011 with a lot of ClIJdidl:ncc. 20 to be MWd.
21 OOMMI!l8JONER SJ':RAt<<iB! l't:8I or nay, wdI, if 21 00MMfSSKJNBJr. 8'I1lANG:II: TlI8t'I8 what I was
22 I!qo'ftllbowiDg on tb:l pllZl1hec WlI'w IookIq; at lIIl:dDs 22 lhhrkinc ba:ausc wbcIl. JIookaIId it earlier 1 saw 1bc
23 CldsdIlg nos. IIDd 1l1:li. we'w Ioo1cios DIlW aDd lheIy'ro 23 pautina: lot below. I didn't see how _ were goill8 to saw
24 parting lpe;c:s. I wouJd tI1d to bdiDvo 1bat ""1 not 24 lID)' trees down dJlR. And 1bat W8lI my point add if you'n:
2S soinI to be aD)' lfta; left dxm. 2S goiqg 10 -
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1 MR. HAMid: 'J'bKt'.II not 1bo way U'II ptOJIClscd J to-
2 riBbf DOW, !bat'. trQc. 2 COMMISSroNER RAMONEI I think my buttoll is
3 OOMMISSIQ<lBRBmANOB: Right And J glIeIIs 3 broken.
4 my only question wus if - Mr. Roy, if it - 4 COMMISSIONER STRANGE: okay. You may
5 MR. HAMid: well, )'011 look at the 1ree - 5 speok.
6 'MI'VC sat a problem 01It lhc:rc. Same of 1Iac trees are 6 COMMISSIONER RAMONa: Thank you. I think
? not in 800d hcaJtb.. We met wid!. an arbodsl We'~ iP>>lC 7 - I agt'll8 with Mr. Watkins and Mr. Roy. As much as I
8 tbroqb. lbc wll:lkl program berc gn)'S. ADd we've tried 10 8 feel for the residents for Corinth, I think that the
9 .- )'DIl can s=. I pajd. a fartuno 10 have WI%y one of 9 section -. our duty is to the clilims of Denton and I
lD 1hcsc trees plotted al;:f08S lbc etltirc eountry hc:rc. I 10 tbfnk our .- the section of Denton that wiIIlICtually be
II melD, I'm Slll'e Ihc lIubdiviBion ~ liveIin wus also a 11 affected in relation to the proximity to the Corinth
12 forest bcfmc somebody ellJllC aJolll and :P'Pt in 5lKds and ]2 residents is Dot goiDg to be that much, I don't think. So
13 allcyll, okay. So rm no1; 1be: 0Dly person that's ~ 13 that having been said, I think I wiU agree with Mr.
14 11m. 14 Watkins and Mr. Roy.
15 Tb:l -1hls Is what we tmd to work aut. 15 OOMMmsJONER S'lRANGE: Okay, Secitw: no
16 At one point we hod a proposal to CClUIC in hem. Really 16 other diswssiOD, please vote. And the vote passoe 5-1.
17 quilll frankly, !be firct tinul it was come 1brougb IIlld just J7
18 pay 1bc qs - I forgot what )'DIl eall it, Inw tho fund. 18
19 But, no. we felt like we ean maJrc SQll10 c!Iwges here 8Dd 19
20 ~'s lllve It And we Iricd to pkk the ones dud wou1d 20
21 beet help in trying to keep 1bc expcnlle down beeaWICI of 21
22 this big malnlllJ WIn. Some of 1MBc trcea are DOt too 22
23 healthy, they poinlcd out to us, so we cho3c dlls cluslrlr 23
24 of 1Iee8 that you s= here to pteStI'YO. to mcc:t 1bc 24
25 ordiDanec. And, you kntIW, I 1llCllD, If I came down bcrc and 2S
Page 38 Page 40
1 waDlIed to save anDlher one QI' two of those; snre, it's not J
:2: (bat 1bat ean'l be dmc.. Not that 1bat caD't be done. 2
3 COMMISSIONER STRANm!: AU right. Ttumk 3
4 you very much. Anyone c1sc have a comment or a question? 4
5 If not, do we 1MM . motion? Mr. Walkins. 5
6 COWM1SSIONllR WAn:INSl 'Jh!nk you, Mr. 6
7 Chairman. MoWI appl'OVlll of Z-os-olX)71 7
8 CCMMIssroNER 8TIlANOII: DO we ha~ a 1llCODd? 8
9 CONMISSlDNBa ROY: second. 9
10 COMMISSIONER 8TRANOE: we have a mOOon by 10
Ii Mr. Watkins.nd a sceond by Mr. Roy. II then: llDY U
12 dbcussion? I would like to say that I have IlllI1e eonec:m 12
13 in behalf of the ncigI:dxn of IooI!:in8 bilek, directly 01It 13
14 of tbcir back yard apinlt JllIIidIw Spa0c8 wJ1hin 1I:D QI' J 5 14
1.5 fed of tbeir pmpcrty. And my ~ of tlxl map. 15
16 which we're IIllCing, thetc win be no trceII saved there. 16
17 My ooly rcuoD for thinking about tabq it is 10 see J7
18 what haPJXllllld in Corinth, If 'lhcn1; III a buffer 1mIafed, 18
19 I'd liktl to sce lbl. same buffeF on the Deuton ~ 19
20 Ihat would be 00 !be Corinth side of1bc property to hc1p 20
21 preserve any IRicB in that buffer 2Ol1O. So that is a 21
22 eoncern I've gat with lbc situation w1we we've got two 22
23 diffcrm1 standardll depending on whit 1bcsc o1hfr people 23
24 do. Sa 1hIIt's my eoneem about it. Anyone else have 111)' 24
23 dillCWllioo. or o:ny <<lIllRlCDfs? Ms. RaIllOIte, IIRl you Iryina: 25
CondeascIt ftl
r-
'. r-.
PLANNING AND ZONING MINUTES 1UL Y 27., 2005
Page 37 - Page 40
ATTACHMENT 8
Ordinance
S:\Oar~"""'05\Z05..0007~
ORDINANCE NO.
AN ORDmANCB OF THE CITY OF DENTON. TEXAS, AMENDING ORDINANCE 87-84
TO ALLOW A DETAILED PLAN FOR A AUTOMOBn.B DBALERSBIP ON 1.775 ACRES,
GENERALLY ~TBD 1,100 FEBT NORTHWEST'OF LAKEVlEW BO'ULEVARD AND
135 EAST FRONTAGE ROAD lNTERSECTION AND SITUATED IN THB GIDEON
WALKER. SURVEY, ABSTRACT NUMBER 346, IN THE CITY OF DBNTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY m THE MAXIMlIM AMOUNT OF
$2.000.00 FOR VIOLATIONS TIIEREOF; PROVIDING A SEVERABILITY CLAUSE AND
AN EFFBCITVE DATE. (ZOS-0001)
WHEREAS. on MaIM 16, 2005, Ronald Hamm. submitted a &tailed plan for
apptoxinlldely 1.775 aores of land located within Planned DeveIopmem 12 (PD-12) zoning
district and parIicularly descn'bed in Exhibit "A" attached hereto and made a part heJeOf as
&In"bit "A" (the ''Property'') with the intent to construct 811. 8Utomobile dealership, said Detailed
Plan being on file in the offices of the City's Phmning Department,. a copy 9f'wbich is attached
hereto IIIld made a part hereof as Exln'bit "B" (the Detailed P1an); and
WHFREAS, on July 27, 2005, the Pbmning and Zoning Cnmmimrinn concluded a public
hearing 88 required by law, and reoommendcd approval of the requested change in ZODing; and
WHEREAS. the City COUIlCil :finds that the chaDge in zoming is consistent with the
Comprehensive Plan; NOW, THBRBFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAllfS:
SECTION 1. The:liDJinp aDd recitations cnntainNl in the preamblc of this ordinaocc are
incorporated herein by reference.
SECTION 2. A copy of this ordinance 8ball be attaohcd to Ordinsmce No. 87-84 showing
the IIII'If!II.mv.m here approved.
SECITON 3. If any provision of this 9Idinance or the application thereof to any per8QIl.
or circumstauoe is held invalid by Illy collrt, sUch invalidity shalJ. not affect the validity of other
provisions or appli('.attona , and to this end the provisions of this 0I'dinarwe are severable.
SECI'ION 4. Any person violating any provision of this ordinance aha1l,. upon
eonvict:ioo, be fined a sum not A1I'l'.P.Ming $2.000.00. Bach day that a provision of1his ordinanoo
is violated sha1l oonstitutc a separate and distinpt offenac.
SECTION s. That this ordinance shall become effi:ctive fourteen (14) days from. the date
of its passage. and the City Sccrc:tary is hereby directed to cause the caption of this ordinance to
be published twice in the Denton Reomd-Cbronicle. a daily newspaper published in the City of
Denton. Texas, widrin ten (10) daya of the date of its passage.
PASSED AND APPROVED this the
day of
. 2005.
EULlNB BROCK. MAYOR
ATTEST:
JENNIFBR. WALTERS. CITY SECRETARY
BY:
APPROVED AS TO LBGAL FORM:
:~r
EXHIBIT A
PROPERTY DESCRIP'l10N
1.775 ACRE TRACT
Gideon Walker Survey, .Abstract No. t330
City of Denton, DeIIWIJ Cormty, Taos
DESCRIPTION, of a 1.775 &ere tract of land situated in the Gideon Wa1kcr Survey..Abstract No. 1330.
Denton County, Texas; said tract being part of Lot 1, Block 9. Pecan Creek Addition. an addition to 1hc
City of Corin1h. Texas Iccordina: to the plat reoordcd in V olumt: 10, Page 26 of the Plat Records of
Denton County, Texas; said tract also being part of that cel1ain tract of land dc.!cribcd in GcneraI
Warranty Deed 10 1'imbergIm Company recordcd under Denton County CleJk.'s File No. 95-R.0079950 in
the Deed Records of Denton County, Texas; said 1.775 Bm'C tract of land being more particularly
dcsmibcd as follows: .
BEGINNING, at a tJ2-inch iron rod with "Pacheco Koch" cap found for cornet:in the- southwest right-of-
way line of Interstate Highway I-35E (a variable width right-of-way); said point also, being the
eastcmmost comer of Lot I, Block A, Denton Lincoln.Me:rcury, an addition 10 the City of Dcnton, Texas
according to the plat RlCOI'dcd in Cabinet P, Page 149 of said Plat Records;
1HENCE" South 50 degrees, 20 minutes, 00 seconds East, along the southwest tine of said Intcrstatc
Highway I-3SE, a distance of 441.78 :feet to a point for comer; said point being in the sou1h line of the
said Gideon WaDa::r Survey and in the north line of the M.E.P. &: P.R.R. Survey, .Abstraot No. 911; said
point also being in 8 south City Limits Line: of the City of Denton, Texas accordiDa: to Section I of the
City of Denton, Texas Ordinance Number 74-44, same being 8 north City Limits Line of the City of
Coriuth, Texas;
THENCE, NORTH 86 DEGREES, 00 MINUTES, 15 SECONDS WEST, DEPARTING THE SAID
SOUTHWEST LINE OF INTERSTATE mOHWAY I-35E AND ALONG THE SAID SOUTH L1NE
OF TIlE GIDEON WALKER. SURVEY, THE SAID NORm LINE OF THE M.E.P. &: P.R.R.
