HomeMy WebLinkAboutSeptember 18, 2007 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
September 18, 2007
After determining that a quorum is present, the City Council of the City of Denton, Texas will
5:00 p.m.
convene in a Work Session on Tuesday, September 18, 2007 at in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1.Requests for clarification of agenda items listed on the agenda for September 18, 2007.
2.Receive an update from Council Member Montgomery regarding the Lake Ray Roberts
Planning and Zoning Commission.
3.Receive an update from Deputy Mayor Pro Tem Mulroy on the Denton Firefighters
Pension Fund.
4.Receive a report, hold a discussion, and give staff direction regarding the 2007-08 Budget
and the Capital Improvement Program.
5.Consider directing two council members to work with the City Manager and staff
regarding code enforcement issues.
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 Texas Government Code
§551.071; and DELIBERATIONS REGARDING REAL PROPERTY – Under
Texas Government Code §551.072.
1.Discuss, deliberate, and receive information from Staff, and provide Staff
with direction pertaining to the purchase price of, the possible terms of
sale of, and valuation issues respecting the acquisition of an approximate
1.267 acre sanitary sewer easement located in the John Cheek Survey,
Abstract No. 227; an approximate 3.932 acre sanitary sewer easement
located in the Jonathan Douthitt Survey, Abstract No. 329; and an
approximate 3.956 acre sanitary sewer easement located in the Jonathan
Douthitt Survey, Abstract No. 329, all in the City of Denton, Denton
County, Texas, and being collectively located along the south side of the
meanders of Clear Creek. Consultation with the City’s attorneys regarding
legal issues associated with the necessary easement acquisition for the
three (3) above sanitary sewer easements, where a public discussion of
these legal matters would conflict with the duty of the City’s attorneys to
the City Council under the Texas Rules of Disciplinary Conduct of the
State Bar of Texas; or would jeopardize the City’s legal position in any
administrative proceedings or potential litigation involving said real
property.
City of Denton City Council Agenda
September 18, 2007
Page 2
B.Consultation with Attorney -- Under Texas Government Code Section 551.071.
1.Legal advice from the City’s attorneys regarding zoning and platting
issues, including Development Code definitions, zoning classifications,
design standards and application procedures, related to housing and
institutional uses in general, as well as pending and future applications.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF
THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY
ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN
.
MEETINGS ACT
Regular Meeting of the City of Denton City Council on Tuesday, September 18, 2007 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 state under God,
one and indivisible.”
2.PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
1.Presentation of the FEMA CRS-Class 6 award.
B.September Yard-of-the-Month Awards
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. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – K). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A – K below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
City of Denton City Council Agenda
September 18, 2007
Page 3
A.Consider approval of a resolution appointing members to the Board of Directors
of the North Texas Higher Education Authority; and declaring an effective date.
B.Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement for Architect or Engineer with the firm of
Birkhoff, Hendricks & Conway, L.L.P., Consulting Engineers, for the design of
and the construction plans and specifications for the proposed City of Denton
Roselawn Elevated Storage Tank, as set forth in the agreement; authorizing the
expenditure of funds therefor; and providing an effective date (File 3896-in the
amount of $150,950 for basic services; not to exceed $27,400 in additional
services; and not to exceed $71,500 in reimbursable expenses, totaling $249,850
for professional services). The Public Utilities Board recommends approval (6-0).
C.Consider adoption of an ordinance of the City of Denton, Texas amending the
provisions of Chapter 18 relating to motor vehicles and traffic by amending
Section 18-106; amending the provisions of Chapter 20 relating to nuisances by
deleting Sections 20-3 through 20-6; by amending Sections 20-47, 20-72, 20-132,
20-180 and 20-184; by creating Section 20-114 related to outside storage;
amending the provisions of Chapter 21 relating to offenses by amending Section
21-55(c); by amending the provisions of Chapter 24 relating to solid waste by
amending Section 24-43(d); providing for a severability clause; providing a
repealer clause; providing a savings clause; providing for a penalty not to exceed
$500 for violations of this ordinance; and providing for an effective date.
D.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
Mayor to execute an Interlocal Cooperation Agreement by and between the City
of Denton, Texas and Denton County, Texas for the lease of a portion of the
City’s dark fiber optic excess capacity for a term of two years; authorizing the
expenditure of funds therefor; and providing an effective date. The Public
Utilities Board recommends approval (6-0).
E.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
Mayor to execute an Interlocal Cooperation Agreement by and between the City
of Denton, Texas and Denton County, Texas for the lease of a portion of the
City’s dark fiber optic excess capacity for a term of ten years; authorizing the
expenditure of funds therefor; and providing an effective date. The Public
Utilities Board recommends approval (6-0).
F.Consider the adoption of an ordinance authorizing the City Manager to execute a
lease agreement with Denton County Transportation Authority for 27 parking
spaces located in the Williams Trade Square; and providing for an effective date.
The Mobility Committee recommends approval (2-0).
G.Consider adoption of an ordinance declaring that a public necessity exists and
finding that public welfare and convenience requires the taking and acquiring of
an approximate 1.267 acre sanitary sewer and reuse water easement located in the
John Cheek Survey, Abstract No. 227 and being within a parcel of land conveyed
to Jeffrey W. Noe and wife, Jeanie T. Noe by deed recorded in Volume 2879,
City of Denton City Council Agenda
September 18, 2007
Page 4
Page 544 of the Real Property Records of Denton County, Texas; authorizing the
City Attorney, or his designee, to acquire the easement through agreement or
eminent domain; and providing an effective date.
H.Consider adoption of an ordinance declaring that a public necessity exists and
finding that public welfare and convenience requires the taking and acquiring of
an approximate 3.932 acre sanitary sewer and reuse water easement located in the
Jonathan Douthitt Survey, Abstract No. 329 and being within a parcel of land
conveyed to Ronald L. Carter by deed recorded in Denton County Clerk File No.
2005-84985 of the Real Property Records of Denton County, Texas; authorizing
the City Attorney, or his designee, to acquire the easement through agreement or
eminent domain; and providing an effective date.
I.Consider adoption of an ordinance declaring that a public necessity exists and
finding that public welfare and convenience requires the taking and acquiring of
an approximate 3.956 acre sanitary sewer and reuse water easement located in the
Jonathan Douthitt Survey, Abstract No. 329 and being within a parcel of land
conveyed to Mark Hannah, Jr. by deed recorded in Volume 4322, Page 1746 of
the Real Property Records of Denton County, Texas; authorizing the City
Attorney, or his designee, to acquire the easement through agreement or eminent
domain; and providing an effective date.
J.Consider adoption of an ordinance of the City of Denton, Texas, naming the
soccer building at North Lakes Parks, and declaring an effective date. The Parks,
Recreation and Beautification Board recommends approval (4-0).
K.Consider approval of a resolution of the City Council of the City of Denton
establishing a limit on the amount of time City of Denton personnel are required
to spend responding to public information requests without recovering costs
attributable to those requests, in addition to any other charges permitted by law,
from the requestor; and providing for an effective date.
4.PUBLIC HEARINGS
A.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, designating the property located at 2044 West Oak Street as a
historic landmark under Section 35.7.6, of the Denton Development Code;
providing for a penalty in the maximum amount of $2,000 for violations thereof;
and providing for an effective date. The Historic Landmark Commission
recommends approval (7-0). The Planning and Zoning Commission recommends
approval (4-0).
B.Hold a public hearing on a proposal to adopt a tax rate of $0.66652 per $100
valuation, which will exceed the lower of the rollback rate or the effective tax
rate.
City of Denton City Council Agenda
September 18, 2007
Page 5
C.Hold a public hearing and consider adoption of an ordinance concerning the
rezoning of approximately 3.071 acres from a Neighborhood Residential 2 (NR-2)
zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning
district. The property is located at the southwest corner of Loop 288 and Kings
Row. The Planning and Zoning Commission recommends approval subject to
conditions (6-0).(Z07-0016, Kim Property, West Tract)
D.Hold a public hearing and consider adoption of an ordinance to rezone
approximately 5.224 acres from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The
property is located at the southeast corner of Loop 288 and Kings Row. The
Planning and Zoning Commission recommends approval (6-0). (Z07-0014, Kim
Property, East Tract)
E.Hold a public hearing and consider adoption of an ordinance regarding the
rezoning of three sites containing a total of approximately9.02 acres from a Rural
Residential (RD-5) zoning district to an Employment Center Commercial (EC-C)
zoning district. The first site contains approximately 3.95 acres, the second site
approximately 0.173 acres, and the third site approximately 4.897 acres. The sites
are generally located on the north side of Spencer Road between Woodrow Lane
and Brinker Road. The Planning and Zoning Commission recommends approval
(6-0).(Z07-0017, Denton Municipal Electric Spencer Complex Zoning)
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 meeting of September 25,
2007; providing for publication of notice of such vote on the tax rate; and
providing an effective date.
B.Consider nominations/appointments to City boards and commissions.
C.Citizen Reports
1.Review of procedures for addressing the City Council.
2.Receive citizen reports from the following:
A.Donna Woodfork regarding the Dr. Martin Luther King Center
picture.
D.New Business and Announcements
This item provides a section for Council Members to suggest items for future
agendas, request information from the City Manager, and/or make announcements
of public interest.
E.City Manager’s Report
F.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Agenda
September 18, 2007
Page 6
G.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
C E R T I F I C A T E
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 ___________________, 2007 at ________o'clock
(a.m.) (p.m.)
____________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY’S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the 2007-08 Budget and
the Capital Improvement Program.
BACKGROUND
A workshop to present the preliminary details of the budget was conducted on July 25, 2007, and
the 2007-08 Proposed Budget was submitted to the City Council on July 31, 2007. This agenda
item is being scheduled to allow Council members to ask any follow-up questions regarding the
proposed budget. The following describes the schedule to adopt the budget and tax rate.
August 21 Vote to Consider a Proposal for a Tax Increase prior
to publishing Notice of Hearing
Vote on Notice of Intent to Issue Drainage Bonds
September 11 Public Hearings on Budget and Tax Rate (1st Hearing)
September 18 Second Public Hearing on Tax Rate
September 25 City Council Adopts Budgets and Tax Rate
October 2 Approve Drainage Bond Sale
Respectfully submitted:
Bryan Langley
Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider approval of a Resolution appointing members to the Board of Directors of the North
Texas Higher Education Authority; and declaring an effective date.
BACKGROUND
The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non-profit
corporation for the purpose of furthering educational opportunities of students by providing
funds for the acquisition of student loans. The cities of Arlington and Denton exercise the
powers enumerated under Section 53.47 of the Texas Education Code and the directors of the
Authority are appointed by the cities. Under Section 53.47 the Authority may issue revenue
bonds or borrow money to provide funds for the purchase of student loans guaranteed under
provisions of the Higher Education Act of 1965, as amended. The Authority issued its first
revenue bonds for such purpose in 1979.
PRIOR ACTION/REVIEW
At its August 15, 2007, meeting, the North Texas Higher Education Authority Board took
action to nominate individuals to Places 6, and 8 on its board for the term October 1, 2007,
through September 30, 2009. The incumbent, Dr. Lindsay Keffer, Place 6, has expressed a
willingness to serve another term.
Mr. Jerry Falbo, who has been serving in Place 8, submitted his letter of resignation from the
board effective September 30, 2007. Ms. Virginia Anderson was nominated to serve in Place 8
Therefore, the names of Dr. Lindsay Keffer and Ms.
Virginia Anderson
to the NTHEA Board.
Mr. James Brock, Place 9, Member at Large, submitted his resignation from the board. The
NTHEA Board has decided that Place 9, which has dual appointments from the Cities of
Arlington and Denton, should remain open for the immediate future.
Agenda Information Sheet
September 18, 2007
Page 2
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
Letter from NTHEA
Resolution
Respectfully submitted:
Bryan Langley
Director of Finance
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Frank Payne 349-8946
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to execute a Professional
Services Agreement for Architect or Engineer with the firm of Birkhoff, Hendricks & Conway,
L.L.P., Consulting Engineers, for the design of and the construction plans and specifications for
the proposed City of Denton Roselawn Elevated Storage Tank, as set forth in the agreement;
authorizing the expenditure of funds therefor; and providing an effective date (File 3896-in the
amount of $150,950 for basic services; not to exceed $27,400 in additional services; and not to
exceed $71,500 in reimbursable expenses, totaling $249,850 for professional services). (The
Public Utilities Board approved this item by a vote of 6-0).
FILE INFORMATION
The Roselawn Elevated Storage Tank project will be a composite type tank to be constructed in
Roselawn Drive that ties the 20-inch water line in Bernard Street to the 20-inch water line in
Bonnie Brae (and ultimately the North-South Water Line). The project location is shown on
Attachment 1. This project is slated for construction in the Capital Improvement Program (CIP)
for FY2008 and is important for the extension of adequate water service to the southwest portion
of the City in response to projected growth in the area.
The proposed engineering fee of $249,850 for the professional services on this project includes
amounts for detailed design services, survey, preparation of property conveyance plats,
preliminary and final platting, geotechnical investigations, bid phase assistance and limited
construction services support. Fee components calculated in support of this contract amount
included $150,950 for basic services and $98,900 for additional services (survey, geotechnical,
platting, reproduction expenses, materials testing and inspections, and additional site visits).
Agenda Information Sheet
September 18, 2007
Page 2
FILE INFORMATION (CONTINUED)
The consultant projects a preliminary opinion of probable construction cost for the project at
approximately $3,594,000. Basic services represent approximately 4.2% of the projected
construction cost. The total contract amount represents approximately 6.95% of the projected
construction cost. Staff referenced two sources for comparison of fees based on a percentage of
construction: The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting
Engineers Council of Texas (CEC-T) curves of median compensation. From ASCE Manual No.
45, the design fee is projected at approximately 7% of the preliminary opinion of probable
construction cost. From CEC-jected
at approximately 5.4% of the preliminary opinion of probable construction cost.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its September 10, 2007 meeting.
RECOMMENDATION
Approve a professional services agreement between the City of Denton and Birkhoff, Hendricks
& Conway, L.L.P., Consulting Engineers, in the amount of $249,850.
PRINCIPAL PLACE OF BUSINESS
Birkhoff, Hendricks & Conway, L.L.P., Consulting Engineers
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
Design of the elevated tank project is expected to be complete by May 2008. The bid phase for
the elevated tank is projected to occur in July 2008. Construction of the tank is expected to
begin in the fall of 2008 and be completed by November 2009.
FISCAL INFORMATION
This project will be funded from account 630157511.1365.21100 in the amount of $187,856 and
630157513.1365.21100 in the amount of $61,994.
Agenda Information Sheet
September 18, 2007
Page 3
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Location Map
1-AIS File 3896
Attachment 1
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 September 10, 2007
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
7 September 10, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901-A Texas Street, Denton, Texas.
9
Present
10 : Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines, Randy Robinson and
11 Bill Grubbs
12
Absent
13 : Phil Gallivan, excused
14
15 Ex Officio Members:
16 George C. Campbell, City Manager, excused
17 Howard Martin, ACM Utilities
18
OPEN MEETING:
19
20
CONSENT AGENDA:
21
22
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 1) Consider recommending adoption of an ordinance declaring that a public necessity exists
26 and finding that public welfare and convenience requires the taking and acquiring of an
27 approximate 1.267 acre sanitary sewer easement located in the John Cheek Survey,
28 Abstract No. 227 and being within a parcel of land conveyed to Jeffrey W. Noe and wife,
29 Jeanie T. Noe by deed recorded in Volume 2879, Page 544 of the Real Property Records
30 of Denton County, Texas; authorizing the City Manager or his designee to make an offer
31 to purchase the easement for just compensation, and if such offer is not accepted,
32 authorizing the City Attorney, or his designee, to institute the necessary proceedings in
33 condemnation in order to acquire the easement.
34
35 2) Consider recommending adoption of an ordinance declaring that a public necessity exists
36 and finding that public welfare and convenience requires the taking and acquiring of an
37 approximate 3.932 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
38 Abstract No. 329 and being within a parcel of land conveyed to Ronald L. Carter by deed
39 recorded in Denton County Clerk File No. 2005-84985 of the Real Property Records of
40 Denton County, Texas; authorizing the City Manager or his designee to make an offer to
41 purchase the easement for just compensation, and if such offer is not accepted,
42 authorizing the City Attorney, or his designee, to institute the necessary proceedings in
43 condemnation in order to acquire the easement.
44
45 3) Consider recommending adoption of an ordinance declaring that a public necessity exists
46 and finding that public welfare and convenience requires the taking and acquiring of an
47 approximate 3.956 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
48 Abstract No. 329 and being within a parcel of land conveyed to Mark Hannah, Jr. by
49 deed recorded in Volume 4322, Page 1746 of the Real Property Records of Denton
50 County, Texas; authorizing the City Manager or his designee to make an offer to
Public Utilities Board Agenda
September 10, 2007
2 of 3
1 purchase the easement for just compensation, and if such offer is not accepted,
2 authorizing the City Attorney, or his designee, to institute the necessary proceedings in
3 condemnation in order to acquire the easement.
4
5 4) a) Consider recommendation for approval Interlocal Cooperation Agreement By
6 and B
7 -fiber optic excess capacity for a term of two years.
8
9 l Cooperation Agreement By
10
11 -fiber optic excess capacity for a term of ten years.
12
Board Member John Baines moved to approve Item 1 through 4 with a second from Board
13
Member Bill Cheek. The motion was approved by a 6-0 vote.
14
15
ITEMS FOR INDIVIDUAL CONSIDERATION
16 :
17
18 7) Consider recommendation for approval of a Professional Services Agreement for
19 Architect or Engineer and by and between the City of Denton and Birkhoff, Hendricks &
20 Conway, L.L.P. in the amount of $249,850.00 for Engineering Services associated with
21 the Roselawn Elevated Storage Tank project.
22
23 Frank Payne, City Engineer, presented this item, stating this project is an elevated storage tank
24 off of Roselawn Drive, located on the high spot of the property just north of Roselawn, south of
25 the park area, and will provide better service to the southwest side of town. The consultant total
26 contract amount is $249,850 and is consistent with the level of effort required for a project of this
27 nature.
28
29 Board Member Dick Smith asked about tree preservation at this site. Payne replied that
30 preservation will be at least 50% of the trees on the site which falls under the most strict
31 tree preservation approach. The City is exempt from the Code but staff has followed the letter of
32 the law for this type of site. Board Member Smith asked if preserving the trees would result in
33 the City having to acquire additional property. Payne replied he did not think so.
34
35 Board Member Baines asked why the facility was needed. Payne replied that construction of the
36 tank on the highest point would provide a natural head to maintain the service area pressure.
37 Howard Martin, ACM, stated that the water line project that brings water to this elevated storage
38 tank, and the elevated tank itself, puts the City in a better position to serve the southwest service
39 area and that there is a need for an additional line for that service area.
40
41 Board Member Cheek asked if impact fees would provide the funding. Payne replied there was
42 bond funds set up for this project.
