101218 Friday Staff Report ICOF Y City Manager's Office
DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307
MEMORANDUM
DATE: October 12, 2018
TO: The Honorable Mayor Watts and Council Members
FROM: Todd Hileman, City Manager
SUBJECT: Friday Staff Report
I. Council Schedule
A. Meetings
1. Work Session of the City Council on Tuesday,October 16,2018 at 2:00 p.m. in
the City Council Work Session Room followed by a Regular Meeting in the
Council Chambers at 6:30 p.m.
2. No Agenda Committee Meeting on Wednesday, October 17, 2018.
3. Health and Building Standards Commission Meeting on Thursday, October 18,
2018 at 4:00 p.m. in the City Council Chambers.
4. Development Code Review Committee Meeting on Friday, October 19,2018 at
11:00 a.m. in the City Council Work Session Room.
B. Upcoming Events
1. NLC City Summit,November 7-10, 2018 in Los Angeles, CA.
II. General Information & Status Update
A. Jennifer Walters' Retirement—City Secretary Jennifer Walters announced she will
be retiring from her role effective January 31,2019. Jennifer began her career with
the City of Denton in 1984 as a Senior Secretary in the City Manager's Office and
has served as the City Secretary for the past 32 years. The City Secretary vacancy
will be posted later this month. We hope to hire a new City Secretary by early
December so the successful candidate can cross-train with Jennifer prior to her
retirement. Please join all of us in thanking Jennifer for her dedicated service and
celebrating a job well done! Details regarding a retirement reception will be shared
in a future Friday Report. Staff contact: Bryan Langley, CMO
OUR CORE VALUES
Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service
B. Comm. Dev. 2017/18 Consolidated Annual Performance and Evaluation Report The Consolidated Annual Performance and Evaluation Report(CAPER)is a year-
end performance report required by U.S. Department of Housing and Urban
Development (HUD). The purpose of the CAPER is to provide an overall
evaluation of federally-funded activities and accomplishments to HUD and the
community. The 2017/18 CAPER providing information from August 1, 2017
through July 31, 2018 will be submitted electronically to HUD via the Integrated
Disbursement and Information System(IDIS) on October 30, 2018 and covers the
following formula grant programs:
• Community Development Block Grant(CDBG)
• HOME Investment Partnerships (HOME)
While the CAPER focuses on federally funded activities, the City of Denton
recognizes the importance that local funding plays in the provision of community
development activities especially in social services and homelessness.
Accomplishment information that is supported by both local and federal funds are
provided in the following sections: resources leveraged, homeless and homeless
prevention narratives, and summary of households/persons assisted.
To invite citizen participation in the 2017/18 performance report process,the city
will follow the 2015-19 Citizen Participation Plan. A public notice was placed in
the Denton Record Chronicle on Oct. 9 requesting public comments on the
2017/18 CAPER. Comments will be accepted on the draft report from Oct. 10
through Oct. 24. Copies of the report are available at City Hall East at 601 E.
Hickory, Suite B or on the City's website at http://bit.ly/CAPER2017-18. Staff
contact: Barbara Ross, Community Development
C. Chief Dixon's Swearing-In Ceremony—On Thursday,Oct. 11 Denton's new Chief
of Police, Frank Dixon was sworn-in by Judge Robin Ramsay at the Public Safety
Training Center. There were approximately 200 elected officials and community
members in attendance. Chief Dixon most recently served as an Assistant Chief
with the Austin Police Department and officially begins his Chief of Police duties
in Denton on Monday,Oct. 15.Below are a few photos from the Oct. 11 ceremony.
Staff contact: Jessica Rogers, Public Affairs
D. Stream Clean—On Saturday, Oct. 6, close to 600 volunteers gathered to clean-up
waterways in and around Denton at the City's annual event, Stream Clean. As a
result, 2,976 pounds of trash and 944 pounds of recyclable materials were picked
up,as well as dozens of large items, such as tires,furniture,and building materials.
Stream Clean is sponsored by the City of Denton Water Utilities Department,
Sustainability, Watershed Protection, and the Solid Waste and Recycling Department.
Volunteers included families and individuals, local scout troops, and groups from
Denton ISD, the University of North Texas, and Texas Woman's University.
Next year's Stream Clean is tentatively planned for a Saturday in October.
Information about volunteering will be available at
www.ciiyofdenton.com/streamclean. Staff contact: Katherine Barnett, Sustainability
E. Buc-ee's Travel Center Incentive—Staff prepared the attached memo in response
to a Council request regarding estimates made for the incentive payments
associated with the Buc-ee's Travel Center project. Staff contact: Caroline Booth,
Economic Development
F. DME Hurricane Michael Mutual Aid Assistance — On Monday, Oct. 8, DME
received a request from the Florida Municipal Electric Association to provide
mutual aid assistance to the Florida Panhandle as a part of the emergency response
plan for Hurricane Michael. On Wednesday, Oct. 4, DME sent 19 field personnel
and Fleet Services sent one employee to Tallahassee to provide emergency power
restoration services. Hurricane Michael's storm center made landfall at 1:00 p.m.
near Mexico Beach, FL on Wednesday, Oct. 4 as a Category 4 hurricane. As of
Thursday, Oct. 11, 90% of Tallahassee's residents were without power. Staff will
provide updates on the DME/Fleet Services crew and their work in Florida. Staff
contact: George Morrow, DME
G. Fire Department Mutual Aid Assistance - On Monday, Oct. 8, The State of Texas
activated Texas Task Force 1 (TX-TF 1)in response to heavy rainfall and flooding
along the Llano River near Junction, Texas. They contacted the Denton Fire
Department and requested assistance from the swift-water boat team as part of this
response. The team was activated at 11:30 a.m. on Oct. 8, and reported to Junction
that afternoon.
After being tasked to Junction, the Denton Water Rescue Squad then traveled to
Midland, Texas on the evening of Oct. 8 in response to severe flooding. The same
crew was then ordered on Tuesday, Oct. 9 to the DFW area to stand-by for
assistance.
Along with the Texas severe weather event,the State of Texas received a mutual
aid request to assist the State of Florida with Hurricane Michael response efforts.
The TX-TF 1 task force is sending a 70 member urban search and rescue team. The
Denton Fire Department has one member assigned to this team, Captain Mike
Tucker. This team has been transported to Florida, and is currently stationed at
Elgin Air Force Base in Valparaiso, Florida.
Updates on the Denton Fire Department's multiple mutual aid deployments will
be provided as additional information is made available. Staff contact: Kenneth
Hedges, Fire
H. November 5 Council Luncheon - Staff is finalizing plans for the Nov. 5 City
Council Luncheon, which will take place at the Denton Enterprise Airport (5000
Airport Road).Activities will begin at 10:30 a.m.with a groundbreaking ceremony
for the Parallel Runway Project. The luncheon will begin at 11:30 a.m. and will
include an overview of the Airport Strategic Plan, a discussion on the future
process for conducting Council Appointee reviews, and the State Legislative
Update. Due to the off-site location, this luncheon will not be recorded. Staff
contact: Sarah Kuechler, Public Affairs
I. US 377 Public Meeting - Approximately 80 people attended the US 377
Informational Meeting on Monday, Oct. 8 at McMath Middle School. Staff from
the City of Denton, TxDOT, and SEMA Construction, Inc. were on-hand to
discuss the project and answer questions. Construction on US 377, from I-35E to
0.2 miles south of 1830/Country Club Rd. is expected to begin in November 2018
and is targeted for completion in late 2020. This construction project will widen
the road from a two-lane rural roadway to a six-lane divided road. The project will
also improvement the FM 1830/Country Club/US 377 intersection. The
presentation and other meeting materials are posted to the proj ect's website:
www.US377Denton.com. Staff contact: Stuart Birdseye, Public Affairs
J. Draft 2019 City Council Meeting Schedule - A draft of the 2019 City Council
Meeting Schedule(attached)was distributed to City Council in the September 28
Friday Report. Staff attempted to account for major holidays observed by the
current City Council will developing the draft. The City Secretary's Office plans
on finalizing the calendar by Friday, October 19. If you have not already done so,
please remember to provide your revisions to Jennifer Walters on or before Oct.
19. Staff contact: Jennifer Walters, City Secretary
K. Park 7 Project Update-The Park 7 Project is planned for an approximately three
acre tract located on the south side of Scripture Street between Normal Street and
Bryan Street.As proposed,the mixed-use development will include approximately
1,300 square feet of commercial space and 183 residential units with 546
bedrooms. The associated 546 parking spaces will be provided in a parking
structure.This exceeds the 537 spaces required for the proposed development. The
proposed development also includes resident amenities including a rooftop pool,
sports courts, and a gym. The development will be required to have an 8-foot
sidewalk with street trees.
Since the last citywide rezoning in 2002, this property has had a split zoning
designation of Downtown Commercial General (DC-G) and Downtown
Residential (DR-2).
Below is a timeline of the proposed development:
• 2016 - Applicant requested a rezoning to extend the DC-G designation
across the entire site.
• April 2017—Rezoning request was denied by City Council.
• August 2017 — Planning and Zoning approved a replatting to consolidate
the property into a single lot.
• July 30, 2018— Site plan for the proposed project was submitted.
• August 13, 2018—Comments were provided back to the applicant.
The Development Review Committee has conducted its initial review based on
Denton Development Code(DDC)requirements and has provided comments back
to the applicant using a comment release letter project deficiencies(attached).The
applicant is currently working to address the issues identified by staff. As of Oct.
11, the applicant has not resubmitted the site plan. Once the applicant resubmits
plans, staff will conduct a full review of the project to ensure corrections have been
made and to determine if modifications are compliant with the DDC and other
regulations. If the applicant fails to meet the City's regulatory requirements, the
project will not be approved and a building permit will not be issued.
The proposed development falls within the parameters of the property's current
zoning designation, meaning City Council approval of a Specific Use Permit or
rezoning is not required. Preliminary review of the Traffic Impact Analysis
indicates that the proposed project will not necessitate public improvements that
would require City Council approval for a Development Agreement.
Using feedback from the Park 7 development and other recent collegiate housing
projects, staff is considering the development of a new "Collegiate Housing"
zoning designation which will be incorporated into the update of the Denton
Development Code. Staff prepared the attached informal staff report(ISR number
2018-153) to provide an overview of options that are being considered to address
collegiate housing issues. Staff contact: Richard Cannone and Julie Wyatt,
Development Services
L. Developer Commitment History — During the Sept. 25 City Council Meeting,
Council Member Hudspeth requested a three year history of all instances where
developer commitments made to the City have been broken. Development
Services reviewed all Conditional Approvals and Overlays from the past three
years and did not find an instance where a formal developer commitment was
broken. The attached table outlines the research that staff compiled. Staff contact:
Richard Cannone, Development Services
M. Human Rights Campaign MEI 2018 Score — The Human Rights Campaign
released the 2018 scores for their Municipal Equality Index (MEI) scorecard this
week. Please see the following link to review the scores:
htlps://www.hrc.org/resources/mei-2018-see-your-cilys-score.s-score. The City of
Denton received a score of 52 out of 100 points. The score of 52 is the same
estimated by City staff and presented to City Council during a work session on
August 14, 2018. This is an increase to the City's 2017 score of 44 and the 2016
score of 35. Staff contact: Sarah Kuechler, Public Affairs
III. Community Events
A. Neighborhood Empowerment Summit—On Saturday,Oct. 13 the City of Denton
will host its annual Neighborhood Empowerment Summit. The summit is a free
event and will be held at the MLK Jr. Recreation Center, located at 1300 Wilson
Street, from 9:00 a.m. to 1:00 p.m., with sign-in starting at 8:30 a.m. Additional
summit details are provided in the attached flyer. This year's theme is "Building
Resilient Neighborhoods Together." Staff encourages individuals that are
interested in enhancing community pride and build more resilient neighborhoods
to attend. Staff Contact: Ron Menguita, Development Services
IV. Attachments
A. Stream Clean Press Release
B. Buc-ee's Travel Center Incentive Memo
C. Draft 2019 City Council Meeting Schedule
D. Park 7 Development Comment Release Letter
E. Conditional Approval and Overlay Approval Three Year History
F. Neighborhood Empowerment Summit Flyer
V. Informal Staff Reports
A. 2018-147 Update on FeLV and FIV Testing at the Animal Shelter
B. 2018-148 Aquatics Committee Appointment
C. 2018-149 Update on Tree Preservation and Landscape Standards
D. 2018-150 CIS Division Overview
E. 2018-151 Board of Ethics Rules of Procedure Update
F. 2018-152 Qualified Voter Requirement
G. 2018-153 Single Room Occupancy Developments and Collegiate Housing
Designation
H. 2018-154 Economic Development Project Names and Non-Disclosure
Agreements
VI. Council Information
A. Council Requests for Information
B. Draft Agenda October 23
C. Council Calendar
D. Future Work Session Items
E. Street Construction Report
-40
o FOR IMMEDIATE RELEASE
DENTON Jessica Rogers • (940) 349-7531 • Jessica.Rogers@cityofdenton.com
Results from Stream Clean 2018
Volunteers Picked Up Nearly Two Tons of Debris
DENTON, TX, Oct. 8, 2018—On Saturday, Oct. 6, close to 600 volunteers gathered to clean up
waterways in and around Denton at the City's annual event, Stream Clean. As a result, 2,976
pounds of trash and 944 pounds of recyclable materials were picked up, as well as dozens of
large items, such as tires, furniture, and building materials.
"Cleaning our waterways keeps trash and illegally-dumped items from ending up in Lake
Lewisville and contaminating our water supply," said Katherine Barnett, City of Denton
Sustainability and Customer Initiatives Manager. "Stream Clean is an opportunity for residents
to work together for the better of our community."
Though volunteers primarily picked up small items, such as bottles and cans, they were surprised
by the number and variety of large items.
"We found a burned couch, a large inflatable pool, two boxes of ceramic tile, shingles, a car
bumper, and a very large skateboard ramp,just to name a few," said Barnett. "But overall, we
found less trash than last year at several of our repeat sites, and the number of tires continues to
decrease."
Stream Clean is sponsored by the City of Denton Water Utilities Department, Sustainability,
Watershed Protection, and the Solid Waste and Recycling Department. Volunteers included
families and individuals, local scout troops, and groups from Denton ISD, the University of
North Texas, and Texas Woman's University.
Next year's Stream Clean is tentatively planned for a Saturday in October. Information about
volunteering will be available at www.cityofdenton.com/streamclean.
Contact: Katherine Barnett, (940) 349-8202, Katherine.Barnett@cityofdenton.com
Visit www.cityofdenton.com for more news and to stay updated.
IT"
The mission of the Denton Watershed Protection program is to maintain the quality
of our watersheds, ultimately protecting our water sources and the ecosystems
WATERSHED
PROTECTION within our watersheds. To learn more, visit www.dentonwatersheds.com.
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ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989
44( "` Department of Economic Development
)F
DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-7776
MEMORANDUM
DATE: October 8, 2018
TO: Mayor and City Council Members
FROM: Caroline Booth, Director of Economic Development
SUBJECT: Buc-ee's Travel Center Incentive
Staff prepared this memo in response to a question from Councilmember Armintor about
estimating and budgeting for the incentive payments for the Buc-ee's Travel Center project.
Background
The Buc-ee's Travel Center project is a commercial development that will include an
approximately 55,000-square-foot Buc-ee's retail store, fuel sales, car wash, and 6-8 pad sites
along I-35E for future development. In December 2015 on a 5-2 vote, the City Council granted a
two-phase incentive to the project. The Agenda Information Sheet and Presentation from that
meeting are attached as Exhibits 1 and 2.
Phase 1, which reimburses the developer for payment of the Texas Department of Transportation
(TxDOT) local match required for the Brinker Road bridge, is a 50% sales tax rebate for 5 years
on the Buc-ee's parcel and the pad sites (Exhibit 3). Phase 2 of the incentive, which lasts for 20
years,reimburses public infrastructure and neighborhood consideration costs with a 50%rebate of
the sales taxes generated by the Buc-ee's travel center and retail and sit-down restaurants
developed on the pad sites. Fast food and service businesses developed on the pad sites generate a
25%rebate.
The proposed development has resulted in TxDOT advancing several mobility improvements to
the intersections of Loop 288/Lillian Miller and I-35E,Mayhill Road and I-35E,and Brinker Road
and I-35E. These improvements will enhance mobility and address traffic congestion and should
be complete in the summer of 2019. In order to facilitate these improvements, TxDOT required a
local funding match that was estimated at $2 million. The developer funded the local match,to be
reimbursed under Phase 1 of the incentive agreement. Phase 1 will be initiated once Buc-ee's
begins operations. The travel center is estimated to be complete in fall 2018. The underpass may
be open by the end of 2018.
The City received the cost for the 20% local government participation portion of the underpass
bridge from TxDOT in September 2016. The cost for the project is $2,100,000 and the drainage
betterment is $48,894 for a total of$2,148,894. Federal and state participation amounts from the
North Central Texas Council of Governments and Property One Funding; amounted to
approximately $16,722,878. County Regional Toll Revenue (RTR) accounted for another
OUR CORE VALUES
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44( "` Department of Economic Development
)F
DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-7776
$9,177,120, for a total project cost of$28,048,892 for the Brinker Road Bridge, Loop 288/I-35 E,
and turn lane at Mayhill. Additional details on this construction project are included in the On-
system Project Status Report and Budget from the Advance Funding Agreement between the City
and TxDOT in Exhibits 4 and 5.
Additionally, the developer will incur approximately $5 million in public infrastructure costs,
including water, wastewater, storm sewer, right-of-way dedication, and constructing a new City
street. The Engineering Opinion of Probable Construction Costs (OPCCs) is included in Exhibit
6.
The Agreement required the developer to take the following measures to protect the adjacent
neighborhood and minimize the impact of the development: maintain an average setback from all
residential properties of at least 400 feet and a minimum setback from all residential properties of
at least 200 feet;have a Photometric Engineer design a lighting system that minimizes light impact
to the neighborhood(maximum of 0.2 foot candles of light at all residential property lines); retain
and amenitize the pond area with access, walking trails, and seating; and provide an opportunity
for the homeowners whose property lines directly border the development to give input regarding
the landscape buffer, masonry, and wrought iron walls to be constructed. These considerations
were estimated to cost approximately$1.9 million.