SURVEY, ABSTRACT NO. 911. TIlE NORm LINE OF THE M.E.P. & P.R.R. SURVEY,
ABS'lRACT NO. 950, THE SAID sourn CITY LIMITS LINE OF '!'HE CITY OF DHN'ION. TEXAS
AND TIlE SAID NORlH Cl1Y LIMITS LINE OF THE CITY OF CORINTH, TEXAS, A DISTANCE
OF 600.21 FEET TO A I/2..INCH IRON ROD FOUND FOR CORNER; SAID POINT BEING AN
ANGLE POINT IN THE NORm LINE OF THE WOODS AT OAKMONT, PHASE 2, AN ADDmON
TO TIlE CI'IY OF CORINTH, TEXAS ACCORDING TO THE PLAT RECORDED IN" CABThffiT N,
PAGE 97 OF SAID PlAT RECORDS AND THE SOUTHEAST CORNEll OF SAID LOT 1, BLOCK
A;
'I'HBN'CE, North 47 degrees, 07 minutes, 28 socdnds East, departing the said south line of the Gideon
Walker Survey, the said north line of the M.E.P. & P.R.R. Survey, Abstract No. 950, the said south City
Limits Line of the City of Denton, Texas and the said north City Limits Line ofthc City of Corinth, Texas
and eIong the southeast line of said Lot I, Block A. a distance of 352.98 feet to the POINT OF
BEGINNING;
CONTAINING, 77,311 square feet or 1.775 acres ofllnd, more or less.
Exhibi t B
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i ;
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IIIH
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to.
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e
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I:
I I I I
I If!
I I I I
fill
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IN' UlIL--J, oenatI, .............-...z:c::..A.. 'IIlW
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..".- _lilt. ."....OD 'nIAJjJ
AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT: Planning and Development
CM/DCM/ACM: Jon Fortune, Assistant City Manager'
SUBJECT - Z05-0002: (Laurel Oaks)
Hold a public and consider adoption of an ordinance regarding the rezoning of
approximately 11.58 acres from a Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential 4 (NR-4) zoning district. The property is located
approximately 360 feet south of Paisley and 425 feet west of Mack Drive and is adjacent
to the southeast border of Audra. (Planning and Zoning Commission recommends
approval 7-0)
BACKGROUND
Applicant: Laurel Oaks, L TD
Dallas, TX
The applicant is requesting the rezoning of the subject property to an NR-4 zoning
district. The property abuts NR-4 and NR-2 single-family residential neighborhoods to
the north and NR-4 to the east. The Mack Park Apartments are located on the western
boundary and on the southern boundary is Mack Park and a NR-4 single family
residential neighborhood.
A chart showing the comparison between the existing NR-2 and the proposed NR-4 is
provided in the Staff Analysis section.
The applicant originally requested to rezone the property to NR-6 with an overlay district.
The zoning change request was heard by the Planning and Zoning Commission on July
13, 2005 and was tabled to August 10, 2005. The applicant has requested to rezone the
property to NR-4 with no overlay district.
Public notification information is provided III
Attachment 3.
PRIOR ACTIONIREVIEW
This case was tabled from the July 13, 2005
Planning and Zoning Commission meeting to
allow changes in the proposed site plan.
!L
-~.
The Denton Planning and Zoning Commission recommend denial of a request to rezone
approximately 7.4 acres from NR-2 to NR-6 in March of 2004. Applicant withdrew the
request before it was presented to City Council.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDA TION
The Planning and Zoning Commission recommends approval 7-0.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Publi c N otifi cati on (Property Owner N otifi cati on Map)
4. Site Photos
5. Site Aerial
6. Letter of Intent
7. August 10,2005 Meeting Minutes
8. Ordinance
Prepared by:
~~
Lori Shelton
Planner II
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
2
ATTACHMENT 1
Staff Analysis
Summary of Zoning Request
The applicant is requesting the rezoning of approximately 11.58 acres, currently zoned
NR-2, located approximately 360 feet south of Paisley and 425 feet west of Mack Drive
and is adjacent to the southeast boarder of Audra to a NR-4 zoning district.
Existing Condition of Property
The property is currently undeveloped.
Adiacent zoning and land uses.
North: Neighborhood Residential (NR-4 and NR-2) (existing single-family
neighborhood and some undeveloped land)
South: Neighborhood Residential (NR-2 and NR-4) (Mack Park and single-family
neighborhood)
East: Neighborhood Residential (NR-4) (primarily undeveloped and single-family
neighborhood)
West: Community Mixed Use General (CM-G) (Mack Park Apartments)
Comprehensive Plan Analysis
The Denton Plan identifies the subject site as an "Existing Neighborhoods/Infill
Compatibility" future land use area. New development in this district should respond to
existing development with compatible land uses, patterns and design standards. The plan
recommends that existing neighborhoods within the city be vigorously protected and
preserved. Housing that is compatible with the existing density, neighborhood service,
and commercial land uses is allowed. The Denton Plan defines compatibility as "The
characteristics of different uses or activities or design which allow them to be located
near or adj acent to each other in harmony... Compatibility does not mean "the same as."
Rather, compatibility refers to the sensitivity of development proposals in maintaining the
character of exi sting development" (p .18 8).
Development Review Analysis
Access and Capacity
Access to the property is limited to Audra Lane. A traffic impact analysis will not be
required for a single-family use that produces less than 1,000 trips per day.
Public Infrastructure
The city tile maps show a 6" water main along Longmeadow Street to near the south
property line and an 8: water main along the east side of Audra Lane. The city tile maps
show an 8" sewer main along Longmeadow Street to near the south property line and a
15" sewer main along the median of Audra Lane.
Development Code / Zoning Analysis
The NR-2 zoning district allows a maximum density of 2 dwelling unites per acre. The
NR-4 zoning district allows a maximum of 4 dwelling units per acre, which are permitted
in the form of detached single-family dwelling units. The chart below illustrates the
differences between the two zoning districts.
Residential Land Use Categories I Existing I Proposed
Zoning NR-2 Zoning NR-4
Single Family Dwellings P P
Accessory Dwelling Units L(1) L(1)
Attached Single Family Dwellings N SUP
Dwellings Above Businesses N N
Live/Work Units N N
Duplexes N L(3)
Community Homes For the Disabled P P
Group Homes N N
Multi-Family Dwellings N N
Manufactured Housing Developments SUP N
General Regulations I Existing Zoning I Proposed Zoning
NR-2 NR-4
Maximum Density, dwelling units per 2 4
acre
Minimum side yards for non-attached 10 feet 6 feet
buildings
Maximum Lot Coverage 30% 60%
Minimum Landscaped Area 70% 40%
Limitations:
L(t) = Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform with the overall maximlUlllot coverage and setback requirements of
the
underlying zone.
2. The maximum nlUllber of accessory dwelling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not
exceed 50% of the GHF A of the primary residence on the lot, and shall not exceed 1000 sq. ft.
GHF A unless the lot meets the requirements of L(l).S.
4. One additional parking space shall be provided that conforms to the off-street parking provisions
of
this Chapter.
5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not
exceed 50% of the GHF A of the primary residence on the lot, where the lot size is equal to or greater
than ten acres in size. An SUP is not required for such an accessory residential structure where the lot
size is equal to or greater than ten acres.
L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots
which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual
common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter
13. Additionally, units must have the appearance of a single family residence from the street.
ATTACHMENT 2
Maps
NORTH
LOCATION AND ZONING MAP
FUTURE LAND USE MAP
6
~I
"IJD,llIlPllbIJlflil.lll
,.
~~~
ATTACHMENT 4
Site Photographs
View from Audra looking
northeast along northern edge
of property
8
ATTACHMENT 5
Site Aerial
ATTACHMENT 6
Letter of Intent
CRANNELL, CRANNELL" MARTIN CORPORATION
801 ENTERPRISE DRIVE FLOWER MOUND, TEXAS 75028
972.691.6633 972.691.6628 (FAX)
July 19, 2005
Denton Zoning Commission
Denton, Texas
RE: Laurel Oaks Zoning Case
16.16 acres on Audra Lane
Rezoning 11. 5 8 acres
Dear Commissioners:
We come forward to present this rezoning case as a compromise between our applicant
and the surrounding neighbors. We have been working with the neighbors to reach the
proper product that will meet our client's wishes and be acceptable to the existing
residents. We would like to request straight NR-4 zoning for the subject property. The
neighbors have stated from the beginning that NRA zoning would match the surrounding
zoning and they would not oppose NR-4 zoning.
In the interest of our client and the neighbors we ask you to consider granting NR-4
zoning on the subject property. We are asking for straight NR-4 zoning with no special
provisions or overlay districts.
:f)?2Z
ATTACHMENT 7
P&Z Minutes, August 10, 2005
CondcnscIt'DI
Page S Page 7
I COMMISSKIR STlANCI!: 1billlllltt iItm is !be I MS. SHELTON: Yeah. There's just a little
2 ~ of~)' 11-' _ fitm IhD Nc.IIshbodIOOd 2 NR-Zo I thiok it's probubly ria1rt ubout them.
3 Rr:dlkm1al NIM ZOII!I1I DlstrIcl; 10 !be Nelgbhorhood. 3 COMM1SSIONFJl STRANGB:: AD'J other quesrions
4 RM:leotiaI N\N ZOIliJIg Dis1r4:t MIl. SIdlon. 4 of staff1
S MS. SHIlL Tm. 'dwl Laurd. 0Bb: Zooins (llI1Ill S COMMtSSIONBll ROY: wen. If I may.
6 WlS I1IbJec1. from IhD July - pardoII me. J 311:1, PIllDDiDa: &Dd 6 IDMMlSSIONEIl S'I1lANGE: Mr. Roy.
7 ZooiPg CwwnisWou mcctiJIg to allow the: IlppliClmt in lbc 7 OOMMtSSlONBR ROY: FtJllowiog up on that, do
8 DDighborhood 10 \WlIk out lKlI1Ill OOlICflnlI dIld lbe 8 we lalow wb8t's going to b8ppcn. because wo've IIC:ClI this
9 PCighborhood lwi. As yw -n ~ lIpplicant was 9 Sl.'VeI'Il1bnes 88 OPe greet bIg pwellllld is tm any
10 IcqIlCSliDa NlH ZlmiDI willian cnrerIay di8tric:t to IIiIow 10 diSCUSBioa about what lwppem to the rest of that big
11 8bChcd ciagk; family lIcNeIcpmcIIl wiIb III opellllp8Ce. 11 J1~ becauso that's wbmI most of the trees are, I
12 'IbD Ippll(lllllt bas Blnctl dwJ&ed bls rcqucsl 12 thlDk, the otber one, I'mjust curious.
13 1ll11nlsbt NRo4 zonJna Wtdch IIIawt dctItObccI'lnaIo 13 MS. SHELTON: NO, other than. ii's straight
14 f~ residential dovdopml:nt at II dcndty of roar 14 2!lIliJIg: for NR.-4,1O we do DOt have II site plaD 1lSSOCiah:d
15 dwoIIIns'l pel' om. 8m Is a .. lbc :r.oning map of lbc IS a~ wo did when there Wll8 an overlay districT.
16 lIl12I which 1howI!be 1WTOIIlldI11I- primldIy Nl\-4. Iii MS. CARPBN11!R: BUt the tm:: pL'QlJCl'Vlltion
17 Thcrt:', WI.-2to 1hc:: IOUlh, ",hid1 is, of llOIDIO, MIllk Padc. 17 n 'quinllDllnls win apply to this wIx:D be comes in to plat
18 'Ibc DOtIf'lea1ion - "" did _d out, of 18 il.
19 CourBC, II notificatiOOl dxJwiog tile N\N -Ill!. I've 19 COMMISSIONI!il S'IRANGIl: Any otber questions
2t'l received ocly 00fl1\Cllificatloa aDd lba1 was In support of 20 of stBI'f'I 'I1umk.)'mI. This is II public hearing. We'll
21 1be RqUCIIl. Alld I'D illlWeI' way quoslions. 21 now opeD !be public bearing. Is It.: applicanll1ere and do
22 roMMlSSIONIlR S'I'IlI\NOII: AIJYOII8I11ve any 22 I h~1' w1sb to speak?
23 qucetions of ataff7 MIll. Roll. 23 If you would, plea&e ccme down and give lIS
24 00NMISBI0NIlIl HOLT: 0lI1111t..,., around 1bc 24 )'tILl!" IIlIIDe and address.