43
44 Board Member Baines asked what would happen if the tank was not built. Payne replied it
45 would become more difficult to maintain the level of service to that area. Martin also stated that
Public Utilities Board Agenda
September 10, 2007
3 of 3
1 TCEQ has state standards which communities have to meet and, without that tank, the City will,
2 from a regulatory standpoint, fall below the number of gallons of elevated storage needed.
3
4 Board Member Bill Grubbs asked about the installation of the pipeline. Payne replied the
5 pipeline was being installed now which runs along the north side of Roselawn and as part of this
6
7
Board Member Bill Cheek moved to approve with a second from Board Member Randy
8
Robinson. The motion was approved by a 6-0 vote.
9
10
11
The meeting was adjourned by consensus at 10:48 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Parks and Recreation Department - Neighborhood Services Division
ACM:
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of
Chapter 18 relating to motor vehicles and traffic by amending Section 18-106; amending the
provisions of Chapter 20 relating to nuisances by deleting Sections 20-3 through 20-6; by
amending Sections 20-47, 20-72, 20-132, 20-180 and 20-184; by creating Section 20-114 related
to outside storage; amending the provisions of Chapter 21 relating to offenses by amending
Section 21-55(c); by amending the provisions of Chapter 24 relating to solid waste by amending
Section 24-43(d); providing for a severability clause; providing a repealer clause; providing a
savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and
providing for an effective date.
BACKGROUND
On February 7, 2006, City Council approved passage of an ordinance amending the provisions of
Chapter 20 (Nuisances) by creating Article V “Fences.” The main provisions of the ordinance
specified that fences must be maintained in good repair, and provided for the removal of fences,
except in circumstances in which the fence was required pursuant to other regulations.
On this same date, City Council also approved passage of an ordinance amending the provisions
of Chapter 20 (Nuisances) by creating Article VI “Certain Parking Regulations.” The main
provisions of the ordinance disallowed: parking on unimproved surfaces in front, side and rear
yards; the storage of oversized vehicles on public rights-of-way in residential zoned districts; and
the sale of vehicles within 100’ of a right-of-way or easement with an exception for new and
used car dealerships.
On October 3 and 10, 2006, staff presented information during City Council work session
regarding existing regulations, enforcement and cleanup procedures, and options regarding trash
and debris left at the curb of vacant properties. After much discussion, and based on staff
recommendations, Council decided the following:
Continue with the 7-day abatement timeframe and cite owners immediately for all
violations, i.e. trash and debris nuisance, trash not properly containerized, trash placed at
the curb at illegal hours, etc.
At the discretion of the Code Enforcement staff, eliminate the abatement timeframe
Code Enforcement has
altogether, collect the items, and cite the property owner. (
enacted this procedure to effectively address trash and debris left at the curb of
vacant properties.)
Pass an ordinance to legally restrict the use of collected Code Enforcement invoices and
liens for use in the Code Enforcement program. These funds would be held in a Special
Revenue Fund used strictly for this purpose.
On July 24, 2007 Code Enforcement staff brought forth 21 recommendations to modify existing
ordinances. In the opinion of staff, the amendments were needed to strengthen or clarify the
provisions, to eliminate conflict with existing provisions, and/or to allow for needed changes in
Code Enforcement procedure. At this meeting, Council approved some recommendations as
presented, and requested changes to other recommendations.
Today, Council is being presented with 13 recommendations on 12 items fromthe July 24 work
session in finalized ordinance format. The remaining eight recommendations from the July 24
work session will be brought back to Council for input and further direction in the future.
OPTIONS
Direct staff to proceed with the proposed ordinance.
Direct staff to make modifications to the proposed ordinance.
RECOMMENDATION
Staff recommends adoption of the ordinance making amendments to the provisions in Chapter
18, 20, 21, and 24 of the Denton Code of Ordinances.
PRIOR ACTION/REVIEW
Council review and discussion on July 24, 2007.
FISCAL INFORMATION
No fiscal impact.
EXHIBITS
.
1Ordinance
2. Ordinance backup materials
Respectfully submitted:
Emerson Vorel
Director of Parks and Recreation
Prepared By:
Lancine Bentley
Program Area Manager
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ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 18 RELATING TO MOTOR VEHICLES AND TRAFFIC BY AMENDING
SECTION 18-106; AMENDING THE PROVISIONS OF CHAPTER 20 RELATING TO
NUISANCES BY DELETING SECTIONS 20-3 THROUGH 20-6; BY AMENDING
SECTIONS 20-47, 20-72, 20-132, 20-180 AND 20-184; BY CREATING SECTION 20-114
RELATED TO OUTSIDE STORAGE; AMENDING THE PROVISIONS OF CHAPTER 21
RELATING TO OFFENSES BY AMENDING SECTION 21-55(c); BY AMENDING THE
PROVISIONS OF CHAPTER 24 RELATING TO SOLID WASTE BY AMENDING SECTION
24-43(d); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO
EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 18 Motor Vehicles
and Traffic18-106 Parking of
vehicles or storage of goods in parkways prohibited
of vehicles or storage of goods in rights-of- to use the term right-of-way to
define the location s where goods cannot be stored and vehicles may not be parked. Section 18-
106 shall read as follows:
Sec. 18-106. Parking of vehicles or storage of goods in rights-of-way prohibited.
(a) For the purposes of this section, a right-of-shall include:
(1) the entire width of all public streets and highways including any shoulders
of these roadways;
(2) the entire width of any alleys; and
(3) all other public easements including any easements running adjacent to
any public roadways and alleys.
(b) It shall be unlawful for any person to park any vehicle or store any goods in or
upon any right-of-way, notwithstanding the location of any drive or driveway in
such right-of-way. This section shall not apply to a vehicle legally parked on a
public street or highway nor shall this section apply to a vehicle legally parked in
a driveway provided no sidewalks are blocked by the vehicle.
SECTION 2. That Chapter 20 Nuisances
and the same is hereby amended by deleting Section 20--
Gen
SECTION 3. That Chapter 20 Nuisances
and the same is hereby amended by deleting Section 20--Notice to owner of
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SECTION 4. That Chapter 20 Nuisances
and the same is hereby amended by deleting Section 20-
SECTION 5. That Chapter 20 Nuisances
and the same is hereby amended by deleting Section 20-
alleyway clean-
SECTION 6. That Chapter 20 Nuisances
and the same is hereby amended by deleting Section 20--
SECTION 7. That Chapter 20 Nuisances
and the same is hereby amended by amending Section 20-47 Inoperable vehicles, inoperable
motor vehicles, junked vehicles declared public nuisance; maintaining public nuisance
by amending subsection (d) to consistently refer to the same type of vehicles; by re-
numbering the current subsection (h) to subsection (i) and by adding a new subsection (h) to
prohibit the use of tarps or other covers not designed to cover motor vehicles from being used to
cover operable motor vehicles or operable vehicles. Section 20-47 shall read as follows:
Sec. 20-47. Inoperable vehicles, inoperable motor vehicles, junked vehicles declared
public nuisance; maintaining public nuisance prohibited
(a) An inoperable vehicle, inoperable motor vehicle or junked vehicle that is visible
from a public place or public right-of-way and/or is considered detrimental to the
safety and welfare of the general public, tends to reduce the value of private
property, invites vandalism, creates a fire hazard, is an attractive nuisance creating
a hazard to the health and safety of minors, produces urban blight adverse to the
maintenance and continuing development of the city, and is declared to be a
public nuisance.
(b) It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to maintain a public
nuisance as determined under this section.
(c) It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to have more than two
inoperable vehicles, inoperable motor vehicles or junked vehicles upon their
property.
(d) Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be
screened from any public place or public right-of-way by means of a solid opaque
fence or shall be enclosed within a building. In no case shall any cover placed
over an inoperable vehicle, inoperable motor vehicle, or junked vehicle constitute
adequate screening.
(e) An inoperable vehicle, inoperable motor vehicle, or junked vehicle or vehicle part
may be disposed of by removal to a scrap yard, demolisher or any suitable site.
(f) It shall be construed that a vehicle that is not demonstrated to be operable upon
request of the designated city official is an inoperable vehicle.
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(g) An inoperable motor vehicle that remains inoperable for more than thirty (30)
consecutive days becomes a junked vehicle.
(h) At no time shall a tarp or any cover not designed to cover a motor vehicle or
vehicle be used as a cover for an operable motor vehicle or operable vehicle.
(i) Neither allegation nor evidence of a culpable mental state is required for the proof
of an offense defined by this article.
SECTION 8. That Chapter 20 Nuisances
and the same is hereby amended by amending Section 20-72 Weeds and brush over twelve
inches highamending subsection (c) to change the minimum height limbs, brush or other
vegetation must be trimmed or cut to above a public street or alley to fifteen (15) feet which is
consistent with the requirements of the Denton Development Code. Section 20-72(c) shall read
as follows:
Sec. 20-72. Weeds and brush over twelve inches high.
(c) It shall be unlawful for any owner or occupant of any property within the city to
suffer or permit limbs, brush and other vegetation existing above a public street or
alley to hang lower than fifteen (15) vertical feet (measured at the curbline) above
the alley or public street pavement or seven (7) feet above the sidewalk and other
rights-of-way.
SECTION 9. That Chapter 20 Nuisances
and the same is hereby amended by amending Section 20-132 allowing
for delivery of the notice of violation by delivery in person, notice left on the property or notice
by United States mail delivery. Section 20-132 shall read as follows:
Sec. 20-132. Service of notice.
Notice of the violation may be delivered to the owner or occupant in person, by notice
records of the appraisal district in which the property is located, and delivered by United
States mail
If the property is vacant, then the notice will be mailed to the owner's address as recorded
in the appraisal district records of the appraisal district in which the property is located
and delivered by United States mail. The property will be reinspected no sooner than
after seven (7) days of the date on the notice. If the property is not in compliance at this
time, citation may be issued
SECTION 10. That Chapter 20 of the Code of OrdinaNuisances
and the same is hereby amended by amending Section 20-180 the
definition of improved surface. Section 20-180 shall read as follows:
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Sec. 20-180. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Improved surface means an area paved with concrete, asphalt, pavers, open pavers,
crushed stone or gravel free of any vegetation including but not limited to grass and weeds.
Motorcycle means a motor vehicle designed to propel itself with not more than three
wheels in contact with the ground. The term does not include a tractor or any other self-propelled
farm equipment.
Motor vehicle for the purposes of this article shall only include passenger cars, pickup
trucks and motorcycles.
Passenger car means a self-propelled vehicle designed or used primarily for the
transportation of persons upon streets and does not include truck-tractors, trailers, campers,
recreational vehicles, travel trailers or farm tractors.
Street means the width between the boundary lines of a publicly maintained way any part
of which is open to the public for vehicular travel.
Truck-tractor means a motor-driven vehicle designed and used primarily for drawing
another vehicle and not constructed to carry a load other than a part of the weight of the vehicle
and load to be drawn.
Vehicle means a device in or by which a person or property is or may be transported or
drawn on a public highway, or on any waterway and shall include all motor vehicles, trailers,
campers, camper shells, wheeled towing frames, recreational vehicles, truck-tractors, travel
trailers, self-propelled farm equipment, motor-boats or boat trailers. For the purposes of this
article, "vehicles" shall not include non-motorized bicycles, skateboards, roller skates, or any
other non-motorized toy vehicle.
SECTION 11. That Chapter 20 of the Code of Ordinances of the CitNuisances
and the same is hereby amended by amending Section 20-184
subsection (a)(1) to add tow trucks to the list of vehicles which may not be stored or parked on a
public right-of-way in a residential zoned district; to add an exemption to subsection (a)(1) for
agricultural equipment in certain circumstances; and to amend subsection (a)(2) to establish
guidelines for adding to existing driveways. Section 20-184 shall read as follows:
Sec. 20-184. Parking nuisances.
(a) Parking regulations. It is a nuisance and shall be deemed illegal for any person to
park in violation of the following provisions:
(1) It shall be unlawful for a person to park or store or allow another to park
or store a recreational vehicle, travel trailer, boat or boat trailer, tow truck
or any vehicle other than a motor vehicle on any public right-of-way in
any residential zoned district.
(2) It shall be unlawful for a person to park or store or allow another to park
or store a vehicle in the front yard of any property upon any surface other
than an improved surface. Any improved surfaces used or added for the
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purpose of parking vehicles on any front yard of any lot shall be in
compliance with this code. Any improved surfaces added for the purpose
of parking vehicles shall be attached to an existing driveway. Crushed
stone and gravel driveways must be poured to a four inch depth and
bordered. Dirt driveways are prohibited. If gravel is chosen as the
material for the additional surface, the ground or surface must be
excavated so the gravel can be poured to the required four inch depth and
bordered, and be level with the existing driveway.
(3) It shall be unlawful for any person to park or store or allow another to park
or store a vehicle in the side yard or in the rear yard of any lot, upon any
surface other than an improved surface unless such vehicle is concealed
from view from all points along public streets and alleys by a solid,
opaque fence or wall providing full screening from the ground to a
minimum height of six (6) feet. Any fencing must be in compliance with
the Denton Development Code and all applicable ordinances and laws
regarding fencing.
(4) It shall be unlawful for any person to park or store or allow another to park
or store a vehicle on any unimproved lot, easement, or right-of-way.
(5) It shall be unlawful to use a vehicle for living or sleeping quarters, or for
the storage of trash, debris or personal property not normally associated
with the vehicle.
(6) Residential properties with homesteads that exceed two acres may have a
total of five pieces of operable, agricultural equipment, two of which may
be trailers, parked on an unimproved surface. The surface must be located
one hundred and fifty (150) feet from the street and adjacent properties
and behind the front building line. Additionally, the agricultural
equipment may not be parked on any easement or right-of-way.
Agricultural equipment is equipment used for farming operations that is
not required to be registered by the State of Texas.
SECTION 12. That Chapter 20 Nuisances
and the same is hereby amended by adding Section 20-114
limitations on the types of goods or items which may be stored outside and the manner of the
storage of these goods and items. Section 20-114 shall read as follows:
Sec. 20-114. Outside storage.
It shall be unlawful for any person to allow, permit, conduct or maintain any outside
storage, outside of an enclosed structure or fully concealed behind an opaque screening
fence, on any portion of a lot or tract. The door of the enclosed structure must be
manufactured for use with the structure.
(a) Prohibited outside storage for this section shall include, but not be limited to, the
following items stored in a manner other than in an enclosed building or behind
an opaque screening fence:
(1) Building materials to be used on site;
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(2) Supplies, materials or other matter associated with a home occupation;
(3) Supplies, materials or other matter associated with a nonresidential
activity;
(4) Chemicals;
(5) Furniture not designed for outdoor use;
(6) Appliances not designed for outdoor use;
(7) Appliances designed for outdoor use but not currently installed;
(8) Tools, mobile and/or mechanical equipment not connected with a
residential use;
(9) Lawn maintenance equipment;
(10) Motor vehicle parts and/or accessories including but not limited to
engines, transmissions, electrical parts, suspension parts, vehicle body
parts, batteries, tires, wheels, hubcaps and other motor vehicle parts;
(11) Other items or personal property which are not customarily used or stored
outside or which are not made of a material that is resistant to damage or
deterioration from exposure to the outside environment;
(12) Barrels, boxes and buckets; or
(13) Trash, garbage or other refuse.
(b)
front building line and the curb or the street.
(c) Smokers, barbeque grills or any other type of outdoor cooking equipment may not
be maintained in the front yard between the front building line and the curb or the
street.
(d) No screening or storage requirements apply to (b) and (c) provided the items are
maintained behind the front building line.
SECTION 13. That Chapter 21 Offenses
and the same is hereby amended by amending Section 21-55(c) Owner responsibility
allowing for delivery of the notice of violation by delivery in person, notice left on the property
or notice by United States mail delivery. Section 21-55(c) shall read as follows:
Sec. 21-55. Owner responsibility.
(c) Notice of the violation may be delivered to the owner or occupant in person, by
appraisal district records of the appraisal district in which the property is located,
and delivered by United States mail. If the owner cannot be found or the notice is
returned by the United States Postal Service as undeliverable, then the owner may
be notified by:
(1) Publication at least twice within ten (10) consecutive days;
(2) Posting notice of the violation on or near the front door of each building
on the property in violation; or
(3) If the property contains no buildings, posting the notice of a violation on a
placard attached to a stake driven into the ground on the property.
(d) The owner of the property subject to abatement under this article may appeal the
decision of the designee by requesting a hearing by notifying, in writing, the
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designee within fourteen (14) days following the receipt of the notice. The
hearing shall be conducted by the designee for the purpose of determining
whether the conditions constitute a public nuisance under the provisions of this
article. The owner shall be provided written notice of the time and place of the
hearing at least ten (10) days prior thereto. At the hearing, the owner and the
designee may present evidence relevant to the proceeding. The designee's
decision shall be final.
(e) If the owner fails to timely abate the graffiti or request a hearing, or if it is
determined at the hearing that the graffiti constitutes a nuisance, the designee will
assess expenses, and place a lien on the property.
(f) Prior to the filing of a lien, the designee shall mail the owner an invoice for the
costs of removal. In the event the invoice is not paid within thirty (30) days, a lien
shall be filed on the property.
(g) An owner maintains a public nuisance if he fails to remove graffiti or refuses to
allow graffiti to be removed from his property after having been notified by the
city or in the event of appeal, upon order by the designee.
SECTION 14. That Chapter 24 of tSolid Waste
and the same is hereby amended by amending Section 24-43
amending subsection (d) regarding the removal of solid waste containers after collection.
Section 24-43 shall read as follows:
Sec. 24-43. Residential collection service.
(a) All single family residents within the city shall place their residential refuse and
recyclables at the curb as specified by the director of solid waste or designee.
(b) Residential refuse and recyclables shall be placed at the curb no earlier than 6:00
p.m. on the day prior to the scheduled collection day. To ensure collection,
residential refuse and recyclables should be placed at the curb by 7:00 a.m. on the
day of collection.
(c) Customers whose refuse or recyclables were not collected because; they were not
placed at the proper location, they contained unacceptable materials, or they were
not placed out for collection by the required time, shall not be collected until the
next regularly scheduled collection service.
(d) Containers, receptacles and any unaccepted waste or recyclables, shall be
removed from the curb or other designated collection point by the customer no
later than 8:00 a.m. on the day following the scheduled collection day. Upon
removal from the curb, containers or receptacles shall be stored in as
inconspicuous a location as possible, such as:
(1) in a garage,
(2) in an outdoor storage building,
(3) on the side of a structure on the property, or
(4) at the back of a structure on the property.
At no point shall a container, receptacle or unaccepted waste or recyclables be
stored or remain in public view in the front yard, on the front porch, or in front of
the main structure on the property.
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(e) All refuse and recyclable containers shall securely contain all contents, and shall
be capable of being handled without spillage. Refuse and recyclables determined
by the city to not be properly contained shall not be collected.
SECTION 15. 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 effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 16. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 17. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 18. This ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _________ day of ___________________, 2007.