The intent of the Chapter 380 Agreement was to incentivize Buc-ee's to locate in Denton and to
reimburse the following costs incurred by Buc-ee's:
Local Match(actual) $2,148,894
Public Infrastructure $5,023,353
Neighborhood Considerations $1,900,000
Total Costs $9,072,247
Analysis
This section addresses the metrics used to budget for a "cap free" incentive. All of the City's
Chapter 380 sales tax incentive agreements are performance-based and involve a cost share of the
sales taxes that the development generates. Unlike the City's other sales tax incentives, this
Agreement does not have a total cap for the grant. The first phase of the Buc-ee's incentive
reimburses the company for infrastructure costs for the 20%local government contribution for the
Brinker Road bridge, undertaken by TxDOT, and consists of a 50% cost share of the sales taxes
generated for 5 years (60 months). At the conclusion of the 5-year term for the Reimbursement
Grant and in the event that the Grantee has not received the entire $2 million for the costs incurred
by the Grantee for the local match for the improvements, the City will pay a one-time cash grant
for the difference.
The second phase of the incentive reimburses the approximately $5 million in infrastructure and
$1.9 million in neighborhood costs with a 50%cost share of the sales taxes generated by the Buc-
ee's travel center, retail and sit down restaurants; and 25% on remaining fast food and service
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Department of Economic Development
DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-7776
tenants, for a 20-year (240 month) payment term. The second phase commences upon the
conclusion of the infrastructure reimbursement Phase I grant.
Staff prepared a current analysis for the Buc-ee's Travel Center project over the 25 years of the
agreement; a summary table is included below. The full table is shown in Exhibit 7. Assumptions
are:
• Buc-ee's Travel Center sales: $25 million in Year 1 with a 3% annual growth rate
• Pad site sales: $4.3 million in Year 1 with a 3% annual growth rate (based on comparable
pad site sales in Denton; two pad sites are added per year for the first four years)
• 1.5% local sales tax rate
• 50%rebate used for both Buc-ee's and pad site sales
• Property tax revenue is estimated for both Buc-ee's and pad sites (no rebate given on
property tax; since the City is focusing on budgeting to the effective tax rate, an annual
growth rate was not applied to property tax)
• The agreement requires a one-time payment to reimburse the TxDOT local match if total
rebated sales tax is less than $2 million through the first 5 years. The payment will equal
the difference between the total rebate over 5 years and $2 million.
Summary Table
Total- 25 Years
Travel Center
Buc-ee's Annual Sales $ 911,481,616
Local Sales Tax Generated $ 13,672,227
Local Sales Tax Rebate $ (6,836,118)
City Property Tax Generated $ 3,604,000
Pad Sites
Pad Site Annual Sales $ 581,127,405
Local Sales Tax Generated $ 8,716,913
Sites Local Sales Tax Rebate $ (4,358,461)
City Property Tax Revenue $ 1,931,694
Additional Contract Payment $ (528,771)
Total Tax Generated $ 27,924,834
Total Tax Rebated $ (11,723,350)
Net City Tax Received $ 16,201,484
Conclusion
Since October 2016, staff has made improvements in the way incentive requests are reviewed and
approved and incentive agreements are drafted:
• Updated incentive application requiring more complete project data
• Financial analysis presented to both the Economic Development Partnership Board and
City Council in public meetings
• Council work session a minimum of two weeks before a vote on an incentive application,
allowing time for Council to receive feedback from citizens prior to a vote
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0
'` Department of Economic Development
DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-7776
• All agreements will have caps on both the dollar amount and the term length of the
incentive
Going forward, incentive request analyses will be presented on a 10-year time frame, even if the
incentive term is shorter than 10 years. This is a best practice that allows for "apples to apples"
comparison of the costs/benefits of different types of economic development projects over a
consistent time frame.
Exhibits
Exhibit 1 —Agenda Information Sheet from Dec. 1, 2015
Exhibit 2—Presentation from Dec. 1, 2015
Exhibit 3 —Conceptual Site Plan
Exhibit 4—TxDOT Project Status Report
Exhibit 5 —Funding Agreement Budget
Exhibit 6—OPCC
Exhibit 7—Buc-ee's Projection
CC: Todd Hileman, City Manager
Bryan Langley, Deputy City Manager
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Agenda Information Sheet
DEPARTMENT: Development Services/Economic Development
CM/ACM: Jon Fortune
Date: December 1, 2015
SUBJECT
Title
Consider adoption of an ordinance approving an Economic Development Agreement under
Chapter 380 of the Local Government Code to promote economic development and to stimulate
business activity in the city of Denton between the City of Denton and BUC-EE's LTD, regarding
the development of an approximate 38-acre parcel of land generally located on the west side I-35
E, north of Wind River Lane, in south Denton; authorizing the expenditure of funds therefor; and
providing an effective date.
Body
BACKGROUND
A commercial development anchored by a Buc-ee's Travel Center is proposed for a site in south
Denton. The proposal would include an approximately 53,000 square foot retail store, fuel sales,
a car wash, and peripheral development along I-35E for future development. The main retail store
and the associated fuel sales would be open 24 hours a day, 7 days a week, but the facility would
not cater to semi-trucks.
The subject property was rezoned in 2008 from Regional Center Residential 1 (RCR-1) District
to Regional Center Commercial Downtown (RCC-D)District with overlay conditions to provide
additional buffering between the commercially zoned property and the adjacent residential
neighborhoods. The current zoning designation permits all of the proposed uses.
The purpose of Regional Center Commercial Downtown(RCC-D) District is to "create high
density centers of activity including shopping, services, recreation, employment and institutional
facilities supported by and serving an entire region."The RCC-D district is one of the most
intense zoning districts in the Regional Mixed Use future land category and the City of Denton
as a whole. It is intended to promote mixed use development with an urban character and
businesses with a highly regional customer base to attract visitors to the city. Moderate to high
density residential uses with a maximum density of 100 units per acre are permitted including
townhomes and apartments associated with a mixed-use development. All commercial and
institutional uses are permitted with the exception of the sale of products grown on site, motels,
equestrian facilities, outdoor recreation, sexually oriented businesses, elementary schools, and
cemeteries. Most industrial uses are either limited or not permitted.
The proposed Buc-ee's Travel Center meets the intent of the RCC-D District, and its associated
uses of Retail Sales and Service, Quick Vehicle Servicing, and Drive-through Facility are
permitted in RCC-D.
The City Council is contemplating an incentive for the project in order to reimburse the developer
for public infrastructure improvements and other neighborhood/public amenities.A Neighborhood
Meeting was held on November 11,2015 where approximately 100 citizens attended to learn about
the project, ask questions, and express their concerns.
The City Council will discuss incentive options for the proposed commercial development. All
options are performance-based incentives that rebate a portion of local sales tax produced by the
development.
The proposed development has resulted in TxDOT advancing several mobility improvements to
the intersections of Loop 288/Lillian Miller and I35E, Mayhill Road and I35E, and Brinker Road
and I35K. These improvements will enhance mobility and address traffic congestion, and will be
complete in the spring of 2018 (see Exhibits 1 and 8 for more details). In order to facilitate these
improvements, TxDOT requires a local funding match of$2 million. The developer is willing to
fund all or a part of the $2 million, to be reimbursed as a part of an incentive agreement.
Additionally, the developer will incur approximately $5.2 million in public infrastructure costs,
including water, wastewater, storm sewer, right-of-way dedication, and constructing a new city
street. See Exhibit 7 for an Opinion of Probable Costs. The exhibit includes the cost of retaining
the existing pond; however, that cost is not included in the $5.2 million total (it has been
intentionally subtracted).
About the potential incentive, the following details should be noted:
❑ The incentive is a rebate of a portion of local sales tax generated by the proposed
development only(i.e. new tax revenue that the City would otherwise not receive)
❑ The City would collect 100% of the property tax revenue on the development
❑ The incentive is intended to reimburse the developer for public infrastructure, and
❑ The incentive is the City's only opportunity to require the developer to take
measures to protect the adjacent neighborhood and minimize the impact of the
development on the neighborhood
The Grant Agreement will require the developer to take the following measures to protect the
neighborhood and minimize impact:
11 Maintain an average setback from all residential properties of at least 400 feet
❑ Maintain a minimum setback from all residential properties of at least 200 feet
❑ Have a Photometric Engineer design a lighting system that minimizes light impact
to the neighborhood (maximum of 0.2 foot candles of light at all residential property
lines)
❑ Retain and amenitize the pond area with access,walking trails, and seating
❑ Provide an opportunity for the homeowners whose property lines directly border the
development to give input regarding the landscape buffer and the masonry & wrought
iron walls to be constructed
The Economic Development Partnership Board has recommended an incentive of 50% sales tax
rebate for 25 years, on the Buc-ee's parcel as well as the outparcels.
At the time of this writing, the incentive options were still being finalized. Current discussions
include the following proposed terms:
❑ The developer and the City would split the cost of the TxDOT local match of$2
million
❑ The developer would receive a 50% sales tax rebate on all parcels for three years to
be repaid for the $1 million contribution
❑ The City would provide a one-time payment to the developer at the end of Year 3 if
developer was not fully compensated for the $1 million contribution at that time
An incentive term of 20 years would then commence, with the developer receiving
a 50% sales tax rebate on the Buc-ee's tract, and a 25-50% rebate on the outparcels
(depending on the type of development)
❑ The 20 year term would partially, but not fully, compensate the developer for the
infrastructure cost of $5.2 million (including interest costs for financing the
infrastructure)
❑ The 20 year term would obligate the developer take measures (defined above) to
protect the neighborhood and minimize impact of the development
PRIOR ACTION/REVIEW (Council,Boards, Commissions)
❑ November 17, 2015 - City Council Work Session on Buc-ee's Project
❑ November 17, 2015 - City Council Closed Session discussion on incentives
❑ November 10, 2015 - City Council Closed Session discussion on incentives
❑ October 30, 2015 - City Council Closed Session discussion on incentives
❑ October 20, 2015 - City Council Closed Session discussion on incentives
❑ October 13, 2015 - City Council Closed Session discussion on incentives
❑ September 22, 2015 - Economic Development Partnership Board recommended
approval of an incentive for the project
EXHIBITS
1 - Preliminary Staff Report
2 -Aerial Map
3 - Zoning Map
4 - Future Land Use Map
5 - Preliminary Concept Site Plan
6 - Preliminary Elevations
7 - Public Infrastructure Costs
8 - Buc-ee's Presentation
9 - Draft Grant Agreement(under separate cover)
10 - Draft Ordinance (under separate cover)
Respectfully submitted:
Aimee Bissett
Director of Development Services
Buc-ee"sTravel Center Proposed Development
Proposed Location
Commercial development anchored by Buc-ee's
R Travel Center
Includes 53,000 square-foot retail store, fuel sales,
sv r car wash
2� �= Additional development on pad sites along 1-35E
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The proposed development is not a truck stop
Site
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Current Zoning
Regional Center Commercial Downtown (RCC-D)
with overlay conditions
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Rezoned from RCR-1 in 20o8
Conditions provide additional buffering to the
adjacent neighborhoods
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• Proposed uses are permitted, including Retail Sales
and Service, Quick Vehicle Servicing, and Drive-
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Overlay Conditions
landscaping
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landscaping
No building within 3.00-feet of 3
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50-fOOt landscaping buffer
No building within 3.00-feet of residential
Existing pond to remain
developments may exceed 40 feet in height
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Access Improvements
• The developer is willing to contribute $2 million in matching funds
up front to expedite access improvements along I -35E
• As a result, TxDOT has approved an additional $28 million, AND,
• The improvements are scheduled to be completed by Spring of
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Public Infrastructure Costs
• Wastewater Improvements $292, 500
• Water Improvements $250,775
• Storm Sewer $898, 595
• Paving $911,731
• City Street ROW Dedication s868,112
• Misc — street lights, $406,864
landscaping, etc
$5, 286,F 293
Neighborhood Meeting
• Two were held on the evening of November 11, 2015
• Notification was sent out to property owners within 500 feet of the
subject property (I.22notifications)
• 79 properties represented
• 40% - within 500 feet, 30% - in neighborhoods, 30% - community
• Topics of discussion included the hours of operation, buffer
requirements, traffic, visual impacts, lighting, tax incentives, and
crime
Neighborhood Considerations
• Photometric Design — used to mitigate light impact
• 2 . 28 acre Lot — used to mitigate distance concerns
• Pond amenity — stocked, walking trails, available to public
• Adjacent neighbors — provide input regarding landscaping buffer
and masonry wall
Incentive
• Rebate a percentage of local sales tax revenue
• Performa nce-based and new revenue only (mostly visitors)
• City would retain at least half of the sales tax revenue (net new
revenue of approximately $400,000 per year to the City)
• City would retain all of the property tax revenue (appx $350,000 per
year including all developed parcels)
• Net benefit to the City — equivalent to 1 cent property tax increase
without raising taxes
• Impetus for s5o million of TxDOT improvements by 2018
Incentive Tota l
• Reimbursement of actual infrastructure costs — $5. 2 million
• Reimbursement of all/partTxDOT Match - $z million
• Incentive Buc-ee's to take certain measures to protect the
neighborhood, including :
• Maintain setbacks
• Minimize light impact — photometric engineer
• Retain and amenitize the pond area with access, walking
trails, and seating
• Provide an opportunity for the homeowners whose property
lines directly border the development to give input regarding
the landscape buffer and the masonry & wrought iron walls
to be constructed
Exhibit 5
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1 1 1 288/Brinker/Mayhil
CSJ: 0196-01-106 Schematic Approval: Fcbruary 2011
Limits: IH-35E intersections with Brinker,Mayhill,and South Loop 288 Environmental Clearance: May 13,2016
Construct grade separation along IH 35E ROW Acquisition Completed: July 2016
Description: at Brinker and intersection
improvements at Mayhill and South Utility Relocations Complete December 2017
Loop 288
Construction Cost: $27,503,078 1100% Plans: August 5,2016
Contractor: OHL I Let Date: September 22,2016
TxDOT Contacts: Branden Barnett I Construction Complete: July 2019
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Current Activity:
• Construction: This project was awarded to OHL on September 22, 2016, for a total construction
cost of$27,503,078. The contract allows for 442 working days and 17 months of barricades. See
attached TxDOT construction report. Project is currently in Phase 1, Step 2 configuration. It is
estimated that this configuration will remain in effect until December 26-27, 2018, when the traffic
switch is expected to occur. TxDOT is working with OHL to expedite the Brinker portion of the
project.
• City participation: Funding $2.1 million for local match on Brinker underpass.
City of Denton On-system Projects Update: October 2018 8
TxDOT Monthly Project Report
Date of report: September 12, 2018
Report prepared by: Branden Barnett
Project: STP 2017(083)MM
Control: 0196-01-106
Highway: IH 35E
Limits: From: State School Rd/Mayhill Rd(FM 2499)
To: SL 288
Contractor: OHL
TxDOT Project manager: Branden Barnett Phone: (214) 392-1791
Contractor's Project Manager: Kalin Johnson
Contractor's Superintendent: Rick Clifton
Date Work Began: March 6, 2107
Anticipated Completion Date: July 2019
Current Activities:
Current activities include: Brinker Road wall construction, SL 288 bridge cap construction, drainage
along the northbound frontage road at Brinker Road.
Narrative description of last month's activities: SL 288 bridge construction(i.e., columns, abutments
and retaining walls). Drainage along northbound frontage road at Brinker Road. Temporary special
shoring at Loop 288 and Brinker Road.
Narrative description of activities planned for next month: Brinker Road bridge construction and
SL 288 bridge construction.
Traffic issues: High volumes of traffic.
Plans for changes in traffic patterns: Northbound frontage road various daily lane closures for
construction activities. Loop 288/IH-35E intersection closed 9/28/18— 10/1/18 for beam placement.
Item(s) of work currently controlling project completion: IH-35E northbound main lanes, Brinker
Road bridge, and LP 288 bridge construction.
Other items of significance: None
City of Denton On-system Projects Update: October 2018 9
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Exhibit 7
Project: Buc-ee's - Denton Project No.: 100530-09
Denton County- Denton, Texas
Developer: Buc-ee's, Ltd.
Date: November 12, 2015
Description: Rough Cost- No Design
Item Description Quantity/Unit Unit Price Total
Wastewater
8" Gravity Line 235 LF $80.00 $18,800.00
10" Gravity Line 1,980 LF $90.00 $178,200.00
4'-Dia. Wastewater Manhole 7 EA $12,000.00 $84,000.00
Wet Connection (Existing Line) 1 EA $4,000.00 $4,000.00
Testing and Trench Safety 1 LS $7,500.00 $7,500.00
SUBTOTAL Opinion of Probable Costs Wastewater $292,500.00
Water
12" C-900 Waterline w/appurtenances 2,535 LF $65.00 $164,775.00
Fire Hydrant 11 EA $4,000.00 $44,000.00
Service Connections 10 EA $2,500.00 $25,000.00
Wet Connection 3 EA $4,000.00 $12,000.00
Testing and Trench Safety 1 LS $5,000.00 $5,000.00
SUBTOTAL Opinion of Probable Costs Water $250,775.00
Storm Sewer
8'x6' RCB (Includes TxDOT Joint Use Section) 1,365 LF $450.00 $614,250.00
18" RCP 324 LF $70.00 $22,680.00
24" RCP 575 LF $75.00 $43,125.00
36" RCP 640 LF $125.00 $80,000.00
48" RCP 138 LF $180.00 $24,840.00
10' Curb Inlet 16 EA $3,000.00 $48,000.00
4-Sided Area Inlet 2 EA $4,500.00 $9,000.00
Junction Box 1 EA $6,200.00 $6,200.00
Exhibit 7
ESA Double 48" Headwall 2 EA $14,000.00 $28,000.00
Remove Existing Headwall 1 EA $7,500.00 $7,500.00
Storm Sewer Riser 2 EA $2,500.00 $5,000.00
Testing and Trench Safety 1 LS $10,000.00 $10,000.00
SUBTOTAL Opinion of Probable Costs Storm Sewer $898,595.00
Paving
Reinforced Concrete Pavement 14,926 SY $50.00 $746,311.11
Pavement Headers 1,130 LF $30.00 $33,900.00
5' Sidewalk 3,034 LF $25.00 $75,850.00
ADA Ramps 24 EA $1,100.00 $26,400.00
4" Striping&Crosswalks 7,485 LF $2.00 $14,970.00
12" Stop Bars and &STOP 8 EA $1,000.00 $8,000.00
Traffic Control 3 MO $2,100.00 $6,300.00
SUBTOTAL Opinion of Probable Costs Storm Sewer $911,731.11
Miscellaneous Items
Street Lights 18 EA $11,000.00 $198,000.00
Street Signs 30 EA $500.00 $15,000.00
Median Landscaping 647 SY $25.00 $16,175.00
City Street ROW Dedication 1 LS $868,112.00 $868,112.00
Park/Pond Plaza Amenity 1 LS $1,394,766.00 $1,394,766.00
Erosion &Sedimentation Controls (SWPPP) 1 LS $50,000.00 $50,000.00
Bonding, Insurance and Mobilization (5%) 1 LS $127,699.00 $127,699.00
SUBTOTAL Opinion of Probable Costs Miscellaneous Items $2,669,752.00
SUBTOTAL Public Improvements $5,023,353.11
20%CONTINGENCY: $ 10004,670.62
10% ENGINEERING AND PERMITTING: $ 502,335.00
3%CONSTRUCTION MANAGEMENT& INSPECTIONS: $ 150,701.00
TOTAL $ 6,681,059.73
Note:The above Engineer's Opinion of Probable Construction Cost is based on conceptual layout utilizing reasonable professional
judgment and experience and does not constitute a warranty,expressed or implied,that the actual cost will not vary.