25 . 0II1bm lwo ria 1IBt look 'IICIIlI. WIll !bat perl 25 MIl CRANNBLL: Mr. ChaimlllD, and mcmbm. of
Page 6 Page 8
J of illast time? Was that part of the pan:d. last time? 1 tOO ('~ My DII\1C II JefT CrarmclL 801 1!m&:qu'iJI:
2 )IS, SHELTON: I'm not lIWC I undl:rsbmd 2 Dri~ ~ Mound, Tens, bcrtI this \MIIliDs rcprcscmIllll
3 your questi.ori. Kind of to -- 3 1I11l 0IVDllI'. We'vc met on !biB riIc Dl\Illl3'CIUt, nllll\Cl'Otll
4 COMMlSSlONER. HOLT: Kind. of over by -- to 4 1;I1.,.lllId the IBlIt omIng __ _lIbill 10 ~ II fraok
5 the cast and DCl'th.. 5 d ,:scuuioa ,bold whal1hc DCig\JhorB WIIIIlOO., wtlllt I' &: Z aDd
6 COMMISSTONER 8'I1tAJtlGE: staff - Mrs. 6 hopefull;y Couneil WIIIIIII. h mu't 1PBICb up ",ilb whal
7 Carpcnta- has It clarifIcaIioo., 7 they WIllI, but at tII18 poIot, WIl_ able 10 brlng .in WI
8 MS. CAltPBNTIlR: Let me see if I CIID help 8 "11--4 zonlns rcq1IllIJt 10 this body.
9 you clarify Ihat:. The ydl.ow on the east aide, .'s 9 They'", lIIIXiuUl 10 _ forward willi their
JO taIkiJ!s: about the wbiIe pitx:e iD betwalIl tb=I ycI1aw and 10 (k'lIClopmelll!l. So lha Imt Ilep WOIJkI be on to p1IIti...
II the red line. II ". 'I CI:IlUIly ZODUw iI (JDI' firtt isw8. ~ ucighbonl
J2 MS. SHELTON: Jtigbt. That bad bcca. 12 Do llllmls from clay ~ ilIdksIaIlbat NIH would \lo llll
13 prev10uaIy R2IJIIed. I think, about III yw: 8@P, I belliMl, 13 1~~11O ~ eaaId lIIIpJlClI1. lllld I tbink \\o\I'w probably ~t
14 to NR-4. 14 1I11lllll!ior!ty of 1hc DCIcllWa suppCII1 fur NlN ZllII1na.
15 MS. CNU'EN1'flR: so il wasn't II parl- 15 Wc'I!:I not ask/IIg fl,ll' 811)' IJIhlo:r dl.'\'iIIIillll&,
J6 MS. SHELTON: It was not a part of this 16 lKl.. >'='> )'WI' trm ,-tioll nil all 01b0r MiinDnceI
17 mnlng. 17 ,,::1 he: In c:ffeet sod en certainly ~ 10 1ixIIc IIIld
J8 COMMI8SIONEIl HOLT: ob, okay. 18 ","r.: IIIIXious 10 pOt II aoad prqjact onlht: ground.
J9 MS.llHBLTON: SO lhcy had orlgIna11y 19 COMMISSlONIlO 8'JlW<Gf!: Anyooc: havo any
20 requested N1NS for thil. 20 CJ,....liull8 d diD appIicInt? '11mnk ~ very much.
21 COMMISSIONER.' HOLT: ADd !he pan:d to 1m 21 Is 'lhere M)'OIIO d8I: = who wishes to
22 JWIth. was NR-4. also? 22 ........It :fix' tIdI il1:m.? We 8liU &avo no Clllds. Is Ihcre
23 MS. CARPEM'ERl Yes, lD!l'am. And ac:t a part n II:: ~lm8 eI& wIlD wlBIICIlO speak for? Is 1boro llD)'UIIIl who
24 of this. 24 " ,!ato &pelIk ~ Nobody WlIIIIS 10 RpCIIt III all.
2S COMMISSIONEll HOLT: Okay. 'Ibfmk you. 2S ( ...,)'. Wo'II em !be pabUe bemiDg. Do we: baw: II
PLANNING AND ZONING MINUTBS AUGUST 10.200:;
Page 5 - Page 8
Condcosclt'DI
Page 9 Page 11 I
1 motion on thIr. hcn1? 1
2 COMMlSlIIOM!Il WA11We ~ IIppmll af 2
3 ~ Laurd. ow. 3
4 COMM!SllWNII1I. STIWf(II!: we hIvo II ftlOdOlL 4
S Do we haw: fl secood? 5
6 COMMISSIONER TBIBOOI!AllX\ secmd.. IS
7 c:a.n.fISSIONI! mtANCH!: we MW. lIIlJtion by 7
8 Mr. Wlltklns and a IllIlOIld by Dr. 'Ihibodc:twr;. Any 8
9 dit\l1Jl8ioll,? Please, we. MofHm puses 7-0. 9
10 TbIlt CODCJudc8 11m' Apda for tleO\fC:l'liIll- ]0
11 M !lac any Ibtmo iIlJIl1d8. __ 8D)'OOIl wishes t:I briIIg 11
12 forward? 12
~ ..
13 M9.. CARPI!NTIIR: Mr. Cbalnnan. rd like fD 13
]4 address 1lIIt is_ - 14
15 COMWlSSlONBR ~ WI. Caqlcnkr. 15
lIS M5. CARPBN'I'IIIt: - future lI&fIIda :IIl:ma. 16
17 COMMISSlONBUlllANllB: yes, plraIc. 17
IS MS. CAAPI'HTIlIl: DUe to lIOIl1& ~ In tie 18
19 S.law. Ib; Raft' will ~ mi.. to tho Plallllins and 19
20 ZODiq;j: ComnUsskm OD Aupst 24th - perdon DlC, ebmp to 20
21 0IIpIcr - subchapIcr ]6. wbieb it de subdMslon 21.
22 qulatioDs oIlho DcvdlIpmcat Code. and ehaJlse:s fD 22
23 0IlIptJ:r 34. wbiclJ ate the ll\IbdNlsioo. repla1ionIlhat. - 23
24 in 100 Denton Code of On:linanccs. TIx: Counl:il ditccDS US 24
25 ~y to bring ~ forward to you. ] don't haw. 2S
P.1O
1 draft to share with you today. But we wiD be: ho1diD8 a
2 public Maring 011 tbat item 011 August 24th. lust a bead',
3 up.
4 COMMISSlONBR STRANGE: okay. Will wo be
5 lIblc to F the pmentatioo material earI.ier than DDI'D1lll?
6 MS. ("ARPIlN'IER: t will very much Btklmpt to
7 do that, Mr. 0lIIirmm.
8 COMMISSIONER 8'l1WfGS: Okay. Sloce ow him
9 short Illlliee. it would probably give us !be beDefit to
10 !me a little Il'lOOl tUnc to review that.
II MS. CAIU'E!NTBR: 1t may bo just. that item -
12 COMMISSIONER S'mANGB: That would be ftne.
13 MS. CAlU'a."'I1!R, -- that we will be able to
14 get: out early.
15 CQMMlSSIONBJl STRANGE: oood. I diiDk
16 that's all we'd need Anyone else bawl any questions or
17 commeats? With that, we will cIos8 the 111CICliDg.
18
19
20
21
22
23
24
2S
PLANNING AND ZONING WNUTBS AUGUST 10.2005
Page 9 - Page 11
ATTACHMENT 8
Ordinance
s.'OI&t~~
ORDINANCE NO.
AN ORDINANCE OF THE ClTY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICI' TO THE
NEIGHBORHOOD RESIDmmAL 4 (NR-4)ZONING DIS'IRICT CLASSIFlCATION AND USE
DESIGNATION FOR APPROXIMATBLY 11..58 ACRES OF LAND LOCATED
APPROXIMATBLY360 FEET SOUTHOFPAlSLEY AND 42S FEET WEST OFMACKDRIVB
AND IS ADJACENT TO THB SOUTHEAST BORDER OF AUDRAINIHBClTY OF DENTON.
DENTON COUNTY. TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2.000.00 FOR VIOLATIONS THEREOF, A SEVERABnITY CLAUSE AND AN
EPFECl'IVE DATE. (ZOS-0002)
WHEREAS. Laurel Oaks. LID has applied fOr a change in zoning for approximately 11.58
acres ofland particu1arlydescribed in ExlnDit "A" fromNeighborOOod ResideOOa12 (NR-2) zoning .
district to the NeighboIhood R.esidentia14 (NR-4) zoning dislrict zoning district classification and
use dP.lligJ1R1:ion; and
WHEREAS. on August 10.2005. the P1amJing aud Zoning (:nmmiuinn recnmmeoded
approval ofthc requested chaIJge in mning; and .
WHEREAS, the City Council finds that the change is CODSist:el1t with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The finil~ and recitations cmrtAined in the pmlIIlb1e of this ordinaoce are
incorporated herein by reference.
SECTION 2. The zoning dism.ct classification and use designation ofthc Property is hereby
c:hanged from NeighboIhood ResideD1ial2 (NR-2) zoning district to the NeighbOIbood :P:esimmtia.l
Mixed Use 4 (NR-4) zoning district classification and use.
SECTION 3. The City's offi.cial zonb1g map is ."ended to show the change in zoning
district Cllllllllifieatioo.
SECTION 4. Anypcrson violating any provision oftbis ordinance shal1, upon oonviction.
be fined a sum not exceeding $2,000.00. Bach day that a provision of this o:rd:iname is violated sball
coostitute a separate and distinct offense.
SECTION S. If any provision of this ordinance or the application t!meofto aoypenon or
cimumstanoe is held invalid by any court, such invalidity shaD not atfcct the validity of other
provisions or applicalions, aud 10 this end the provisions of this ordinance are severable.
::':Iuur uOCurnentsIUTOmanCeSIU,IL.U,-UUUL uramance.ooc
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
pub lished 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
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
PAGE 2
~;\Uur LJUCUIlll;:\\(l) \UrulIlalIIXSIV.J ILV.J-UVUL UlUlllalllX.UUC
Exhibit "A"
11.58 ACRE TRACT
BEGINNING at a point being the most Northerly Northwest corner of
subject tract, and being in the south right-of-way line of Audra
Lane;
THENCE North 88057'03" East, a distance of 626.14 feet to a
point for corner:
THENCE South 01002'57" East, a distance of 135.00 feet to a
point for corner;
THENCE North 88057'03" East, a distance of 12.45 feet to a point
for corner;
THENCE South 01000'52" East, a distance of 446.50 feet to point
for corner;
THENCE South 86001'43" East, a distance of 9.34 feet to a point
for corner;
THENCE South 02008123" West, a distance of 133.21 feet to a
point for corner;
THENCE North 87051'37" West, a distance of 150.84 feet to a
point for corner:
THENCE North 87015'02" West, a distance of 312.26 feet to a
point for corner;
THENCE North 87042'28" West, a distance of 283.66 feet to a
point for corner;
THENCE North 00031'28" East, a distance of 591.32 feet to a
point for corner in the south right-of-way line of said Audra
Lane;
THENCE North 47027'43" East, along said south line of Audra
Lane, a distance of 118.66 feet to the POINT OF BEGINNING and
containing 504,365 square feet or 11.58 acres of computed land.
PAGE 3
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
DEPARTMENT:
Planning and Development Department
ACM:
Jon Fortune, Assistant City Manager
SUBJECT: DCA05-0004 (Swimming Pool Setbacks)
Hold a public hearing and consider the adoption of an ordinance regarding amendments to the
Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to
amendments of Subchapter 12 (General Requirements) related to setback requirements for
swimming pools as accessory structures. The Planning and Zoning Commission recommends
approval (5-0).