__________________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
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Ordinance Change Requests
The list of ordinance change requests below, from the July 24 Council work
session, are those items that were approved as is or that were deemed
acceptable once some changes were made.
KEY: Wording with strikeouts (-----------) is being recommended for deletion.
Wording in RED is being recommended as additions.
Wording in BLUE are Council input from the July 24 work session, and staff
responses.
SERVING NOTICE
1. Sec 20-132. Service of Notice.
Currently the ordinance reads: “Notice of the violation will be delivered to the owner or
occupant in person or by notice left at the location.”
This wording does not allow for the option of mailing notices.
Recommendation:
Change to read as follows: Notice of the violation will be delivered
to the owner or occupant in person or by notice left at the location “may be delivered to
the owner or occupant in person, by notice left at the location, or mailed to the owner’s
address as recorded in the appraisal district records of the appraisal district in which the
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property is located, and delivered by United States mail.”
2. Sec 21-55 (c). Owner responsibility.
Currently the ordinance reads: “The notice may be served by personal delivery, or by
United States certified mail, return receipt requested to the owner at the owner’s post
office address as shown on the tax rolls.”
This option does not allow for regular mail service delivery.
Recommendation:
Change to agree with the recommendation made in 20-132 Service
of Notice, and to read as follows: “Notice of the violation may be delivered to the owner
or occupant in person, by notice left at the location, or mailed to the owner’s address as
recorded in the appraisal district records of the appraisal district in which the property is
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located, and delivered by United States mail.”
CERTAIN PARKING REGULATIONS
3. Sec 20-180. Definitions.
Currently the ordinance reads: “Improved surface means an area paved with concrete,
asphalt or comparable surfacing constructed to standards on file in the office of the
director of engineering. All improved surfaces shall be constructed in compliance with
any applicable standards set forth in the Denton Development Code and the City of
Denton Transportation Criteria Manual.”
Expand the list of materials that qualify as an improved surface to facilitate the
improvement of unimproved surfaces in older neighborhoods. Delete the “director of
engineering” reference as no such position exists.
Recommendation: :
Change the improved surface definition to read as followsImproved
surface means an area paved with concrete, asphalt, pavers, open pavers, crushed
stone or gravel. or comparable surfacing constructed to standards on file in the office of
the director of engineering. All improved surfaces shall be constructed in compliance with
any applicable standards set forth in the Denton Development Code.and the City of
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Denton Transportation Criteria Manual.
4. Sec.20-184 (a) (1). Parking regulations.
Currently the ordinance reads: “It shall be unlawful for a person to park or store or allow
another to park or store a recreational vehicle, travel trailer, boat or boat trailer, or any
vehicle other than a motor vehicle on any public right-of-way in any residential zoned
district.”
Does not disallow tow trucks to park on residential streets.
Recommendation:
Change to read as follows: It shall be unlawful for a person to park
or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat
trailer,tow truck or any vehicle other than a motor vehicle on any public right-of-way in
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any residential zoned district.
5. Sec. 20-184 (a) (1) Parking regulations.
Currently the ordinance reads: “It shall be unlawful for a person to park or store or allow
another to park or store a recreational vehicle, travel trailer, boat or boat trailer, or any
vehicle other than a motor vehicle on any public right-of-way in any residential zoned
district.”
This provision does not allow an exemption for agricultural equipment.
Recommendation:
Change to read as follows: It shall be unlawful for a person to park
or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat
trailer, or any vehicle other than a motor vehicle on any public right-of-way in any
residential zoned district. “Properties that exceed two acres may have a total of four
pieces of operable, agricultural equipment, including two trailers, parked on an
unimproved surface that is located 100’ from the street and adjacent properties.”
Recommendation:
Add a definition for Agricultural Equipment to read as follows:
“Agricultural Equipment is equipment used for farming operations that is not required to
be registered by the state.”
Council recommendation:
Four pieces of agricultural equipment is too small a number.
Increase number, and possibly increase the parking distance from the street and
adjacent properties. Council did not specify a number regarding the agricultural
equipment. However, Council did suggest to increase the parking distance to 150’.
Ed Snyder recommendation:
Stated that there is a state law that provides protection
for annexed agricultural properties. However, the properties that currently need some
exemption from the ‘parking on an unimproved surface’ provisions are zoned residential
not agricultural, and have not been recently annexed.
Staff response:
Will increase the number of pieces of agricultural equipment to five and
the parking distance requirement to 150’ from the street or adjacent properties to
accommodate Council recommendations. Per the prosecutor, it is not necessary to
include the agricultural protections for newly-annexed properties in the Denton Code of
Ordinances as they are state law and can be referred to as needed.
This is an improvement over the current ordinance which makes no exceptions for
agricultural equipment at all. Without a change to the ordinance, we must require parking
pads for agricultural equipment.
6. Sec. 20-184 (a) (2). Parking regulations.
Currently the ordinance reads: “Any improved surfaces used or added for the purpose of
parking vehicles on any front yard of any lot shall be in compliance with the Denton
Development Code and any other applicable ordinances.”
Currently, new surfaces added for the purpose of parking can be poured in locations on
properties that require the citizen to drive across their yard to access the parking pad.
Recommendation:
Change the wording to read as follows: Any improved surfaces
used or added for the purpose of parking vehicles on any front yard of any lot shall be in
compliance with the Denton Development Code and any other applicable ordinancesthis
code. Add:“Any improved surfaces added for the purpose of parking vehicles shall be
attached to an existing driveway and made from the same material as the existing
driveway. Crushed stone and gravel driveways must be poured to a four inch depth and
bordered. Dirt driveways are prohibited.”
Council recommendation:
Eliminate the wording “and made from the same material as
the existing driveway.” If gravel is chosen as the material for the additional surface,
require that the dirt be excavated so that gravel is poured to the required 4” depth and
bordered, and will be level with the existing driveway.
Staff response:
Will change wording to accommodate Council recommendation.
STORAGE OF GOODS IN RIGHTS-OF-WAY
7. 18-106 Parking of vehicles or storage of goods in parkways prohibited.
Currently the ordinance reads: (b) “It shall be unlawful for any person to park any vehicle
or store any goods in or upon any parkway, notwithstanding the location of any drive or
driveway in such parkway.”
This ordinance prohibits the storage and use of basketball goals in the parkway (right-of-
way), but does not prohibit the storage or use of basketball goals on city streets. Also,
the use of the word parkway is confusing.
Recommendation:
Change to read as follows:
18-106 Parking of vehicles or storage of goods in parkwaysrights-of-way prohibited.
(b) It shall be unlawful for any person to park any vehicle or store any goods in or upon
any parkway right-of-way, notwithstanding the location of any drive or driveway in such
parkwayright-of-way.
Add: “(c) It shall be unlawful for any person to store any goods in or upon any public
street or alley not including any motor vehicle that is legally parked and in compliance
with all ordinances and state statutes.”
Council recommendation:
Eliminate (c) because the right-of-way includes the center
line of the street to the curb.
Staff response:
Will eliminate (c) to accommodate Council recommendation, but will
need to add the term right-of-way and a definition because it is not currently contained in
the ordinance.
INOPERABLE MOTOR VEHICLES
8. Sec. 20-47 Inoperable vehicles, inoperable motor vehicles, junked vehicles declared
public nuisance; maintaining public nuisance prohibited.
Does not have provisions disallowing tarps to be used as a cover for operable motor
vehicles and vehicles.
Recommendation:
Add the following wording: “(h) At no time shall a tarp or any cover
not designed for a specific make and model of motor vehicle or vehicle be used as a
cover for an operable motor vehicle or vehicle.”
Council recommendation:
Eliminate the wording “not designed for a specific make and
model.”
Staff response:
Will change wording to accommodate Council recommendation.
TRASH AND RECYCLING CONTAINERS
9. Sec. 24-43 (d). Residential collection service.
Currently the current ordinance reads: “Containers, receptacles and any unaccepted
waste or recyclables, shall be removed from the curb or other designated collection point
by the customer no later than 8:00 a.m. on the day following the scheduled collection
day.”
The provisions do not specify the proper placement of carts on non-collection days. The
current ordinance does not provide language for the enforcement of carts left in the
middle of the yard or driveway, or within a few feet of the curb.
Recommendation:
Change to read as follows: Containers, receptacles and any
unaccepted waste or recyclables, shall be removed from the curb or other designated
collection point by the customer no later than 8:00 a.m. on the day following the
scheduled collection day.Add:“Upon removal from the curb, containers/receptacles
shall be stored in as inconspicuous a location as possible, such as:
(a) in a garage,
(b) in an outdoor storage building,
(c) on the side of a structure, behind the front building line, on the property, or
(d) at the back of a structure, behind the front building line, on the property.”
Council recommendation:
Delete “behind the front building line” in (c) and (d) to
eliminate redundancy. Add the phrase “behind the front building line” in a separate
sentence to express the disallowance of maintaining carts in front yards.
Staff response:
Will change wording to accommodate Council recommendation.
TRASH AND DEBRIS
10. Sec. 20-3 through 20-6. Trash and debris nuisances.
These sections are no longer enforced as they have been superceded by the passage of
Article III. Weeds and Grass and Unsightly or Unsanitary Matter on November 2, 2004.
Recommendation:
Delete the above-listed sections (20-3 through 20-6) to reduce
confusion with the new sections (Article III. Weeds and Grass and Unsightly or
Unsanitary Matter, Sec. 20-71 through 20-135) that were added on November 2, 2004.
OK
OUTSIDE STORAGE
11. 35.12.7 Outside Storage in the Denton Development Code has provisions limiting outside
storage on commercial properties. However, there is no companion code in the Code of
Ordinances limiting outside storage on residential properties.
Recommendation:
Adopt outside storage provisions for Chapter 20 of the Code of
Ordinances as follows:
“Outside storage.
It shall be unlawful for any person to allow, permit, conduct or maintain any outside
storage, outside of an enclosed structure, on any portion of a lot or tract, or under a
carport or covered patio or other projecting overhang, for a continuous period in excess
of seven days. The door of the enclosed structure must be manufactured for use with the
structure.
(a) Prohibited outside storage for this section shall include, but not be limited to, the
following items stored in a manner other than in an enclosed building:
(1) Building materials;
(2) Supplies, materials or other matter associated with a home occupation;
(3) Supplies, materials or other matter associated with a nonresidential activity;
(4) Chemicals;
(5) Furniture not designed for outdoor use;
(6) Appliances not designed for outdoor use;
(7) Appliances designed for outdoor use but not currently installed;
(8) Tools, mobile and/or mechanical equipment not connected with a residential use;
(9) Lawn maintenance equipment;
(10) Motor vehicle parts and/or accessories including but not limited to engines,
transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires,
wheels, hubcaps and other motor vehicle parts;
(11) Other items or personal property which are not customarily used or stored outside
or which are not made of a material that is resistant to damage or deterioration from
exposure to the outside environment;
(12) Barrels, boxes and buckets; or
(13) Trash, garbage or other refuse.”
(b) Children’s play equipment may not be maintained in the side yard, or the front yard
between the front building line and the curb or the street.
(c) Smokers, barbeque grills or any other type of outdoor cooking equipment may not be
maintained in the side yard, or the front yard between the front building line and the curb
or the street.
Council recommendation:
Do not limit the storage of items to inside an enclosed
building only, but allow for storage behind an opaque screening fence. In (b) and (c),
allow for the open storage of these items in the back or side yard with no screening fence
or enclosed building requirements.
Staff response:
Will change wording to accommodate Council recommendation.
TREE CANOPY
12, The Denton Development Code (35.13.7. C.5 Tree Canopy Height) specifies that “The
street tree shall be maintained by pruning, thinning and other necessary care by the
adjacent property owner to ensure a minimum clearance of fifteen (15) vertical feet from
the curbline to any intruding canopy branches.
The Denton Code of Ordinances [Sec 20-72 (b, c)] specifies that “It shall be unlawful for
any owner or occupant of any property within the city to suffer or permit limbs, brush and
other vegetation existing above a public street or alley to hang lower than twelve (12) feet
above the alley or public street pavement or seven (7) feet above the sidewalk and other
rights-of-way.
The discrepancy between the Development Code and the Code of Ordinances makes
enforcement difficult.
Recommendation:
Change the Code of Ordinances to establish the same height
requirement as specified in the Denton Development Code.
Change the Code of Ordinances to read: “It shall be unlawful for any owner or occupant
of any property within the city to suffer or permit limbs, brush and other vegetation
existing above a public street or alley to hang lower than fifteen (15) vertical feet
(measured at the curbline) above the alley or public street pavement or seven (7) feet
OK
above the sidewalk and other rights-of-way.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Electric Utility
ACM:
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to
execute an Interlocal Cooperation Agreement by and between the City of Denton, Texas and
Denton County, Texas for the lease of a portion of the City’s dark fiber optic excess capacity for
a term of two years; providing for retroactive approval and confirmation of said Interlocal
Cooperation Agreement; authorizing the expenditure of funds therefor; and providing an
effective date. The Public Utilities Board recommends approval (6-0.)
BACKGROUND
Denton County has been a Denton Municipal Electric (DME) dark-fiber customer since mid-
2000. In 2005 Denton County renewed its dark-fiber lease with DME for an additional ten (10)
years in accordance with the Council adopted rate rider “DFR” to the annual Electric Rate
Ordinance. The two proposed Agreements herein are also made in accordance with the Council
adopted rate rider “DFR” to the Annual Electric Rate Ordinance. Denton County is a valued
DME customer. The dark-fiber leasing agreements between DME and Denton County, are a
“win-win” for both entities. DME currently has excess capacity regarding its dark-fiber optic
capacity, and in accordance with Texas statutory law, may lawfully lease its excess dark-fiber
optic capacity on a nondiscriminatory and non-preferential basis.
OPTIONS
1. Approve the attached Agreement for a dark-fiber connection between 317 West Mulberry
Street (the Bayless-Selby House) to 401 West Hickory Street.
2. Approve the attached Agreement for a dark-fiber connection between 608 East Hickory
Street to 1450 East McKinney Street and a dark-fiber connection between 2519 Scripture
Street to 1450 East McKinney Street.
3. Do not approve the Agreements.
RECOMMENDATIONS
DME recommends approval of the Agreements.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
Council approved the initial Denton County dark-fiber agreement in April 2000. Council
approved the renewal of the Denton County dark-fiber agreement in 2005. This item was
presented to the Public Utilities Board at their September 10, 2007regular meeting. The Public
Utilities Board recommends approval 6-0.
FISCAL INFORMATION
The total revenue that DME is expected to receive under both Agreements is $217,056.
The ten year Agreement is for two locations @ $1680.80 per month for a total contract value
of $201,696.
The two year Agreement is for one location @ $640.00 per month for a total contract value
of $15,360.
EXHIBITS
1.Ordinance
2.Interlocal Cooperation Agreement – 2 year term
3.PUB Minutes
Respectfully submitted,
Sharon Mays
General Manager
Denton Municipal Electric
Prepared by:
Harry Hettinger
Communications Superintendant
Û¨¸·¾·¬ ï
ORDINANCE NO. 2007-_______
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY
AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY,
TEXAS FOR THE LEASE OF A PORTION OF THE CITY’S DARK FIBER OPTIC
EXCESS CAPACITY FOR A TERM OF TWO YEARS; PROVIDING FOR
RETROACTIVE APPROVAL AND CONFIRMATION OF SAID INTERLOCAL
COOPERATION AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council, after considering the recommendation for approval
of the Interlocal Cooperation Agreement by the Public Utilities Board; and
WHEREAS, after review of the facts and circumstances regarding the Interlocal
Cooperation Agreement by and between the City of Denton, Texas and Denton County,
Texas, finds and concludes that the lease of the excess capacity dark fiber facilities, from
the City of Denton to Denton County, Texas, for a term of two (2) years, is fair, takes into
account the immediate needs of Denton County, and is done in a nondiscriminatory and
non-preferential basis as required by law; and
WHEREAS, because of the needs of Denton County, Texas the City Council
retroactively ratifies, confirms and approves the Interlocal Cooperation Agreement, to be
effective from and after September 24, 2007; and
WHEREAS, the Council determines that the Interlocal Cooperation Agreement is
in the best interests of the citizens of the City of Denton, Texas; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in his absence the Mayor Pro Tem, is hereby
authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement
between the City of Denton, Texas and Denton County, Texas for the lease by the City
of a portion of the dark fiber optic excess capacity owned by the City for a term of two
(2) years, in accordance with §54.2025 of the Texas Utilities Code, as amended; and
substantially in accordance with the Interlocal Cooperation Agreement which is attached
hereto and incorporated by reference herein.
SECTION 2. The expenditure of funds as set forth in the Interlocal Cooperation
Agreement is hereby authorized.
SECTION 3. The effective date of the above Interlocal Cooperation Agreement,
by and between the City and the County shall be ratified, confirmed and effective as of
September 24, 2007.
SECTION 4. The remainder of this ordinance shall become effective
immediately upon its passage and approval.
1
PASSED AND APPROVED this the_______day of __________________, 2007.
_________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: _________________________________
2
Û¨¸·¾·¬ î
Û¨¸·¾·¬ í
1DRAFT MINUTES
2PUBLIC UTILITIES BOARD
3September 10, 2007
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
7September 10, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8Center, 901-A Texas Street, Denton, Texas.
9
Present
10: Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines, Randy Robinson and
11Bill Grubbs
12
Absent
13: Phil Gallivan, excused
14
15 Ex Officio Members:
16 George C. Campbell, City Manager, excused
17 Howard Martin, ACM Utilities
18
OPEN MEETING:
19
20
CONSENT AGENDA:
21
22The Public Utilities Board has received background information, staff’s recommendations, and
23has had an opportunity to raise questions regarding these items prior to consideration.
24
251)Consider recommending adoption of an ordinance declaring that a public necessity exists
26and finding that public welfare and convenience requires the taking and acquiring of an
27approximate 1.267 acre sanitary sewer easement located in the John Cheek Survey,
28Abstract No. 227 and being within a parcel of land conveyed to Jeffrey W. Noe and wife,
29Jeanie T. Noe by deed recorded in Volume 2879, Page 544 of the Real Property Records
30of Denton County, Texas; authorizing the City Manager or his designee to make an offer
31to purchase the easement for just compensation, and if such offer is not accepted,
32authorizing the City Attorney, or his designee, to institute the necessary proceedings in
33condemnation in order to acquire the easement.
34
352)Consider recommending adoption of an ordinance declaring that a public necessity exists
36and finding that public welfare and convenience requires the taking and acquiring of an
37approximate 3.932 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
38Abstract No. 329 and being within a parcel of land conveyed to Ronald L. Carter by deed
39recorded in Denton County Clerk File No. 2005-84985 of the Real Property Records of
40Denton County, Texas; authorizing the City Manager or his designee to make an offer to
41purchase the easement for just compensation, and if such offer is not accepted,
42authorizing the City Attorney, or his designee, to institute the necessary proceedings in
43condemnation in order to acquire the easement.