*In Thousands Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15
Travel Center
Buc-ee's Annual Sales $ 25,000 $ 25,750 $ 26,523 $ 27,318 $ 28,138 $ 28,982 $ 29,851 $ 30,747 $ 31,669 $ 32,619 $ 33,598 $ 34,606 $ 35,644 $ 36,713 $ 37,815
Local Sales Tax Generated $ 375 $ 386 $ 398 $ 410 $ 422 $ 435 $ 448 $ 461 $ 475 $ 489 $ 504 $ 519 $ 535 $ 551 $ 567
Local Sales Tax Rebate $ (188) $ (193) $ (199) $ (205) $ (211) $ (217) $ (224) $ (231) $ (238) $ (245) $ (252) $ (260) $ (267) $ (275) $ (284)
City Property Tax Generated $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144
Pad Sites
Pad Site Annual Sales $ 4,341 $ 8,812 $ 13,417 $ 18,160 $ 18,705 $ 19,266 $ 19,844 $ 20,440 $ 21,053 $ 21,684 $ 22,335 $ 23,005 $ 23,695 $ 24,406 $ 25,138
Local Sales Tax Generated $ 65 $ 132 $ 201 $ 272 $ 281 $ 289 $ 298 $ 307 $ 316 $ 325 $ 335 $ 345 $ 355 $ 366 $ 377
Sites Local Sales Tax Rebate $ (33) $ (66) $ (101) $ (136) $ (140) $ (144) $ (149) $ (153) $ (158) $ (163) $ (168) $ (173) $ (178) $ (183) $ (189)
City Property Tax Generated $ 21 $ 41 $ 62 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82
Additional Contract Payment $ - $ - $ - $ - $ (529) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Total Tax Generated $ 605 $ 704 $ 805 $ 909 $ 929 $ 950 $ 972 $ 994 $ 1,017 $ 1,041 $ 1,065 $ 1,091 $ 1,116 $ 1,143 $ 1,171
Total Tax Rebated $ (220) $ (259) $ (300) $ (341) $ (880) $ (362) $ (373) $ (384) $ (395) $ (407) $ (419) $ (432) $ (445) $ (458) $ (472)
Net City Tax Received $ 385 $ 444 $ 505 $ 567 $ 49 $ 588 $ 599 $ 610 $ 622 $ 634 $ 646 $ 658 $ 671 $ 685 $ 699
Assumptions
1)Buc-ee's Travel Center sales:$25 million in Year 1 with a 3%annual growth rate
2)Pad site sales:$4.3 million in Year 1 with a 3%annual growth rate(based on comparable pad site sales in Denton;2 pad sites added per year for the first 4 years)
3)1.5%local sales tax rate
4)50%rebate used for both Buc-ee's and pad site sales
5)Property tax revenue is estimated for Buc-ee's and pad sites(no rebate on property tax;since the City is focused on budgeting to the effective tax rate,no annual growth rate was applied to property tax revenue)
6)Contract requires a one-time payment to reimburse the TOOT local match if total rebated sales tax is<$2 million in the first 5 years;payment will be the difference between the 5-year total rebate and$2 million
*In Thousands Year 16 Year 17 Year 18 Year 19 Year 20 Year 21 Year 22 Year 23 Year 24 Year 25 Total
Travel Center
Buc-ee's Annual Sales $ 38,949 $ 40,118 $ 41,321 $ 42,561 $ 43,838 $ 45,153 $ 46,507 $ 47,903 $ 49,340 $ 50,820 $ 911,482
Local Sales Tax Generated $ 584 $ 602 $ 620 $ 638 $ 658 $ 677 $ 698 $ 719 $ 740 $ 762 $ 13,672
Local Sales Tax Rebate $ (292) $ (301) $ (310) $ (319) $ (329) $ (339) $ (349) $ (359) $ (370) $ (381) $ (6,836)
City Property Tax Generated $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 144 $ 3,604
Pad Sites
Pad Site Annual Sales $ 25,892 $ 26,669 $ 27,469 $ 28,293 $ 29,142 $ 30,016 $ 30,917 $ 31,844 $ 32,800 $ 33,784 $ 581,127
Local Sales Tax Generated $ 388 $ 400 $ 412 $ 424 $ 437 $ 450 $ 464 $ 478 $ 492 $ 507 $ 8,717
Sites Local Sales Tax Rebate $ (194) $ (200) $ (206) $ (212) $ (219) $ (225) $ (232) $ (239) $ (246) $ (253) $ (4,358)
City Property Tax Generated $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 82 $ 1,932
Additional Contract Payment $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Total Tax Generated $ 1,199 $ 1,228 $ 1,258 $ 1,289 $ 1,321 $ 1,354 $ 1,388 $ 1,423 $ 1,458 $ 1,495 $ 27,925
Total Tax Rebated $ (486) $ (501) $ (516) $ (531) $ (547) $ (564) $ (581) $ (598) $ (616) $ (635) $ (11,723)
Net City Tax Received $ 713 $ 727 $ 742 $ 758 $ 774 $ 790 $ 807 $ 824 $ 842 $ 861 $ 16,201
2019 CITY COUNCIL NEETING S CHEDULE
Tuesday January 1 No Nbeting City offices closed I New Year's Day observed
1Vbnday January 7 Luncheon
Tuesday January 8 Work/Regular Session
Tuesday January 15 Work/Regular Session
Tuesday January22 No feting MKDrayHoliday I USCM Washington,DC, 1/23-25
Tuesday January 29 No Nbeting 5th Tuesday
Nbnday February 4 Luncheon
Tuesday February 5 Work/Regular Session
Tuesday February 12 2nd Tuesday Session
Tuesday February 19 Work/Regular Session
Tuesday February 26 4th Tuesday Session
Nbnday March 4 Luncheon
Tuesday Nhrch 5 Work/Regular Session
Tuesday Nhrch 12 No Nbeting TLC,Washington,DC, 3/10-13 I Spring Break,3/12-16
Tuesday Nhrch 19 Work/Regular Session
Tuesday Nhrch 26 4th Tuesday Session
Nbnday April Luncheon
Tuesday April Work/Regular Session
Tuesday April 9 2nd Tuesday Session
Tuesday April 16 Work/Regular Session
Tuesday April 23 4th Tuesday Session
Tuesday April 30 No Nbeting 5th Tuesday
Nbnday Nhy 6 Luncheon
Tuesday Nhy 7 Work/Regular Session
Tuesday Nhy 14 Election Nbeting Installation of CC Ntnibers Only
Tuesday Nhy 21 Work/Regular Session
Tuesday Nhy 28 No Nbeting Nbmorial Day, 5/27
Nbnday June 3 Luncheon
Tuesday June 4 Work/Regular Session
Tuesday June 11 2nd Tuesday Session
Tuesday June 18 Work/Regular Session
Tuesday June 25 4th Tuesday Session TCMA,Fort Worth, 6/27-30
Nbnday July 1 No Luncheon USCM Boston,NIA 6/28-7/1
Tuesday July 2 No Nbeting
Tuesday July 9 No Nbeting
Tuesday July 16 Work/Regular Session
Tuesday July 23 4th Tuesday Session
Tuesday July 30 No Nbeting 5th Tuesday
Thursday August 1 Budget Workshop
Nbnday August 5 Luncheon
Tuesday August 6 Work/Regular Session
Tuesday August 13 2nd Tuesday Session
Tuesday August 20 Work/Regular Session
Tuesday August 27 4th Tuesday Session
2019 CITY COUNCIL NEET NG S CHEDULE
Nbnday September 2 No Luncheon Labor Day Holiday
Tuesday September 3 No Nbeting
Tuesday September 10 Work/Regular Session
Tuesday September 17 Work/Regular Session
Tuesday September 24 4th Tuesday Session
Tuesday October 1 No Nbeting Rosh Hashanah I National Night Out
Nbnday October 7 Luncheon
Tuesday October 8 2nd Tuesday Session'' Ex Yom Kippur I TW San Antonio, 10/9-11
Tuesday October 15 Work/Regular Session
Tuesday October 22 4th Tuesday Session
Tuesday October 29 No Nbeting 5th Tuesday
Nbnday November 4 Luncheon
Tuesday November 5 Work/Regular Session
Tuesday November 12 2nd Tuesday Session
Tuesday November 19 Work/Regular Session TIC, San Antonio,TX 11/20-23
Tuesday November 26 No Nbeting Thanksgiving, 11/28-29
Nbnday December 2 Luncheon
Tuesday December 3 Work/Regular Session
Tuesday December 10 2nd Tuesday Session
Tuesday December 17 Work/Regular Session
Tuesday December 24 No Nbeting Hanukkah, 12/23-30 I Christmas, 12/24-25
Tuesday December 31 No Nbeting 5th Tuesday
**Nbeting to end by 6 p.m.
ANbnday luncheon has been scheduled for the first Nbnday ofeach month.
The months in purple have only one action meeting.
CITY
OF
DENTON
CITY OF DENTON
Development Review Comments
DATE August 13, 2018
Project Number: SP18-0031
Project Name: Park 7
Project Manager: Julie Wyatt at 940-349-8585 or julie.wyatt@cityofdenton.com
Status: RETURN FOR REVIEW
The following comments are provided based upon your recent submittal to the City of Denton.
If a resubmittal is required, a cover letter addressing each staff review comment individually must be provided. If a cover
letter is not provided, or does not include the required information,the re-submittal will not be accepted. The cover
letter must include the following information:
A) Restate each comment posted by staff
B) Respond to each comment with a description of the revision(s) made to satisfy the comment and the page where
the revision(s) may be located;
C) Identify any additional changes/revisions made to the document other than those required by staff, or a
statement should be provided that "no additional changes have been made."
The re-submittal checklist can be found here: https://www.citvofdenton.com/CoD/media/City-of-
Denton/Business/Development%20Review/Apply%20for%20a%20prolect/Resubmittal-Checklist.pdf
Please allow a maximum of 10 business days for staff to complete the resubmittal review.
Commenting Department: PLANNING
Reviewed By:Julie Wyatt
Contact:julie.wyatt@cityofdenton.com (940) 349-8585
Status: RETURN FOR REVIEW
Comments requiring action:
PLN 1. A replat for the subject property was approved on August 9, 2017. It must be filed with Denton County prior
to approval of a building permit.
PLN 2. Ensure that all lot and building square footage is consistent on every exhibit. Currently,there are
discrepancies between the site plan and landscape plan
PLN 3. Revise the Cover Sheet to reflect the zoning of DC-G and DR-2.
PLN 4. Exhibits G1 and G 2
a. Add the fence material and height
b. Add the square footage of lot coverage.
c. Revise the DC-G zoning summary table to reflect a maximum building height of 100 feet and no required
setbacks
d. Revise the DR-2 zoning summary table to reflect a maximum building height of 45 feet.
e. The City of Denton has recently adopted new parking requirements; however, due to the project's
timing,the previous parking requirements can be used. Provide a parking analysis based upon the
number of units,the bedrooms associated with the units, the parking required for the unit type,the
parking required, and the parking provided.
1
f. COMMENT REVISED DUE TO STAFF CALCULATION ERROR. 537 SPACES REQUIRED. It does not appear
that adequate parking has been provided. Staff calculates that 554 spaces are required. Revise the
proposal to meet the requirements. If the applicant requests a mixed-use parking reduction in
accordance with Section 35.14.7.C, provide data demonstrating that the peak demands of the uses are
offset. Staff will review and approve or deny the request. Any approved reductions must be reflected in
the Parking Analysis shown on the site plan.
g. Add the number of Bicycle parking spaces to the parking analysis.
h. Add the minimum unit size to the Project Data.
i. It does not appear that adequate pedestrian access into the building is provided. Buildings shall be
directly accessed from the street and the sidewalk. A minimum of 1 ground floor pedestrian entrance
must be oriented toward the street and include a porch. (Section 35.13.13.2.A.1.g). Clearly label all
pedestrian entrances into the residential portion of the building and provide appropriate pathways.
j. An area equal to at least 8 percent of the lot area, excepting required setbacks, shall be dedicated to
open space for recreation for use. Designate open space area on the site plan and provide the proposed
ground cover and percentage of lot area. If balconies and patios are used toward the open space
requirement, provide the percentage of lot area.
k. All mechanical equipment, including those on roof tops, must be screened from rights-of-way and
residential uses and districts (Section 35.13.9.B.2). Provide the location of all mechanical equipment and
screening mechanism.
I. Show the solid waste containers on the site plan and dimension the approach.They should be screened
from public view.
m. If the parking garage includes controlled access,the "call box' should be placed in a location to allow for
sufficient queuing. Indicate the location of any access gates and call boxes.
PLN 5. Exhibit M1-M3
a. Provide the dimension of the parkway and evidence that the proposed street trees can be supported in
the available soil volume.
b. L the ground cover materials in the courtyard and location and square footage of each.
c. Label the ground cover materials in the landscape area.
d. Provide the proposed tree species and label each-the proposed street trees must be either medium or
large trees on the approved tree list from DIVE (where there are overhead power lines) and in the Site
Design Criteria Manual.
e. Trees used to meet the minimum preservation or mitigation may not be counted toward the minimum
canopy. Label each preserved and mitigated tree on the landscape plan and provide a separate line item
in the tree canopy calculation.
f. Label the planting material or provide a legend
g. Provide a landscape data table that includes:
i. The square footage of the lot.
ii. The approximate square footage of the lot covered by existing tree canopy.
iii. The square footage of lot covered by new tree canopy. Calculate percentage of approximate
mature canopy.The square footage and percentage of the lot in pervious landscaped areas.
iv. The number of required and provided street trees with species.
v. All proposed planting material, numbers or square footage.
PLN 6. Elevations
a. Revise the elevation to ensure entrances are clearly visible from the street and sidewalk and pedestrian-
scaled. Distinctive architectural elements and materials, such as ornamental glazing or paving, over
doors, porches,trellises or planter boxes, and lighting are acceptable. (Section 35.13.13.2.A.1.g).
b. The wall area of the front fagade must comprise of at least 25 percent windows and doors. Shutters,
trim, or false windows will not be counted toward the requirement. Provide the percentages on
elevation (Section 35.13.13.2.A.1.b).
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c. The wall area of all fagades (other than front fagade)that face a public or private right-of-way, excluding
alleys, must comprise of at least 10 percent windows and doors, or one window or door per sleeping
area, whichever provides for greater coverage of windows and doors. Shutters,trim, or false windows
will not be counted toward the requirement. Provide the percentage on elevations (Section
35.13.13.2.A.1.b).
d. COMMENT REMOVED. SINCE THE PROPOSED BUILDING IS MIXED USE, COMMENT DOES NOT APPLY.
Forty percent of the total net exterior wall area of each building elevation, excluding gables, windows,
doors and related trim, shall be brick, stone, or masonry. The balance of the net exterior wall may be
wood clapboard siding, wood beaded siding, stucco, masonry, HDO board or other high quality material
customarily used for the building and neighborhood style (Section 35.13.13.2.B.2). Revise the proposal
to meet the requirement and provide the percentage on the elevations.
e. COMMENT REMOVED. SINCE THE PROPOSED BUILDING IS MIXED USE, COMMENT DOES NOT APPLY.
Multi Family Developments greater than 30 units and/or more than 3 buildings may not use the same
exterior design for more than 30 units in a project.A variety of compatible exterior materials' use and
type, building styles, massing, composition, and prominent architectural features, such as door and
window openings, porches, rooflines, shall be used (Section 35.13.13.2.A.3). Revise the elevations to
meet this requirement.
f. It appears that the structure in the DR-2 District exceeds the maximum building height. Provide an
accurate building height and indicate the zoning line on the elevations. Building height is determined by:
The vertical distance to the highest point of the roof for flat roofs, measured from the curb level if the
building is not more than 10 feet from the front property line or from the grade in all other cases.
(Subchapter 23).
g. COMMENT REMOVED. SINCE THE PROPOSED BUILDING IS MIXED USE, COMMENT DOES NOT APPLY.
Residential Proximity Slope. Provide an exhibit demonstrating that the proposal meets the Residential
Proximity Slope requirements in DDC Section 35.13.13.2.A.1.e or provide evidence that no single family
homes are located within the vicinity of the project.
PLN 7. A photometric plan is required, but can be provided at building permit.
Informational Comments
PLN 1.The request is for site plan approval for a multi-family development.The subject property is governed by DC-
G and DR-2 Districts.All development within each district must conform to the use and dimensional
requirements associated with that district.
PLN 2. PLEASE NOTE, IN ACCORDANCE WITH SECTION 245.002(E) OF THE TEXAS LOCAL GOVERNMENT CODE,AND
SECTION 35.16.8.(F) OF THE DENTON DEVELOPMENT CODE THE CITY REQUIRES THAT IF AN APPLICATION IS NOT
COMPLETED ON OR BEFORE THE FORTY-FIFTH (45) DAY AFTER THE DATE THE APPLICATION IS FILED THE
APPLICATION WILL BE DEEMED TO HAVE EXPIRED AND IT WILL BE RETURNED TO THE APPLICANT TOGETHER
WITH ANY ACCOMPANYING DOCUMENTS. THEREAFTER A NEW APPLICATION MUST BE SUBMITTED AND THE
CITY MAY RETAIN ANY FEE PAID FOR REVIEWING THE APPLICATION FOR COMPLETENESS.