BACKGROUND:
Local property owners, pool installation professionals and staff (including the Building Official)
are concerned about setback requirements for swimming pools in single family residential
zoning districts. Currently the Denton Development Code defines a swimming pool as an
accessory structure to the main structure on a lot and requires that the pool be separated from the
main structure or other structures by at least ten feet and separated from the side and rear
property lines by five feet.
Recent discussions with local property owners and pool installation professionals lead staff to
believe that the existing setback requirements for swimming pools are too great. An additional
issue is the width of the side and rear setbacks for pools.
Like Denton, many communities also regard swimming pools as accessory structures. A survey
of setback requirements of nearby communities shows that swimming pools may be placed from
five feet to zero feet from the rear and side property lines. Setback requirements for swimming
pools are measured from the edge of the water to the setback line.
CITY POOL SETBACKS CATEGORY
Side Rear
Keller None None J\ccessory Structure
Flower Mound 5 feet 5 feet Permitted Use
The Colony 3 feet 3 feet Permitted Use
Frisco 3 feet 3 feet Accessory Use per bldg code.
McKinney 5 feet 5 feet Accessory Structure
Dallas None None Accessory Use
Lewisville 3 feet from deck None Accessory Use
1
PROPOSED DEVELOPMENT CODE AMENDMENT
Decreasing the setback distances for pools will allow greater flexibility for design in limited
backyard spaces on many residential lots and preserve the integrity of public utility easements
which exist. The proposed setback from the main structure provides an ample separation from
any potential exterior electrical features on the main structure.
The proposed amendment is highlighted in the text below. The remainder of the text is supplied
for the context of the proposed amendment. Setback distances for other accessory structures are
proposed to remain at ten feet from the main structure. No additional changes to this sub-section
addressing accessory structures is proposed at this time.
"35.12.4 Accessorv Buildings and Structures.
Accessory buildings and structures shall comply with all requirements for the principal use
except where specifically modified by this Subchapter and shall comply with the following
limitations:
A. No accessory building or structure may be located within the required front yard or
within an easement.
B. Guest Quarters. The issuance of permits for construction and occupancy of guest
quarters shall be subject to compliance with following conditions.
1. The guest quarters shall be located on the same lot as an existing detached single-
family use and may be located within or attached to the principal building or in a
detached accessory building.
2. No more than one (1) guest quarters per tract or lot shall be allowed.
3. Guest quarters shall not be used as rental units.
4. The guest quarters shall be served by the same utility meter as the primary
dwelling, and the building materials and architecture will be similar or in concert
to the primary dwelling unit.
5. The floor area within the guest quarters shall not exceed fifty percent (50%) of the
floor area of the primary dwelling unit.
6. A guest quarters in a detached building shall be located no closer to the side lot
lines than the main residence.
C. Mechanical equipment shall be subject to the provIsIOns of this Section. Such
equipment shall not be located between the main structure on the site and any street
adjacent to a front or side yard, and every attempt shall be made to place such
equipment so that it is not visible from adjacent public streets. Mechanical equipment
may be placed in a side yard abutting a side street if there are lot or building
constraints from placing it in the other side yard and the equipment is screened with a
fence or landscaping. Any installation of mechanical equipment shall require a
building permit.
2
D. Regardless of the side and rear yard requirements of the district, in a residential
district, a side or rear yard may be reduced to three (3) feet for an accessory structure
erected more than fifty (50) feet from any street, other than alleys, provided the
structure is detached and separated from other buildings and structures by ten (10)
feet or more, and is no more than fifteen (15) feet in height with the following
exception:
1. A swimming pool on a lot with a single family home may be constructed no
closer than five (5) feet from any other buildings and structures on the same lot.
2. A swimming pool on a lot with a single family home may be constructed no
closer than three (3) feet from the side and rear lot line and the swimming pool
shall not encroach on an easement.
E. Accessory structures, excluding pools and agricultural buildings, may not total more
than 25% of the area of the principal structure on the lot."
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
July 13,2005 - Planning and Zoning Commission Public Hearing
FISCAL INFORMATION
None available.
OPTIONS
1. Approve as submitted.
2. Approve with conditions
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDA TION
The Planning and Zoning Commission recommends approval. (5-0)
ATTACHMENTS
1. July 13, 2005 P&Z minutes
2. Ordinance
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
3
CondenseIt'I'M
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Page 69
COMMISSIONER STRANGE: Next item on the 1
agtnda is an amendment to subchapter 12 of the Development 2
Code related to the setback requirements forswilmning 3
pools as necessary structures. Mr. Cook. 4
MR. COOK: Thank you, Mr. Chair and 5
Commission. Again, Stephen Cook with the Planning 6
Department. This item n staff was approached by 7
residents and both pool construction professionals that 8
exist within the conuuunity as to the setback standards of 9
swimming pools that reside within the Development Code. 10
Swimming pools exist as accessory structures to the main II
structure witllin our n as defined within our Development ] 2
Code. They're cUITently required to be set back 10 feet 13
from the main structure or other strucnrres and then five 14
feet from the side yard and rear yard setbacks. 15
The construction professionals had 16
approached the City staff in stating that this is a 17
limitation to design and be able to install pools 18
throughout the conununity in various lot configurations. 19
So staff did n examined our current standards and 20
compared it with other cities as shown in your backup. 21
And we show that as swilmning pools in n as used as 22
accessory structures, that our standards tend to be a bit 23
excessive. And so, therefore, staff expedited a slight 24
amendment to the Development Code in which we're asking 25
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Page 70
your opinion on this evening is to modify the setback ]
requirements specifically to swinuning pools as accessory 2
structures. Other accessory structures such as barns or 3
pool houses 01' other types of vertical type of 4
consTIuction would not be affected by the amendment. 5
The amendment that we're asking for this 6
board to consider and to move on to the City Council is to 7
modify for swinulling pools to a five-foot setback from the 8
main structure and other accessory structures within the 9
lot and three foot setback from the side yards and the 10
rear yards, which is more in line to the -- to other 11
cOllununity setback standards. And we're available for any 12
questions. 13
COMMISSIONER STRANGE: Anyone have any 14
questions of Mr. Cook? The only question 1'd have is 15
really more of a comment. When we're talking about -- ]6
MS. CARPENTER: Mr. Chainnan, 1've been 17
told by the tech staff that that is somebody's cell phone 18
going off silently and it's ringing through the mike. So 19
would you check your cell phones, please. 20
COMMISSIONER STRANGE: Don't have one. 21
MS. CARPENTER: That's what he said it was. 22
COMMISSIONER STRANGE: okay. Well, if you 23
have your cell phone, please check. Just as a COlllillent, 24
you're required in Denton, I believe, and most other 25
PLANNING AND ZONING MINUTES JULY 13,2005
Page 71
municipalities to have a fence around a pool anyway. So
this setback pretty well from ten foot to three foot is an
invisible setback anyway for the most part?
MR. COOK: That is correct. But
additionally, it would -- just for clarification that any
swinuning pools would also be required not to be
constructed in any easements that would exist as well. So
that easement still would be preserved from any
encroaclunent.
COMMISSIONER STRANGE: Right. Okay.
Anyone else have any COlmnents? Okay. Thank you very
much.
MR. COOK: Thank you, sir.
COMMISSIONER STRANGE: This is still a
public hearing and so I'll open the public hearing. Is
there anyone here who wishes to speak for or against this
item? No one here wishes to speak for or against, the
public hearing is closed. Do we have any motions on this
item?
COMMISSIONER WATKINS: Move to approve as
submitted.
COMMISSIONER HOLT: second.
COMMISSIONER STRANGE: Have a motion by Mr.
Watkins and a second by Mrs. Holt. All in favor -. or all
-- unless there's opposition, please, vote. Rephrase
Page 72
that, unless there's discussion, pLease vote. Vote passes
5-0.
Page 69 - Page 72
S:\Our Documents\Ordinances\05\DCA05-0004.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 12 OF THE DENTON DEVELOPMENT CODE PERTAINlNG TO THE
SETBACK REQUIREMENTS OF SWIMMING POOLS AS ACCESSORY STRUCTURES;
PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE (DCA05-0004)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting a public hearing as required by
law on July 13, 2005, the Planning and Zoning Commission recommended approval of certain
changes to Subchapters 12.4.D of the Development Code pertaining to the setback requirements
of swimming pools as accessory structures; and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject changes to the Development Code are consistent with
the Comprehensive Plan and are in the public interest; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Subchapter 12.4.D of the Development Code is hereby amended to require
1. A swimming pool on a lot with a single family home may be constructed no closer than five
(5) feet from any other buildings and structures on the same lot. 2. A swimming pool on a lot
with a single family home may be constructed no closer than three (3) feet from the side and rear
lot line and the swimming pool shall not encroach on an easement. All other provisions of
subchapter 12 not inconsistent with this amendment shall remain in full force and effect.
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 section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
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 Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of its passage.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK., MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
DEPARTMENT:
Planning and Development Department
ACM:
Jon Fortune, Assistant City Manager
SUBJECT: DCA05-0003 (Definitions of Townhouses)
Consider adoption of an ordinance regarding amendments to the Denton Development Code and
the Code of Ordinances of the City of Denton, Texas related to amendments to Subchapter 23
(Definitions and Terms) of the Development Code regarding townhouses. The Planning and
Zoning Commission recommends approval (4-1).
BACKGROUND:
This topic was raised at the October 2002 Quarterly Review of the Development Code and has
been discussed by the Planning and Zoning Commission at four work sessions, the most recent
being May 25, 2005. The two basic issues raised are the definition for townhouses, and public
hearing requirements.
First, the Development Code references townhouses in Subchapter 23 (Definitions) twice under
"Townhouse" and "Townhouse, Fee Simple".
Existing Code Definitions:
Townhouse: See "Dwelling, Townhouse." (NOTE: - No definition if Dwelling, Townhouse in
existing Code.)
Townhouse, Fee Simple: See "Dwelling, townhouse, fee simple." (NOTE: - No
definition of Dwelling, townhouse, Fee Simple in existing Code.)
The definitions of Townhouse and Townhouse, Fee Simple refer to other definitions that are not
in the Code. There is no reference to townhouse(s) in Subchapter 5 (land use categories) either.
Staff believes that the townhouse definitions were removed from the Code because the land use
category term (Subchapter 5) for "townhouse" is attached single-family (see below), but the
references were not revised. Adding new definitions or changing the reference for townhouse to
"Dwelling, Attached Single-family" (not "Dwelling, townhouse") resolves this issue.
The terms townhouses and attached single-family dwellings are (or should be) interchangeable.
Single-family attached dwellings are currently defined as follow:
Dwelling, Single-Family Attached: A structure consisting of three or more single-family
units, in which each unit extends from the foundation to the roof with open space on at
least two sides.
The issue of the ownership of single-family attached units was raised during the May 25, 2005
work session. Commissioner Strange raised the concern that rental attached single-family units
may be similar to multi-family developments. The current definition of "Dwelling, Single-
Family Attached" does not take into account ownership and/or subdivision of land and is
1
somewhat simplistic. Ownership issues were removed from the definition because the thought at
the time was that the design of the units was (is) more important than who owns the unites).
The second issue raised is to require approval of a Specific Use Permit (SUP) for attached single-
family dwellings proposed in NR-6, NRMU-12, and NRMU zoning districts that are within 200
feet of an existing single-family neighborhood. Attached single family dwellings (townhouses)
are currently allowed in the NR-3 and NR-4 zoning districts with an approved SUP and in the
NR-6, NRMU-12, NRMU, DR-2, DC-N, DC-G, RCR-l, RCR-2, RCC-N and RCC-D zoning
districts by right. The SUP process does provide for community input and might "take away
some of the public fear of inappropriate development" as identified in Attachment 1. However,
a great deal of time, money and effort is required for an SUP without any certainty for approval
(regardless of the content and design proposed).