44
453)Consider recommending adoption of an ordinance declaring that a public necessity exists
46and finding that public welfare and convenience requires the taking and acquiring of an
47approximate 3.956 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
48Abstract No. 329 and being within a parcel of land conveyed to Mark Hannah, Jr. by
49deed recorded in Volume 4322, Page 1746 of the Real Property Records of Denton
50County, Texas; authorizing the City Manager or his designee to make an offer to
Public Utilities Board Agenda
September 10, 2007
2 of 2
1purchase the easement for just compensation, and if such offer is not accepted,
2authorizing the City Attorney, or his designee, to institute the necessary proceedings in
3condemnation in order to acquire the easement.
4
54)a) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
6and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
7portion of the City’s dark-fiber optic excess capacity for a term of two years.
8
9b) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
10and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
11portion of the City’s dark-fiber optic excess capacity for a term of ten years.
12
Board Member John Baines moved to approve Items 1 through 4 with a second from
13
Board Member Bill Cheek. The motion was approved by a 6-0 vote.
14
15
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Electric Utility
ACM:
Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to
execute an Interlocal Cooperation Agreement by and between the City of Denton, Texas and
Denton County, Texas for the lease of a portion of the city’s dark fiber optic excess capacity for
a term of ten years; authorizing the expenditure of funds therefor; and providing an effective
date. The Public Utilities Board recommends approval (6-0.)
BACKGROUND
Denton County has been a Denton Municipal Electric (DME) dark-fiber customer since mid-
2000. In 2005 Denton County renewed its dark-fiber lease with DME for an additional ten (10)
years in accordance with the Council adopted rate rider “DFR” to the annual Electric Rate
Ordinance. The two proposed Agreements herein are also made in accordance with the Council
adopted rate rider “DFR” to the Annual Electric Rate Ordinance. Denton County is a valued
DME customer. The dark-fiber leasing agreements between DME and Denton County, are a
“win-win” for both entities. DME currently has excess capacity regarding its dark-fiber optic
capacity, and in accordance with Texas statutory law, may lawfully lease its excess dark-fiber
optic capacity on a nondiscriminatory and non-preferential basis.
OPTIONS
1. Approve the attached Agreement for a dark-fiber connection between 317 West Mulberry
Street (the Bayless-Selby House) to 401 West Hickory Street.
2. Approve the attached Agreement for a dark-fiber connection between 608 East Hickory
Street to 1450 East McKinney Street and a dark-fiber connection between 2519 Scripture
Street to 1450 East McKinney Street.
3. Do not approve the Agreements.
RECOMMENDATIONS
DME recommends approval of the Agreements.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
Council approved the initial Denton County dark-fiber agreement in April 2000. Council
approved the renewal of the Denton County dark-fiber agreement in 2005. This item was
presented to the Public Utilities Board at their September 10, 2007 regular meeting. The Public
Utilities Board recommends approval 6-0.
FISCAL INFORMATION
The total revenue that DME is expected to receive under both Agreements is $217,056.
The ten year Agreement is for two locations @ $1680.80 per month for a total contract value
of $201,696.
The two year Agreement is for one location @ $640.00 per month for a total contract value
of $15,360.
EXHIBITS
1.Ordinance
2.Interlocal Cooperation Agreement – 10 year term
3.PUB Minutes
Respectfully submitted,
Sharon Mays
General Manager
Denton Municipal Electric
Prepared by:
Harry Hettinger
Communications Superintendant
Û¨¸·¾·¬ ï
ORDINANCE NO. 2007-_______
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY
AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY,
TEXAS FOR THE LEASE OF A PORTION OF THE CITY’S DARK FIBER OPTIC
EXCESS CAPACITY FOR A TERM OF TEN YEARS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council, after considering the recommendation for approval
of the Interlocal Cooperation Agreement by the Public Utilities Board; and
WHEREAS, after review of the facts and circumstances regarding the Interlocal
Cooperation Agreement by and between the City of Denton, Texas and Denton County,
Texas, finds and concludes that the lease of the excess capacity dark fiber facilities, from
the City of Denton to Denton County, Texas, for a term of ten (10) years, is fair, and is
done in a nondiscriminatory and non-preferential basis as required by law; and
WHEREAS, the Council determines that the Interlocal Cooperation Agreement is
in the best interests of the citizens of the City of Denton, Texas; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor, or in his absence the Mayor Pro Tem, is hereby
authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement
between the City of Denton, Texas and Denton County, Texas for the lease by the City
of a portion of the dark fiber optic excess capacity owned by the City for a term of ten
(10) years, in accordance with §54.2025 of the Texas Utilities Code, as amended; and
substantially in accordance with the Interlocal Cooperation Agreement which is attached
hereto and incorporated by reference herein.
SECTION 2. That the expenditure of funds as set forth in the Interlocal
Cooperation Agreement is hereby authorized.
SECTION 3. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the_______day of __________________, 2007.
_________________________
PERRY R. McNEILL, MAYOR
1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: _________________________________
2
Û¨¸·¾·¬ î
Û¨¸·¾·¬ î
Û¨¸·¾·¬ í
1DRAFT MINUTES
2PUBLIC UTILITIES BOARD
3September 10, 2007
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
7September 10, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8Center, 901-A Texas Street, Denton, Texas.
9
Present
10: Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines, Randy Robinson and
11Bill Grubbs
12
Absent
13: Phil Gallivan, excused
14
15 Ex Officio Members:
16 George C. Campbell, City Manager, excused
17 Howard Martin, ACM Utilities
18
OPEN MEETING:
19
20
CONSENT AGENDA:
21
22The Public Utilities Board has received background information, staff’s recommendations, and
23has had an opportunity to raise questions regarding these items prior to consideration.
24
251)Consider recommending adoption of an ordinance declaring that a public necessity exists
26and finding that public welfare and convenience requires the taking and acquiring of an
27approximate 1.267 acre sanitary sewer easement located in the John Cheek Survey,
28Abstract No. 227 and being within a parcel of land conveyed to Jeffrey W. Noe and wife,
29Jeanie T. Noe by deed recorded in Volume 2879, Page 544 of the Real Property Records
30of Denton County, Texas; authorizing the City Manager or his designee to make an offer
31to purchase the easement for just compensation, and if such offer is not accepted,
32authorizing the City Attorney, or his designee, to institute the necessary proceedings in
33condemnation in order to acquire the easement.
34
352)Consider recommending adoption of an ordinance declaring that a public necessity exists
36and finding that public welfare and convenience requires the taking and acquiring of an
37approximate 3.932 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
38Abstract No. 329 and being within a parcel of land conveyed to Ronald L. Carter by deed
39recorded in Denton County Clerk File No. 2005-84985 of the Real Property Records of
40Denton County, Texas; authorizing the City Manager or his designee to make an offer to
41purchase the easement for just compensation, and if such offer is not accepted,
42authorizing the City Attorney, or his designee, to institute the necessary proceedings in
43condemnation in order to acquire the easement.
44
453)Consider recommending adoption of an ordinance declaring that a public necessity exists
46and finding that public welfare and convenience requires the taking and acquiring of an
47approximate 3.956 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
48Abstract No. 329 and being within a parcel of land conveyed to Mark Hannah, Jr. by
49deed recorded in Volume 4322, Page 1746 of the Real Property Records of Denton
50County, Texas; authorizing the City Manager or his designee to make an offer to
Public Utilities Board Agenda
September 10, 2007
2 of 2
1purchase the easement for just compensation, and if such offer is not accepted,
2authorizing the City Attorney, or his designee, to institute the necessary proceedings in
3condemnation in order to acquire the easement.
4
54)a) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
6and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
7portion of the City’s dark-fiber optic excess capacity for a term of two years.
8
9b) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
10and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
11portion of the City’s dark-fiber optic excess capacity for a term of ten years.
12
Board Member John Baines moved to approve Items 1 through 4 with a second from
13
Board Member Bill Cheek. The motion was approved by a 6-0 vote.
14
15
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Transportation Operations
ACM:
Howard Martin, 349-8232
SUBJECT
Consider the adoption of an ordinance authorizing the City Manager to execute a lease
agreement with Denton County Transportation Authority for 27 parking spaces located in the
Williams Trade Square; and providing for an effective date. Mobility Committee recommends
approval (2-0).
BACKGROUND
On September 30, 2005 the City of Denton transferred the LINK Public Transportation System
to the Denton County Transportation Authority (DCTA). To maintain current service levels, it is
necessary for DCTA to lease a portion of the Williams Trade Square parking lot. This parking
lot is located east of the Wells Fargo Bank building, north of Mulberry Street and south of
Hickory Street. DCTA has leased this property for the past two years and operated their central
transfer station, Connect Central, for the bus system from this location.
The original lease entered into in October 2005 provided for a one-year primary term with an
option to renew for an additional one-year term. The current lease will expire on September 30,
2007. The proposed lease calls for a one-year term with two, one-year options to extend the
leasehold. Staff anticipates that the new Downtown Denton Transit Center will be completed
within the current lease terms and at such time Connect Central will be relocated. Each party has
the opportunity to terminate the agreement upon providing a 90-day written notice to the other
party.
PRIOR ACTION/REVIEW
The Mobility Committee recommends approval, 2-0. The City Attorney’s Office has reviewed
and approved lease.
SCHEDULE
The DCTA Board will consider the proposed lease at their September 27, 2007 meeting. If
approved by both entities, the proposed lease will take effect on October 1, 2007 and extend
through September 30, 2008. The primary lease may be extended for two additional one-year
terms through September 30, 2010.
FISCAL INFORMATION
The proposed lease states 27 parking spaces will be leased at $17.50 each, per month. This will
result in an annual rent payment of $5,670 for FY 2008.
EXHIBITS
1.Ordinance
2.Lease Agreement
3.Draft Mobility Committee Minutes, August 28, 2007
Respectfully submitted:
Mark Nelson, Chief Transportation Officer
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ î
Û¨¸·¾·¬ í
1
2
DRAFT MINUTES
3
City Council Mobility Committee
4
Tuesday, August 28, 2007
5
6
7
After determining that a quorum of the Mobility Committee of the Denton City Council was
8
present, the Chair of the Committee on the Mobility convened into a meeting on Tuesday,
9
August 28, 2007 at 2:00 p.m. in the City Council work session room, 215 E. McKinney Street,
10
Denton, Texas.
11
12
Present:
Chair Pete Kamp, Council Member Bob Montgomery
13
14
Absent:
Mayor Perry McNeill, excused
15
16
Also Present:
Jim Coulter, Director Water Utilities
17
Mark Nelson, Chief Transportation Officer
18
Frank Payne, City Engineer
19
Tim Whitman, Airport Manager
20
Bud Vokoun, Traffic Engineer
21
Ron Menguita, Planner III
22
Jack Smith, Krum City Administrator
23
John Polster, ITS
24
Steve Stone, Citizen and Realtor
25
Ann Forsythe, Coordinator Boards and Committees
26
27
28
5)Receive a report, hold a discussion and make a recommendation on a DCTA Lease
29
Agreement for the Williams Trade Square for the provision of public transportation services.
30
31
Mark Nelson presented this item stating this is an extension of an existing agreement the City
32
signed in 2005 with the option to renew for an additional one-year term. The proposed new
33
lease calls for a one-year term with two, one-year options to extend the leasehold. The reason
34
for the two-year term was that DCTA was looking at realignment of its routes and it now appears
35
that DCTA will continue to use Williams Trade Square as the central transfer station and, when
36
the downtown transit facility is completed, will move its operation over there.
37
38
Member Montgomery stated that the original deed to the City contained deed restrictions as to
39
how that property should be used and did it say anything about a bus terminal. Nelson replied
40
staff had met with the City Attorney and that DCTA met the requirement of a facility for public
41
use.
42
43
Chair Kamp moved to approve with a second from Council Member Montgomery. The
44
motion was approved by a 2-0 vote.
45
46
The meeting was adjourned by consensus at 3:08 p.m.
47
48
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Wastewater
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance declaring that a public necessity exists and finding that public
welfare and convenience requires the taking and acquiring of an approximate 1.267 acre sanitary
sewer easement located in the John Cheek Survey, Abstract No. 227 and being within a parcel of
land conveyed to Jeffrey W. Noe and wife, Jeanie T. Noe by deed recorded in Volume 2879,
Page 544 of the Real Property Records of Denton County, Texas; authorizing the City Manager
or his designee to make an offer to purchase the easement for just compensation, and if such
offer is not accepted, authorizing the City Attorney, or his designee, to institute the necessary
proceedings in condemnation in order to acquire the easement. The Public Utilities Board
recommends approval (6-0.)
BACKGROUND
The subject sanitary sewer easement acquisition is a component part of the lands rights necessary
for the Phase II construction of the Clear Creek Sanitary Sewer Interceptor Project. To date,
there has been no substantive progress in negotiations with the affected property owners for the
1.267 acre sanitary sewer easement. An independent appraisal was commissioned to establish
the offer amount to purchase the easement. An offer was tendered to the property owners based
on the appraiser’s findings and they continue to be non-responsive. The property owners are not
motivated to transact. It is in the public’s best interests to conclude this matter expeditiously.
RECOMMENDATION
Staff recommends approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Endorsed by the Public Utilities Board on September 10, 2007.
FISCAL INFORMATION
The appraisal report indicates the total compensation for the subject easement to be $22,806.
The Noe parent tract comprises 92.705 acres overall, the appraiser indicating a $20,000 per acre
basis. The 1.267 acre easement tract was valued at 90% of fee value because the property
owners retain only limited rights to the easement surface.
EXHIBITS
1.Location Map
2.Site Map
3.PUB meeting minutes
4.Ordinance
Respectfully submitted,
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
Prepared by
Paul Williamson
Real Estate Manager
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ðíùûèóíîïûì
Û¨¸·¾·¬ î
Û¨¸·¾·¬ í
1DRAFT MINUTES
2PUBLIC UTILITIES BOARD
3September 10, 2007
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
7September 10, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8Center, 901-A Texas Street, Denton, Texas.
9
Present
10: Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines, Randy Robinson and
11Bill Grubbs
12
Absent
13: Phil Gallivan, excused
14
15 Ex Officio Members:
16 George C. Campbell, City Manager, excused
17 Howard Martin, ACM Utilities
18
OPEN MEETING:
19
20
CONSENT AGENDA:
21
22The Public Utilities Board has received background information, staff’s recommendations, and
23has had an opportunity to raise questions regarding these items prior to consideration.
24
251)Consider recommending adoption of an ordinance declaring that a public necessity exists
26and finding that public welfare and convenience requires the taking and acquiring of an
27approximate 1.267 acre sanitary sewer easement located in the John Cheek Survey,
28Abstract No. 227 and being within a parcel of land conveyed to Jeffrey W. Noe and wife,
29Jeanie T. Noe by deed recorded in Volume 2879, Page 544 of the Real Property Records
30of Denton County, Texas; authorizing the City Manager or his designee to make an offer
31to purchase the easement for just compensation, and if such offer is not accepted,
32authorizing the City Attorney, or his designee, to institute the necessary proceedings in
33condemnation in order to acquire the easement.
34
352)Consider recommending adoption of an ordinance declaring that a public necessity exists
36and finding that public welfare and convenience requires the taking and acquiring of an
37approximate 3.932 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
38Abstract No. 329 and being within a parcel of land conveyed to Ronald L. Carter by deed
39recorded in Denton County Clerk File No. 2005-84985 of the Real Property Records of
40Denton County, Texas; authorizing the City Manager or his designee to make an offer to
41purchase the easement for just compensation, and if such offer is not accepted,
42authorizing the City Attorney, or his designee, to institute the necessary proceedings in
43condemnation in order to acquire the easement.
44
453)Consider recommending adoption of an ordinance declaring that a public necessity exists
46and finding that public welfare and convenience requires the taking and acquiring of an
47approximate 3.956 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
48Abstract No. 329 and being within a parcel of land conveyed to Mark Hannah, Jr. by
49deed recorded in Volume 4322, Page 1746 of the Real Property Records of Denton
50County, Texas; authorizing the City Manager or his designee to make an offer to
Public Utilities Board Agenda
September 10, 2007
2 of 2
1purchase the easement for just compensation, and if such offer is not accepted,
2authorizing the City Attorney, or his designee, to institute the necessary proceedings in
3condemnation in order to acquire the easement.
4
54)a) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
6and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
7portion of the City’s dark-fiber optic excess capacity for a term of two years.
8
9b) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
10and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
11portion of the City’s dark-fiber optic excess capacity for a term of ten years.
12
Board Member John Baines moved to approve Items 1 through 4 with a second from
13
Board Member Bill Cheek. The motion was approved by a 6-0 vote.
14
15
16
The meeting was adjourned by consensus at 10:48 a.m.
Û¨¸·¾·¬ ì
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Wastewater
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance declaring that a public necessity exists and finding that public
welfare and convenience requires the taking and acquiring of an approximate 3.932 acre sanitary
sewer easement located in the Jonathan Douthitt Survey, Abstract No. 329 and being within a
parcel of land conveyed to Ronald L. Carter by deed recorded in Denton County Clerk File No.
2005-84985 of the Real Property Records of Denton County, Texas; authorizing the City
Manager or his designee to make an offer to purchase the easement for just compensation, and if
such offer is not accepted, authorizing the City Attorney, or his designee, to institute the
necessary proceedings in condemnation in order to acquire the easement. The Public Utilities
Board recommends approval (6-0.)
BACKGROUND
The subject sanitary sewer easement acquisition is a component part of the lands rights necessary
for the Phase II construction of the Clear Creek Sanitary Sewer Interceptor Project. To date,
there has been no substantive progress in negotiations with the affected property owner for the
3.932 acre sanitary sewer easement. An independent appraisal was commissioned to establish
the offer amount to purchase the easement. An offer was tendered to the property owner based
on the appraiser’s findings and he continues to be non-responsive. The property owner is not
motivated to transact. It is in the public’s best interests to conclude this matter expeditiously.
RECOMMENDATION
Staff recommends approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Endorsed by the Public Utilities Board on September 10, 2007.
FISCAL INFORMATION
The appraisal report indicates the total compensation for the subject easement to be $38,927.
The Ron Carter parent tract comprises 530.770 acre overall, the appraiser indicating an $11,000
per acre basis. The 3.932 acre easement tract was valued at 90% of fee value because the
property owner retains only limited rights to the easement surface.
EXHIBITS
1.Location Map
2.Site Map
3.PUB meeting minutes
4.Ordinance
Respectfully submitted,
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
Prepared by
Paul Williamson
Real Estate Manager
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ î
Û¨¸·¾·¬ í
1DRAFT MINUTES
2PUBLIC UTILITIES BOARD
3September 10, 2007
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
7September 10, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8Center, 901-A Texas Street, Denton, Texas.
9
Present
10: Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines, Randy Robinson and
11Bill Grubbs
12
Absent
13: Phil Gallivan, excused
14
15 Ex Officio Members:
16 George C. Campbell, City Manager, excused
17 Howard Martin, ACM Utilities
18
OPEN MEETING:
19
20
CONSENT AGENDA:
21
22The Public Utilities Board has received background information, staff’s recommendations, and
23has had an opportunity to raise questions regarding these items prior to consideration.