Commenting Department: DRC ENGINEERING
Reviewed By:Tracy Beck
Contact:tracy.beck@cityofdenton.com (940)349-8925
Status: RETURN FOR REVIEW
GENERAL/RESOURCES/INFORMATION:
G1. Address engineering comments below and redlines uploaded to Project Dox under Supporting Docs titled
Red linesEngRevSP#1.pdf. Respond to redlines by marking up redlines (electronically or by hand) and uploading to
Supporting Docs with formal resubmittal.
G2. Additional comments will be forthcoming upon the Traffic Impact Analysis and Pedestrian Analysis and
additional information requested in the redlines.
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G3. INFORMATION: Cart Service will be allowed for the three proposed duplex units
G4. INFORMATION: Trees,fences, encroachments, and/or structures will not be allowed in drainage, detention,
and/or public utility easements.
G5. INFORMATION: Any off-site easements required for construction of any aspect of the subject site must be
received and filed prior to approval of the Final Plat.
G6. RESOURCE/INFORMATION: Refer to Frequently-UsedResourceEngineeringResources.pdf uploaded to Project
Dox under Supporting Docs to find Asbuilt/Record Drawings, Criteria Manuals, Standard Details, Development
Agreements/3-way Contract forms and instructions. DRC Engineering is available to meet with the engineer and owner
to discuss comments. Please email Tracy.Beck@CityofDenton.com to schedule a follow up meeting.
G7. INFORMATION: Possible Engineering-Related Development Fees:
a) Road Impact Fees-City Ordinance No. 2016-189
b) Water&Sewer- Meter/Tap/Impacts/Hydrant(See on-line City Fee Schedule)
o Fees to include: Water and Sewer Impact Fees (credit would be issued for any existing or recently removed
meter to be abandoned), Water and Sewer Tap Fees, Water Meter Set Fee, and cost of multi-meter header.
o Anticipated fee plan will include providing credit (likely 1 SFE) for existing water meter if meter is to be removed
and not re-used for irrigation. New fees will be based upon 6 new meters likely assessed 1 SFE each.
c) Public Works Inspection Fee(3.5%of applicable construction costs)
d) Public Works(CEP) Plan Review Fee (1.0%of applicable construction costs)
G8. INFORMATION: Development Agreements (aka 3-WAY CONTRACTS). Please be advised this project includes the
construction of public improvements such as, but not limited to: Public sidewalks and ramps, pavement, sanitary sewer,
and storm sewer.
a) When Public Improvements are required for a project, prior to filing of Final Plat, scheduling a pre-construction
meeting or prior to beginning construction, completion of a Developers Agreement (3-Way Contract) must be executed
with bond payment for cost of all public improvements, along with submittal of 3.5% Inspection Fee payment check.
b) For commercial developments only,Applicant may construct private improvements simultaneously with the
public improvements.
Commenting Department: ELECTRIC
Reviewed By: Daniel Howington
Contact: Daniel.howington@cityofdenton.com (940) 349-7168
Status: RETURN FOR REVIEW
Action Items
•Please show electric lines& equipment on all applicable sheets as marked on Exhibit J —utility Plan.
Action Items Upon Issuance of Permit
•Provide Customer Requirements Document to Denton Municipal Electric (DME) Engineering staff for record keeping
purposes
•Provide drawing of civil plans in an AutoCAD format to Daniel Howington at daniel.howington@cityofdenton.com for
DME Electric Engineering staff to use in preparing a construction drawing for electric utilities to the development
•Provide Contact information for General Contractor
•Provide Contact information for Electrical Contractor
•Provide DME engineering with documentation of requested easements upon dedication.
DME Electric Service Standards
Electric utility installation for Park Place Denton shall be per the DME Electric Service Standards. The Electric Service
Standards are available on-line at the URL https://www.cityofdenton.com/government/departments/denton-municipal-
electric/about-dme or go to cityofdenton.com click on Departments in top ribbon, scroll to Denton Municipal Electric
and click on the Go To Denton Municipal Electric Page, click the About DME icon, and click on Electric Service Standards.
Per these standards,the developer is responsible for installation of any and all civil work required by DME to provide
electric service to the development, including, but not limited to; furnishing equipment and labor to lay out and dig
trenches, placing conduit in trenches, installing transformer and switchgear foundations, and placing electrical
connection boxes.
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Transformer Location
The DME transformer location marked in the site plan submitted on 07/25/18 is acceptable to DME.The transformer
location as marked meets DME building clearance requirements and DME accessibility requirements. Please show
transformer location marked on Exhibit J—Utility Plan on all applicable plan sheets.The transformer doors shall open to
the north toward the driveway.
Guidelines for Transformer Placement
•Clearance requirements near transformers shall be per Appendix C drawings from the DME Electric Service Standards
•Roofs, canopies, overhangs, or other obstructions directly above a transformer clearance area must be at least 25'
above the transformer pad top elevation
•DME must be able to access the transformer location with a heavy-duty construction truck with outriggers for
installation, maintenance, and future replacement.Access shall be paved and able to accommodate the heavy-duty
construction trucks
•Developer shall install poured concrete pads for all transformers unless otherwise agreed to in writing by DME. Pad
detail requirements will be provided by DME upon building plan approval
•All transformers within 5' of vehicular traffic will require installation of safety bollards by the developer. Bollard details
will be provided by DME upon building plan approval
The City of Denton requires the following plan stamp on all new final plats:
IMPORTANT NOTICE:
THE CITY OF DENTON HAS ADOPTED THE NATIONAL ELECTRICAL SAFETY CODE (THE "CODE"). THE CODE GENERALLY
PROHIBITS STRUCTURES WITHIN 17.5 FEET ON EITHER SIDE OF THE CENTER LINE OF OVERHEAD DISTRIBUTION LINES
AND WITHIN 37.5 FEET ON EITHER SIDE OF THE CENTERLINE OF OVERHEAD TRANSMISSION LINES. IN SOME INSTANCES
THE CODE REQUIRES GREATER CLEARANCES. BUILDING PERMITS WILL NOT BE ISSUED FOR STRUCTURES WITHIN THESE
CLEARANCE AREAS. CONTACT THE BUILDING OFFICIAL WITH SPECIFIC QUESTIONS.
Easements
No obstructions shall be constructed within any easement area that accommodates any city utilities unless agreed to in
writing by all pertinent city utility departments.
PrimaryConduit System
Routing of the primary conduit system shall be determined by DME and shall not be changed without written approval
of DME Electric Engineering. The developer must allow DME to inspect and supervise installation of the primary conduit
system and shall provide DME a minimum of 24 hours' notice prior to when inspection and supervision is required.
DME will provide the materials for the primary conduit system, but the developer is responsible for the backfill,
including any required concrete.The developer is responsible for picking up materials for the primary conduit system at
the City of Denton warehouse at 901 Texas Street.
National Electrical Safety Code
The developer is responsible for maintaining the level of care set forth by the latest State of Texas and City of Denton
adopted National Electrical Safety Code for existing and planned electric utilities in all developments.
Landscaping
Developer is not to plant canopy trees that will grow into overhead electric lines. Developer is not to plant landscaping
that will block access to DME Facilities (see Electric Service Standards Appendix C). Developer is not to place plants with
thorns near DME facilities.
Customer Requirement Documents
Separate DME Customer Requirement Documents are required to be submitted to DME for each building within the
proposed development. The DME Customer Requirements Documents are available on line at the URL
https://www.cityofdenton.com/government/departments/denton-municipal-electric/about-dme or go to
cityofdenton.com click on Departments in top ribbon, scroll to Denton Municipal Electric click on Go To Denton
5
Municipal Electric Page, click the About DME icon, and then click on the appropriate document. For Park Place Denton
the DME Customer Requirement Document—Commercial and Industrial short form would be filled out.
Please fill out the Customer Requirements Document and e-mail to daniel.howington@cityofdenton.com. Receipt of the
Customer Requirements Document is required to start the DME design process for electric facilities to serve the
development.
Development Plans
The developer shall provide an AutoCAD file of the development for DME to use in the preparation of Construction
drawings for installation of DME electric facilities. At a minimum,the file shall include all wet utilities, a paving plan, and
a grading plan in a single bound file. Receipt of the AutoCAD file is required to start the DME design process for electric
facilities to serve the development. DME staff will treat the AutoCAD file as confidential and not share with other
entities without approval from the developer.
Future Building Plan Comments
Future DME comments will provide details on the transformer foundation,transformer size and impedance, allowable
customer service cable in the transformer, metering details, and other information as deemed necessary by DME.
Commenting Department:WATER ADMINISTRATION
Reviewed By: Deborah Viera
Contact: Deborah.viera(aD_cityofdenton.com
Status:APPROVED
Commenting Department:TREE CODE
Reviewed By: Haywood Morgan
Contact: Haywood.morgan@cityofdenton.com (940) 349-8337
Status: RETURN FOR REVIEW
Comments that are required to be addressed:
TC 0101 Clearly state how you intend to mitigate the 109 diameter inches of trees. Mitigation may be in the form of
replanting additional trees on site (beyond required landscape trees) or payment in the City's tree fund at a rate of$125
per diameter inch. If you chose to plant, additional trees clearly mark the mitigation trees on the landscape plan with a
bold capital "M".
Informational Comments:
TC 0101 The Tree Preservation Plan submitted satisfies the Tree Code requirement.
Commenting Department:GAS WELL INSPECTIONS
Reviewed By: Hayley Zagurski
Contact: Hayley.zagurski@cityofdenton.com (940) 349-7785
Status:
Informational Comment:
There are no gas well drilling and production sites within 1000 feet of the subject property.
Commenting Department: FIRE PREVENTION
Reviewed By: Megan Schuth
Contact: megan.schuth@cityofdenton.com (940)349-8355
Status: RETURN FOR REVIEW
F101.This submittal has been reviewed for compliance with the 2012 International Fire Code and City Ordinance 2015-
197, Section 29-2 Amendments to the Fire Code.The applicant is responsible for compliance with all applicable portions
of the Fire Code and City Ordinances even in the absence of review comments.
OMMISSION OF PLAN REVIEW COMMENTS DOES NOT CONSTITUTE APPROVAL TO VIOLATE ANY PORTION OF THE FIRE
CODE.
6
F102.Action Required. Fire access is inadequate. Bryan Street and Normal street allow parking on one side of the street,
which leaves the clear access under 26' in width. All streets (Scripture, Bryan, and Normal) have overhead power lines.
None of the streets are able to provide the required aerial fire access for the proposed 4-5 story building.
Revise to show adequate fire access in accordance with 2012 International Fire Code Appendix D, Section D105 Aerial
Fire Apparatus Access Roads
D105.1 Where required. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level
of fire department apparatus access shall be provided with approved fire apparatus roads capable of accommodating
fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway.
D105.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders,
in the immediate vicinity of any building or portion of building more than 30 feet in height.
D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a
minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of
the building.
Commenting Department: REAL ESTATE
Reviewed By: Mark Laird
Contact: mark.laird@cityofdenton.com (940) 349-8924
Status: General Information
GENERAL COMMENTS AND INFORMATION:
REGC1. If offsite easements are required as a condition of this development, three sets of legal descriptions and
illustrations defining the area(s), signed and sealed by a licensed surveyor as well as a copy of the latest deed(s) showing
the current ownership of the tract will need to be submitted to the Real Estate Group. The easement documents will be
drawn up, and it will be the developer's responsibility to have the documents executed by the respective parties.The
plat will not be filed of record until the offsite easements have been acquired and accepted. Contact the Real Estate
Group with any questions. Please note that all dedications will need to have clear title and be clear of any land
restrictions before acceptance can be granted by the City of Denton.
REGC2. Should you desire to abandon any public easements located within this parcel, it will be necessary to file a
separate "Request for Abandonment" and enter into an "Easement Abandonment Agreement" with the City of Denton.
Abandonment of public easements must be executed before plat will be filed for record. Plan accordingly, as the
abandonment process must go through PUB (Public Utilities Board) as well as the Denton City Council for approval.
Please contact Mark Laird with the Real Estate Group with any questions or comment, mark.laird@cityofdenton.com or
by phone at (940) 349-8924.
Commenting Department: PARKS
Reviewed By:Jason Donnell
Contact:
Status: RETURN FOR REVIEW
Park Dedication Ordinance 98-039 applies to developments of 5 or more dwelling units. Please provide number and type
of dwelling units. For questions please contact Jason Donnell Jason.DonnelI@cityofdenton.com 940-349-8275
7
Conditional Approvals and Overlays Approved since 2015
Project Name Project Type Approval Date Conditions Met
Rayzor Ranch Zoning Overlay Conditions Currently meeting all requirements
Elk Springs(Epic Apartments) Specific Use Permit Conditions 5/12/2015 Met all requirements
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. A perimeter fence with a"wrought"iron
appearance,with taller posts topped by a cast stone
column cap every 24 feet will be installed along the
perimeter of the site. The setback of the proposed
homes will be 50 feet minimum from the existing
curb. The developer, and later a homeowner's
association,will take responsibility for
maintenance and irrigation of all open spaces and
Fireside Park Zoning Overlay Conditions 7/21/2015 site amenities.
2. Except for glazing,doors, and trim,the exterior
of the homes shall be of vitrified clay brick or stone
for all vertical surfaces with a direct load path to
the foundation.
3. Three-car Garages shall not face the public or
private right-of-way where the entrance/address is
located.
4. Any ingress or egress to the subject property
shall not remove the on-street bike lane on Hinkle
Drive.
Majestic on McKinney Apartments Specific Use Permit Conditions 7/21/2015 Met all requirements
New ATM Drive-Through AccessBank Texas Specific Use Permit Conditions 10/20/2015 Met all requirements
DME Locust Substation Specific Use Permit Conditions 1/5/2016 Met all requirements
Meadow View Lofts Specific Use Permit Conditions 1/5/2016 Met all requirements
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. The Elderly Housing use must substantially
comply with the attached Site Plan and Landscape
Plan, attached as Exhibit A and incorporated
herein; and
Denton Rehab/Nursing Center Zoning Overlay Conditions 5/10/2016 2. The maximum building square footage shall be
60,730 square feet; and
3. The structure must maintain a 15-foot Type "C"
Buffer on the North property line adjacent to the
single-family dwellings; and
4.No additional parking spaces are permitted.
North Elm Street Apartments Specific Use Permit Conditions 2/7/2017 Met all requirements
Conditional Approvals and Overlays Approved since 2015
Project Name Project Type Approval Date Conditions Met
Have not submitted a site plan or building permit. The
conditions have been placed on property.
1. The proposed development must substantially
conform to the attached Site Plan,Landscape Plan,and
Grading Plan as submitted,including:
a.A 5-foot curb inlet filter with a replaceable media
pack shall be installed and maintained in the northwest
corner of the site as depicted on the attached Site Plan.
b. The applicant must submit three reports per calendar
year to the Planning Division demonstrating that the
curb inlet filter has be inspected and maintained a
minimum of three times per year or when debris and
accumulation reaches 80%of filter capacity.
Additionally,the reports must provide confirmation that
Quik Trip Specific Use Permit Conditions 2/7/2017 the media packet has be replaced at least once per year
or when the media pack is 50%coated with
contaminants.
c.A marked pedestrian connection must be installed to
connect the sidewalk on North Carroll Boulevard with
the retail building.
d.Four existing trees that are currently planted in the
new parking area shall be relocated on the site as
depicted in the attached Landscape Plan.
e.Four additional 2-inch caliper large canopy trees from
the Landscape Plant List must be planted onsite in
accordance with the Landscape and Tree Canopy
Requirements outlined in Section 35.13.7.B of the
Denton Development Code.
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. Comply with the site plan, landscape plan
attached.
2. Will meet or exceed the requirements of DDC
35.13.13.2; however EIFS shall be permitted only
The Standard/The Hudson at MedPark Specific Use Permit Conditions 3/21/2017 as accent building materials limited to 10% of the
total building fagade.
3.No pole signage shall be used along
Hudsonwood Drive. Signs shall be designed in
accordance with dimensional requirements in
Chapter 33 of the Code of Ordinances.
Conditional Approvals and Overlays Approved since 2015
Project Name Project Type Approval Date Conditions Met
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. The proposed use must be restricted to existing
buildings on Lots 1R,2R, 3R, and 4R, Block A, of
the Denton Bible Church Addition,as is reflected
on the attached Site Plan. Existing landscaping
coverage and parking counts must be maintained as
Denton Calvary Academy High School Specific Use Permit Conditions 5/2/2017 is reflected on the attached Site Plan.Any changes
to the building footprints,parking counts,parking
lot layouts, or landscaping area on Lots 1R,2R or
3R must be approved by amending the SUP. Lot
4R can develop with uses permitted in the NRMU
District under the standards of the Denton
Development Code without amending the SUP.
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. Comply with the site plan, landscape plan, and
Riney Road Apartments Specific Use Permit Conditions 8/1/2017 elevations exhibit"B"
2. Shall include secure bicycle parking at a ratio of
one bicycle parking stall for every ten vehicle
parking spaces provided.
Justice Plaza Zoning Overlay Conditions 10/17/2017 Meeting all requirements
Retreat at Denton Specific Use Permit Conditions 12/5/2017 Meeting all requirements
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. Single-family Dwellings shall be the only
Cope Addition Denton Zoning Overlay Conditions 12/5/2017 permitted use.
2. A maximum of 86 Single-family Dwellings may
be developed.
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. Single-family Dwellings shall be the only
Yale Development Audra and Nottingham Zoning Overlay Conditions 12/5/2017 permitted use.
2. A maximum of 33 Single-family Dwellings may
be developed.
Palladium Denton Specific Use Permit Conditions 12/15/2017 Currently meeting all requirements
Conditional Approvals and Overlays Approved since 2015
Project Name Project Type Approval Date Conditions Met
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. Single-family Dwellings shall be the only
permitted uses.
Audra Tract Rezoning Zoning Overlay Conditions 2/6/2018 2. A maximum of 54 single-family dwellings may
be developed.
3. Minimum front setbacks shall be no less than 20
feet.
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. A full site plan submittal shall be required to
ensure each phase of the development complies
with the requirements of the Denton Development
Code in terms of site design, landscaping,parking,
and building design as provided in DDC 35.6.3 and
is generally consistent with the Concept Plan
provided in Exhibit B.