One of the main changes of the Development Code was the inclusion of architectural and site
design regulations (Subchapter 13). The intent of those regulations was to provide a level of
certainty for residents and developers. If the standards were met, an approval was guaranteed.
SUP's were required for uses, which by their nature might be incompatible with surrounding
uses. If the proposed definition of Attached Single-Family is accepted and approved, by its
definition, townhouses would be a type of single-family development, which should be
compatible to other single-family development. The density at which it develops might not be
compatible, but that is a zoning issue, not a design issue.
The Planning and Zoning Commission concurred with staff's recommendations and directed
staff to proceed with the public hearing for the amendments.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
September 22, 2004 Planning and Zoning Work Session meeting
October 13, 2004 Planning and Zoning Work Session meeting
November 10, 2004 Planning and Zoning Work Session meeting
May 25, 2005 Planning and Zoning Work Session meeting
July 13,2005 - Planning and Zoning Commission Public Hearing
PROPOSED AMENDMENT TO THE DEVELOPMENT CODE
Based on the intent of the Development Code and previous work session discussions with the
Planning and Zoning Commission staff recommends the following:
1. Amend the definition of "Townhouse" in Chapter 23 to read: Townhouse: See
"Dwelling, Single-Family Attached"
2. Amend the definition of "Dwelling, Single-Family Attached" in Chapter 23 to read:
A single-family dwelling that is a part of a single structure containing at least three, but
not more than eight, such dwellings, and each dwelling:
. Is one or more stories in height,
. Has an outside individual front and rear entrance on the ground floor,
. Is separated from the other dwellings in the structure by fire-rated common walls,
. Has an individual meter for each utilities,
. Has access to a public street or alley,
. Has frontage on a public street,
2
. Occupies its own individual lot.
3. Staff does not recommend requiring an SUP for Attached Single-Family Dwellings in the
NR-6, NRMU-12, NRMU, DR-2, DC-N, DC-G, RCR-l, RCR-2, RCC-N and RCC-D
and zoning districts.
FISCAL INFORMATION
None available.
OPTIONS
1. Approve as submitted.
2. Approve with conditions
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDA TION
The Planning and Zoning Commission recommends approval. (4-1, Commissioner Strange
Opposed)
ATTACHMENTS
1. Citizen Correspondence, October 2002
2. July 13, 2005 P&Z minutes
3. Ordinance
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
3
A'ITACHMENT 1
r-
Mike Cochran
610 West Oak. St.
Denton, Texas 76201
OCtober 19, 2002
Mayor Buline Brock,
Members of the Denton City Council,
RB. At:t:ached Single Pamily Zoning
Dear Mayor Brock,
The City Council amended the Denton Development Plan
on October 15, 2002, to remove the requirement for a
Specific Use Permit (SUP) for Attached Single Family
Dwellings in the NRMU zoning district. .An SUP calls for a
public hearing before granting the zoning approval. This
process allow for those neighbors affected by the proposal
to have the opportunity to see what is planned and comment
r' on it at planning" Zoning and the City Council.
One developer complained about the need for these
public hearings. His comments imply that Public Hearings
are a bad thing to be avoided.
Referring to the public hearing process, Carter and
Burgess representative Mark Donaldson stated:
"Such a requirement is a huge restraint on development
because it requires a public hearing. A small band of
neighbors who don I t want anything buil t anywbere Dear
them can too easily sway a commissioD or council into
defeating a proj ect..." '
The question is, are public hearings bad for the
community? Although Elise Ridenour, of the West Oak St.
Homowners Association, and I both spoke against this
change, the Council seemed to be "swayed" more by a single
developer to the point that I would question whether or not
Mr. Donaldson really has anything to worry about.
r...
During the discussion ac the council meeting these
Attached SF Dwellings were defined as ~townhousesu and it
r.
was this image that characterized the entire discussion of
the issue.
The common perception of this housing type is
individually owned and separately platted, .up-scaleN,
higher density housing, like the popular row houses that
are popping up around Dallas. Townhouses answering to this
description are not likely to get much opposition from
neighbors.
The problem is that iD DentoD there i. DO clefini tioD
of -townhouse"'. The only requirement for these types of
Attached SF structures is that they have a "foundation" and
a "roofN and nothing else to differentiate them from
apartments. We have both good and bad examples of these in
Denton. There are some on West Hickory St. in .Cement City"
and some more on Allegre Vista, off Dallas Drive behind the
Lone Star Car Wash.
In Denton, -townhouses"come in under the category
Single Family Attached Dwelling.
r'
DwcUiDg, SiDglc-PuniIy Attached~ A structure consisting of three or more single-
family units, in which each unit extends from the foundation to the roof with open
space on at least two sides.
There is no requirement for individual plots of land;
no separate utility requirements; no public street access
requirement; no firewall requirement; no requirements that
conform to the common understanding of a townhouse, save
the requirement for a foundation and a roof. They are, what
used to be cal.led, studio apartments.
There are only two functional differences between the
S-F Attached and the standard Multi-Family apartment:
apartments can be built one over the other and these Denton
"townhouses. have to be built side by side. Apartments are
also required to have dumpsters and the so-called
"townhouses. can put their trash out on the street in bags.
Why this matters?
r
The elimination of a proper definition of "townhouse'
from the Denton Code bas created an enormous loophole in
which regular apartments, with some minor design
modifications, can locate in areas where otherwise
{'
apartments are prohibited. By removing the requirement for
a public hearing in the NRMU district this loophole is
broadened.
Under the Development Code, apartments in the NRMU
district are required to be part of devel~pments that are
10 acres or larger. Before this latest change, S-F Attached
were required to have an SUP before being built. The SUP
offered an opportunity for citizen input as well as a full
discussion of the proposal at P&Z and the City Council. In
Addison, they require a public review of each new townhouse
project having decided that each project must be "judged on
its own merits". (See note below) ,
If a proposed townhouse development is far away from
existing neighborhoods then it is unlikely there would be
any opposition, but nevertheless, there would be an
opportunity for the Council and citizens to see the plans
before the project is built.
r
The Council is discussing other revisions to the Code,
which in NRMU-12 districts would require an SUP for
apartments proposed within 200 feet of an existing
residential neighborhood. This is being presented as a move
friendly to neighborhoods and to a very limited extent it
is. It was hoped that this new provision might stem some of
the neighborhood opposition to the NRMU-12 zoning district
due to the wide range of permissible uses that might abut
existing neighborhoods.
Any positive benefits derived by the new 200-foot
limit in the NRMU-12 district are offset by the removal of
the SUP requirement for the studio apartments in the NRMU
district.
What about Townhouses?
r-,
The "dwelling" definitions in the Code that were
passed in Pebruary of 2002 were adopted in the Draft of
December 2001. As I mentioned above they do not define
uTownhouses", but they do mention them. On page 267 of the
Development Code there is an entry for -Townhouses" and
uTownhouses, Fee Simple-. The reader is referred by note to
see "Dwelling, Townhouse". Unfortunately they are not there
and we are left with the inadequate S-F Attached definition
to fill in the gap.
r-' If, however, you consult earlier versions of the Draft
Development Plan there are excellent examples of
definitions for -Townhousesn and -Townhouses, Fee SimpleR.
Sept. 2001
DweIJi:oa, TOWDhouae: A type of dwelling that is one or more stories in
height which bas outside. individual front and rear entrances, is sepan.ted &om other
dwellings by ftte-tated common w..ns extending &om the foundation to the roof
decking. and is part of a contiguous group of at least three but not more than 10
such townhouses, _ slJa// IH tfJ1Isidmd 1I1111111ifamiIJ stnIdIItr. (ItW:s mine)
DweIliDg, TownhoU8C, Fee Simple: A townhouse unit. as defined above,
that has the common wall or walls between it iUld the adjoining townhouse unit or
units as its property line. that has individual mctets for all utilities, that has access to
a public street, occupies its own lot. and meets the standards outlined in this
Chapter.
There is also a better, more precise definition of an
Attached S-F dwelling that requires each dwelling to be on
it's own lot.
r.
Dwellitlg, sm,Ie-Family Atmchecl: A structure divided by a coincidental
property line lUld wall which separates the structure into two or more dwelling units,
each occupying its own lot.
What transpired between September ~nd December of 2001
I cannot say, but the changes weakened the Code and has
created some unintended consequences.
Dec. 2001
TOWDhoa8e: See "Dwelling. ToWDhouse."
TOWDhouae, Pee Simple: See "Dwelling. tmmhouse, fee simple."
DwelUaa, Siagle-FamiIJ Attached: A strocture consisting of three or more
single-family units, in which each unit extends from the foundation to the roof with
open space on at leut two sides.
A Solution
r---.
It seems likely that the elimination of a definition
for Townhouses from the Denton Development Code is an
oversight. It is my understanding that this occurred in
Staff discussions. Unfortunately this bas created a
loophole that contradicts tbe intention ot the ordinance
r'
and nullifies any positive effects of amendments currently
proposed to -improveR the Code.
. A solution to close this apartment loophole would be
to reinstate the definitions for Townhouses from the draft
Code. This would at the very least discourage lower-end
development from slipping in under-the-wire and potentially
erode the quality of adjacent single-family neighborhoods.
This would also close the loophole that allows these
apartments to be placed by right in NR-6 districts. (See
note below)
Another possible improvement would be to apply the 200
ft. SUP zone to all actual Multi-Family projects regardless
of how they are defined. Implici t in this is the
acknowledgement that citizen input is valuable to the
community and not something to be feared by developers of
quality projects.
There is not a great difference between NRMU and NRMU
12 districts. To require an SUP for MF uses in the NRMU-12
district adjacent to single family neighborhoods, and not
require one for de-facto apartments in NRMU, NRMU-12, and
r. NR-6, is inconsistent and a step in the wrong direction.
One of the goals for revising the Code is to improve
it. Revising NRMU-12 properly could take away some of the
p~li-c fear of inappropriate development near their homes
and have some positive effect of those wishing to develop
for low-impact uses in the NR districts. Allowing these
loopholes to persist will only increase the level of public
mistrust of the process and likely make them more wary of
NR-6 as well.
May I also humbly suggest that at the next quarterly
review of the Development Code that tbe Council schedule a
Work Session to discuss any proposed changes so that the
changes can be fully understood by the Council and the
public.
Sincerely,
Mike Cochran
Denton Neighborhood Alliance
r'
r-
-----------------------------------------------------
Addison, Texas, Code or Ordinances
Section 1. Purpose of district.
Because of the newness of townhouses, condominiums, cluster houses and
other such housing concepts in Addison and because such housing does not
fall into any existing residential zoning district, the Town of Addison finds
that a set of regulations are necessary to set forth the town's policy and
attitude tDwUds these housing types. The town does encoutage new and
creative ideas when such ideas are in the best interest of the town as a whole.
Therefore, each application to zone toWDbOUBe/ condominium must be
reviewed individually and judged on it. own merits.
r-
Denton Development Code, September 2001 Draft
limitation fot Attached Single-Family structures in an
NR-6 district.
L( 4) = In part of a subdivision of 2 acres or more, up to 4 units may be
attached by a common wall if the lots which contain the attached sttuctutes
do not abut the perimeter lots lines of a subdivisio~ the individual common
wall units are on separate lots designed to be sold individually, and they
comply with the design standards of Subchapter 12.