24
251)Consider recommending adoption of an ordinance declaring that a public necessity exists
26and finding that public welfare and convenience requires the taking and acquiring of an
27approximate 1.267 acre sanitary sewer easement located in the John Cheek Survey,
28Abstract No. 227 and being within a parcel of land conveyed to Jeffrey W. Noe and wife,
29Jeanie T. Noe by deed recorded in Volume 2879, Page 544 of the Real Property Records
30of Denton County, Texas; authorizing the City Manager or his designee to make an offer
31to purchase the easement for just compensation, and if such offer is not accepted,
32authorizing the City Attorney, or his designee, to institute the necessary proceedings in
33condemnation in order to acquire the easement.
34
352)Consider recommending adoption of an ordinance declaring that a public necessity exists
36and finding that public welfare and convenience requires the taking and acquiring of an
37approximate 3.932 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
38Abstract No. 329 and being within a parcel of land conveyed to Ronald L. Carter by deed
39recorded in Denton County Clerk File No. 2005-84985 of the Real Property Records of
40Denton County, Texas; authorizing the City Manager or his designee to make an offer to
41purchase the easement for just compensation, and if such offer is not accepted,
42authorizing the City Attorney, or his designee, to institute the necessary proceedings in
43condemnation in order to acquire the easement.
44
453)Consider recommending adoption of an ordinance declaring that a public necessity exists
46and finding that public welfare and convenience requires the taking and acquiring of an
47approximate 3.956 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
48Abstract No. 329 and being within a parcel of land conveyed to Mark Hannah, Jr. by
49deed recorded in Volume 4322, Page 1746 of the Real Property Records of Denton
50County, Texas; authorizing the City Manager or his designee to make an offer to
Public Utilities Board Agenda
September 10, 2007
2 of 2
1purchase the easement for just compensation, and if such offer is not accepted,
2authorizing the City Attorney, or his designee, to institute the necessary proceedings in
3condemnation in order to acquire the easement.
4
54)a) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
6and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
7portion of the City’s dark-fiber optic excess capacity for a term of two years.
8
9b) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
10and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
11portion of the City’s dark-fiber optic excess capacity for a term of ten years.
12
Board Member John Baines moved to approve Items 1 through 4 with a second from
13
Board Member Bill Cheek. The motion was approved by a 6-0 vote.
14
15
16
The meeting was adjourned by consensus at 10:48 a.m.
Û¨¸·¾·¬ ì
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Wastewater
ACM:
Howard Martin, 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance declaring that a public necessity exists and finding that public
welfare and convenience requires the taking and acquiring of an approximate 3.956 acre sanitary
sewer easement located in the Jonathan Douthitt Survey, Abstract No. 329 and being within a
parcel of land conveyed to Mark Hannah, Jr. by deed recorded in Volume 4322, Page 1746 of the
Real Property Records of Denton County, Texas; authorizing the City Manager or his designee
to make an offer to purchase the easement for just compensation, and if such offer is not
accepted, authorizing the City Attorney, or his designee, to institute the necessary proceedings in
condemnation in order to acquire the easement. The Public Utilities Board recommends
approval(6-0.)
BACKGROUND
The subject sanitary sewer easement acquisition is a component part of the lands rights necessary
for the Phase II construction of the Clear Creek Sanitary Sewer Interceptor Project. To date,
there has been no substantive progress in negotiations with the affected property owner for the
3.956 acre sanitary sewer easement. An independent appraisal was commissioned to establish
the offer amount to purchase the easement. An offer was tendered to the property owner based
on the appraiser’s findings and he continues to be non-responsive. The property owner is not
motivated to transact. It is in the public’s best interests to conclude this matter expeditiously.
RECOMMENDATION
Staff recommends approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Endorsed by the Public Utilities Board on September 10, 2007.
FISCAL INFORMATION
The appraisal report indicates the total compensation for the subject easement to be $39,164.
The Mark Hannah parent tract comprises 240.410 acres overall, the appraiser indicating an
$11,000 per acre basis. The 3.956 acre easement tract was valued at 90% of fee value because
the property owner retains only limited rights to the easement surface.
EXHIBITS
1.Location Map
2.Site Map
3.PUB meeting minutes
4.Ordinance
Respectfully submitted,
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
Prepared by
Paul Williamson
Real Estate Manager
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ î
Û¨¸·¾·¬ í
1DRAFT MINUTES
2PUBLIC UTILITIES BOARD
3September 10, 2007
4
5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday,
7September 10, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton Service
8Center, 901-A Texas Street, Denton, Texas.
9
Present
10: Chair Charldean Newell, Dick Smith, Bill Cheek, John Baines, Randy Robinson and
11Bill Grubbs
12
Absent
13: Phil Gallivan, excused
14
15 Ex Officio Members:
16 George C. Campbell, City Manager, excused
17 Howard Martin, ACM Utilities
18
OPEN MEETING:
19
20
CONSENT AGENDA:
21
22The Public Utilities Board has received background information, staff’s recommendations, and
23has had an opportunity to raise questions regarding these items prior to consideration.
24
251)Consider recommending adoption of an ordinance declaring that a public necessity exists
26and finding that public welfare and convenience requires the taking and acquiring of an
27approximate 1.267 acre sanitary sewer easement located in the John Cheek Survey,
28Abstract No. 227 and being within a parcel of land conveyed to Jeffrey W. Noe and wife,
29Jeanie T. Noe by deed recorded in Volume 2879, Page 544 of the Real Property Records
30of Denton County, Texas; authorizing the City Manager or his designee to make an offer
31to purchase the easement for just compensation, and if such offer is not accepted,
32authorizing the City Attorney, or his designee, to institute the necessary proceedings in
33condemnation in order to acquire the easement.
34
352)Consider recommending adoption of an ordinance declaring that a public necessity exists
36and finding that public welfare and convenience requires the taking and acquiring of an
37approximate 3.932 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
38Abstract No. 329 and being within a parcel of land conveyed to Ronald L. Carter by deed
39recorded in Denton County Clerk File No. 2005-84985 of the Real Property Records of
40Denton County, Texas; authorizing the City Manager or his designee to make an offer to
41purchase the easement for just compensation, and if such offer is not accepted,
42authorizing the City Attorney, or his designee, to institute the necessary proceedings in
43condemnation in order to acquire the easement.
44
453)Consider recommending adoption of an ordinance declaring that a public necessity exists
46and finding that public welfare and convenience requires the taking and acquiring of an
47approximate 3.956 acre sanitary sewer easement located in the Jonathan Douthitt Survey,
48Abstract No. 329 and being within a parcel of land conveyed to Mark Hannah, Jr. by
49deed recorded in Volume 4322, Page 1746 of the Real Property Records of Denton
50County, Texas; authorizing the City Manager or his designee to make an offer to
Public Utilities Board Agenda
September 10, 2007
2 of 2
1purchase the easement for just compensation, and if such offer is not accepted,
2authorizing the City Attorney, or his designee, to institute the necessary proceedings in
3condemnation in order to acquire the easement.
4
54)a) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
6and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
7portion of the City’s dark-fiber optic excess capacity for a term of two years.
8
9b) Consider recommendation for approval of an “Interlocal Cooperation Agreement By
10and Between the City of Denton, Texas and Denton County, Texas” for the lease of a
11portion of the City’s dark-fiber optic excess capacity for a term of ten years.
12
Board Member John Baines moved to approve Items 1 through 4 with a second from
13
Board Member Bill Cheek. The motion was approved by a 6-0 vote.
14
15
16
The meeting was adjourned by consensus at 10:48 a.m.
Û¨¸·¾·¬ ì
AGENDA INFORMATION SHEET
AGENDA DATE: September 18, 2007
DEPARTMENT: Parks and Recreation
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, naming the soccer building at
North Lakes, and declaring an effective date. (Parks, Recreation and Beautification Board
recommends approval with a vote of 4-0).
BACKGROUND
A request has been made by Denton Youth Soccer Association to name the building they built in
North Lakes Park after retiring president, Jane Malone. Ms. Malone has served as president of
the Denton Youth Soccer Association for over 20 years, and had been a support of sports in
general. A committee was selected at the June 4, 2007 Parks, Recreation and Beautification
Board meeting to review the request and make a recommendation to the entire Board. The
committee’s recommendations were brought forward as an action item at the August 6, 2007,
Parks Board meeting, at which time the Park Board voted 4-0 to approve the building naming,
and to forward their recommendation to City Council.
Since the building was built completely with funds from the Denton Soccer Association, the
naming is in accordance with the current Parks naming policy, Section 2. Article d.
OPTIONS
City Council may approve the building naming recommended by the Parks, Recreation and
Beautification Board, select a different name, or request the Parks, Recreation and Beautification
Board submit an alternative name.
RECOMMENDATION
Staff recommends Council approve the Parks, Recreation and Beautification Board
recommendation.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Parks, Recreation and Beautification Board recommended approval of this name change at a
meeting on August 6, 2007 with a vote of 4-0.
FISCAL INFORMATION
None
EXHIBITS
1.Ordinance
2.Parks and Recreation Naming Policy
3.Parks, Recreation and Beautification Board Meeting Minutes of August 6, 2007
Respectfully submitted,
Emerson Vorel
Director of Parks and Recreation
Prepared by:
Mary Aukerman
Management Assistant to the Director
Parks and Recreation
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ î
Park and Facilities
Naming Policy
1. Purpose:
a) Establish general guidelines and procedures for the naming of parks and recreation
facilities.
b) Provide name identification for individual parks.
c) Provide name identification wherever appropriate for special buildings, structures,
facilities, areas/gardens.
d) Provide for citizen input into the process of naming parks and facilities as
enumerated above.
e) Insure control of the naming of parks and facilities by the Parks and Recreation
Department and City Council through the recommendations of the Parks and
Recreation Board.
2. General Guidelines:
a) Park property may be named after streets, geographical locations, historical figures,
events, concepts, or local, State or National leaders. Park property may also be
named for individuals or groups where major donations of land, funds or other
exceptional contributions toward the development, maintenance and/or operation of
a park or facility have been made by the nominated individual or group.
b) With the exception of major donations, parks and recreation facilities shall not be
named for living persons. In cases involving the names of local community leaders,
the following guidelines shall apply:
1) the nominated individual shall have made exceptional contributions to Denton
parks and recreation and/or the community;
2) there shall be a clear and demonstrated consensus for the nominated name.
c) Parts or areas within a park or recreation facility may be given a name which is
different than the park or building. Such parts or areas may include (but are not to
limited to) gardens, playgrounds, athletic fields, structures, swimming pools and
meeting rooms. Names for such facilities shall be established by the same guidelines
and procedures applied to parks and buildings.
d) The naming of a park, a facility or parts of a park or facility shall not be accepted as a
condition of donation, unless the value of the donation exceeds $15,000 or 51% of
the total project cost, whichever is greater. Improvements valued at less than
$15,000 will not be affixed with names.
e) Once a name has been established, the Director of Parks and Recreation will be
responsible for the installation of appropriate signage and markers within a
reasonable time.
f) Contributions which do not merit naming and which are valued at less than $15,000
and comprise less than 51% of the project cost may be recognized. Gifts which are
valued at greater than $500 and comprise at least 25% of the project cost may be
recognized by plaque or marker. At the request of the donor, the Parks and
Recreation Department will provide the plaque or marker for contributions of $2,500
or greater. Such recognition for contribution of less than $2,500 must be provided by
the donor. All plaques and markers shall meet the specifications of the Parks and
Recreation Department.
Should a recognition plaque or marker require replacement, such replacement shall
be the responsibility of the original provider of the marker or plaque.
3. Name Changes:
a) Requests for name changes may be considered by the Parks and Recreation Board.
The aforementioned guidelines for naming a park or facility shall generally apply to
name changes.
b) In reviewing a request for a name change, the Board will give special consideration
to any legal agreements or authorized written promises which were made when the
original name was established.
c) If a change is requested in the name of an existing park or facility, such request will
not be acted upon by the Board until a sign stating the request has been posted on
the affected property for a period of 45 days. The sign should direct comments to the
Director of the Parks and Recreation Department.
4. Procedures:
a) Names for new parks shall typically be established within 90 days from the date of
land acquisition. The name of new buildings shall be established prior to the
completion of construction. Names for parts or areas of parks and facilities may be
established at any time.
b) The chairman of the Parks and Recreation Board shall name a committee that will be
responsible for recommending a name for all park lands and facilities to the Board.
c) The committee shall be responsible for research, study, and recommendation of a
proposed name to the Board. Rationale for the selection of the recommended name
shall be given in writing. Any recommendation which involves the name of a person
shall include the following:
a biographical or informational sketch;
rationale supporting the nomination;
the name(s) of the person(s) or supporting group(s) responsible for the
nomination.
d) The Parks and Recreation Board shall approve or disapprove of the name
recommended by the committee.
e) If the committee's recommendation is disapproved by the Board, then the matter may
be referred back to the committee for further action.
f) All recommended names for such facilities must be approved by a majority vote of
the members of the Parks and Recreation Board.
g) Upon approval, the recommended name shall be forwarded to the City Council for
their consideration and final decision.
F:\admin\ADVISORY BOARD\Park and Facilities Naming Policy -6048.doc
Û¨¸·¾·¬ í
1DRAFT
2
Parks, Recreation and Beautification Board
3
Minutes
4
5August 6, 2007
6Civic Center Conference Room
7
8
Members present: Teresa Andress, Dale Conway, Reggie Heard, Jo Kuhn
9
Members absent: Carol Brantley, Allyson Coe, Ross Richardson
10
Staff present: Emerson Vorel, Amanda Green, Bob Tickner, John Whitmore, Janie McLeod and Mary
11
Aukerman
12
13
Chairwoman Teresa Andress called the meeting to order at 6:00 p.m.
14
15
AWARDS AND RECOGNITIONS:
16
Teresa Andress attended her last meeting as a board member and was honored with a plaque
17
commemorating her dedicated service to the Park Board from 2000-2007.
18
John Whitmore was recognized for NRPA electing him President Elect of their National Aquatic
19
Branch.
20
21
APPROVAL OF MINUTES OF July 2, 2007 MEETING:
Minutes will stand as written.
22
23
ACTION ITEMS:
24
Consider a request to sell alcoholic beverages at the Thin Line Film Fest
a) – The Thin Line Film Fest
25
will hold its first film fest in Denton, featuring first-run documentaries, and is requesting to sell
26
alcoholic beverages at the Civic Center and Quakertown Park. The Art Council contributed funds to
27
the festival and the University of North Texas is helping them. Janie McLeod pointed out that it is a
28
first time event.
29
30
Previously, the Board had requested that items requesting the sale of alcoholic beverages be
31
submitted with a contingency that all pertinent documentation be obtained before it goes to Council.
32
After researching the process, Emerson advised the Board that there is a process that must take place
33
before TABC will issue the permit. The procedure is that the item has to be approved by the Board
34
first, it then goes to Council for approval and, once approved, the Police Department sends a letter to
35
TABC stating that all City requirements have been met, only then TABC will issue the permit to the
36
vendor. Consequently, the contingency will not be placed on future alcoholic beverage requests.
37
38 be the sole
MOTION:
Jo made a motion to recommend to Council that Texas Filmmakers Inc,
39participant to sell alcohol at the Thin Line Film Fest sponsored by Texas Filmmakers. Reggie
40
seconded the motion. Without further discussion, the Board passed the motion with a vote of 4-0.
41
42
Consider a request to name the North Lakes Soccer Building
b)– The Denton Youth Soccer
43
Association (DYSA) requests that the soccer building they built at North Lakes Soccer complex be
44
named in honor of retiring president, Jane Malone. The committee assigned to review the request
45
made recommendation at the July meeting to accept the request as presented. Emerson pointed out
46
that Parks staff will approve the proposed plaque that will be affixed to the building in honor of her.
47
48
MOTION:
Dale made a motion to recommend to Council that the Denton Youth Soccer Association
49
(DYSA) name the North Lakes Soccer Building to honor Jane Malone. Reggie seconded the motion.
50
The Board passed the motion with a vote of 4-0.
51
August 2007
1
DISCUSSION ITEMS:
2
No discussion items were on the agenda.
3
4
DIRECTOR’S REPORT
5
Senior Center Feasibility Study
PROJECT STATUS REPORT
– . The next public meeting was moved
thth
6
from August 8 to August 29 at 6:30 p.m. At that meeting Brown, Reynolds, Watford, Inc. Dallas will
7
discuss several conceptual plans and gather more information. A presentation is scheduled to the Park
8
Board in October.
9
10
Avondale Park Bridge Project –
The park project is going through internal processing and planned to bid
11
in the fall of 2007.
12
13
Unicorn Lake Trail and Landscape Project –
This project is now at the Dallas office of TXDOT for
14
review. It is proposed that construction will start in January 2008.
15
16
MLK Kitchen Renovation –
The project is proposed to be complete in time to cook Thanksgiving dinner.
17
Bids for a plumber are expected and then the project will move quickly. MEP plans are being prepared.
18
19
As a side note, a donation of funds to purchase a suitable picture of Dr. King has been obtained by
20
Councilmember Heggins. The picture will be reviewed by staff because the policy for placing public art
21
has not completed the approval process.
22
23
Cedar Street Streetscape Project
– The project has begun and will take one block at a time, as the work is
24
both above and below ground. All the stars in the sidewalk front of the community theater will have to be
25
manually removed and replaced in the new sidewalk. The goal is to have all sidewalks meet ADA
26
requirements. It should take 4 to 5 months to process.
27
28
Briercliff Park Design and Development Project
– Consultants have been interviewed and are waiting
29
for approval of the final candidate. Teresa asked who will use the park since the area is now being built up
30
commercially and Briercliff subdivision is disappearing. Bob stated that the surrounding areas like Wind
31
River and Summit Oaks will be able to use the park and that it will connect to the new Unicorn Lake Trail.
32
33KEEP DENTON BEAUTIFUL
34
Director’s Report
– No discussion.
35
36
ADDITIONAL BUSINESS:
37
It was announced that Jennifer Wages, a long time member of the Park Foundation, has been named to
38
replace Teresa. John gave an overview of Jennifer’s participation with the Park Foundation and staff feels
39
she will be a good fit.
40
41
Teresa made a recommendation that the Board pick a new chairperson, someone that has been on the Board
42
for a while and who is regular in attendance. Reggie nominated Jo and Teresa seconded the motion. The
43
nomination will be carried to the next meeting. As Vice Chair, Jo will facilitate the next meeting.
44
45
ITEMS FOR UPCOMING MEETINGS:
46
Election of new Chairperson
47
Fee Schedule – Action Item in September
48
Public Art Policy – Action Item in September
49
50adjourned the
There being no further business, Teresa meeting at 6:36 p.m.