Mingo Road Apartments Specific Use Permit Conditions 2/8/2018 2. The Site Plan shall substantially comply with the
Concept Plan, specifically with regard to the
following items:
a. The setbacks from adjoining single family
residences shall not be reduced beyond what is
shown.
b. The dumpster location shall not be closer to
single family residences.
c. Preserve Protected Trees and those trees shown
on the concept plan.
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. A full site plan submittal shall be required to
ensure the development complies with the
requirements of the Denton Development Code in
Coventry II Apartments Specific Use Permit Conditions 2/20/2018 terms of site design, landscaping,parking, and
building design as provided in DDC 35.6.3 but
shall be in conformance with the concept plan
(Exhibit B) as submitted.
Conditional Approvals and Overlays Approved since 2015
Project Name Project Type Approval Date Conditions Met
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. There shall be no uses permitted other than
single family attached dwelling units, including
townhouses, or single family detached dwelling
units.
Colorado Townhomes Zoning Overlay Conditions 5/1/2018 2. The overall density shall not exceed ten dwelling
units per acre.
3. Buildings which are contiguous to the residential
neighborhoods shall have a maximum height of two
stories.
4. Installation of an eight foot tall fence along
adjacent properties.
Have not submitted a site plan or building permit.
The conditions have been placed on property.
1. The permitted uses within the DC-N District
People's Funeral Home Upgrade&Expansion Zoning Overlay Conditions 8/7/2018 shall be restricted to Mortuary.
2. The maximum building height shall be limited to
one-story.
Creekside Zoning Overlay Conditions 9/12/2018 Currently meeting all requirements
A"
BUILDING
RESILIENT NEIGHBORHOODS
TOGETHER !
THE ANNUAL
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NEIGHBORHOOD
EMPOWERMENT
SUMMIT ML 13
SATURDAY, OCTOBER
LEARN MORE ABOUT OUR NEIGHBORHOOD GRANTS
9 A IVY - 1 P NI
MLK JR. RECREATION CENTER
1300 WILSON ST DENTON, TX 76205
To make appropriate accommodations, register at
www.cityofdenton.com/neighborhoodplanning or contact Ron Menguita at
Ron.menguita@cityofdenton.com or call at (940) 349-8328 by October 10.
FRFF RFG�S
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-4RF, �4Yi DENTON CNeighborhNoodsINGPROGRAM
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CUMBRE .
JEMPODERAMIENTO
DE VECI N DARIOS
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OCTUBRE
APRENDA MA'S SOBRE LAS AYUDAS FINANCIERAS PARA VECINDARIOS
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iCUIDADO DE NINOS GRATIS!
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Para hacer los arreglos apropiados, registrese en nuestra pagina web
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Octubre. Para servicio en esapnol, comuniquese con Monica Salcedo al correo
electronico Monica.salcedo@cityofdenton.com o llame al (940) 349-8066.
i RFG js �
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• CITY OF DENRON NEIGHBORHOOD PLANNING PROGRAM
Date: October 12, 2018 Report No. 2018-147
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Update on plans to begin Feline Leukemia Virus (FeLV) and Feline Immunodeficiency Virus
(FIV)testing at the Denton Animal Shelter.
BACKGROUND:
Following recent feedback from concerned community members regarding the need to properly
screen for FeLV and FIV at the Denton Animal Shelter, the City Manager's Office and Animal
Shelter staff polled several animal shelters around the DFW Metroplex for best practices. Based
on the research conducted, testing cats at the time of sterilization is the regional industry
standard.
Using the regional industry standard as a guide, staff will begin testing all cats at the time of
sterilization starting November 1. The anticipated annual cost to conduct the FeLV/FIV test is
$21,000. This estimate is based on approximately 1,400 cats being sterilized at the shelter per
year and a cost of$15 per cat to conduct the test. For FY 2018-2019, staff will use funding from
the Animal Shelter's Medical Donations Special Revenue Fund to cover the expense. This will
be a budgeted operating line item in future fiscal years.
Starting on September 12, 2018, Animal Services began providing written notice in cat adoption
packets along with a verbal notification at the time of adoption that cats currently in the shelter
have not been tested for FeLV or FIV. This information will remain in the packet until all cats at
the shelter have been tested.
ATTACHMENT:
Regional FeLV/FIV Screening Research
STAFF CONTACT(S):
Paul O'Neill
Animal Services Supervisor
Denton Police Department
Paul.ONeill@cityofdenton.com
940-349-7598
Animal Shelter FeLV/FIV
Screening Research
Hours of Operation Animal Adoption Fees Website Phone Cat Leukemia Testing Process Test Administered/Cost
Monday—Friday 10 a.m.—6 p.m.
Arlington Second Tuesday each month 11 a.m.—6 p.m.
Saturday 10 a.m.—4 p.m. Conducts FELV/FIV testing at the time of Idexx Snap Test, $13.49 per
Closed Sunday $100 for a dog and $90 for a cat http://www.arlington-tx.gov/animals/ (817) 459-5898 sterlization. cat
Monday 10 a.m. -5 p.m.
Tuesday 10 a.m.-6 p.m.
Wednesday 10 a.m. -5 p.m. Conducts the tests on a request basis from
Carrollton Thursday 10 a.m. -6 p.m. rescue groups. Only test cats when they
Friday 10 a.m. -5 p.m. https://www.cityofcarroIIton.com/depart need to be made "more desirable" for Idexx Snap Test, did not
Saturday 1:30 p.m. -5 p.m. $10 Adoption ments/departments-a-f/animals- adoption or to have taken on by other have cost information
Sunday& Holidays Closed $5 City License (residents only) services/animal-adoptions (972)466-3420 shelter facilities. readily available
Fort Worth Test all cats prior to adopting them out.
Monday-Sunday: Noon-6 p.m. (All services, Dogs $49 Require medical waiver prior to adopting Manufacturer information
including adoptions, reclaims and rescues) Cats $25 http://fortworthtexas.gov/animals/ (817) 392-1234 out cats with FeLV or FIV not readily available
Normal adoption fees are $70 per animal,
which include sterilization, microchip
Grand Prairie Sunday-Monday: Closed implantation, core vaccines, rabies https://www.gptx.org/city- FeLV/FIV Test administered to all cats. Test
Tuesday-Friday: 10 a.m.-6 p.m. vaccination, and heartworm testing, if government/city-departments/animal- is conducted at the time the cat is
Saturday: noon-6 p.m. applicable. services/adoptable-pets (972) 237-8575 microchipped. Idexx Snap Test
Sunday-Monday-Closed
Irving Tuesday-Friday: 11 a.m. -6 p.m. http://www.cityofirving.org/130/About- FeLV/FIV testing administered for all Idexx(6 boxes, 30 per box
Saturday: 10 a.m. -5 p.m. Fees range from $70-$100 IAS (972) 721-2256 domesticated (not feral) cats upon intake. $400) $13.33 each
Monday- Friday
10 a.m.- 5 p.m.
Lewisville Saturday
1 - 5p.m.
https://www.cityoflewisville.com/about- Currently use VetScan rapid
Sunday us/city-services/animal-services/animal- Test all cats upon spay/neuter-including test kit, pack of 25 is 303.75
Closed $90 adoption-center (972) 219-3478 feral and domesticated. ($12.15 each)
Monday
11 a.m. -5:30 p.m.
Tuesday
11 a.m. -5:30 p.m.
Wednesday
Closed
Thursday
Mesquite 11 a.m. -5:30 p.m.
Friday
11 a.m. -5:30 p.m.
Saturday
1 - 5:30 p.m.
Pre altered pet: $35
Sunday Cat adoption: $80 https://www.cityofinesquite.com/130/Ani
Closed I Dog adoption: $100 mal-Services (972) 216-6283 I Does not test for FIV or FeLV
Animal Shelter FeLV/FIV
Screening Research
Hours of Operation Animal Adoption Fees Website Phone Cat Leukemia Testing Process Test Administered/Cost
Monday- Friday
9 a.m. -6 p.m.
Plano Currently use Vetscan rapid
Saturday-Sunday https://www.plano.gov/194/Animal- All adoptable cats that are over 6 months of test kit, pack of 25 is 303.75
10 a.m. -4 p.m. $80 Services (972) 769-4360 age are tested upon sterilization. ($12.15 each)
Adult Dogs (Older than 6 months) -$25
Richardson Mon.-Fri.-8 am-7 pm Adult Cats (Older than 6 months) - $15
Sat.-9 am-5 pm Puppies (6 months or younger) - $35 https://www.cor.net/departments/animal- Test all cats considered adoptable, conduct
Sun.- 1 pm-5 pm Kittens (6 months or younger) -$20 services (972) 744-4480 the test upon neutering.
Denton Currently include information in packet
Monday through Saturday from 10 a.m. to 5 https://www.cityofdenton.com/en- explaining that FeLV and FIV testing is not
p.m. I $60 us/residents/health-safety/animal-services (940) 349-7594 1provided. Will begin testing on November 1.
Date: October 12,2018 Report No. 2018-148
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Appointing Fifth Member to Aquatics Committee
BACKGROUND:
On May 14, 2002 the City of Denton(COD) and the Denton Independent School District(DISD)
entered into an Aquatic Center Operations Agreement. The purpose of the agreement was to
provide for the operation, management, maintenance, and usage of the Aquatic Center which
includes the Natatorium and Water Works Park.
As part of the agreement, a Natatorium Committee was appointed to meet, as needed, to develop
an annual schedule and time allocation for usage of the Natatorium. The committee consisted of
two representatives from COD, two representatives from DISD, and a fifth committee member
that was appointed by the mutual consent of the City Manager and the DISD Superintendent of
Schools.
The Natatorium Committee has not held a meeting since 2005. The annual schedule and time
allocation usage for the Natatorium is currently developed each summer between COD aquatics
staff and DISD aquatics.
An assessment of the Aquatic Center's operations was completed in April, 2018,by PROS
Consulting. One of the key recommendations of the assessment was to consider reinstating the
Natatorium Committee to increase accountability and lines of communication between COD and
DISD. In June, 2018, the Aquatics Committee was reinstated and charged with recommending a
fifth member to serve, evaluating the role of the committee, and reviewing the joint agreement.
The committee currently consists of two PARD employees appointed by the City Manager and
two members appointed by the DISD Superintendent.
To move forward with the direction given, the Aquatics Committee is recommending Charlotte
"Barney" Sanborn as the fifth committee member. Barney Sanborn is a retired Chair and
Professor Emerita, Department of Kinesiology, Texas Woman's University. Dr. Sanborn began
her collegiate teaching and research career at the University of Denver. She and her family
moved to Denton, Texas where she continued her career as an associate professor in the
Department of Kinesiology at Texas Woman's University(TWU). After being promoted to Full
Professor, she became the first Executive Director of the Institute for Women's Health. She
ended her career as the Chair of the Department of Kinesiology in 2015.
Throughout her life, Mrs. Sanborn has been actively involved in aquatic activities. She holds
extensive knowledge and experience teaching and programming in the aquatic field. Mrs.
Sanborn was a member of the original Aquatics Committee and expressed an interest in serving
on the new committee.
Date: October 12,2018 Report No. 2018-148
The fifth member of the committee must be appointed by the mutual consent of the City
Manager and the DISD Superintendent of Schools. The COD and DISD will move forward on
Mrs. Sanborn's appointment per the agreement.
ATTACHMENT(S):
Ordinance 2002-142 Aquatic Center Operations Agreement
STAFF CONTACT:
Laura Behrens
Assistant Director of Parks and Recreation
Laura.Behrens&cityofdenton.com
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN AQUATIC CENTER OPERATIONS AGREEMENT BY
AND BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON
INDEPENDENT SCHOOL DISTRICT AMENDING AN INTERLOCAL
AGREEMENT DATED MAY 15, 2001; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("CITY") and Denton Independent School
District ("DISD") have previously entered into an Interlocal Agreement dated May 15,
2001 (the "Interlocal Agreement') to provide for the construction, maintenance and
operation of an Aquatic Center consisting of a natatorium, an outdoor swimming pool,
related aquatic facilities, and infrastructure necessary to serve said facilities (the"Aquatic
Center"); and
WHEREAS, THE CITY and DISD desire to enter into an Aquatic Center
Operations Agreement which amends the Interlocal Agreement to provide for the
maintenance, management, operation, and usage of the Aquatic Center after it is
constructed, a copy of which is attached hereto and made a part hereof by reference (the
"Operations Agreement'); and
WHEREAS, the City Council finds that the Operations Agreement is in the
public interest,NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in her absence the Mayor Pro Tem, is hereby
authorized to execute, on behalf of the City, the Operations Agreement.
SECTION 2. The expenditure of funds as set forth in the Operations Agreement
is hereby authorized.
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval. /
PASSED AND APPROVED this the �� day of , 2002.
EULINE BROCK, MAYOR
ATTEST:
JE ER WALTERS,CIT SECRETARY
By:
ROVE AS LEGAL RM:
HERBERT UTY, ATTORNEY
By:
SAOur Documents\orLina/esM\Aquatic Center Operations Agrnnt.doc
AQUATIC CENTER
OPERATIONS AGREEMENT
THIS AGREEMENT is made and entered into by and between the DENTON
INDEPENDENT SCHOOL DISTRICT (hereinafter "DISD"), organized and existing under the
laws of the State of Texas, and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation
(hereinafter "CITY"), acting by and through, and under the authority of their respective
governing bodies; and
WHEREAS, DISD and CITY have heretofore entered into that certain Interlocal
Agreement dated May 15, 2001 to provide for the construction of an Aquatic Center (the
"Interlocal Agreement"}; and
WHEREAS, DISD and CITY have entered into this agreement in order to amend the
Interlocal Agreement to provide for the maintenance, management, operation, and usage of the
Aquatic Center(the "Operations Agreement"or"Agreement"); and
WHEREAS, DISD and CITY are local governmental entities both of whom have the
authority to perform the services set forth in this Operations Agreement individually and who
mutually desire to enter into this Operations Agreement, which is authorized by Chapter 791 of
the Texas Government Code (Vernon 1994), Section 45.109 of the Texas Education Code, and
Chapter 332 of the Texas Local Government Code, in order to maximize the benefits derived
from each taxpayer dollar; and
WHEREAS, DISD and CITY desire to pool their resources, avoid unnecessary or
duplicitous expense, and take advantage of maximizing economies of scale, resulting in cost
savings to their respective taxpayers; and
WHEREAS, the DISD and CITY agree that all payments made in connection with the
governmental functions provided for by this Agreement shall be made from current revenues
available to the paying party and the payments received are adequate and fairly compensate the
parties for the services performed; and
WHEREAS, the Interlocal Cooperation Act, now contained in Chapter 791 of the Texas
Government Code (Vernon 1994), authorizes the DISD and CITY to enter into this Agreement
for the purpose of achieving the governmental functions and providing the services represented
by this collective, cooperative undertaking.
NOW THEREFORE, the DISD and CITY, for and inconsideration of the premises and
the mutual covenants set forth herein do hereby AGREE as follows:
Denton Independent School District&City of Denton
Operation&Maintenance Agreement
Page I
ARTICLE I
INCORPORATION OF PREAMBLES
All matters and recitations stated in the preamble of this Agreement are true and correct and are
hereby incorporated by reference into the provisions of this Agreement for all purposes.
ARTICLE H
PURPOSE
The purpose of this Agreement is, as described in the preamble, is to evidence the agreement of
the DISD and CITY to provide for the operation, management, maintenance, and usage of the
Aquatic Center as defined in the InterlocaI Agreement.
ARTICLE III
TERM
The term of this Agreement shall commence on the date on which all parties hereto have
executed this Agreement (the "Effective Date") and shall continue until terminated in accordance
with the provisions of the Interlocal Agreement.
ARTICLE IV
DEFINITIONS
The following terms shall have the meanings provided in the Interlocal Agreement and as
amended as set forth below:
Project- includes die operation, management, maintenance and usage of die Aquatic Center
ARTICLE V
PROJECT OPERATION
5.1 Project Operation and Mana ein . Subject to the terms and conditions contained in
this Agreement, the City will be the managing partner of the Aquatic Center. This includes the
direct oversight of programming, scheduling, fiscal operations, personnel, and the operation and
maintenance of Aquatic Center.
5.2 Natatorium Committee. The Natatorium Committee (the "Committee") shall consist
of five members. Two members shall be employees of the CITY appointed by the City Manager
or his/her designee, and two members shall be employees of the DISD appointed by the
Superintendent of Schools of the DISD. The fifth member shall be appointed by the mutual
consent of the City Manager and Superintendent of Schools. The Committee shall not be
responsible for the day to day operations of the Natatorium or the management and operation of
the Natatorium, but shall be responsible for setting usage policies and procedures for the
implementation of the allocation of usage of the Natatorium between the CITY and DISD. In
Denton Independent School District&City of Denton
Operation&Maintenance Agreement
Page 2
setting such allocation of usage policies the Committee shall be subject to the Usage Polices set
forth in Section 5.3 below. The Committee shall meet as needed, and will develop an annual
schedule and time allocation for the Natatorium. Deviations from or additions to the annual
schedule during the course of the year is an operational function affecting the annual operating
budget. Therefore such deviations and additions are under the control of and must be approved
by the City as the managing partner of the Aquatic Center. Prior to the opening of the Aquatic
Center, the Committee will meet and develop usage policies, procedures, rules and regulations
that balance the needs of both the CITY and DISD.
5.3 Usage Policies. The Aquatic Center shall be operated in accordance with the
following requirements:
5.3.1 The Outdoor Aquatic Facilities are intended for CITY activities open to the
general public in accordance with such policies and procedures as may be adopted by the
CITY.
5.3.2 The Committee's schedule of use of the Natatorium shall allow for flexibility for
the student day and the school calendar.
5.3.3 DISD is granted the right to use the Natatorium during the DISD school year (first
day of school through last day of school) and at such other times sanctioned by the DISD
for swim team meets, practices, swimming lessons and events. The DISD swim program
may in the future be expanded to include such uses as Middle School UIL swim team
programs or Learn To Swim School Curriculums. After the annual schedule and time
allocation is set by the Natatorium Committee, reasonable requests for additional hours
for the swim team or other DISD sponsored activities must be approved by the CITY.
5.3.4 During periods of joint use of the Natatorium by CITY and DISD the Committee
will provide for rules and procedures that will allow the DISD to maintain its statutory
duties to protect students during school operation or school sponsored events as provided
under Sections 37.105 and 37.124 of the Texas Education Code.