(This was omitted from the Dee. 2001 Draft)
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Page 73 Page 75
] COMMISSIONER STRANGE: Next item on the 1 conunon walls, that each unit has an individualmetcr for
2 Agenda is Item No. 6D, which is an amendment to Subchapter 2 utilities, that each unit has access to a public street or
3 23 of the Development Code related to townhouses. 3 alley, that each unit has frontage on a public street, and
4 MS. CARPENTER: Ml'. Chahman, may I make 4 that each unit occupies its individual lot, in other
5 this presentation from here? 5 words, they are townhouses in the market sense, where each
6 COMM!SSIONER STRANGE: Abso]utely. 6 unit owner has fee simple to the title to the land
7 MS. CARPENTER: Thank you, Mr. Chainnan. 7 underneath the unit. It's not a condominium where all of
8 TIle City of Denton has a quarterly review process in which 8 the land is held in common, but each unit has its own fee
9 the public and the staff and the Planning Commission is 9 simple lot. They may have COlmnon land as well. But each
10 invited to make conU1lents on the Land Development Code. 10 individual unit would sit on its own lot.
I] The staff and the Planning COImnission are 11 The staff is not recommending a requirement
12 in receipt of a letter from several years ago, two years 12 that was discussed about adding a special use permit for
13 ago, concerning the definition of townhouses and so the 13 attached single family units in all of the zoning
]4 staff and the Planning Conunission tackled this definition 14 districts which allow townhouses, and I'll be happy to
15 in response to the conunents from the public in the 15 answer questions, Mr. Chairman.
]6 quarterly review. 16 COMMISSIONER STRANGE: Any questions of
17 TIle Planning COImnission has held four 17 staff? Seeing none, this is a -- we'll open the public
18 workshops on this, so I'm not going to go into detail 18 hearing. Is there anyone here who wishes to speak on this
19 about the changes that are proposed. I mean, I think the 19 item? I would ask that if you have a card that you would
20 record speaks for itself, and there have been four work 20 bring it forward. Mr. Coclu'an, would you plcase give us
21 sessions. The reconunendation at this time is the 21 your name and address for the record, please.
22 following, that the amendment of the tenn townhouse in 22 MR. COCHRAN: Yes. My name is Mike
23 Chapter 23 be changed to say C, "dwelling, COlmna, single 23 Cochran, 610 West Oak Street, Denton, Texas. I want to
24 family attached." In other words, a townhouse is a 24 thank you all for taking this up finally. The n
25 dwelling which is a single family dwelling and it is 25 COMMISSIONER STRANGE: NOW, wait a minute.
Page 74 Page 76
1 attached, okay. Second, to amend the definition of 1 We've been working on this a long time.
2 dwelling, single family, attached in Chapter 23 to read as 2 MR. COCHRAN: It'S been a long time, but I
3 follows: A single family dwelling that is part of a 3 did lose my bet. I was thinking it was going to be ten
4 single structure containing at least three but not more 4 years. But nevertheless, good job. In any event, it's an
5 than eight such dwellings. And the Conmlission spent a 5 improvement. There's no question about it. And it was an
6 considerable amount of time debating what that number 6 oversight to begin with, I'm sure. And it is an
7 should be, whether it should be tlu-ee, four, five, len. 7 improvement. It does tighten it up and makes it not just
8 We had talked about numbers higher than eight definitely 8 such an open season as it was before. The problem I have
9 and this Conunission had I think at least in part thought 9 though, in your list of definitions here, which are a list
10 tlll"ee to eight was reasonable for a nmllber of attached. 10 of requirements for this. TIle only thing tllat separates
11 And that each dwelling meets the following, is one or more 11 this from apartments in .- according to tllis. is the fact
12 stories in height. has an outside individual front and 12 that it occupies it's own single family lot. And in fact,
13 rear entrance on the ground floor. 13 these are just studio apartments. And this is a back door
14 The Conunission spent a considerable amount 14 way of getting apartments into areas close to single
]5 of time on tJlat second bullet point having a front and 15 family neighborhoods. We could see that earlier.
]6 rear entrance on the ground floor because the Commission 16 I watched on T,V. a discussion on Audra Lane. That's
l7 felt that single family houses ahnost always have a front 17 exactly what that guy was doing.
]8 and a back door, whereas, an apartment doesn't always have 18 And at the time I presented them in the
19 a front and a back door and that by saying that it had 19 past. But I went around and took photographs of a lot of
20 both a front and a rear entrance on the ground floor, 20 apartment complexes in town that fit this definition.
21 there was more assurance that the unit would feel like an 21 There were a whole lot of them along -- in cement city
22 attached single family home as opposed to an apartment 22 there was a whole heck of a lot of them. On Fort Worth
23 complex. 23 Drive, next to the Lone Star Car Wash, a classic example
24 The third tllat the units would be separated 24 there. TIle Phoenix Apartments fits the definition except
25 from other dwellings in the structure by fire-rated 25 for the fact of the fee simple.
CondenseIt 1M
I'
,r--.
I
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PLANNING AND ZONING MINUTES JULY 13,2005
Page 73 - Page 76
Page 77 Page 79
1 And I would point out to you that in the 1 can OM wish to add to this, Mr. Chairman.
2 previous definition of dwelling townhouse that was in the 2 COMMISSIONER STRANGE: DO we have a second?
3 draft Development Code, which we worked on for a long 3 COMMISSIONER HOLT: second.
4 time, and a lot of citizen input on it. But after the 4 COMMISSIONER STRANGE: we havc a motion by
5 citizen input section was over, in September of 2001 there 5 Mr. Watkins and a second by Mrs. Holt. I would just like
6 was a definition that was a decent definition of dwelling 6 to say that I have made numerous comments about this in
7 townhouse. I've got it in my letter and I don't know if 7 some work sessions. And 1Mr. Cochran, I tcnd to agree with
8 any of you -- if y' all have that or not, but it -- in that 8 you. I think this can be a guise for multi-family, and
9 definition it lists that these shall be considered 9 without further definition about that to eliminate that
10 multi-family which is exactly what they are. And that's 10 connotation, I'll be voting against this motion. Anyone
II the thing that, 1 guess, the only point that I still tllink II else have any comments? Please, vote. Vote passes 4-1,
]2 needs to go a little bit farther. I conunend you for 12 one against.
13 taking it up, all kidding aside. 1 really" I know it 13 (COMMISSIONER STRANGE VOTING IN
14 takes a long time to do things, but nevertheless, we've 14 OPPOSITION.)
15 come this far, why are we still moving backwards from 15
16 where we were in September of 2001? Because there is no 16
17 qualitative difference between these and apartments. And 17
18 although. they may be nice when they start off, in 10 or 18
19 20 years, then they're going to deteriorate the same rate 19
20 these other ones are, and the density is sue is still the 20
21 same thing. 21
22 And that's, I guess, my only, I guess, 22
23 request to you-all is that you consider putting language 23
24 in that was originally there that went all through all of 24
25 thc voting process, through various councils, one of which 25
Page 78 Page 80
I I was on and also tlu'ough numerous city public sessions. I
2 There was all kinds of discussion about this. And it 2
3 included it as shall be considered a multi-family 3
4 structure. And as far as the sup goes, I note that in, I 4
5 think it was Richardson or Plana where they have it, they 5
6 consider each of these applications for these townhouses 6
7 and condominiums to be sort of a new bird, a new thing, 7
8 and so they want to take tllem on a case-by-case basis, and 8
9 I've got -- on tlle last page of illY letter to you, the 9
10 language from the Addison Code of Ordinances in which they 10
11 agree to take it as an sup and so I think my time is up. 11
12 And as my experience here last time when I spoke on this 12
13 subject last summer, Lord knows I don't want to go over my 13
14 time limit. If anyone has questions I'll be happy to n 14
15 COMMISSIONER STRANGE: Any questions of 1Mr. 15
16 Cochran? 16
17 MR. COCHRAN: JUst hope you'll consider 17
]8 that. 18
]9 COMMISSIONER STRANGE: Thank you for your 19
20 conunents. Anyone else here wish to speak for or against 20
21 this item? Seeing none, we'll close the public hearing. 21
22 Do we have a Illation on this item? 1Mr. Watkins. 22
23 COMMISSIONER WATKINS: I'd like to 23
24 recommend approval as submitted. At least we'll have 24
25 something on the books. In the quarterly review maybe we 25
CondenseIt 1M
f~"
('
~
I
PLANNING AND ZONING MINUTES JULY 13,2005
Page 77 - Page 80
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SECTION 35.23.2 OF THE DENTON DEVELOPMENT CODE PERTAINING TO
DEFINITION OF TOWNHOUSES AND DWELLING, SINGLE-FAMILY
ATTACHED; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE (DCAOS-0003)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of
Denton, Texas adopted the Denton Development Code (the "Development Code''); and
WHEREAS, after providing notice and after conducting a public hearing as
required by law on July 13,2005, the Planning and Zoning Commission recommended
approval of certain changes to Section 35.23.2 of the Development Code pertaining to the
definition oftownhouses and dwelling, single-family attached; and
WHEREAS, after providing notice and after conducting a public hearing as
required by law, the City Council finds that the subject changes to the Development Code
are consistent with the Comprehensive ,Plan and are in the public interest; NOW
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. Section 35.23.2 of the Development Code is hereby amended as
follows:
a. Revise the defmition of Townhouse as follows: See "Dwelling, Single-
Family Attached".
b. Revise the definition of "Dwelling Single-Family Attached" as follows:
A single-family dwelling that is a part of a single structure containing at
least three, but not more than eight, such dwellings, and each dwelling: 1)
Is one or more stories in height; 2) Has an outside individual front and
rear entrance on the ground floor; 3) Is separated from the other dwellings
in the structure by fire-rated common walls; 4) Has an individual meter
for each utilities; 5) Has access to a public street or alley; 6) Has frontage
on a public street; 7) Occupies its own individual lot.
c. Delete the definition of "Townhouse, Fee Simple".
All other provisions of Section 35.23.2 not inconsistent with this amendment shall remain
in full force and effect.
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 section, subsection, paragraph, sentence, phrase or word in
this ordinance, or application there of to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not effect the validity of the
remaining portions of this ordinance, and City Council of the City of Denton, Texas
hereby declares it would have enacted such remaining portions despite any such
invalidity.
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 Denton Record-Chronicle, a daily newspaper
published in the City of Denton, Texas, within ten (10) days of its passage.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
'--
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: September 6, 2005
DEPARTMENT: Fiscal Operations
ACM:
Kathy DuBose
--
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas
announcing that it will vote on a tax rate at its regularly scheduled meeting of September 20,
2005; providing for publication of notice of such vote on the tax rate; and providing an
effective date.
BACKGROUND
In the Friday, August 5, 2005, Reading File, staff provided Council with a copy of the
required notice of effective tax rate calculation that would be published in the Sunday,
August 7 newspaper. Municipalities are required to publish their rollback tax rates in the
Denton Record-Chronicle, along with the effective tax rate and other required schedules.
The rollback tax rate divides the overall property taxes into two categories-maintenance and
operations (M&O) taxes and debt service taxes. By law, the rollback rate for taxing units are
set at an eight percent (8%) increase in operating (M&O) taxes. The effective tax rate is
generally the property taxes divided by the current year's taxable value of properties that
were on the tax roll in both years. This rate excludes taxes on properties no longer in the
taxing unit and also excludes the current taxable value of new properties (growth). The City
of Denton's effective rate is $.57809/$100 valuation and the rollback rate is $.62375/$100
valuation.
The Texas Property Tax Code mandates specific publications to be provided by the City.
The code specifies that "When a proposed rate exceeds the lower of the rollback rate or the
effective rate, the taxing unit's governing body must vote to place a proposal to adopt the rate
on the agenda of a future meeting as an action item." Senate Bill 18 was passed during the
79th Regular Session of the Texas Legislature. One of the new requirements of this bill is
that two public hearings must be held on the on the proposed tax increase, with the second
hearing occurring at least three (3) days after the first. The proposed 2005-06 budget
includes a .60815 tax rate, and exceeds the effective tax rate; therefore, it requires two public
hearings.
ESTIMA TED SCHEDULE
8/16/05
9/06/05
9/13/05
9/20/05
Vote to Place Proposal on Future Agenda
Hold First Public Hearing
Hold Second Public Hearing
Adopt Tax Rate
Agenda Information Sheet
September 6, 2005
Page 2
PRIOR ACTIONIREVIEW
On August 16, 2005, Council voted to place a proposal on a future agenda.