August 2007
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Economic Development/Downtown Development
CM:
George Campbell, City Manager
SUBJECT
HOLD A PUBLIC HEARING AND CONSIDER AN ORDINANCE OF THE CITY OF
DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 2044 WEST OAK
STREET AS A HISTORIC LANDMARK UNDER SECTION 35.7.6, OF THE DENTON
DEVELOPMENT CODE ; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
(Historic Landmark Commission recommends approval 7-0; P & Z recommends approval 4-0.)
.
Public hearing notices returned: 5 in favor.)
BACKGROUND
Applicant: Elise Ridenour and Steven Friedson Denton, Texas
th
Built in the late 19 century, this Colonial Revival bungalow was owned by the Craddock
family, who owned a saloon on the south side of the square in the late 1800s. Mr. Craddock’s
son, Francis, later owned and operated a grocery store just south of the square on Elm Street
(where Dusty’s bar is currently located) and Francis Craddock, Jr. served two terms as a City
Commissioner in the late 1920s and early 1930s. Like many other houses in this neighborhood,
this house was owned for many years by some of Denton’s early community leaders.
Section 35.7.6 of the Denton Development Code provides for the designations of landmarks.
The property at 2044 West Oak has been submitted under the following criteria:
1.Character, interest or value as part of the development, heritage or cultural characteristics
of the City of Denton, State of Texas or the United States.
2.Embodiment of distinguishing characteristics of an architectural type or specimen.
3.Exemplification of the cultural, economic, social, ethnic or historical heritage of the City,
State or United States.
Identification with a person or persons who significantly contributed to the culture and
4.
development of the City, State, or United States.
5.Value as an aspect of community sentiment or public pride.
The structure clearly meets several of the criteria and has sufficient data for consideration as a
Historic Landmark.
1
RECOMMENDATION
The Historic Landmark Commission recommends approval 7-0; Planning and Zoning
Commission recommends approval 4-0.
PRIOR ACTION/REVIEW
May 14, 2007—Historic Landmark Commission held a public hearing to review the application
for 2044 West Oak Street to determine eligibility for Historic Landmark designation under
Section 35.7.6 of the Denton Development Code and determined that the property was eligible
for designation (7-0).
July 25, 2007—The Planning and Zoning Commission held a public hearing to determine
eligibility for Historic Landmark designation under Section 35.7.6 of the Code of Ordinances
and determined that the property was eligible for designation (4-0).
FISCAL IMPACT
Under Section 35.7.6 owners of local historic landmarks may apply for a 50% city tax abatement
for a period of 15 years. The property and improvements are currently valued at approximately
$157,307. At the current tax rate, the annual city tax abatement would be $492.78.
ATTACHMENTS
1.Application for historic designation
2.Map of site
3.Excerpt of minutes from HLC May 14, 2007 meeting
4.Excerpt of minutes from Planning and Zoning July 25, 2007 meeting
Prepared by:
___________________
Julie Glover
Downtown Development Manager
Respectfully submitted:
__________________________
Linda Ratliff
Director of Economic Development
2
500FT
200FT
SITE
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2044WestOakStreet
NottoScale
City of Denton
Historic Landmark Commission
Minutes
Monday, May 14, 2007
After determining that a quorum was present, the regular meeting of the City of Denton, Historic
Landmark Commission was held in City of Denton City Council Worksession Conference Room,
located at 215 E. McKinney, on Monday, May 14, 2007, at 5:30 p.m.
:
PRESENT Darlene Mullenweg, Ann Hatch, Donna Morris, Diana Hatch, Peggy
Capps, David Wright and Steve Ambuehl
:
STAFF MEMBERS Julie Glover, Historic Preservation Officer/Downtown Development
Manager; and Christina Davis; Administrative Secretary
ABSENT: Thomas Wood
GUESTS: Elise Ridenour and Steven Friedson
1. Call to order
Mullenweg called the meeting to order at 5:33P.M.
2. The Commission considered approval of minutes of the regular meeting of March 12,
2007
Morris made a motion to approve the minutes of March 12, 2007. The motion was seconded
by Ambuehl and carried unanimously (7-0).
3. The Commission reviewed a preliminaryapplication for historic landmark zoning for
2044 W. Oak Street and made a recommendation to applicant.
Staff recommendation: Glover distributed copies of the application. Staff recommended
approval.
Capps made a motion to accept the preliminary application for Historic Landmark Zoning for
2044 W. Oak Street. The motion was seconded by Hatch and carried unanimously (7-0).
4. The Commission held a public hearing and took action on a Historic Landmark Zoning
Petition for 2044 W. Oak Street
Staff recommendation: Staff recommended approval.
Applicants: Elise Ridenour and Steven Friedson summarized their application by giving brief
history on the property.
In Favor: None present.
Opposed: None present.
City of Denton
Historic Landmark Commission
May 14, 2007
Page 2 of 3
Mullenweg closed the public hearing and opened the discussion. The Commission
commended the applicants on submitting such a thorough application and for saving more
than one property in the process.
Capps made a motion to approve the application for Historic Landmark Zoning for 2044 W.
Oak Street. The motion was seconded by Morris and carried unanimously (7-0).
Mullenweg directed staff to get the item on the Planning & Zoning Agenda soon as possible.
The Applicants plan to appear at the Planning & Zoning meeting when their item is heard.
5. The Commission held a discussion on Preservation Month activities
Glover distributed copies of the Historic Buildings of Denton Texas. The self-guided tour
brochure was created by city staff and the Commission. Mullenweg thanked Glover, Davis
and Ambuehl on a job well done. Glover distributed copies of the brochure to four
merchants on the square along with flyers for their windows that said “We are making
preservation work!” Mullenweg updated everyone on preservation month activities starting
with the proclamation ready by Mayor McNeill at the May 1, 2006 City Council meeting
proclaiming May as preservation month. Mullenweg, Morris, and Glover were present.
st
Shortly after the May 1 meeting, a letter was sent to all homeowners in the Oak Hickory
Historic District advising them about the walking tours.
Mullenweg and Capps updated everyone on the walking tours. There have not been many
people, but those who have taken the tour enjoyed it very much.
6. The Commission held a discussion on the educational seminar for Preservation Month
Capps lead discussion on the education seminar to education the public on preservation in
Denton. The seminar will be held in the Commissioners Court in the Historic County
Courthouse on May 25, 2007 starting at 12:15 p.m. The seminar will last approximately 45
minutes and will cover three areas. Morris will cover; what it takes to apply for Historic
Landmark Zoning, Capps will cover; preservation impacts on real estate.
Open discussion about the seminar resulted in the following:
History should be the first subject discussed and Capps will be the person to cover
that subject.
There will not be refreshments as this will be a “brown bag” lunch time seminar.
Suggestions for the best way to advertise for the seminar were in the Dallas Morning
News, Denton Record Chronicle, on the website for the City and Mainstreet and
word-of-mouth and the distribution PECAN group.
Glover is to get the slide show together that was used at another event. The slide
show could run in a “loop” presentation at the entrance.
Mullenweg has Historic Preservation Guide packets to pass out to attendees.
F:\users\JKWALTER\Agendas\September 2007 Agendas\Sept 18, 2007\Backup\4A 2044 W. Oak historic designation\05-14-2007
HLC Minutes.doc
City of Denton
Historic Landmark Commission
May 14, 2007
Page 3 of 3
7. The Commission received the Preservation Officer's report
Glover reported that she had been working with Davis on the driving tour brochure, received
two general maintenance ________________. They were for the properties located at ___
Mount Street and 818 Oak Street. She also assisted Elise Ridenour with her application.
8. Open forum – discussion with no action
There was no discussion.
9. Future agenda items
What is the Commission’s responsibility to the City when items such as the Fry Street
project come up?
Is the commission pro-active or re-active?
Fry Street
PECAN area update
West Oak
9. Adjournment
Mullenweg adjourned the meeting at 6:05 PM.
F:\users\JKWALTER\Agendas\September 2007 Agendas\Sept 18, 2007\Backup\4A 2044 W. Oak historic designation\05-14-2007
HLC Minutes.doc
AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Hold a Public Hearing on a proposal to adopt a tax rate of $0.66652 per $100 valuation, which
will exceed the lower of the rollback rate or the effective tax rate.
BACKGROUND
On August 3, 2007, staff provided Council with a copy of the required notice of effective tax
rate calculation that would be published in the Sunday, August 5, 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 categoriesmaintenance 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
years. This rate
excludes taxes on properties no longer in the taxing unit and also excludes the current taxable
8719/$100
valuation and the rollback rate is $0.66652/$100 valuation.
The Texas Property Tax Code mandates specific publications to be provided by the City. The
e a proposal to adopt the rate
on the agenda of a futurrequires that two public
hearings be held on the proposed tax increase, with the second hearing occurring three to
fourteen days after the first. The proposed 2007-08 budget includes a $0.66652 tax rate, and
exceeds the effective tax rate; therefore, it requires two public hearings, as well as a published
quarter-page notice notifying the public of the hearings, and a published quarter-page notice
before adopting the tax rate (see attached).
The proposed tax rate is $0.04 higher than the current tax rate of $0.62652. Three cents of
this increase is related to debt that was authorized in the 2005 bond program. The remaining
one cent increase is proposed to support the issuance of approximately $7,065,000 in
certificates of obligation for miscellaneous drainage improvements.
Agenda Information Sheet
September 18, 2007
Page 2
ESTIMATED SCHEDULE
8/21/07 Vote to Place Proposal on Future Agenda
9/11/07 Hold First Public Hearing
9/18/07 Hold Second Public Hearing
9/25/07 Adopt Tax Rate
PRIOR ACTION/REVIEW
On August 21, 2007, Council met and discussed placing a proposal on a future agenda to
adopt a 2007 tax rate and calling two public hearings on a tax increase.
FISCAL INFORMATION
The proposed property tax rate is $0.66652/$100 valuation for the 2007-08 Proposed Budget.
EXHIBITS
Notice of Public Hearings
Notice of Vote on Tax Rate
Respectfully submitted:
Bryan Langley
Director of Finance
Published September 2, 2007
NOTICE OF PUBLIC HEARING ON TAX INCREASE
The City of Denton will hold two public hearings on a proposal to increase total tax revenues from properties
The first public hearing will be held on September 11th at 6:30 p.m.at215 E. McKinney, Denton, TX 76201.
The second public hearing will be held on September 18th at 6:30 p.m.at215 E. McKinney, Denton, TX 76201.
The members of the governing body voted on the proposal to consider the tax increase as follows:
FOR the proposal:Mayor Perry McNeill, Mayor Pro Tem Pete Kamp, Deputy Mayor Pro Tem Joe Mulroy,
Council Member Charlye Heggins, Council Member Bob Montgomery,
Council Member Jack Thomson, Council Member Chris Watts.
AGAINST the proposal:
PRESENT and not voting:
ABSENT:
Comparison of Proposed Budget with Last Year's Budget
The applicable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the amount
budgeted for the fiscal year that begins during the current tax year is indicated for each of the following expenditure categories:
7.07%% (Increase) or% (Decrease)
Maintenance and operations
36.94%% (Increase) or% (Decrease)
Debt service
10.41%% (Increase) or% (Decrease)
Total expenditures
Total Appraised Value and Total Taxable Value
calculated under section 26.04, Tax Code
Preceding Tax YearCurrent Tax Year
$$
Total appraised value* of all property 5,844,920,251 6,518,530,250
$$
Total appraised value* of new property** 546,332,114 458,187,659
$$
Total taxable value*** of all property 5,441,228,909 6,089,499,775
$$
Total taxable value*** of new property** 255,219,881 246,507,452
Bonded Indebtedness
138,995,000
Total amount of outstanding and unpaid bonded indebtedness $
Tax Rates
$per $100 in value
Adopted tax rate for the preceding tax year0.62652
$per $100 in value
Proposed tax rate for the current year0.66652
$per $100 in value
Difference in the proposed tax rate and the 0.04000
adopted tax rate for the preceding tax year
% Increase
Percentage increase or decrease in the 6.38%
OR
proposed tax rate and the adopted tax rate
% Decrease
for the preceding tax year0.00%
These tax rate figures are not adjusted for changes in the taxable value of property.
* "Appraised Value" is the amount shown on the appraisal roll and defined by Section 1.04(8), Tax Code.
** "New Property" is defined by Section 26.012(17), Tax Code.
*** "Taxable Value" is defined by Section 1.04(10), Tax Code.
Comparison of Residence Homestead Taxes
Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current tax
year.
Preceding Tax YearCurrent Tax Year
Average residence homestead value$130,395$136,546
Homestead exemption amount for the taxing unit$5,000$5,000
(excluding special exemption for persons 65 years
of age or older or disabled.)
Average taxable value of a residence homestead$125,395$131,546
(excluding special exemptions for person 65 years
of age or older or disabled.)
Comparison of Residence Homestead Taxes
The taxes would have been imposed in the preceding tax year on a residence homestead at the average appraised value (excluding
special exemptions for persons 65 years of age or older or disabled) are estimated to be $785.62. The taxes that would be imposed
in the current tax year on a residence homestead appraised at the average appraised value in the current tax year (excluding
special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are estimated to be
$876.78. The difference between the amount of taxes on the average residence homestead in the current tax year, if the proposed
tax rate is adopted, and the preceding tax year would be an increase of $91.16 in taxes.
Notice to Be Published September 23, 2007
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AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Planning and Development
ACM:
Howard Martin, 349-8232
SUBJECT-
Z07-0016 (Kim Property, West Tract)
Hold a public hearing and consider adopting an ordinance concerning the rezoning of
approximately 3.071 acres from a Neighborhood Residential 2 (NR-2) zoning district to a
Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located on the
southwest corner of Loop 288 and Kings Row. The Planning and Zoning Commission
recommends approval (6-0) of the requested zoning change with an overlay further restricting
allowed uses.
BACKGROUND
Applicant: Spring Brook Planning Group Grapevine, TX
The applicant is requesting a zoning change from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential Mixed Use (NRMU) zoning district on an approximately
3.071-acre tract of land. Zoning changes are being requested for this parcel of land and a parcel
across Loop 288 in an associated case (Z07-0014, Kim Property, East Tract). The two properties
are under common ownership, but are separated by TxDOT right of way (Loop 288) and are not
contiguous.
The Planning and Development Department sent notices of the public hearing (Exhibit 6) to all
residents within 500 feet of the subject property; as of this writing, 5 responses in opposition, and
one response neutral to the proposed development have been received. The applicant held a
neighborhood meeting on July 24, 2007, which was attended by 11 people. Concerns expressed
by those in attendance related to increased traffic in the neighborhood, increased visibility and
accessibility of the area and the possibility of increased crime rates.
OPTIONS
1.Approve as submitted.
2.Deny.
3.Approve subject to conditions.
4.Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0) of this rezoning request with
an overlay further restricting allowed uses to prohibit Multi-Family Dwellings and to provide
access to the property from the south before any development occurs on the subject property.
EXHIBITS
1.Staff Analysis
2.Location Map
3.Existing Zoning Map
4.Proposed Zoning Map
5.Future Land Use Map
6.Notification Information
7.Letter From Applicant
8.Site Photographs
9.Responses to Public Notification
10.Minutes from Planning and Zoning Commission Public Hearing, July 25, 2007
11.Ordinance
Respectfully submitted:
Brian Lockley, AICP
Interim Director, Planning and Development
Prepared by:
Jane Gurney, Planner I
2
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: DATE TO BE CONSIDERED:
Z07-0016September 18, 2007
LOCATION:
The property is located at the southwest corner of Loop 288 and
Kings Row.
APPLICANT:
Spring Brook Planning Group
2405 Mustang Drive
Grapevine, TX 76051
OWNER:
I.K. Kim
5200 Keller Springs, #112
Dallas, TX 75248
REQUEST:
Rezone approximately 3.071 acres from a Neighborhood Residential
2 (NR-2) zoning district to a Neighborhood Residential Mixed Use
(NRMU) zoning district.
RECOMMENDATION:
The Development Review Committee recommends approval of this
zoning change request.
COMPREHENSIVE
Neighborhood Center
PLAN DESIGNATION:
SITE AND
The subject property is located at the southwest corner of Loop 288
SURROUNDINGS:
and Kings Row, and is currently undeveloped.
North:
Neighborhood Residential 4 (NR-4) and Neighborhood Mixed Use;
Deerwood Subdivision and undeveloped land
South:
Community Mixed Use General (CM-G), Neighborhood Residential
4 (NR-4); Kingston Trace Subdivision, undeveloped land
East:
Neighborhood Residential 3 (NR-3); Nazarene Church Addition,
undeveloped land
West:
Neighborhood Residential 4 (NR-4); Loop 288, Kingston Trace
Subdivision
BACKGROUND
Zoning changes are being requested for this parcel of land and a
INFORMATION:
parcel across Loop 288 in an associated case (Z07-0014, Kim
Property, East Tract). The two properties are under common
ownership, but are separated by TxDOT right of way (Loop 288) and
are not contiguous.
A neighborhood meeting was held by the applicant on July 24, 2007;
3
the main concerns from the residents in attendance were the
possibilities of the introduction of multi-family developments to the
area, increases in traffic and increased exposure of the existing
neighborhoods to crime. To address this concern, the applicant
agreed to exclude the possibility of multi-family developments
through the use of an overlay district, and they further agreed to not
develop the property until the adjacent property to the south was
developed in order to minimize the impact on traffic at the
intersection of Kings Row and Loop 288.
ANALYSIS:
Comprehensive Plan
The property is located in an area with a future land use designation
Analysis:
of Neighborhood Center. Neighborhood Centers are described by the
Denton Plan as
Within the undeveloped urban and urbanizing areas of the city, new
neighborhoods may develop in traditional patterns. Mixed-use and
mixed housing types will be allowed to develop in a pattern of
neighborhood centers. These are oriented inwardly, focusing on the
center of the neighborhood. These neighborhoods will exemplify
the interrelationship between quality of development, density,
services and provision for adequate facilities. These developments
should locate the center of the neighborhood within a five to ten
minute walking distance from the edge of the neighborhood. The
center contains uses necessary to support the surrounding
neighborhood. These support uses could include service-oriented
retail such as a small grocery, hair salon, dry cleaner or small
professional offices. Residential uses may occur at higher densities
with townhomes or residential flats above service oriented uses.
Open space occurs in neighborhood centers with park uses
including central neighborhood greens and floodplain preservation.
Civic uses such as fire stations, schools, libraries, and mass
transportation nodes are encouraged to be essential elements of
neighborhood centers as landmarks that are a focus to the
neighborhood. Limited multistory development in the neighborhood
may be developed to incorporate shops on the ground floor and
offices or residences on the upper floors.
The requested zoning change will offer retail sales and services that
are designed to serve the immediate neighborhoods. This proposed
use is consistent with the future land use designation of the subject
property.
Development
The requested zoning district, Neighborhood Residential Mixed Use
Code/Zoning Analysis
(NRMU), is primarily a commercial zoning district which permits
uses designed to support surrounding residential areas. Some
multifamily residential uses are permitted with Specific Use Permits
in NRMU zoning districts, but single family and duplex residential
uses are not permitted. The NR-2 zoning districts permit residential
4
uses including single family homes, but no commercial uses are
permitted. The differences between the existing zoning district, NR-
2, and the requested zoning district, NRMU, are summarized in Table
1. Uses that do not appear in the Table 1 are regulated in the same
manner for both zoning districts.