5.3.5 The schedule and time allocation must balance DISD's need to serve its students
and meeting the goals of the Business Plan. The CITY will be allowed the opportunity to
provide programs and services to the community, and to generate revenue in order to
offset operation and maintenance costs.
5.3.6 DISD may host swim meets provided any direct costs associated with hosting the
event shall be paid by DISD. "Direct costs" shall mean those costs for providing officials
or other personnel (excluding DISD employees) required by the UIL for hosting said
meets. DISD shall reimburse CITY for direct costs incurred by CITY, if any, to staff
swim meets such as lifeguards, building attendants, etc. These costs will be scheduled
and approved prior to the event by DISD and the CITY. DISD may utilize all parts of the
Natatorium and surrounding grounds, including classrooms, multi-purpose rooms, etc.
Denton Independent School District&City of Denton
Operation&Maintenance Agreement
Page 3
and available parking at no charge for DISD sponsored events. DISD shall be
responsible for storage of all equipment/materials, etc. used for the facilitation of all
DISD sponsored events at the conclusion of each event. This may include but not be
limited to lane lines, timing mechanisms, tables, chairs, etc.
5.3.7 The CITY shall not be responsible for any interrupted or canceled use of the
Natatorium due to circumstances beyond its control including but not limited to
mechanical failure, weather, act of God, or other natural disasters. The CITY shall
provide alternative days or portions thereof in the event of interruption of use due to such
circumstances if DISD deems it necessary to complete DISD sponsored activities.
5.3.8 When using the Natatorium, DISD's use includes access to and use of the
Natatorium, classrooms, multi-purpose rooms, parking areas, and other areas that are
associated with the particular DISD event or use, at no additional charge above the cost
allocation provided for in Section 6.2 and the Direct Charges provided for in Subsection
5.3.7.
5.3.9 CITY and DISD shall be entitled to use each others timing systems, equipment,
and furnishings at the Aquatic Center, subject to the provisions of 5.5.2.
5.3.10 The use of the Natatorium must at all times be in compliance with applicable laws,
ordinances, and regulations pertaining thereto.
5.3.11 No alcoholic beverages shall be sold, consumed, or possessed in or at the Aquatic
Center or on property surrounding the Aquatic Center that is owned by DISD or the CITY.
5.4 Other DISD Use: DISD may, subject to availability, and upon payment of applicable
fees, use the Outdoor Aquatic Facilities for DISD functions or events or utilize CITY staffing
and administration for DISD functions or events at the Aquatic Center.
5.5 Project Maintenance.
5.51 After completion of construction of the Project, notwithstanding each party's
ownership interest in the Project, the CITY, as managing partner, shall be responsible for
the direct operation and maintenance of the Project Note: The CITY shall operate and
maintain the Aquatic Center in such a manner so as to ensure the continued safe
operation of the facilities. The CITY shall be responsible for the daily pickup of trash
and litter on the exterior grounds. The CITY shall be responsible for the repair and
maintenance of the exterior grounds and landscaping for the Project Site, including but
not limited to, all landscaped open areas, plants, shrubbery, trees, grass areas,picnic areas
or rest areas, and irrigation systems. The CITY shall be responsible for the repair and
maintenance of all improvements located on the Project, including but not limited to all
buildings, permanent structures, lighting, sidewalks and any other paved or improved
area. All landscaping shall be maintained in a neat and orderly manner at all times. The
Denton Independent School District&City of Denton
Operation&Maintenance Agreement
Page 4
exterior grounds shall be kept free of trash , litter, weeds, and other material or plants not
a part of the landscaping. All plant material shall be maintained in a healthy and growing
condition as is appropriate for the season of the year.
5.5.2 Notwithstanding the above, DISD shall be responsible for the repair of any
damage, other than ordinary wear and tear, to the Aquatic Center, equipment and
furnishings directly attributed to DISD's use, including its patrons, invitees, officials,
agents, and/or representatives. CITY shall be responsible for the repair of any damage,
other than ordinary wear and tear, to the Aquatic Center, equipment and furnishings
directly attributed to CITY's use, including its patrons, invitees, officials, agents, and/or
representatives.
ARTICLE VI
PROJECT COSTS AND REVENUES
6.1 Aquatic Center Revenue. Subject to the provisions of this Section 6.1, the CITY shall be
entitled to retain all income and revenue generated by the Aquatic Center except for revenues
raised by booster groups for competitive aquatic programs or revenues generated from a DISD
competitive aquatic program event. Any revenue exceeding direct costs will be used to offset the
operating costs of the Aquatic Center. Revenue from the operation and use of the Aquatic Center
will be used to offset the operating deficit, if any, of the Aquatic Center. All revenues over
expenses, if any, shall be retained by the CITY to be held in reserve for routine capital
maintenance. The reserve may also be used for future project expansions associated with the
Aquatic Center to be used at the sole discretion of the CITY. The Director of the Parks and
Recreation Department will be responsible for setting all fees at the Aquatic Center, except for
DISD supervised events.
6.2 Aquatic Center Costs.
6.2.1 Subject to the provisions of this 6.2, the CITY is responsible for the ongoing
maintenance and operational costs of the Aquatic Center. Attached hereto and made a
part hereof as Exhibit "A" is a preliminary estimate of operations and maintenance costs
(the "Preliminary Cost Estimate") based on the Business Plan which is attached hereto
and incorporated herein by reference as Exhibit `B" (the "Business Plan"). The
Preliminary Cost Estimate is based on a typical full 12 calendar month year of operation.
At the end of the CITY's fiscal year (September 30), the CITY will determine if there is a
net profit or loss. If there is a deficit, the CITY will provide DISD with written notice of
such deficit within 90 days after the end of the CITY's fiscal year(December 31). DISD
will reimburse the CITY for 50% of the deficit within 30 days after the beginning of
DISD's next fiscal year (June 30).
6.2.2 The CITY will include in the annual operating budget for the Aquatic Center,
funding for minor repairs and maintenance of equipment and facilities. Routine capital
Denton Independent School District&City of Denton
Operation&Maintenance Agreement
Page 5
maintenance, such as recirculation and filtration systems, landscape replacement, etc.,
will be funded from reserves of any revenues (over expenses) available at the end of the
fiscal year. Non-routine capital maintenance, such as structural repairs, replacement of
HVAC systems, etc. will be funded outside of revenue generated by the Aquatic Center
through other financing sources deemed appropriate by the CITY and DISD. If the non-
routine capital maintenance is related only to the outdoor aquatic facilities, the CITY will
be solely responsible for the funding. If the non-routine capital maintenance is related
only to the natatorium,DISD will be solely responsible for the funding.
ARTICLE VII
NAMING OF FACILITIES
The CITY is authorized to name the Outdoor Aquatic Facilities and DISD is authorized to name
the Natatorium. The naming of the Aquatic Center shall be approved by the CITY and DISD.
ARTICLE VIII
MISCELLANEOUS
7.1 Alterations: No party shall make any alterations to the Project without the prior written
consent of the other party. Notwithstanding, neither party shall be required to obtain the other
party's consent to perform such party's required maintenance hereunder.
7.2 Books and Records: The City Manager shall cause to be prepared full and accurate
books of accounts reflecting the condition of the business and finances of the Project (the
"Project Records"). DISD shall have access to Project Records and shall be entitled to examine
the same during normal business hours. At the end of each fiscal year, the City Manager shall
cause to be prepared a statement of operations and a statement of financial operations (using
generally accepted accounting principles) for the year. A preliminary statement of operations
shall be provided to the DISD no later than 60 days following the last day of the prior fiscal year.
The final statement of operations shall be provided to DISD within 10 days after it is completed.
7.3 Joint Continued Use: Upon expiration of the fifty (50) year term, DISD and CITY may
enter into a mutually acceptable agreement regarding the terms and conditions for the continued
joint use and operation of the Aquatic Center.
7.4 All other terms and conditions of the Interlocal Agreement not amended or revised by
this Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Denton Independent School District has caused this
Interlocal Operations Agreement to be executed by its duly authorized President of the Board of
Denton Independent School District&City of Denton
Operation&Maintenance Agreement
Page 6
Trustees; and the City of Denton, Texas has caused"J s Interlocal Operations Agreement to be
executed by its duly authorized Mayor on this the /�t day of , 2002.
DENTON INDEPENDENT
SCHOOL DISTRICT
By:
Rick Wolfolk
President of the Board o rustees
ATTEST:
Jean B. Schaake,
Member of the Board of Trustees
CITY OF DENTON
By:
Euline Brock,Mayor
ATTEST:
B
e tfer WaIters, City Secretary
Approved as to legal form:
Herbert L. Pr City A ey
By:
(// y
Denton Independent School District&City of Denton
Operation&Maintenance Agreement
Page 7
DRAFT
5.9 Proforma Projection
Denton Aquatics Complex EXHIBIT 44
Profonma Projection
II 11 11 Combined II
11 Natatorium 11 Watorpark II Totals 11
ATTENDANCE 11 11 11 II
Day Use Resident 11 11 11 11
Regular 11 290311 1909011 25,78711
Child II 1,30311 533811 8,43411
Senior I I 43511 35611 1,02811
Day Use Non-Resident it II 11 11
Regular 11 2,54211 1584511 20,74611
Child 11 1,45211 458211 7,09711
Senior 11 48411 38211 1,02811
Block Pricing 11 8,18611 2,23011 10,41611
Annual Pass Resident 11 1,93911 7,13511 11,01311
Annual Pass NonResident 11 48411 5,35211 6,64411
Instructions/Lessons (1 87211 11 1,16311
Instructions/Lessons NR 11 31011 11 38711
Exercise/Therapy 11 1,20411 53511 2,08311
Exercise/Therapy NR 11 37511 17611 69411
Camps/Day Care 11 11 89211 89211
Birthday Parties 11 4,50011 4,46011 6W11
Special Events 11 5,16211 11,14911 16,31111
11 32,15111 77,52411 122,68311
SALES 11 11 II II
Day Use Resident 11 Per Cap 11 Per Cap 11 11
Regular f 1 5.95 17,27311 6.95 132,67611 149,94411
Child 11 3.95 5,14711 4.95 26,42311 31,56911
Senior i1 3.95 1,71811 4.95 1,76211 3,47911
Day Use Non-Resident 111 11 11 11
Regular 11 7.95 20,20911 6.95 141,81311 162,02311
Child 11 5.95 8,63911 6.95 31,845f1 40,48211
Senior 11 5.95 2,88011 6.95 2,65511 5,53511
+, Block Pricing 11 18,75011 6,00011 24.75011
Annual Pass Resident 11 50.00 24,23811 70.00 124,86311 149,10011
Annual Pass Non-Resident 11 80.00 9,68011 80.00 107,04011 116,73011
Instructions/Lessons 11 40.00 34,88011 Oil 34,89011
Instructions/Lessons Non-Resident 11 50.00 15,50011 011 15,48011
✓ Exercise/Therapy 11 45.00 54,18011 35.00 18,72511 72,90511
Exercise/Therapy Non-Resident 11 55.00 20,62511 40.00 7,12011 27,76011
Camps/Day Care 11 100.00 011 100.00 89,20011 89,20011
Birthday Package 11 11.00 49,50011 11.00 49,06011 98,56011
Special Events/Groups Package 11 10.00 51,62011 10.00 111,49011 _ _163,11011
Gate Subtotal:11 334,83911 850,67111 1,185,51611
it II II 11
Food and Catering 11 0.59 18,84011 1.52 129,201 11 148,04211
Retail 11 O1i 0.15 1,67511 1,67211
Rentals i1 0.12 3,76811 0.25 21,242i1 25,01811
Sponsorship 11 5,00011 16,00011 21,00011
24
Gross Sales:ll 362,44711 1,018,78811 1,381,24811
COST OF SALES II 11 II II
Food and Catering 11 7,91311 54,26511 62,17711
Retail I I Oil 83711 &3611
Rental 11 56511 3,18611 3,75311
Cost of Sales:11 8,47811 58,28811 66,76611
GROSS PROFIT 11 353,96911 960,50011 1,314,48211
II 11 II II
OPERATING EXPENSES II ll II II
Personnel-Full 11 208,84511 174,13811 382,98311
Personnel-Part-time 11 102,40911 149,58611 251,99511
Advertising II 10,00011 35,00011 45,E 11
Dues/Subscriptions 11 25011 25011 50011
Medical Supplies` 1{ 1,00011 1,50011 2,50011
Office Supplies/Repair 11 2,00011 4,00011 6,00011
Pool Supplies 11 50,00011 60,00011 110,00011
Postage 11 1100011 3,00011 4,00011
Printing I1 2,00011 7,00011 9,00011
Repair/Maintenance 11 27.50011 60,00011 87,50011
Special Events 11 10,00011 35,00011 45,00011
Park Suppliesi7rash Removal 11 5100011 6,000E1 11,00011
Telephone f l 3,00011 5,00011 8,00011
Training 11 2.00011 2.50011 4,50011
Travel/Entertainment {1 1,00011 1,00011 2,00011
Uniforms 11 1,50011 3,00011 4,50011
✓ Utilities 11 225,00011 90,00011 315,00011
Operating Expense:11 652,50411 636,97411 1,289,47811
Net Operating Income: 11 (298,535)11 323,52611 25,00411
%of Grose Sales: 11 -82.37%11 31.76%11 1.81%11
® T
25
Date: October 10,2018 Report No. 2018-149
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
This report is intended to provide an update on the status of the ongoing rewrite of the Denton
Development Code (DDC) Subchapter 13, Tree Preservation and Landscape Standards.
EXECUTIVE SUMMARY:
Since May of 2018, Development Services staff has been working on a comprehensive rewrite of
the tree preservation and landscape standards within Subchapter 13 of the DDC. Work on this
has been presented to the Committee on the Environment (COE), the Planning and Zoning
Commission, and the City Council throughout the process, and staff will continue to provide
regular updates as the rewrite progresses. Major changes are proposed in the both the tree
preservation and landscape standards to promote enhanced tree preservation City wide, to align
the tree code and landscape code with Environmentally Sensitive Area(ESA)regulations, and to
provide greater flexibility in landscaping requirements while maintaining high standards for new
development. Staff has targeted dates in November to present a consolidated draft of the
Landscape and Conservation Code to both the COE and City Council.
BACKGROUND:
The tree preservation regulations are a component of Sec. 35.13.7, of the DDC, "Tree
Preservation and Landscape Standards." The existing Tree Preservation and Landscape
Requirements (inclusive of the tree fund)were adopted in 2004 to promote tree preservation and
to facilitate site design and construction that would allow for the long-term viability of trees.
While the current tree preservation regulations served to protect some of the existing tree
canopy, more is needed to manage and maintain essential tree canopy and to provide clear
guidance for tree preservation and mitigation within the city.
On May 21, 2018, staff presented a number of policy questions regarding the comprehensive
rewrite of DDC Subchapter 13, Tree Preservation and Landscape Standards to the COE. Policy
questions discussed included:
1. Should the city develop a comprehensive Tree Management Plan?
2. Where applicable, should the new code defer to Texas Local Government Code Section
212.905 as the governing language?
3. Should all or a percentage of tree mitigation plantings be permitted off-site or as street trees?
4. Should the planting of trees in an off-site tree bank (i.e. area set aside as a permanent receiver
site for tree plantings)be explored?
5. If preserved canopy is credited towards meeting tree canopy requirements as part of the
landscape requirements, should it only apply to buffer tree requirements; meaning a
Date: October 10,2018 Report No. 2018-149
developing property would still be required to provide street trees and trees within the
parking lot?
6. Should property owners subject to the tree preservation regulations memorialize their tree
preservation plan through the use of a development agreement, conservation easements, land
use or deed restrictions, or tree preserves/transfer of title to a public agency/entity or other
method?
Subsequently, on August 6, 2018, staff presented proposed Tree Code Changes to the COE,
including the following:
1. Creates an intent to achieve a 30%tree canopy coverage citywide to promote a multi-
aged urban forest.
2. Establishes Exempt, Quality, Heritage and Historic Trees.
3. Establishes a Development Impact Area within each lot being developed.
4. Establishing Preserved Habitat Areas and Conservation Easements as incentives for
preserving trees in close proximity to each other and to ESA habitats.
On August 22, 2018, staff presented an update on the Tree Code to the Planning and Zoning
Commission during the work session. During this update, staff discussed some of the larger
policy questions that had been previously reviewed with the City Council and COE. A few of the
major concerns of the Planning and Zoning Commissioners included:
• Whether mesquite trees should be protected or exempted from preservation requirements.
• A desire to focus more on the preservation of high quality trees such as Post Oaks and
Blackjack Oaks.
• Whether the 30%preservation goal was sufficient or if the goal should be increased to
40%.
Staff again presented updates to the tree code and landscape code to the COE on September 17,
2018, and to the Planning and Zoning Commission on both September 26, 2018, and October 10,
2018. Outlined below is a summary of the most recent updates:
1. Amend tree classifications to include definitions for Heritage, Landmark,Non-Protected,
and Quality Tree designations.
2. Clarify language related to the City-wide canopy goal and preservation percentages.
3. Update credits proposed toward mitigation as well as replacement ratios to incentivize
preservation of larger trees.
4. Provide incentives for preservation related to energy conservation, conservation
easements, tree clusters, and parking reductions.
5. Maintain minimum landscape and tree canopy area requirements in the landscape code.
6. Apply a point system to landscaping and new tree planting requirements with a variety of
options for attaining the point goal on a required landscape plan.
At the September 27, 2018, COE meeting staff was tasked with conducting further research into
several topics, including:
• Determining where restoration trees could be planted off-site, including whether adequate
area exists within City right-of-way to accept these trees. Also, determine the estimated
cost for planting and maintaining the trees.
Date: October 10,2018 Report No. 2018-149
• Consider splitting the City-wide goal of 30% into separate canopy goals for the eastern
more wooded part of the City versus the western prairie parts of the City. Additionally,
consider allowing credits for preserved prairie areas.
• Further research and analyze what species and size of trees should be protected versus
non-protected.
• Finalize how preservation credits can apply towards landscaping requirements.
Since the last COE meeting, staff has continued to research these topics and further refine the
drafts of the tree preservation and landscape regulations. Staff intends to present a consolidated
draft of the newly proposed Landscape and Conservation Code, which would include ESA
regulations in addition to tree preservation and landscaping,to the COE at the upcoming November
5,2018 meeting. This draft will reflect the results of staff s research as well as input received from
both the COE and the Planning and Zoning Commission.