FISCAL INFORMATION
The proposed property tax rate is included in the 2005-06 proposed budget.
Respectfully submitted:
~'~ '4h"""
\:.'_.,- - :"
. t .. I ~
. _ -_ _ __ .;iII ~. ,.,.
Diana G. Ortiz
Director of Fiscal Operations
.8:\Our Docmnenl5\R.escl.lntiQos\05\vote on tax r$::.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY
SCHEDULED MEETING OF SEPTEMBER 20,2005; PROVIDING FOR PUBLICATION OF
NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTNE DATE.
WHEREAS, at its regularly scheduled meeting of August 16, 2005, the City Council
voted to place a proposal on the September 20, 2005 City Council regular meeting to adopt a
proposed tax rate of $0.60815 per $100 valuation, which will exceed the lower of the rollback
rate or the effective tax rate; and
WHEREAS, the City Secretary duly recorded the vote of the City Council on that matter;
and
WHEREAS, the City Council also called two public hearings, the first for its regular
meeting of September 6, 2005 and a special called hearing on September 13, 2005, on the tax
increase; and
WHEREAS, publication of notice of two public hearings on the tax increase were made
in accordance with the law, and said public hearings were held on September 6, 2005 and
September 13, 2005, and all proponents and opponents of the tax increase were given an
adequate opportunity to present their views at the public hearings; and
WHEREAS, the City Council wishes to finally set the date, time, and place of the
meeting at which it will vote on the tax rate; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council will vote on the proposed tax rate at its regularly
scheduled meeting of September 20, 2005, which will commence at 6:30 p.m. and will be held in
the City Council Chambers at City Hall at 215 East McKinney, Denton, Texas 76201.
SECTION 2. THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE
TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A
$100,000 HOME BY APPROXIl\1ATEL Y $30.
SECTION 3. Prior to the vote on the tax rate, the City Manager and the Assistant City
Manager are directed to publish in the Denton Record-Chronicle, a newspaper having general
circulation in the City, the attached Notice of Vote on the Tax Rate, which is made a part of this
resolution for all purposes, such publication to be in compliance with the requirements of the
Texas Tax Code.
SECTION 4. This resolution shall become effective immediately upon its passage and
approval at a regular meeting of the City Council of the City of Denton, Texas on this the 6th day
S:\Our OoclJmentsiRf:soJul:ionsi05\v.ote on tax r.a1e.doc
of September, 2005, at which meeting a quorum was present and the meeting was held in
accordance with the provisions of Tex. Gov't Code ~551.001, et seq. The City Secretary is
hereby advised to record this resolution and the vote on the proposal to place the item for a tax
increase on the September 20, 2005 City Council agenda.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: tic:
Councilmember
Voted For
Voted Against
Euline Brock, Mayor
Pete Kamp
Perry McNeill, Mayor Pro Tern
Bob Montgomery
Joe Mulroy
Jack Thomson
Char lye Heggins
Page 2
&"::' 50-198
~ '= (Rev.07-W4)
Notice
of Vote on Tax Rate
The City of Denton, Texas conducted public
hearings on a proposal to increase the total tax
revenues of the City of Denton Texas from
properties on the tax roll in the preceding
year by 5.20/0 percent on .
Sgptember 6, 2005 and September 13,2005.
. The City Council of Denton, Texas is scheduled
to vote on the tax rate that wi II resu It in that tax
increase at a public meeting to be held
on Sgptember 20, 2005, 6:30 p.m.,
City Council Chambers, City Hall,
215 E. McKinney St., Denton, Texas 79601
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2005
DEPARTMENT:
Electric Utility
Howard Martin, Utilities 349-8232 ..
ACM:
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas, providing for the amendment
of Ordinance No. 2004-387 which provides for the Schedule of Miscellaneous Fees, Service
Charges, Deposits, Billings and Procedures for Administrative Services; by adding a provision
that victims of family violence who reside in Denton, Texas, who are City of Denton Utility
customers, applying for utility service may have their deposit requirement to Denton Municipal
Utilities waived, provided that a victim of family violence presents a completed, signed
certification letter in a form approved by the city attorney or his designate, and that they meet the
criteria specified by Texas Family Code, Section 71.004; providing for a repealer; providing for
a severability clause; and providing for an effective date. (The Public Utilities Board
recommends approval by a vote of 5-0.)
BACKGROUND
Victims of family violence who are trying to escape their abusive environment are often caught
in a difficult "catch 22". They have had no personal credit history and have no money when they
leave their abuser. As they begin the process of rebuilding their lives, they find that, because
they have no credit history, they can not get something as simple as utility services without
providing a deposit, which they do not have.
In March of 2005, the Public Utility Commission of Texas (PUC) instituted a policy that
addresses this problem by issuing the following ruling that applies to electric service providers
under the jurisdiction of the PUC (affiliated Retail Energy Providers and Providers of Last
Resort).
"A residential customer or applicant may be deemed as having established satisfactory
credit if the customer or applicant has been determined to be a victim of family violence
as defined in the Texas Family Code 971.004, by a family violence center as defined in
Texas Human Resources Code 951.002, by treating medical personnel, by law
enforcement personnel, by the Office of a Texas District Attorney General, or by a
grantee of the Texas Equal Access to Justice Foundation. This determination shall be
evidenced by submission of a certification letter developed by the Texas Council on
Family Violence. The certification letter may be submitted directly by use of a toll-free
fax number to the affiliated REP or POLR."
The PUC does not have jurisdiction over municipal utilities in this area. Therefore the PUC
ruling is not applicable to any City utilities, including Denton Municipal Electric (DME).
Furthermore, the City's situation is somewhat different than the issue addressed by the PUC
ruling, which impacts only electric utilities and telephone providers. The City does not have a
separate electric service deposit. The City's deposit policy covers all utility services provided by
the City and fees, such as the drainage fee.
In the early part of June, DME was asked by a representative of the local Friends of the Family
organization to consider adopting a policy identical to the Public Utility Commission's ruling
shown above. DME agreed to present the issue to the Public Utilities Board and City Council for
policy guidance.
When a residential customer requests utility service, the City's present policy is to charge a
deposit of$150 or an amount equal to 1/6 of the last 12 months of billing at the service location
if:
". . . . . . a residential customer requests utility service in the City of Denton service area and
does not have twelve (12) months of good credit standing with the City of Denton or
another utility system for the type of service requested, or does not have a co-signer with
twelve (12) months of good credit standing with the City of Denton, or does not request
and demonstrate a passing credit rating through a credit reporting agency."
There is a $13 charge per credit report if the City obtains a credit rating from an outside agency
on the customer's behalf. Furthermore, if a customer's utility service is disconnected for non-
payment the customer is required to pay a deposit sum up to, but not greater than 1/6 of the last
12 months of billing at the service location, before their service is restored.
The proposed Ordinance (Exhibit 1) would utilize the same criteria for waiver of the initial
deposit criteria for a victim of family violence that was established by the PUC ruling. An
individual would have to present a certification letter to the city's Utility Customer Service
Department in the identical format developed by the Texas Council on Family Violence pursuant
to the new PUC ruling (Exhibit 2). The five types of entities that are acceptable to the City's
Utility Customer Service Department that certify an individual as a "victim of family violence"
would also be identical to the entities that are named in the PUC ruling.
The proposed Ordinance only allows a waiver of the initial deposit requirement. The last
sentence of Section 1 of the proposed Ordinance clearly states that:
"No other relief from the City's utility rates, or deposits, or charges, or fees is hereby
provided to "victims of family violence."
In the event any individual who has received the proposed waiver fails to pay their utility bill,
they will be subject to all fees, penalties and other charges established in Ordinance 2004-387,
including the requirement to provide a deposit prior to their service being restored.
OPTIONS
1. Recommend that the City Council approve the proposed Ordinance as written.
2. Recommend that the City Council approve the proposed Ordinance with specified
changes.
3. Recommend that the changes shown in the proposed Ordinance be included in the rate
tariff package that will be proposed to City Council for FY06.
4. Do not recommend the approval of a deposit waiver for victims of family violence.
2
RECOMMENDA TION
DME is neutral on this issue.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
On August 8, 2005, the Public Utilities Board recommended approval by a vote of 5-0.
FISCAL INFORMATION
It is not possible to estimate the fiscal impact of this proposal. However, Frends of the Family
has indicated that the number of applicants for the waiver is likely to be about two a month. In
the event that implementing this proposal creates too great of a negative impact on the City's
utility departments, the Utilities would inform the PUB and Council and request that the right to
a waiver be rescinded.
EXHIBITS
1. Ordinance
2. Certification Letter
Respectfully submitted,
Sharon Mays
Director of Electric Utilities
3
ORDINANCE NO. 2005
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
AMENDMENT OF ORDINANCE NO. 2004-387 WHICH PROVIDES FOR THE SCHEDULE
OF MISCELLANEOUS FEES, SERVICE CHARGES, DEPOSITS, BILLINGS AND
PROCEDURES FOR ADMINISTRATIVE SERVICES; BY ADDING A PROVISION THAT
VICTIMS OF F AMIL Y VIOLENCE WHO RESIDE IN DENTON, TEXAS, WHO ARE CITY
OF DENTON UTILITY CUSTOMERS, APPLYING FOR UTILITY SERVICE MAY HAVE
THEIR DEPOSIT REQUIREMENT TO DENTON MUNICIPAL UTILITIES WAIVED,
PROVIDED THAT A VICTIM OF FAMILY VIOLENCE PRESENTS A COMPLETED,
SIGNED CERTIFICATION LETTER IN A FORM APPROVED BY THE CITY ATTORNEY
OR HIS DESIGNATE, AND THAT THEY MEET THE CRITERIA SPECIFIED BY TEXAS
FAMILY CODE, SECTION 71.004; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 71.004 of the Texas Family Code, as amended, provides the
definition of the term "victim of family violence"; and
WHEREAS, the Public Utility Commission of Texas has earlier this year required that
utilities regulated by it provide for relief from the payment of a deposit for victims of family
violence who apply for utility service; provided that a duly-authorized certification letter is
presented to the utility; and
WHEREAS, Denton Municipal Utilities, though not regulated by the Public Utility
Commission of Texas, because it is a municipally-owned utility, nonetheless, is of the opinion
that the policy of the Public Utility Commission of Texas is a sound policy; and accordingly, that
the City Council of the City of Denton should follow that policy; and
WHEREAS, that the Denton City Council finds that the current City of Denton, Texas
ordinance regarding miscellaneous fees, service charges, deposits, billings and procedures for
administrative services to City utility customers, contained in Ordinance No. 2004-387, effective
as of October 1, 2004, and approved on September 21, 2004, should be amended to include a
provision providing for specific relief from the payment of a utility deposit for victims of family
violence who properly apply for City utility service; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Ordinance No. 2004-387 be and it is hereby amended to provide for
an addition to the "Miscellaneous Fees, Charges and Deposits" to be inserted following the
"Service Deposits" provision found at page 7 thereof. The new provision reads as follows:
1
EXHIBIT 1
"WAIVER OF SERVICE DEPOSITS
APPLICATION
Applicable when an Applicant is a citizen of the City of Denton, Texas and who also is a "victim
of family violence," applies for utility service in the City of Denton, Texas. To be a qualified as
a "victim of family violence" an Applicant must secure and provide a certification letter,
provided by one of the certifying entities to the Utilities Customer Service Department.
If a proper, dated and completed certification letter is presented by or on behalf of the Applicant
to the Utilities Customer Service Department, and its issuance is verified by the Utilities
Customer Service Department, then the requirement of a utility deposit shall be waived for that
Applicant. This provision is applicable solely to "victims of family violence" as defined by
Texas Family Code, 971.004, as amended. No other relief from the City's utility rates, or
deposits, or charges, or fees is hereby provided to "victims of family violence."