If the zoning change is granted, the development of the property will
be subject to the general regulations of the Neighborhood Residential
Mixed Use (NRMU) zoning district. The general regulations of the
NRMU zoning district include maximum lot coverage of 80% and
minimum landscaped areas of 20%. The only building setback
requirements in the NRMU zoning district are for side yards (6 feet),
and for yards that abut a single-family use or district. When adjacent
to a single family district, such as NR-3 and NR-4 zoning districts, a
minimum setback of 20 feet is required, with an additional foot of
setback required for every foot of building height over 20 feet. The
maximum building height permitted in the NRMU zoning district is
65 feet.
Table 1. Comparison of permitted uses between NR-2 and NRMU
Zoning Districts.
Use Zoning District
Residential Land Use Categories NR-2 NRMU
(existing) (proposed)
Single Family Dwellings P N
Accessory Dwelling Units SUP/L(1) N
Attached Single Family Dwellings N L(40)
N P
Dwellings Above Businesses
N P
Live/Work Units
N SUP
Group Homes
N SUP/L(4)
Multi-Family Dwellings
SUP N
Manufactured Housing Developments
Commercial Land Use Categories
N P
Hotels
N P
Bed and Breakfast
N L(17)
Retail Sales and Service
N L(11)
Restaurant or Private Club
N SUP
Drive-through Facility
N L(17)
Professional Services and Offices
N SUP
Quick Vehicle Servicing
N P
Laundry Facilities
SUP N
Equestrian Facilities
P SUP
Outdoor Recreation
N L(14)
Administrative or Research Facilities
N L(14)
Broadcasting or Production Studio
Industrial Land Use Categories
N L(21)
Bakeries
L(37) N
Kennels
N P
Veterinary Clinics
Institutional Land Use Categories
5
Community Service N P
Semi-public, Halls, Clubs, and Lodges SUP P
Business/Trade School N L(14)
Adult or Child Day Care SUP P
Kindergarten, Elementary School SUP P
Middle School N P
High School N SUP
Medical Centers N P
Elderly Housing SUP P
Table Legend:
P – Permitted
N – Not permitted
SUP – Specific Use Permit
L(1)
= Accessory dwelling units are permitted, subject to the following
additional criteria:
1.The proposal must conform with the overall maximum lot coverage and
setback requirements of the underlying zone.
2.
The maximum number of accessory dwelling units shall not exceed 1 per
lot.
3.The maximum gross habitable floor area (GHFA) of the accessory
residential structure shall not exceed 50% of the GHFA of the primary
residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot
meets the requirements of L(1).5.
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 GHFA 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(4)
= Multi-family is permitted only:
1.With a Specific Use Permit; or
2.As part of a Mixed-Use Development; or
3.As part of a Master Plan Development, Existing; or
4.If the development received zoning approval allowing multi-family use
within one year prior to the effective date of Ordinance No. _2005-224; or
5.If allowed by a City Council approved neighborhood (small area) plan.
L(11)
= Limited to sit down only, and no drive up service permitted.
Limited to no more than 100 seats and no more than 4,000 square feet of
restaurant area.
L(14)
= Uses are limited to no more than 10,000 square feet of gross
floor area.
L(17)
= Uses are limited to no more than 25,000 square feet of gross
floor area per use, except grocery stores may be larger with approval of
an SUP.
L(21)
= Bakery and bottling areas not to exceed 2,500 square feet. Sales
on premises of products produced required in this zone.
L (37)
= 5-acre minimum land area required and no more than 25
kennels per acre allowed, including indoor and outdoor runs. A
natural buffer strip is required adjacent to any residential use.
6
L (40)
=Limited to a maximum 12 units per acre.
DEPARTMENT AND
The Development Review Committee has reviewed this application.
AGENCY REVIEW:
No issues pertinent to the requested zoning change were identified.
FINDINGS:
The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of
the Denton Development Code require that:
1. The proposed rezoning conforms to the Future Land Use element
of the Denton Plan, and
The requested zoning change conforms to the Future Land Use
designation of the Denton Plan.
2. The proposed rezoning facilitates the adequate provision of
transportation, water, sewers, schools, parks, other public
requirements and public convenience.
Water and wastewater service are available to the subject property.
Access from Loop 288 will not be permitted to the subject property,
and so it is likely that an impact on the traffic patterns on Kings
Row will result with the development of the property. However,
road improvements and sidewalk construction would be required as
a condition of development. As such, the proposed rezoning will
facilitate the adequate provision of transportation, water, and
sewers.
7
EXHIBIT 2
LOCATION MAP
8
EXHIBIT 3
EXISTING ZONING MAP
9
EXHIBIT 4
PROPOSED ZONING MAP
10
EXHIBIT 5
FUTURE LAND USE MAP
11
EXHIBIT 6
NOTIFICATION INFORMATION
Public Notification Date: July 15, 2007
*
200’ Legal Notices sent via Certified Mail: 22
Number of responses to 200’ Legal Notice:
In Opposition: 5
In Favor: 0
Neutral: 1
* - A copy of the notification list is available at City Hall West, 221
, Denton, TX
N. Elm Street
12
EXHIBIT 7
LETTER FROM APPLICANT
13
14
EXHIBIT 8
SITE PHOTOGRAPHS
Photographs taken from Loop 288, looking toward the west.
15
EXHIBIT 9
RESPONSE TO NOTICE OF PUBLIC HEARING
16
17
18
19
20
21
22
23
24
July 24, 2008
Planning and Zoning Commission
215 East McKinney
Denton, Texas
Dear Members of the Commission:
We would like to express our general concerns regarding the proposed rezoning of the
approximately 8.3 acres generally located at the south east and south west intersection of Loop
288 and Kings Row from Neighborhood Residential 2 (NR-2) to Neighborhood Residential
Mixed use (NRMU) by Spring Brook Planning Group and I.K. Kim Trustee’s.
As the rezoning would open the property use to include small scale retail, multiple family
dwellings, grocery stores or offices of less than 25,000sq feet, drive through banks and/or
apartments, we are concerned about added traffic, congestion and noise in the neighborhood.
Many of these options, and others that we may not be aware of, would add “a retail/late
evening/weekend use” atmosphere to our residential, single home area. Traffic and noise
concerns could be at any hour of the day or night depending on the development. The
neighborhood already has enough added road traffic and noise just from Loop 288. We feel
these potential plans would not be compatible with our neighborhood and are therefore not in
favor of the rezoning.
We were unable to attend the Tuesday, July 24, 2007 preplanning meeting and are with our
family in an outing on Wednesday, July 25 during the time of the planning meeting with the city
to personally share our concerns.
We also received today a letter regarding another proposed rezoning of 42 acres located south of
Silver Dome Road, east of Cooper Creek Rd and west of Farris Road to the same NRMU
designation requested by Spring Brook. The proposed relocation of the United Church of God
headquarters would also further impede traffic flow into the area in which our home is located.
One of the main egresses to the Sanctuary/Auditorium would be East Kings Row. Copper Creek
Road is presently not adequate for heavy traffic and would not offer relief to the traffic from
Kings Row. This project would also further congest the traffic flow into the neighborhood.
Kings Row is underdeveloped and to accommodate either of the two rezoning requests would
require the road to be widened to four lanes which would further impede on the neighborhood.
Thank you for your consideration in your review of the rezoning requests.
Sincerely,
Gale and Sharon Dingman
3800 Deer Forest Drive
Denton, Texas 76208
940-898-0488
25
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AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Planning and Development
ACM:
Howard Martin, 349-8232
SUBJECT-
Z07-0014 (Kim Property, East Tract)
Hold a public hearing and consider adopting an ordinance to rezone approximately 5.224 acres
from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed
Use (NRMU) zoning district. The property is located on the southeast corner of Loop 288 and
Kings Row. The Planning and Zoning Commission recommends approval (6-0).
BACKGROUND
Applicant: Spring Brook Planning Group Grapevine, TX
The applicant is requesting a zoning change from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential Mixed Use (NRMU) zoning district on an approximately
5.224-acre tract of land. Zoning changes are being requested for this parcel of land and a parcel
across Loop 288 in an associated case (Z07-0016, Kim Property, West Tract). The two
properties are under common ownership, but are separated by TxDOT right of way (Loop 288)
and are not contiguous.
The Planning and Development Department sent notices of the public hearing (Exhibit 6) to all
residents within 500 feet of the subject property; as of this writing, 5 replies in opposition, and
one neutral to the proposal, have been received. The applicant held a neighborhood meeting on
July 24, 2007, and concerns raised by the residents included the possibility of multi-family
developments being built, increased traffic and increase in the exposure of the area to crime.
The Planning and Zoning Commission held a public hearing on July 25, 2007 and tabled the case
to August 22, 2007 in order to allow staff and the applicant time to provide further information
regarding the transportation measures that would be required at the time of development of this
property if rezoned. The associated case (Z07-0016) was recommended for approval with the
limitations that no multi-family developments would be built, and that the property to the south
would be developed first to provide access to this lot without introducing excessive traffic
through the existing neighborhood.
PRIOR ACTION/REVIEW
The Planning and Zoning Commission held public hearings on July 25, 2007 and August 22,
2007.
OPTIONS
1.Approve as submitted.
2.Deny.
3.Approve subject to conditions.
4.Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0) of this rezoning request.
EXHIBITS
1.Staff Analysis
2.Location Map
3.Existing Zoning Map
4.Proposed Zoning Map
5.Future Land Use Map
6.Notification Information
7.Letter From Applicant
8.Site Photographs
9.Responses to Public Notification
10.Minutes from Planning and Zoning Commission Public Hearing, July 25, 2007
11.Minutes from Planning and Zoning Commission Public Hearing, August 22, 2007
12.Ordinance
Respectfully submitted:
Brian Lockley, AICP
Interim Director, Planning and Development
Prepared by:
Jane Gurney, Planner I
2
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: DATE TO BE CONSIDERED:
Z07-0014September 18, 2007
LOCATION:
The property is located at the southeast corner of Loop 288 and Kings
Row.
APPLICANT:
Spring Brook Planning Group
2405 Mustang Drive
Grapevine, TX 76051
OWNER:
I.K. Kim
5200 Keller Springs, #112
Dallas, TX 75248
REQUEST:
Rezone approximately 5.224 acres from a Neighborhood Residential
2 (NR-2) zoning district to a Neighborhood Residential Mixed Use
(NRMU) zoning district.
RECOMMENDATION:
The Development Review Committee recommends approval of this
zoning change request.
COMPREHENSIVE
Neighborhood Center
PLAN DESIGNATION:
SITE AND
The subject property is located at the southeast corner of Loop 288
SURROUNDINGS:
and Kings Row, and is currently undeveloped.
North:
Neighborhood Residential 3 (NR-3) and Neighborhood Mixed Use
12 (NRMU-12); Deerwood Subdivision and undeveloped land
South:
Community Mixed Use General (CM-G); Undeveloped land
East:
Neighborhood Residential 3 (NR-3); Nazarene Church Addition,
undeveloped land
West:
Neighborhood Residential 4 (NR-4); Loop 288, Kingston Trace
Subdivision
BACKGROUND
Zoning changes are being requested for this parcel of land and a
INFORMATION:
parcel across Loop 288 in an associated case (Z07-0016, Kim
Property, West Tract). The two properties are under common
ownership, but are separated by TxDOT right of way (Loop 288) and
are not contiguous.
A neighborhood meeting was held by the applicant on July 24, 2007;
the main concerns from the residents in attendance were the
3
possibilities of the introduction of multi-family developments to the
area, increases in traffic and increased exposure of the existing
neighborhoods to crime.
The Planning and Zoning Commission recommended approval of
both applications (6-0)
ANALYSIS:
Comprehensive Plan
The property is located in an area with a future land use designation
Analysis:
of Neighborhood Center. Neighborhood Centers are described by the
Denton Plan as
Within the undeveloped urban and urbanizing areas of the city, new
neighborhoods may develop in traditional patterns. Mixed-use and
mixed housing types will be allowed to develop in a pattern of
neighborhood centers. These are oriented inwardly, focusing on the
center of the neighborhood. These neighborhoods will exemplify
the interrelationship between quality of development, density,
services and provision for adequate facilities. These developments
should locate the center of the neighborhood within a five to ten
minute walking distance from the edge of the neighborhood. The
center contains uses necessary to support the surrounding
neighborhood. These support uses could include service-oriented
retail such as a small grocery, hair salon, dry cleaner or small
professional offices. Residential uses may occur at higher densities
with townhomes or residential flats above service oriented uses.
Open space occurs in neighborhood centers with park uses
including central neighborhood greens and floodplain preservation.
Civic uses such as fire stations, schools, libraries, and mass
transportation nodes are encouraged to be essential elements of
neighborhood centers as landmarks that are a focus to the
neighborhood. Limited multistory development in the neighborhood
may be developed to incorporate shops on the ground floor and
offices or residences on the upper floors.
The requested zoning change will offer retail sales and services that
are designed to serve the immediate neighborhoods. This proposed
use is consistent with the future land use designation of the subject
property.
Development
The requested zoning district, Neighborhood Residential Mixed Use
Code/Zoning Analysis
(NRMU), is primarily a commercial zoning district which permits
uses designed to support surrounding residential areas. Some
multifamily residential uses are permitted with Specific Use Permits
in NRMU zoning districts, but single family and duplex residential
uses are not permitted. The NR-2 zoning districts permit residential
uses including single family homes, but no commercial uses are
permitted. The differences between the existing zoning district, NR-
2, and the requested zoning district, NRMU, are summarized in Table
4
1. Uses that do not appear in the Table 1 are regulated in the same
manner for both zoning districts.
If the zoning change is granted, the development of the property will
be subject to the general regulations of the Neighborhood Residential
Mixed Use (NRMU) zoning district. The general regulations of the
NRMU zoning district include maximum lot coverage of 80% and
minimum landscaped areas of 20%. The only building setback
requirements in the NRMU zoning district are for side yards (6 feet),
and for yards that abut a single-family use or district. When adjacent
to a single family district, such as NR-3 and NR-4 zoning districts, a
minimum setback of 20 feet is required, with an additional foot of
setback required for every foot of building height over 20 feet. The
maximum building height permitted in the NRMU zoning district is
65 feet.
Table 1. Comparison of permitted uses between NR-2 and NRMU
Zoning Districts.
Use Zoning District
Residential Land Use Categories NR-2 NRMU
(existing) (proposed)
Single Family Dwellings P N
Accessory Dwelling Units SUP/L(1) N
Attached Single Family Dwellings N L(40)
Dwellings Above Businesses N P
Live/Work Units N P
Group Homes N SUP
Multi-Family Dwellings N SUP/L(4)
SUP N
Manufactured Housing Developments
Commercial Land Use Categories
N P
Hotels
N P
Bed and Breakfast
N L(17)
Retail Sales and Service
N L(11)
Restaurant or Private Club
N SUP
Drive-through Facility
N L(17)
Professional Services and Offices
N SUP
Quick Vehicle Servicing
N P
Laundry Facilities
SUP N
Equestrian Facilities
P SUP
Outdoor Recreation
N L(14)
Administrative or Research Facilities
N L(14)
Broadcasting or Production Studio
Industrial Land Use Categories
N L(21)
Bakeries
L(37) N
Kennels
N P
Veterinary Clinics
Institutional Land Use Categories
N P
Community Service
SUP P
Semi-public, Halls, Clubs, and Lodges
N L(14)
Business/Trade School
SUP P
Adult or Child Day Care
5
Kindergarten, Elementary School SUP P
Middle School N P
High School N SUP
Medical Centers N P
Elderly Housing SUP P
Table Legend:
P – Permitted
N – Not permitted
SUP – Specific Use Permit
L(1)
= Accessory dwelling units are permitted, subject to the following
additional criteria:
1.The proposal must conform with the overall maximum lot coverage and
setback requirements of the underlying zone.
2.
The maximum number of accessory dwelling units shall not exceed 1 per
lot.
3.The maximum gross habitable floor area (GHFA) of the accessory
residential structure shall not exceed 50% of the GHFA of the primary
residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot
meets the requirements of L(1).5.
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 GHFA 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(4)
= Multi-family is permitted only:
1.With a Specific Use Permit; or
2.As part of a Mixed-Use Development; or
3.As part of a Master Plan Development, Existing; or
4.If the development received zoning approval allowing multi-family use
within one year prior to the effective date of Ordinance No. _2005-224; or
5.If allowed by a City Council approved neighborhood (small area) plan.
L(11)
= Limited to sit down only, and no drive up service permitted.
Limited to no more than 100 seats and no more than 4,000 square feet of
restaurant area.
L(14)
= Uses are limited to no more than 10,000 square feet of gross
floor area.
L(17)
= Uses are limited to no more than 25,000 square feet of gross
floor area per use, except grocery stores may be larger with approval of
an SUP.
L(21)
= Bakery and bottling areas not to exceed 2,500 square feet. Sales
on premises of products produced required in this zone.
L (37)
= 5-acre minimum land area required and no more than 25
kennels per acre allowed, including indoor and outdoor runs. A
natural buffer strip is required adjacent to any residential use.
L (40)
=Limited to a maximum 12 units per acre.
6
DEPARTMENT AND
The Development Review Committee has reviewed this application.
AGENCY REVIEW:
No issues pertinent to the requested zoning change were identified.
FINDINGS:
The criteria for approval of Zoning Amendments, per 35.3.4.B.2 of
the Denton Development Code require that:
1. The proposed rezoning conforms to the Future Land Use element
of the Denton Plan, and
The requested zoning change conforms to the Future Land Use
designation of the Denton Plan.
2. The proposed rezoning facilitates the adequate provision of
transportation, water, sewers, schools, parks, other public
requirements and public convenience.
Water and wastewater service are available to the subject
property. Access from Loop 288 will not be permitted to the
subject property, and so it is likely that an impact on the traffic
patterns on Kings Row will result with the development of the
property. However, road improvements and sidewalk
construction would be required as a condition of development.
As such, the proposed rezoning will facilitate the adequate
provision of transportation, water, and sewers.
7
EXHIBIT 2
LOCATION MAP
8
EXHIBIT 3
EXISTING ZONING MAP
9
EXHIBIT 4
PROPOSED ZONING MAP
10
EXHIBIT 5
FUTURE LAND USE MAP
11
EXHIBIT 6
NOTIFICATION INFORMATION
Public Notification Date: July 15, 2007
*
200’ Legal Notices sent via Certified Mail: 22
Number of responses to 200’ Legal Notice:
In Opposition: 5
In Favor: 0
Neutral: 1
* - A copy of the notification list is available at City Hall West, 221
, Denton, TX
N. Elm Street
12
EXHIBIT 7
LETTER FROM APPLICANT
13
14
EXHIBIT 8
SITE PHOTOGRAPHS
Photographs taken from Loop 288, looking toward the east.