Following the COE meeting on November 5, staff will present the draft Landscape and
Conservation Code to the City Council at the Work Session on November 13, 2018. Based upon
input received at these meetings, the consolidated Landscape and Conservation Code will be
incorporated into the DDC update for adoption.
CONCLUSION:
Over the past several months Development Services staff has been rewriting the DDC's tree
preservation and landscaping requirements. These regulations have gone through multiple
revisions as a result of recent meetings with the COE and Planning and Zoning Commission.
Staff has targeted dates in November to present a consolidated draft of a new Landscape and
Conservation Code to both the COE and City Council.
STAFF CONTACT:
Richard Cannone, AICP
Deputy Director/Planning Director
(940) 349-8507
Richard.Cannone@cityofdenton.com
Date: October 12,2018 Report No. 2018-150
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
This is a brief summary providing information about Community Improvement Services' history,
programs, notification and abatement process, compliance rates, and a sample educational
brochure.
EXECUTIVE SUMMARY:
The mission of the Community Improvement Services Division (CIS) is to improve the health,
safety and public welfare of the Denton community. Improving the quality of life in Denton is a
cooperative effort between residents,businesses and City staff. CIS enforces the regulations
contained in the Denton Property Maintenance Code, i.e. tall grass and weeds, low-hanging tree
limbs, trash and debris, inoperable and junk vehicles, illegal outside storage, stagnant water,
graffiti, dilapidated fences,parking on unimproved surfaces and substandard structures. CIS also
enforces site line obstructions. On an annual basis, CIS works with the community to maintain
an approximate 95%voluntary compliance rate across all enforcement areas.
BACKGROUND:
In 2006, the Denton City Council charged the Chamber of Commerce with performing a
property maintenance assessment in Denton. The Chamber assigned the project to the 2006-
2007 Leadership Denton class. The findings were delivered in a public meeting in January
2007. Per the report, "seventy two percent of the respondents felt that the codes were not being
adequately enforced."
The Leadership Denton class made the following recommendations:
• Establish an online system for reporting code violations,
• Evaluate the existing property maintenance codes for consistency,
• Consider additional staffing for code enforcement, and
• Provide residents with a quick-reference guide to property maintenance codes in the City
of Denton.
All four of Leadership Denton's recommendations were accomplished in FY 2006-2007.
Over the next two years, with Council support, many improvements were made including:
• Rewriting the property maintenance code,
• Implementing proactive code enforcement,
• Instituting several focused enforcement programs,
• Establishing a 10-week officer training program and Standard Operating Procedures, and
• Creating various educational materials, both in English and in Spanish.
Date: October 12,2018 Report No. 2018-150
Currently, CIS has several successful programs:
• Dangerous Buildings Program— Since 2009, 387 structures have been demolished and
100 structures have been rehabilitated. Due to the program's 91%voluntary compliance
rate, the City has expended $155,185 in 10 years of programming.
• Minimum Building Standards Program (MBS)—Program created to decrease the number
of structures that would eventually become dangerous due to ongoing neglect and
deferred maintenance. Since program implementation in 2011, CIS has opened 4,976
cases (many with multiple violations) to facilitate the repair of exterior concerns such as
missing or damaged roofing shingles, broken windows, missing and deteriorated siding,
and unpainted wood surfaces on both primary and accessory structures. The MBS
Program has a 92%voluntary compliance rate.
• Free Graffiti Removal Services—Program designed to remove graffiti from private and
public properties. In an effort to further reduce the prevalence of graffiti in the
community, CIS has assisted Keep Denton Beautiful with their Mural Art Projects by
painting out existing graffiti to provide spaces that are conducive for murals across the
community.
• Enhanced Right-of-Way Maintenance Program—CIS maintains 215 acres of high
visibility rights-of-way(adjacent to residential and business properties) along City
entryways and commercial corridors at an enhanced service level to help improve the
aesthetic of the community.
Over the past 10 years, the City's property maintenance voluntary compliance rates have steadily
risen due to several factors, including a continued increase in community education efforts,
working individually with residents on case specific plans to bring properties into compliance,
and providing resource information to low-income residents. In FY 2016-2017, CIS distributed
3,104 educational materials and provided education at 34 community events, including Town
Hall meetings, Council Member District meetings, homeowner association meetings,university
events, the Neighborhood Empowerment Summit, and National Night Out.
ORDINANCE UPDATE
On November 6, City Council will be asked to consider an ordinance that helps clarify
requirements in the Property Maintenance Code and further defines the scope of responsibilities
for CIS staff. The original ordinance was passed in May 2017; City Staff had the intent to update
the ordinance when necessary to meet the current needs of the City and to further define
components to better outline expectations for residents and property owners. Over the past 16
months City staff, has identified four areas that need to be clarified in the current ordinance:
1. Dangerous buildings,
2. Open and abandoned structures,
3. Improperly placed solid waste carts, and
4. View obstructions.
Date: October 12,2018 Report No. 2018-150
These revisions do not alter the mission of CIS and are consistent with processes that CIS staff
have recently implemented. The intent of the revised ordinance is to outline the City's ability to
have CIS perform and enforce functions they currently provide.
CONCLUSION:
In cooperation with local residents,businesses, and other City operations, CIS supports
improving the health, safety, and general welfare of the community by facilitating compliance
with local property maintenance codes and by offering proactive improvement-oriented support
programs.
ATTACHMENT(S):
Up to Code Brochure (English and Spanish)
STAFF CONTACT:
Lancine Bentley
Community Improvement Services Manager
(940) 349-7489
Lancine.Bentley@cityofdenton.com
GARAGE/YARD SALES TRASH and DEBRIS ■ Additional parking surfaces cannot be placed ■ Storage containers must be located on an
■No more than 1 sale every 4 months with a limit ■ Remove any refuse,trash, debris,junk, in an easement or right-of-way. improved surface.
of 3 days per sale. garbage, etc. from property,including ■ Existing dirt driveways must be improved. ■ Storage containers may not be located in any
■ Signs stating the location and date may not be adjacent easements and rights-of-way. Options: concrete, asphalt,pavers, and open part of a fire lane, required parking space or
larger than 6 square feet. ■ Do not maintain property in a manner that pavers. (Single-family and duplex residences maneuvering lane,public right-of-way,or
■No more than 1 sign is allowed on premises and creates unsanitary conditions. may opt to use 4" of gravel which must be visibility triangle.
no more than 3 signs may be located off PARKING of OVERSIZED VEHICLES bordered). ■ Property must have a primary structure to which
container is an accessory e
premises. ■ Recreational vehicles,travel trailers,boats or • Do not use a vehicle for living, sleeping, or the storage Y use.
■ Put out signs no more than 24 hours before the storage of trash, debris, or personal property ■ Storage containers less than 120 square feet,
boat trailers,tow trucks, or any vehicles located in a back and and screened from public
sale and remove within 24 hours after the sale. not normally associated with the vehicle. Y P
■ Signs may not be placed on any public property, other than a motor vehicle may not be view,do not require a permit.
parked or stored on a residential street. The INOPERABLE and JUNK VEHICLES
e.g.utility or traffic sign poles,utility boxes, police department enforces this ordinance - ■ Inoperable vehicles (not in operating OUTSIDE STORAGE
street medians,between the curb and sidewalk, please call (940) 349-8181. condition, one or more flat tires,wrecked, ■ Items or objects shall be located in the side or
etc. PARKING on RIGHTS-OF-WAY dismantled,or dilapidated) and junk vehicles back yard only and shall be completely screened
from public view.
HOUSE NUMBERS may not be visible from any right-of-way or p
„ ■ Do not park any vehicle in or on any right- ■ Children's la equipment, smokers,barbe ue
■Are required and must be at least 4 high and adjacent property. playq
of-way,including sidewalks, alleys,public � Y rills, and furniture or appliances designated
visible from the street. easements,etc.Exception:vehicles legally Only one such vehicle is allowed on residential g PP g
property if screened completely by a solid, for outdoor use shall be stored in the side or
GRAFFITI parked on a street or highway. backyard,but do not need to be screened.
opaque fence or enclosed in a building. Y
■ Remove graffiti,or paint over all graffiti in a STORAGE of GOODS in RIGHTS-OF-WAY ■ A cover or tarp is not considered adequate ■ Outdoor furniture that is in good repair may be
color that closely matches the background. . Do not store any objects,items, or personal screening. maintained in the front yard.
TRASH/RECYCLING CONTAINERS property(basketball goals,skateboard ramps, ■ An inoperable motor vehicle that remains
■ Containers may not be set out until after 6 p.m. etc.) in or on any right-of-way such as a side- inoperable for more than 30 consecutive days For more information,visit
the night before scheduled pickup, and all walk,parkway, street,or easement. becomes a junk vehicle. www cityofdenton.com.
containers and unaccepted items must be PARKING REGULATIONS TEMPORARY CARPORTS or
removed by 8 a.m.the morning after scheduled Community Improvement Services
pickup. ■ Park vehicles on improved surfaces only. AUTO SHADE COVERS City HaHall East
601 E.
■ When adding an improved parking surface, ■ A structure that provides shade, shelter, or
■No items may be set outside the containers it must be made of the same material,be weather protection that is not permanently Hickory,Suite B
unless a special collection has been requested
connected to, and run parallel with the secured below ground level or that has a Denton,TX 76205
from Solid Waste Customer Service. Please call original driveway. non-rigid top material must be removed. (940) 349-8743
(940) 349-8787 for more information. ■ Added parking surfaces may not be more
■ Containers may not be stored in the front yard, P g Y TEMPORARY STORAGE CONTAINERS/ Published(80 ) 35-2989 ADA/EOE/ADEA
on the front porch,or in front of the main than 12 wide or closer than 3 to a neighboring PORTABLE STORAGE UNITS (PODS) TDD(800)735-2989.www.ciryofdenton.com
property line. If the additional surface is
structure on the property. Store containers at parallel with a sidewalk,there must be at ■ Shall be permitted by the Building Inspections
the side or back of the residence, in the garage, least 5'between the added surface and the Division. Please call (940) 349-8360 for more
or in a storage building. closest edge of the sidewalk. information. Post permit in a visible
location.
■ In a side or back yard,that has no improved of
CITY
parking surface, a vehicle may be screened • Limited to 3, 30-day permits per calendar DENTON
behind a privacy fence or wall. year.
MINIMUM BUILDING STANDARDS 7 The City of Denton's Community Improvement ■ Tree limbs lower than 7' above a sidewalk
Protective Treatment rolServices Division is committed to improving must be trimmed.
■ Maintain all exterior surfaces,including but not the quality of life for each Denton resident and ■ Vegetation growing or encroaching upon
limited to walls,windows,doors,door and business. improved rights-of-way(sidewalks, curbs, or
window frames,cornices,porches,trim, balconies, streets) must be removed.
decks,and fences,in good condition. All II Our mission is to work with residents and
■Exterior wood surfaces shall be free of all peeling, businesses to preserve the health,beauty, safety, FENCE REQUIREMENTS
flaking,chalking,and chipped paint. Up
to
Codc
and property values of the community through ■ Replacement or substantial repairs will require
■Metal surfaces must be free from any rust and compliance with City codes. Community a fence permit which is obtained through the
coated to inhibit rust or corrosion. Improvement Services proactively enforces the Building Inspections Division at (940) 349-8360.
Exterior Walls and Surfaces Denton Property Maintenance Code (DPMC), ■ Fences are to be constructed with the smooth
■ Shall be maintained free from holes,breaks,loose, ' _ " ns guide to the i.e. nuisance,general property maintenance, side facing out.
missing,or rotting materials. 4 • • y Maintenance Code minimum building standards, and dangerous ■ Construction—wood,wrought iron, masonry,
■ Shall be maintained with paint or similar surface building regulations. Improving health and brick,vinyl, PVC, or composite material.
treatment to protect them from weather conditions, safety, enhancing the city's appearance, and Support frames,braces, and fastenings must
decay,and rust. maintaining property values is a cooperative be on the inside of fences.
Roofs and Drainage effort between the City and its residents. ■ Newly constructed side and back yard fences
■Repairs and replacements shall be made of approved —8'maximum;front yard fences-3.5'
roofing materials and installed according to This brochure highlights many of the ordinances maximum.
manufacturer's guidelines. found in the DPMC. For more details,visit ■ Must be set back at least 10' from the street
■Coverings and materials shall not be missing,broken, www dtyofdenton.com. or alley or 5'from the sidewalk,whichever is
rotted,split,curled,or buckled. greater.
■ Shall be sound and tight to not admit rain or ■ Shall not be placed in any right-ofway, ease-
surface drainage water. ment, fire lane,required parking space, or
■ Shall not allow dampness or deterioration in the / obstruct any visibility sight lines or triangles.
walls or interior portion of the structure. {, FENCE MAINTENANCE
■Drains,gutters,and downspouts shall be maintained ■ Shall be maintained in sound structural
in good condition and free from obstructions. condition with no broken,loose, damaged, or
■Roof water shall not discharge in a manner that ^-
GRASS, WEEDS, and OTHER VEGETATION missing parts.
creates a public nuisance. ■ Repairs must be made using the same or
Various Features ■ In yards,easements, and rights-of--way P g
(including easements and rights-of-way similar materials of like color, size, and shape
■Garage doors,cornices,belt courses,corbels,trim, behind fences),grass and weeds shall not of the original fence.
wall facings,manufactured and mobile home r. be taller than 12" ■ If 50 percent or more of one side of a fence
skirting,and other similar features shall be ■ Vegetation that is growing within V of a needs repair,the entire side must be replaced.
properly anchored,and maintained in good and
safe condition. street or alley,which interferes with traffic
Unsecured and Vacant or visibility,must be removed.
■ Tree limbs lower than 13.5' above a street
■ Unoccupied buildings or structures must be locked, :&M
boarded up,or otherwise secured so as not to allow or 12 above an alley that obstruct vehicular
traffic must be trimmed.
entry by unauthorized persons.
At
La Division de Mejoramiento de la Comunidad de REQUERIMIENTOS PARA CERCAS
NORMAS MINIMAS DE CONSTRUCCION la Ciudad de Denton esta comprometida a ■ Construccion -- madera, hierro
Tratamiento de Proteccion proveer una calidad de vida optima para cada forjado, albanileria, ladrillo, vinilo, PVC,
■ Mantenga todas las superficies exteriores, residente de la Ciudad. La division ofrece o materiales compuestos. Marcos de
incluyendo pero no limitado a paredes, servicios que aseguran la salud, seguridad y apoyo, refuerzos, y los cierres deben
ventanas, puertas, los marcos de las puertas
y ventanas, cornisas, balcones, molduras, bienestar general de los ciudadanos de nuestra estar en el interior de las cercas.
terrazas, y cercas en buenas condiciones. comunidad. El Departamento de Aplicacion del ■ Cercas laterales o traseras de nueva
■ La superficies exteriores de madera deben Codigo de forma proactiva hace cumplir el construccion - 8' maximo; maxima para
estar exentos de cualquier descamacion, tiza Codi o de Mantenimiento de Pro iedad de el patio delantero es de 3.5'.
y pintura picada. g p
■ Las superficies metalicas deben estar libres Gufla para los cludadanos sobre Denton (DPMC), es decir, mantenimiento de la ■ Deben ser empezadas por to metros
de oxido y cubiertas con algun material que propiedad en general, y reglamentos de a 10' de la calle o callejon o 5' de la
previene la oxidacion o corrosion. el C6digo • ' Mantenimiento •' Propieclad
• . Denton construccion peligrosos. banqueta, to que sea mayor.
Paredes Exteriores y Superficies ■ No podran colocarse en cualquier
■ Deben mantenerse sin agujeros, y sin La division esta expandiendo sus servicios para derecho de via, banqueta, linea de fuego,
material quebrado o faltante, suelto o incluir el cumplimiento de las normas de espacio de estacionamiento requerido,
descompuesto.
■ Debe mantenerse con tratamiento construccion minimas. u obstruir la vista de cualquier linea o
superficial de pintura o similar para triangulo de visibilidad.
protegerlos de las condiciones climaticas, Mejorando la salud y seguridad, mejorando la
decadencia, y oxido.
apariencia de la Ciudad,y manteniendo los MANTENIMIENTO DE CERCAS
Techos y Drenaje valores de propiedad es un esfuerzo cooperativo ■ Se mantendra en buenas condiciones
■ Las reparaciones y sustituciones se haran — - entre la Ciudad y sus residentes. Este folleto estructurales sin partes rotas, flojas,
de materiales aprobados para techos
e instalados de acuerdo a las guias del enfatiza muchas de las ordenanzas encontradas danadas, o con piezas faltantes.
fabricante. en el DPMC. Para obtener mas detalles,visite ■ Las reparaciones deben deberan
■ Los materiales y cubiertas no pueden www.cityofdenton.com. hacerse utilizando el mismo o muy
estar quebradas, descompuestas, divididas,
rizadas o amarradas. �� similar material y composicion, color,
■ Deben estar en buen estado y firmes para � 4 ►"W40i tamano, forma y calidad.
no dejar que entre Iluvia o agua de drenaje �/C� PASTO, MALESA Y OTRO TWO DE ■ Si el 50 por ciento o mas de uno de los
superficial. VEGETACION lados de la cerca necesita re aracion
■ No deben permitir humedad o deterioro p
de las paredes o la parte interior de la ■ En jardines, banquetas y derechos de toda la parte debe ser reemplazada.
estructura. via (incluyendo las banquetas y derechos
■ Los drenajes, alcantarillas y desagues de paso detras de las cercas), la hierba y
deberan mantenerse en buenas condiciones y
libres de obstrucciones. maleza no debera ser mas alta de 12".
■ Agua del techo no se puede descargar de ■ La vegetacion que crece mas de 1'
una manera que cree una molestia publica. hacia la calle o callejon, que interfiere GARAJE / VENTAS DE GARAJE
Varias Caracteristicas con el trafico o la visibilidad, debe ser ■ No mas de una venta cada 4 meses con
■ Las puertas de garaje, cornisas, cursos de eliminada. un limite de 3 dias por venta.
cinturon, mensulas, molduras, la vista de ■ Las camas de arboles mas bajas de ■ Los anuncios indicando la ubicacion y
de lasrca as mov les,y otrdas cara tedr stc as 13.5' por encima de una calle o 12" por fecha no pueden mas grander de 6 pies
similares, deberan estar debidamente encima de un callejon que obstruyen el cuadrados.
ancladas, y mantenidas en un buen y seguro trafico vehicular, deben ser recortadas. ■ No mas de un anuncio se permite en la
estado. ■ Las ramas de arboles inferiores a 7' por localidad y no mas de tres anuncios se
No Aseguradas y Vacantes encima de la acera o banqueta deben ser pueden situar fuera de las instalaciones.