SECTION 2. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 4. This ordinance shall become effective from and after the date of its
adoption by, and approval of the City Council.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
WWMffO
By:
s: lOur DocumentslOrdinancesl051F amily Violence-Amended Ordinance-Utility Deposit- 200 5. doc
2
CERTIFICATION LETTER
* * * * *
FOR A VICTIM OF F AMIL Y VIOLENCE
FOR WAIVER OF CITY OF DENTON, TEXAS UTILITIES DEPOSIT
This letter hereby certifies that
(Name of the Applicant for City of Denton, Texas municipal utility service) is a victim of family
violence (as defined in the Texas Family Code ~71.004, as amended); and because of that status,
therefore demonstrates acceptable credit for purposes of establishing the municipal utilities
service offered by the City of Denton, Texas, without paying the usual customer utility deposit to
Denton Municipal Utilities.
The following Certifying Entity has made a determination that the above-named Applicant is a
"victim of family violence" as defined in Texas Family Code ~71.004, as amended.
[One of the following "Certifying Entities" is required.]
Family Violence Center (Agency Name and Address):
Treating Medical Personnel (Name of Clinic /Hospital and Address):
Office of the Texas Attorney General (Specify Division and Address):
Office of the Texas County or District Attorney (Specify Division and Address):
Texas Equal Access to Justice Foundation Grantee: (Specify Name of Grantee and Address):
By my signature, I hereby certify that the above named Applicant has been determined to
be a victim of family violence, as defined in Texas Family Code ~71.004, as amended; and I
state that I am an employee of the above-referenced certifying entity, and am qualified to
make that determination.
Signature
Date
Job Title
Name of Certifying Entity
Telephone Number of Certifying Entity
1
EXHIBIT 2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 6, 2005
Economic Development
Mike Conduff, City Managertflt.
SUBJECT
Consider appointing a nominating committee to develop a slate of appointees for the
Economic Development Partnership Board.
BACKGROUND
Economic Development Partnership Board (EDPB) members serve two-year terms and
may serve as many as three terms. The process requires that the City Council appoint
three of its members to serve as the nominating committee, who will meet with the
Chamber of Commerce Board Chair to consider recommendations by the Chamber Board
of Directors. The committee is asked to confirm with each nominee their willingness to
serve.
Our ordinance provides that EDPB members must fall into specific categories when they
are originally appointed to the Board - City Council member, Chamber of Commerce
Board of Directors, Top Twenty Taxpayer and University of North Texas appointment.
They may continue to serve on the EDPB even if they no longer fill the category
requirement. For example, Mayor Brock has served one two-year term on the EDPB and
is eligible to serve four more years (two, two-year terms) even though she will no longer
be a City Council member after May 2006. Jerry Mohelnitzky's Chamber Board
membership term will end in April 2006; however, he is eligible for one additional term
on the Chamber Board.
The following three EDPB members' places are up for reappointment or replacement:
Euline Brock - City Council category
Jerry Mohelnitzky - Chamber of Commerce Board category
Harry Crumpacker - Top Twenty Taxpayer category
ESTIMATED SCHEDULE OF PROJECT
The EDPB will meet again in October 2005. Staff recommends that Council formally
appoint the EDPB members no later than the October 4, 2005 City Council meeting.
Respectfully submitted:
Linda Ratliff, Director
Economic Development Department
- 1 -
AGENDA INFORMATION SHEET
AGENDA DATE: September 6,2005
DEPARTMENT: City Manager's Office
CM: Mike Conduff, City Manager
SUBJECT
Consider nominations/appointments to the City's Boards and Commissions.
BACKGROUND
At the August 16 City Council meeting, Council Member Kamp nominated Gabriel Daley to the
Traffic Safety Commission. This nomination needs to be voted on.
The following is a list of current board/commission vacancies:
Construction Advisory and Appeals Board - Council Member Montgomery has a nomination.
Zoning Board of Adjustment - Lee Ann Nutt has declined to serve again. There are two alternate
"All" positions available for nominations.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S :IAgenda ItemslBoard-Commission vacancies. doc
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215 E. McKINNEY DENTON, TEXAS 76201 . (940) 349-8200 . FAX (940) 349-8236
CITY MANAGER'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Council\
FROM: Betty Williams, Director of Management & Public Information
DATE: September 6, 2005
SUBJECT: Citizen Concern Regarding Future Budgets
Because she is working out of town and may not make it back to Denton in time for the public
hearing this evening, Joyce Poole, 3021 N. Bonnie Brae, came into the office today to relay the
following comments regarding the 2005/2006 proposed budget.
Ms. Poole is concerned about the escalating costs for services in Denton, especially in regards to
rates for Solid Waste service. She provided the attached copy of a bill and services for residents
of the City of Allen. She stated that for the cost of $9.92 per month that residents were provided
with two 90-gallon trash carts and one recycling cart. Waste is picked up once a week. She is
concerned that the rates for Solid Waster service in Denton are increasing.
Ms. Poole requested that Council make it a priority in the upcoming fiscal year to make rates
reasonable for our citizens. She stated that the city should get back to basics and focus on health,
safety and welfare of its citizens. She also stated that the city could forego some other items and
focus on these issues.
Cc: Mike Conduff, City Manager
Kathy DuBose, Assistant City Manager
Howard Martin, Assistant City Manager
Vance Kemler, Director of Solid Waste
Jane Richardson, Assistant City Secretary
"Dedicated to Quality Service"
www.cityofdenton.com
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Rate Clas. : RESiDENTIAL
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Lalit B111 Amount
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AdJustments
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JA
Se~vice P.~1od Daus
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39. 31 3/25/05
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Charge
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3.21
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14. 00
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Billing Q"estion. Call:
:ity of Allen Utilities
Allen Civic Plaza
05 CenluryParkway
Allen. Tex,", 75013
(9Jt) 727-0180
:FleE HOURS
~OAY:F!,,!DAY
39.31
39.31-
.00
.00
Usa,g,e
",9
Total
11.43
16.24
9, 92
,33
2.75
85
41..52
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\... 41. 52.
50.00
1.29
The City of Allen provides your trash and recycling pickup
lhrough Camm\U1ity Waste Disposal (CWD.) For riJi.I=l pickup
cr que.<Iions regarding yoJI' ~<h or ,;,.,ycJln& seMce, pl= ront:lct
the Customer Service DepllrtITl<nt of cwO at 972.392.9300.
./ Waste Wise Reminders
It's great to have polycart
collection! The CWD trash and
recycle trucks use their automatic
arm to pick up 5200 carts an hour.
Help us streamline this process
even more by following these
simple guidelines:
. Make sure all your trash is bagged before
putting it in your trash polycart:
. Yardwaste is banned from disposal in your
polycarls. Remember to brown bag your yard
trimmings and we'll compost them!
. -Put your polycarts out for collection by 7am,
, with the lid dosed; un your designated day.
. Keep your polycarts at least two feet away
from everything, including other polycarts. "
. Once your polycarts are empty, roll them to a
convenient storage area. Polycarts cannot
remain at the collection point after midnight
on your collection day.
Damaged Polycart?
~ For FREE repair
call CWD at
972.392.9300 x 202
't
Dump Your Junk
Put up tolive large household items at your trash
collection point for bulk pick up by 7am on
"M on eTa y OfY6UfdesigiialetlliveelC'Cbl[ecti6rj" "
may occur any time between Monday and
Wednesday of your week.
Trash Dav Bulk Dav Starts
Monday 1 'I Monday
Tuesday 2nd Monday
Wednesday 3,eI Monday
Thursday 3,eI Monday
Friday , 41h Monday
Or dump two loads per month for FREE at the
Custer Road Transfer Station. You will need
your current water bill and driver's license.
9901 CusterRoad, 972.727.6341
News About Your Water
After a six month educational effort, the City is
now enforcing watering guidelines set forth in the
Water Conservation Ordinance (2332-9-04). '
Top things you should know are:
. Watering is prohibited between 10am-6pm,
June i-September 30 of each year.
. Watering of your lawn or landscape is
prohibited when it is raining or during freezing
temperatures.
· 2Z~~~i:~n;r ~i6.:,.:/:,'Y,"~X',~'.~,
where a ~.c ,. "".~. ."
constant ---- -- "
,stream of water overflows from your lawn or
landscape on to a street or other drainage
area is prohibited,
. Direct watering of impervious surfaces
(driveway. street, parking lot) is prohibited.
Read The Ordinance
Find a copy online at
www.citvofallen.orq (under
Community Services), at the
Allen Public Library reference
desk or at City Hall in the City
Secretary's office.
$$ Money Money Money $$
To reward residents who lake water conserving
measures, the City has a H20me improvement
rebate program! Eligible rebate items include
rain and freeze sensors for irrigation, water
efficient washing machines, and much more!
$ RiMTf~PROG~~;i
u
Visitwww.citvofallen.org and click on
the Rebate Program logo or visit
Utility Billing in City Hall for details!
????? Questions ForCoinmunity Services ?????
Visit www.citvofallen.orq OR ,call 214.509.4500
LtD
NOTICE
OF PUBLIC
Z05-0002
HEARING
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
August 10, 2005, to consider making a recommendaUon to City Council concerning the rezoning of
approximately 11.58 acres from Neighborhood Residential (NR-2) zoning district to Neighborhood
Residential (NR-4) :zoning district. The property is located approximately 360 feet south of Paisley and
425 feet west of Mack Drive and is adjacent to the southeast border of Audra. (Z05-0002, Laurel Oaks,
Lori Shelton).
The publiC hearing will start at 6:30 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
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 or mail it to the address below or drop it off in-person:
--- --- - -- _.,~. - .----.
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Lori Shelton, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
In favor of request
Please circle one:
Neutral to request
Opposed to request
Reasons for Opposition:
~) fZ" '"
))~
C7/J
,
-- i
Mailing Address:
City, State Zip:
Telephone Number:
,>
f"pO . Ph-' ~.
0<9
.~,6. //
tJ~ ,2 ~.- t7.5
CITY OF DENTON, TEXAS CITY HALL WEST' DENTON. TEXAS 76201 . 940,349.8541 . (F) 940.349.7707
'100' P&Z Nolice
Planning and Development Department
221 N. elm St.
Denton Texas 76201
Att; Lori Shelton, project manager
08/26/2005
609 Audra Ln.
Denton Tx. 76209
Telefono 940-243-361 I
Yo Blanca M. Oro;zco. Regrese un NOTICE PUBLIC HEARING Creo aberlo
mandado haec tre~Jll!lSes atras; en dieha notificacion me opuse .a que costruyeran.
apartamentos: pero si el proyecto a cambiado. Ha hacer casas unifamiliares, estoy de
lBIUllJIIlo. Estey de acuerdo,con dicho proyecto.
Por favor cuando me envien; NOTICE PUBLIC HEARING en espai'iol si no es mueho
ineonveniente para ustedes gracias.
De anlemano reeiba mi mas cinceras graeias por tenemos en cnenta con sus nuevos
proyeetos
/;~-~-
[LoriShelton _ Re: letter of oe osiiton for l05-0002 Laurel Oaks
PaQe 1
From:
To:
Date:
Subject:
Deborah Viera
Lori Shelton
8/29/052:19:22 PM
Re: letter of opposition for ZOS-0002 Laurel Oaks
Send any future letters in Spanish.
I already returned a notice back to you.
I'm opposed.
Deborah Viera, AICP
Planner II
City of Denton
Comprehensive Planning &
Research Division
940.3498368 (Office)
940349.7442 (Fax)
>>> Lori Shelton 8/29/20052:04 PM >>>
Would you please translate this letter of opposition and forward the translation back to me?
Lori Shelton
Project Manager
crty of Denton
940-349-7274
fax 940-349-7442