15
EXHIBIT 9
RESPONSE TO NOTICE OF PUBLIC HEARING
16
17
18
19
20
21
22
23
24
July 24, 2008
Planning and Zoning Commission
215 East McKinney
Denton, Texas
Dear Members of the Commission:
We would like to express our general concerns regarding the proposed rezoning of the
approximately 8.3 acres generally located at the south east and south west intersection of Loop
288 and Kings Row from Neighborhood Residential 2 (NR-2) to Neighborhood Residential
Mixed use (NRMU) by Spring Brook Planning Group and I.K. Kim Trustee’s.
As the rezoning would open the property use to include small scale retail, multiple family
dwellings, grocery stores or offices of less than 25,000sq feet, drive through banks and/or
apartments, we are concerned about added traffic, congestion and noise in the neighborhood.
Many of these options, and others that we may not be aware of, would add “a retail/late
evening/weekend use” atmosphere to our residential, single home area. Traffic and noise
concerns could be at any hour of the day or night depending on the development. The
neighborhood already has enough added road traffic and noise just from Loop 288. We feel
these potential plans would not be compatible with our neighborhood and are therefore not in
favor of the rezoning.
We were unable to attend the Tuesday, July 24, 2007 preplanning meeting and are with our
family in an outing on Wednesday, July 25 during the time of the planning meeting with the city
to personally share our concerns.
We also received today a letter regarding another proposed rezoning of 42 acres located south of
Silver Dome Road, east of Cooper Creek Rd and west of Farris Road to the same NRMU
designation requested by Spring Brook. The proposed relocation of the United Church of God
headquarters would also further impede traffic flow into the area in which our home is located.
One of the main egresses to the Sanctuary/Auditorium would be East Kings Row. Copper Creek
Road is presently not adequate for heavy traffic and would not offer relief to the traffic from
Kings Row. This project would also further congest the traffic flow into the neighborhood.
Kings Row is underdeveloped and to accommodate either of the two rezoning requests would
require the road to be widened to four lanes which would further impede on the neighborhood.
Thank you for your consideration in your review of the rezoning requests.
Sincerely,
Gale and Sharon Dingman
3800 Deer Forest Drive
Denton, Texas 76208
940-898-0488
25
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AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Planning and Development
ACM:
Howard Martin, 349-8232
SUBJECT
Z07-0017 (Denton Municipal Electric Spencer Complex Zoning)
Hold a public hearing to consider the adoption of an ordinance regarding the rezoning of three
sites approximately9.02 acres from a Rural Residential (RD-5) to an Employment Center
Commercial (EC-C) zoning district. The first site is approximately 3.95 acres, the second site is
approximately 0.173 acres, and the third site is approximately 4.897 acres. The sites are
generally located on the north side of Spencer Road between Woodrow Lane and Brinker Road
(see Exhibit 2). The Planning and Zoning Commission recommends approval of this rezoning
request (6-0).
BACKGROUND
Applicant: City of Denton Denton, TX
The subject sites were annexed into the City on September 11, 2007 and the initial zoning district
given to the three sites is Rural Residential (RD-5). However, given the zoning and uses on
adjacent property a request to rezone the three sites from Rural Residential (RD-5) to an
Employment Center Commercial (EC-C) zoning district is appropriate. The subject sites are
currently developed as the Denton Municipal Electric Utility Operation facility (see Exhibit 2).
The purpose for the request is to combine the subject sites with the rest of the Denton Municipal
Electric Utility Operation facility into one contiguous zoning district.
Public notification information is provided in Exhibit 6. As of this writing, staff has not received
any responses from property owners within 200 feet of the subject site.
PRIOR ACTION/REVIEW
June 12, 2007 First City Council Public Hearing
June 19, 2007 Second City Council Public Hearing
June 27, 2007 Planning and Zoning Commission Public Hearing
st
July 17, 2007 1 Reading of the Ordinance
July 29, 2007 Ordinance publication
nd
September 11, 2007 2 and Final Reading of the Ordinance
OPTIONS
1.Approve as submitted.
2.Approve subject to conditions.
3.Deny.
4.Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this rezoning request (6-0).
EXHIBITS
1.Staff Analysis
2.Location Map
3.Existing Zoning Map
4.Proposed Zoning Map
5.Future Land Use Map
6.Notification Information
7.Applicant’s Letter for Zoning Change
8.Planning and Zoning Commission Minutes, June 27, 2007
9.Ordinance
Respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning and Development
Prepared by:
Ron Menguita
Planner III
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: DATE TO BE CONSIDERED:
Z07-0017September 18, 2007
LOCATION:
The property is generally located on the north side of Spencer Road
between Woodrow Lane and Brinker Road.
APPLICANT:
Denton Municipal Electric
1659 Spencer Road
Denton, TX 75205
OWNER:
City of Denton
REQUEST:
Adopt an ordinance to rezone three sites approximately 9.02 acres
from Rural Residential (RD-5) to an Employment Center Commercial
(EC-C) zoning district.
RECOMMENDATIO
The Planning and Zoning Commission recommends approval of this
N:
rezoning request (6-0).
Employment Centers
COMPREHENSIVE
The subject site is located within the future
PLAN
land use designations.
DESIGNATION:
Employment centers are intended to provide locations for a variety of
workplaces, including limited light manufacturing uses, research and
development activities, corporate facilities, offices, and institutions.
Employment centers are also intended to accommodate secondary
uses, such as hotels, restaurants, convenience shopping, and child-
care. Adequate public facilities shall be a criterion by which zoning
is granted.
Additionally, employment centers are intended to:
Encourage the development of office and business workplaces
in close proximity to housing, civic, and recreational uses;
Promote excellence in the design and construction of
buildings, outdoor spaces, transportation facilities, and
streetscape;
Direct the development of workplaces consistent with the
availability of public facilities and services; and,
Continue the vitality and quality of life in adjacent
neighborhoods.
SITE AND
The site subject sites are currently developed as the Denton
SURROUNDINGS:
Municipal Electric Utility Operation facility.
North:
Employment Center Commercial (EC-C) – Municipal Water
Treatment Plant
South:
Employment Center Commercial (EC-C) and Regional Center
Commercial Neighborhood (RCC-N) - undeveloped
East:
Employment Center Commercial (EC-C) - undeveloped
West:
Employment Center Commercial (EC-C) – Municipal Electric Utility
Operation Facility
BACKGROUND
The subject sites were annexed into the City on September 11, 2007
INFORMATION:
and the initial zoning district given to the three sites is Rural
Residential (RD-5). The applicant is requesting to rezone the three
sites approximately 9.02 acres from Rural Residential (RD-5) to an
Employment Center Commercial (EC-C) zoning district. The subject
sites are currently developed as the Denton Municipal Electric Utility
Operation facility (see Exhibit 2). The purpose for the request is to
combine the subject sites with the rest of the Denton Municipal
Electric Utility Operation facility into one contiguous zoning district.
ANALYSIS:
Employment Centers
Comprehensive Plan
The subject site is located within the future
Analysis:
land use designations. The proposed EC-C zoning district is
consistent with the comprehensive plan designation.
Development
Rural Residential (RD-5) is the initial zoning district given to a
Code/Zoning Analysis:
property once it has been annexed. The applicant is requesting that
the subject property be rezoned from a RD-5 and an EC-C zoning
districts to combine the subject sites with the rest of the Denton
Municipal Electric Utility Operation facility into one contiguous
zoning district. The following table highlights the permitted uses in
RD-5 and EC-C zoning districts.
Residential Land Use Categories RD-5 EC-C
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P N
Accessory Dwelling Units P N
Live/Work Units P N
Community Homes For the Disabled P N
Group Homes SUP N
Manufactured Housing Developments P N
L(7)
= Limited to two (2) animals on parcels one (1) to three (3)
acres in size. Additional animals may be added at a rate of one per
each acre over three.
Commercial Land Use Categories RD-5 EC-C
Home Occupation P N
Sale of Products Grown on Site P N
Hotels N P
Bed and Breakfast L(10) N
Retail Sales and Service N L(18)
Restaurant or Private Club N P
Drive-through Facility N P
Professional Services and Offices N P
Quick Vehicle Servicing N P
Vehicle Repair N P
Auto and RV Sales N P
Laundry Facilities N P
Equestrian Facilities P N
Outdoor Recreation P N
Indoor Recreation N P
Major Event Entertainment N P
Commercial Parking Lots N P
Administrative or Research Facilities SUP P
Broadcasting of Production Studio SUP P
Temporary Uses L(38) L(38)
L(10)
= All restrictions of L(8), but limited to no more than 5 guest
units.
L(18)
= Uses are permitted only in association with Gas Stations and
are limited to no more than 5,000 square feet of gross floor area
except adjacent to I-35 then uses are limited to 10,000 square feet of
gross floor area.
L (38)
= Must meet the requirements of Section 35.12.9.
Industrial Land Use Categories RD-5 EC-C
Printing / Publishing N P
Bakeries N P
Manufacture of Non-odoriferous Foods N P
Feed Lots SUP N
Light Manufacturing N P
Wholesale Sales N P
Wholesale Nurseries P L(32)
Distribution Center N P
Wholesale Storage and Distribution N L(34)
Self-service Storage N P
Construction Materials Sales N P
Kennels L(14) P
Veterinary Clinics P P
Gas Wells L(27) L(27)
L(14)
= Uses are limited to no more than 10,000 square feet of gross
floor area.
L(27)
= Must comply with the provisions of Subchapter 22, Gas Well
Drilling and Production.
L (32)
= Not allowed to locate adjacent to an arterial and within
1,000 feet as measured from the nearest property line of a sexually
oriented business to the nearest property line of any other sexually
oriented business, adult or child daycare, any elderly housing facility,
hospital, any residential use, public open space.
L (34)
= Permitted with no more than 150,000 gross square feet and 8
truck docks. All docks or loading bays shall be to the rear or side of
the structure and not viewable from the street. The buffering
standards for outdoor storage shall apply, both to any outdoor storage
activity and to the loading docks.
Institutional Land Use Categories RD-5 EC-C
Basic UtilitiesP P
Community Service N P
Parks and Open Space P P
ChurchesP P
Semi-public, Halls, Clubs, and Lodges N P
Business / Trade School N P
Adult or Child Day Care P P
Kindergarten, Elementary School P N
Colleges N P
Mortuaries N P
The chart below illustrates the general regulations of the RD-5 and
EC-C zoning districts.
For RD-5 the following limits apply to subdivisions of less than 10
acres, and all lots that are adjacent to the perimeter of a subdivision:
General Regulations RD-5EC-C
2,900
Minimum lot area 5 acres (square
feet)
200 feet
Minimum lot width 20 feet
Minimum lot depth 250 feet 50 feet
Minimum front yard setback 50 feet None
Minimum side yard 10 feet None
Minimum side yard adjacent to a street 50 feet None
10 feet,
plus 1
foot for
each
Minimum rear yard
foot of N/A
building
height
over 20
feet
30 feet,
Minimum yard abutting a single family
N/A
plus 1
use or district
foot for
each
foot of
building
height
over 30
feet
For RD-5 the following limits apply to subdivisions of more than 10
acres in lieu of minimum lot size and dimension requirements:
General Regulations RD-5EC-C
Maximum density, dwelling units per acre 0.2 N/A
Minimum building separation 30 feet N/A
For RD-5 the following limits apply to all buildings:
General Regulations RD-5EC-C
Maximum lot coverage except for
15% 80%
agricultural buildings
Minimum landscaped area 75% 20%
Maximum building height 65 feet 100 feet
Maximum FAR
None 1.50
(except for single-family uses for RD-5)
Minimum yard when a use other than
None N/A
single family abuts a residential zone
The requested zoning change is consistent with the surrounding land
use and zoning districts.
DEPARTMENT AND
The Development Review Committee reviewed the rezoning request
AGENCY REVIEW:
and provided comments and general information.
FINDINGS:
The subject sites are currently developed as the Denton Municipal
Electric Utility Operation facility. The purpose for the request is to
combine the subject sites with the rest of the Denton Municipal
Electric Utility Operation facility into one contiguous zoning district.
Pursuant to subsection 35.3.4.B. a zoning amendment shall be issued
only when the following standards are met:
1.The following rezoning conforms to the Future Land Use
element of The Denton Plan.
The EC-C zoning district is consistent with the
comprehensive plan designation of Employment Centers. The
existing Denton Municipal Electric Utility Operation facility
is a permissible land use in the proposed EC-C zoning district.
2.The proposed rezoning facilitates the adequate provisions
of transportation, water, sewers, schools, parks, other
public requirements and public convenience.
The subject sites are currently developed as the Denton
Municipal Electric Utility Operation facility, no
transportation, water, sewers, schools, parks, other public
requirements and public convenience will be needed as a
result of this zoning change.
EXHIBIT 2
Location Map
EXHIBIT 3
Existing Zoning Map
EXHIBIT 4
Proposed Zoning Map
EXHIBIT 5
Future Land Use Map
EXHIBIT 6
Notification Information
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AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
Finance
ACM:
Jon Fortune
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 meeting of September 25, 2007; providing for
publication of notice of such vote on the tax rate; and providing an effective date.
BACKGROUND
On August 3, 2007, staff provided Council with a copy of the required notice of effective tax
rate calculation that would be published in the Sunday, August 5, 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 categoriesmaintenance 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
excludes taxes on properties no longer in the taxing unit and also excludes the current taxable
value of new properties (growth). The 58719/$100
valuation and the rollback rate is $0.68627/$100 valuation.
The Texas Property Tax Code mandates specific publications to be provided by the City. The
he lower of the rollback rate or the
In addition, state law requires two
public hearings be held on the proposed tax increase, with the second hearing occurring three
to fourteen days after the first. The proposed 2007-08 budget includes a $0.66652 tax rate,
and exceeds the effective tax rate; therefore, it requires two public hearings, as well as a
published quarter-page notice notifying the public of the hearings, and a published quarter-
page notice before adopting the tax rate (see attached).
The proposed tax rate is $0.04 higher than the current tax rate of $0.62652. Three cents of
this increase is related to debt that was authorized in the 2005 bond program. The remaining
one cent increase is proposed to support the issuance of approximately $7,065,000 in
certificates of obligation for miscellaneous drainage improvements.
Agenda Information Sheet
September 18, 2007
Page 2
ESTIMATED SCHEDULE
8/21/07 Vote to Place Proposal on Future Agenda
9/11/07 Hold First Public Hearing
9/18/07 Hold Second Public Hearing
9/25/07 Adopt Tax Rate
PRIOR ACTION/REVIEW
On August 21, 2007, Council met and discussed placing a proposal on a future agenda to
adopt a 2007 tax rate and calling two public hearings on a tax increase.
FISCAL INFORMATION
The proposed property tax rate is $0.66652/$100 valuation for the 2007-08 Proposed Budget.
EXHIBITS
Notice of Public Hearings
Notice of Vote on Tax Rate
Resolution
Respectfully submitted:
Bryan Langley
Director of Finance
Published September 2, 2007
NOTICE OF PUBLIC HEARING ON TAX INCREASE
The City of Denton will hold two public hearings on a proposal to increase total tax revenues from properties
The first public hearing will be held on September 11th at 6:30 p.m.at215 E. McKinney, Denton, TX 76201.
The second public hearing will be held on September 18th at 6:30 p.m.at215 E. McKinney, Denton, TX 76201.
The members of the governing body voted on the proposal to consider the tax increase as follows:
FOR the proposal:Mayor Perry McNeill, Mayor Pro Tem Pete Kamp, Deputy Mayor Pro Tem Joe Mulroy,
Council Member Charlye Heggins, Council Member Bob Montgomery,
Council Member Jack Thomson, Council Member Chris Watts.
AGAINST the proposal:
PRESENT and not voting:
ABSENT:
Comparison of Proposed Budget with Last Year's Budget
The applicable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the amount
budgeted for the fiscal year that begins during the current tax year is indicated for each of the following expenditure categories:
7.07%% (Increase) or% (Decrease)
Maintenance and operations
36.94%% (Increase) or% (Decrease)
Debt service
10.41%% (Increase) or% (Decrease)
Total expenditures
Total Appraised Value and Total Taxable Value
calculated under section 26.04, Tax Code
Preceding Tax YearCurrent Tax Year
$$
Total appraised value* of all property 5,844,920,251 6,518,530,250
$$
Total appraised value* of new property** 546,332,114 458,187,659
$$
Total taxable value*** of all property 5,441,228,909 6,089,499,775
$$
Total taxable value*** of new property** 255,219,881 246,507,452
Bonded Indebtedness
138,995,000
Total amount of outstanding and unpaid bonded indebtedness $
Tax Rates
$per $100 in value
Adopted tax rate for the preceding tax year0.62652
$per $100 in value
Proposed tax rate for the current year0.66652
$per $100 in value
Difference in the proposed tax rate and the 0.04000
adopted tax rate for the preceding tax year
% Increase
Percentage increase or decrease in the 6.38%
OR
proposed tax rate and the adopted tax rate
% Decrease
for the preceding tax year0.00%
These tax rate figures are not adjusted for changes in the taxable value of property.
* "Appraised Value" is the amount shown on the appraisal roll and defined by Section 1.04(8), Tax Code.
** "New Property" is defined by Section 26.012(17), Tax Code.
*** "Taxable Value" is defined by Section 1.04(10), Tax Code.
Comparison of Residence Homestead Taxes
Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current tax
year.
Preceding Tax YearCurrent Tax Year
Average residence homestead value$130,395$136,546
Homestead exemption amount for the taxing unit$5,000$5,000
(excluding special exemption for persons 65 years
of age or older or disabled.)
Average taxable value of a residence homestead$125,395$131,546
(excluding special exemptions for person 65 years
of age or older or disabled.)
Comparison of Residence Homestead Taxes
The taxes would have been imposed in the preceding tax year on a residence homestead at the average appraised value (excluding
special exemptions for persons 65 years of age or older or disabled) are estimated to be $785.62. The taxes that would be imposed
in the current tax year on a residence homestead appraised at the average appraised value in the current tax year (excluding
special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are estimated to be
$876.78. The difference between the amount of taxes on the average residence homestead in the current tax year, if the proposed
tax rate is adopted, and the preceding tax year would be an increase of $91.16 in taxes.
Notice to Be Published September 23, 2007
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AGENDA INFORMATION SHEET
AGENDA DATE:
September 18, 2007
DEPARTMENT:
City Manager’s Office
CM:
George Campbell, City Manager
SUBJECT
Consider nominations/appointments to the City’s Boards and Commissions.
BACKGROUND
The following boards/commissions require nominations:
Construction Advisory & Appeals Board – Deputy Mayor Pro Tem Mulroy
Human Services Advisory Committee – Council Member Montgomery
Traffic Safety Commission – Michael Kozac has resigned. Council Member Heggins has
nominated Michael Green. The City Secretary’s office is in the process of verifying his application.
The approval of the nomination will be placed on the October 2, 2007 meeting.
Zoning Board of Adjustment – Council Member Heggins.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:\Boards & Comm\Agenda Info Sheet for Vacancies 8.21.07.docx