■ Edificios desocupados o estructuras tienen recortadas. ■ Los anuncios no se pueden poner con
que estar cerradas, afro as, o de algumitir l ■ Ve etacion que crece o invade el mas de 24 horas antes de la venta
manera aseguradas a fin de no permitir la g q y
entrada de personas no autorizadas. derecho de paso (banquetas, bordillos, o deben ser removidos 24 horas despues
en las calles) debe ser removida. de la venta.
■Los anuncios no se pueden colocar ESTACIONAMIENTO DE VEHICULOS ■ En un patio lateral o trasero, que no ALMACENAMIENTO TEMPORAL /
en cualquier propiedad publica, por GRANDES tiene estacionamiento de superficie UNIDADES DE ALMACENAMIENTO
ejemplo, posses de utilidades o trafico, ■Vehiculos recreativos, casas rodantes, pavimentada, el vehiculo puede ser tapado PORTATIL (PODS)
cajas de servicios publicos, o colocados botes o remolques de embarcaciones, detras de una cerca o pared. ■ Se debe obtener un permiso de
en medio de la calle, etc. camiones de remolque, o cualquier ■ Superficies adicionales de use temporal del Departamento de
vehiculo que no sea un vehiculo de motor estacionamiento no pueden ser colocadas Inspeccion de Construcciones. Por
NUMEROS DE CASA no puede ser estacionado o almacenado en el derecho de via, o interferir con la favor Ilame al (940) 349-8360 para
■ Si requieren y debe ser al menos 4 en una calle residencial. El departamento visibilidad del trafico. mas informacion. El permiso debe ser
pulgadas de altura y visibles desde la de policia hace cumplir esta ordenanza: ■ Las actuales calzadas de tierra debe ser colocado en una ubicacion visible.
calle. por favor, Ilame al (940) 349-8181. pavimentadas. Opciones: concreto, asfalto, ■ Limitado a 3 permisos, por cada 30
adoquines, adoqufn abierto. (Viviendas dias de permiso por calendario anual.
GRAFITI ESTACIONAMIENTO EN DERECHO DE Unifamiliares y duplex pueden optar ■Contenedores de almacenamiento
■ Quitar o pintar sobre todo grafiti. VIA por usar 4" de grava, la cual debe ser deben ser situadas en una superficie
■ No estacione un vehiculo en o sobre bordeada). pavimentada.
CONTENEDORES DE BASURA/ cualquier derecho de via, incluyendo ■ No utilice un vehiculo para vivir, dormir, ■ Contenedores de almacenamiento no
RECICLAJE banquetas, callejones, via publica, o almacenamiento de basura, escombros, podran estar situados en cualquier parte
■ Los contenedores no podran calles o carreteras. Excepcion: vehiculos o de bienes personales que no se asocian de la linea de fuego, espacio requerido
establecerse afuera hasta despues de legalmente estacionados en una calle o normalmente con el vehiculo. para estacionamiento, del derecho de
las 6 pm del dia antes de la recoleccion carretera. paso publico, o triangulo de visibilidad.
programada, y todos los contenedores y VEHICULOS INSERVIBLES/CHATARRA ■ La propiedad debe tener una estructura
los articulos no aceptados deberan ser ALMACENAMIENTO DE MERCANCIA EN ■ Vehiculos inoperables (no en condiciones primaria a la que el contenedor de
retirados para las 8 am despues de la DERECHOS DE VIA de funcionamiento, uno o mas neumaticos almacenamiento sea un accesorio en uso.
recoleccion programada. ■ No mantenga objetos, elementos o desinflados, chocados, desmantelados, ■ Contenedores de almacenamiento
■ Nada puede estar fuera de los bienes personales (metas de baloncesto, o en mal estado) y los vehiculos chatarra inferior a 120 pies cuadrados, ubicados
contenedores a menos que una rampas de patinaje, etc.) en o sobre no pueden ser visibles desde cualquier en un patio trasero, y ocultos de la vista
coleccion especial se haya solicitado al cualquier derecho de via como una derecho de via o propiedad adyacente. publica, no necesitan tener un permiso.
Departamento de Servicio al Cliente de banqueta, avenida o calle. ■ Solo un vehiculo se permite en la
Residuos Solidos. Por favor Ilame al propiedad residencial si es cubierto ALMACENAMIENTO EXTERIOR
(940) 349-8700 para mas informacion. REGULACIONES DE ESTACIONAMIENTO completamente por una cerca o guardado ■ Objetos o utensilios deben ser
■ Los contenedores no podran ser ■ Estacione vehiculos en superficies en un edificio. localizados en el patio lateral o trasero y
almacenados en el patio delantero, en pavimentada solamente. ■ Una cubierta o Iona no es considerada deben estar completamente cubiertos de
el porche delantero, o en frente de la ■ Cuando se anade espacio a una Como una cubierta adecuada. la vista publica.
estructura principal de la propiedad. superficie de estacionamiento, debe ■ Un vehiculo de motor inoperable que ■ Equipo de juego de ninos, parrillas,
Almacene los contenedores en la parte ser hecha del mismo material, estar sigue siendo inoperante durance mas de asadores y muebles disenados para
lateral o posterior de la residencia, vinculado y paralelo con la entrada 30 dias consecutivos, se convierte en un use exterior deben ser guardados en la
en el garaje o en un edificio de original. vehiculo chatarra. parte lateral o el patio trasero, pero no
almacenamiento. ■ Las superficies de estacionamiento necesitan ser cubiertos.
anadidas no podran ser superiores a COCHERAS TEMPORALES O CUBIERTAS ■ Muebles para exteriores o jardin
BASURA Y ESCOMBROS 12' de ancho o cerca de 3' a la linea DE AUTOS que estan en buena condicion pueden
■ Quite cualquier basura, escombros, de la propiedad vecina. Si la superficie ■ Una estructura que da sombra, refugio mantenerse en el patio delantero.
chatarra, etc. de la propiedad, incluyendo adicional es paralela a la banqueta, debe o proteccion contra la intemperie que no Para mas informacion (lame al
banquetas adyacentes y derechos de via. haber por to menos 5' entre la superficie esta permanentemente asegurada, anclada (940) 349-8743, o visite
■ Mantenga la propiedad de una manera del agregado y el borde mas proximo de al nivel del suelo o que no se compone de www.cityofdenton.com.
que no cree condiciones insalubres. la banqueta. un material rigido debe ser removido.
Published by PCO,02/18•ADA/EOE/ADEA
DEN'I'ON TDD(800)735-2989•www.cityofdenton.com
Date: October 12,2018 Report No. 2018-151
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
An update regarding the Board of Ethics' revised rules of procedure to be presented at a City
Council work session on October 23, 2018.
EXECUTIVE SUMMARY:
On August 28, 2018 an ordinance was submitted for City Council consideration confirming the
Board of Ethics' rules of procedure. City Council postponed the approval and requested the Board
hold another meeting to discuss a number of topics identified by City Council. The Board held a
meeting on September 17, 2018, modified, and approved the redlined draft "M" included as
Attachment 1.
BACKGROUND:
Beginning in November 2017, City Council, working in consultation with attorney Alan
Bojorquez, drafted the City's ethics ordinance over eight (8) work sessions, four (4) public
hearings,and a total of twenty(20)hours of discussion. The Ethics Ordinance was adopted by City
Council on May 1, 2018. Adoption of rules of procedure for the Board of Ethics is a requirement
of Section 2-277(k) and are subject to confirmation by City Council. Rules of procedure are meant
to be a guide for proceedings conducted by the Board of Ethics.
The Board of Ethics held their inaugural meeting on July 31, 2018 in which ethics training was
held with Alan Bojorquez and members discussed the Board's rules of procedure. A second
meeting was held on August 13 and the Board unanimously approved rules of procedure. Alan
Bojorquez presented that draft to City Council on August 21,2018 and,with no changes,submitted
the rules of procedure for City Council consideration on August 28, 2018. The item was pulled for
a discussion and City Council requested that the Board of Ethics hold a meeting to deliberate and
present a recommendation on a number of topics that were discussed.
A Board of Ethics meeting was held on September 17, 2018 wherein the Board discussed those
topics and others of interest to board members. The following changes were made:
• Added Section E(1)(a) is subject to Section E (11).
• Added language in Section E (5) stating the Chair or a simple majority of the Board may
extend time limitations and a requirement that the Chair ask the party if they have had a
full and fair hearing, and an opportunity to present all of the evidence. This change was
made after a discussion of the practice being used in administrative hearings.
• Created a requirement for the issuance of a Letter of Dismissal justifying the reason for
dismissal in areas where the Board may dismiss a complaint.
• Allowed for the failure to comply with a subpoena to be considered during deliberations.
• Modified language in the Board's allowance to question witnesses to clarify that questions
from the Board do not count against a parties allotted time.
• Modified Section E (19) to allow for representation by persons other than legal counsel.
Date: October 12,2018 Report No. 2018-151
• Added a Reconsideration section to clarify that any reconsideration shall follow procedures
stated in the Ethics Ordinance Section 2-283.
• Created an allowance for the Board to recommend modifications to the Ethics Ordinance
and/or rules of procedure.
The revised rules of procedure, included as Attachment 1, will be presented to the City Council
by Board of Ethics Chair Jesse Davis in a work session on October 23, 2018.
ATTACHMENT(S):
1. Rules of procedure redlined draft "M"
STAFF CONTACT:
Bryan Langley
Deputy City Manager
(940) 349-8224
Bryan.Langley@cityofdenton.com
JLD DRAFT W"(Redlined) September 17, 2018
Attachment"A"
('ITY
OF
DENTON
Rules of Procedure for Conducting
Meetings & Hearings
City of Denton, Texas
Board of Ethics
TABLE OF CONTENTS
A. GENERAL.........................................................................................................................................4
1. CONFIDENTIALITY..............................................................................................................4
2. EX PARTE................................................................................................................................4
B. MEETINGS ......................................................................................................................................4
C.ADVISORY OPINION....................................................................................................................5
D. PRELIMINARY ASSESSMENTS.................................................................................................5
E. HEARINGS.......................................................................................................................................6
1. Preliminary Hearing..........................................................................................................6
2. Evidentiary Hearing ..........................................................................................................6
3. Scheduling/ Calling............................................................................................................6
4. Purpose...................................................................................................................................7
5.Authority of Chair................................................................................................................7
6. Call to Order..........................................................................................................................7
7. Recusals..................................................................................................................................7
8. Enter Appearance of the Parties....................................................................................7
9. Procedural Request............................................................................................................8
10. Evidence &Witnesses .....................................................................................................8
11. Subpoena.............................................................................................................................8
12. Exhibits.................................................................................................................................9
13. Decorum..............................................................................................................................9
14. Sworn Testimony..............................................................................................................9
15. Order of Presentaions ....................................................................................................9
16. Statement.............................................................................................................................9
17. Presentation of Evidence...............................................................................................9
18.Witness Tesimoney .........................................................................................................9
19. Legal Representation ...................................................................................................10
20. Time Limitations............................................................................................................10
21. Closing of Statements...................................................................................................10
22. Closing of Hearing..........................................................................................................10
23. Executive Session...........................................................................................................10
24. Deliberation.....................................................................................................................10
25. Reliability of Evidence.................................................................................................11
26. Burden of Proof..............................................................................................................11
27. Determinations ..............................................................................................................11
28.Alternate Members .......................................................................................................11
City of Denton Draft"M" Board of Ethics
Rules of Procedure September 17, 2018 Page 2
CITY OF DENTON
BOARD OF ETHICS
RULES OF PROCEDURE FOR
MEETINGS & HEARINGS
City of Denton Draft"M" Board of Ethics
Rules of Procedure September 17, 2018 Page 3
1. CONFIDENTIALITY
The City of Denton shall strive to maintain a level of confidentiality during the preliminary phases
of processing Complaints in order to avoid unduly tarnishing of peoples'reputations while striving
to provide due process. Confidentiality shall be limited by law, including the Texas Public
Information Act.
Under the Code of Ethics, a Complaint submitted to the City is confidential until it is either
dismissed or placed on an agenda.
The Board of Ethics shall maintain the confidentiality of any document it receives that is
categorized as being subject to common law privacy as defined by Section 552.101 of the Texas
Government Code; trade secrets, audit working papers, certain commercial or financial
information as defined by Section 552.110 of the Texas Government Code; confidentiality of certain
private communications of elected officers as defined by Section 552.109 of the Texas Government
Code; and all other information considered confidential and protected under the Texas Public
Information Act or other law, as applies to Section 552.022 of the Government Code.
Code of Ethics§2-2790).
2. EX PARTE
The Complainant and the Accused are prohibited by the Code of Ethics from communicating
(directly or indirectly) about the subject matter or merits of the Complaint, or any issue of law or fact
about a Complaint, with the Board, any of its members, or witnesses identified in the Complaint (or
filed supplements). Similarly, the Board is prohibited from communicating about the subject
matter or merits of a Complaint, or any issue of law or fact about a Complaint with the parties or
other persons (except for members of the Board,the City Auditor's Office, City Attorney's Office, or
Special Counsel).
Code of Ethics§2-279(k).
B. MEETINGS
1. Calling Meetings. Board meetings shall be called by the Chairperson, or upon request of three
(3) board members, or the City Auditor, at least annually.
2. Call to Order. The Chairperson shall call the hearing to order, announce the time the hearing
is called to order, and state whether a quorum of the board is present. The quorum is four (4)
board members,which can include the Chairperson.
3. Open Meetings. Board meetings shall be conducted in compliance with the Texas Open
Meetings Act.
City of Denton Draft W" Board of Ethics
Rules of Procedure September 17, 2018 Page 4
4. Adjournment. Meetings of the Board maybe adjourned by the Chairperson's initiative or upon
vote of a majority of the members.
Code of Ethics§2-281.
C. ADVISORY OPINION
1. Assignment. The City Auditor shall refer requests to either a Panel or to Special Counsel.
Panels shall be designated by the Chairperson consisting of three (3) board members on a
rotating basis. Three (3) board members must be in attendance.
2. Calling Meetings. Panel meetings shall be called by the City Auditor.
3. Open Meetings. Panel meetings shall be conducted in compliance with the Texas Open
Meetings Act.
4. Notice. The City Auditor shall send a written notification of the Panel meeting to the requesting
City Official at least five (5) calendar days prior.
5. Participation. While the requesting City Official and other persons may attend the meeting,
no testimony or public comments will be accepted.
6. Scope. When assembled, Panels shall respond to a request for an Advisory Opinion by issuing
written guidance regarding how the Code of Ethics applies (if at all) to a particular situation or
behavior. The opinion may contain conclusions and/ or recommendations.
7. Basis of Opinion. A Panel's opinion shall be limited to the facts presented in writing by the
requestor. No additional material will be considered. The opinion shall reflect the majority
position of the Panel.
8. Deadline. A Panel must issue its Advisory Opinion within thirty(30) days of the City Auditor's
receipt of the request.
Code of Ethics§2-278.
D. PRELIMINARY ASSESSMENTS
1. Assignment. The Chairperson shall designate panels consisting of three (3) board members on a
rotating basis.
2. Calling Meetings. Panel meetings shall be called by the Chairperson.
3. Open Meetings. Panel meetings shall be conducted in compliance with the Texas Open Meetings
Act.
City of Denton Draft W" Board of Ethics
Rules of Procedure September 17, 2018 Page 5
4. Notice. The City Auditor shall send a written notification of the Panel meeting to the Complainant,
the Accused, and the City Attorney at least five (5) calendar days prior.
S. Participation. While the Complainant,the Accused,and other persons may attend the meeting,
no testimony or public comments will be accepted.
6. Scope. When assembled,Panels shall determine if a Complaint is Actionable or Baseless, as defined
by the Code of Ethics.
7. Basis. A Panel's review is limited to the contents of the Complaint. No extraneous information may
be considered,unless the Panel wishes to review information as part of a consideration of the accuracy
of the statements made in the Complaint in conjunction with the making of a recommendation that a
hearing be first held on an accepted Complaint to determine if it may be frivolous.
Code of Ethics§2-280.
E. HEARINGS
1. Preliminary Hearing
If a Complaint proceeds to a hearing,the Board of Ethics may conduct a preliminary hearing to:
(a) issue a subpoena requesting the production of data or other evidence from a City Official
needed for the performance of the board's duties and including the board's exercise of its
powers of investigation., subject to Section E(11) of these Rules.-
(b) rule on any procedural requests from the parties, such as Motions for Continuance.
2. Evidentiary Hearing
If a Complaint proceeds to a hearing,the Board of Ethics may:
(a) allow witnesses to attend and testify;
(b) admit evidence; and
(c) make determinations.
3. Scheduling / Calling
Hearings shall be scheduled by the City Auditor upon the filing of:
(a) a Panel determination that a Complaint is Actionable; or
(b) an Appeal challenging a Panel's dismissal of a Complaint as Baseless.
The City Auditor shall send a written notification of the hearing to the Complainant, the Accused, and
the City Attorney at least seven (7) calendar days prior.
Code of Ethics§2-281(c).
City of Denton Draft W" Board of Ethics
Rules of Procedure September 17, 2018 Page 6
F=-- 4. Purpose
The purpose of evidentiary hearing(s) shall be solely to determine whether:
(a) a violation of the Code of Ethics occurred, and if so to assess the appropriate sanction;
(b) an Accepted Complaint was erroneously dismissed as Baseless by a Panel; and/ or
(c) an Accepted Complaint is Frivolous.
5. Authority of Chair
The Chair will control discussion at all times so that only one (1) person speaks at a time. The Chair
will enforce these rules through the following measures:
(a) by calling a person to order, advising them of the rules and requesting compliance;
(b) by ending a person's opportunity to speak on an agenda item; and/or
(c) by ordering a person to leave a meeting and barring the person's presence during the
remainder of the meeting.
The Chair may reasonably extend time limits provided under these rules, either at their own
discretion or by a simple majority vote of the Board. At the expiration of a party's time, the chair
shall ask the party if they feel they have had a full and fair hearing,and if they feel they have had an
opportunity to present all of the relevant evidence and testimony in their hearing,
FE77 6. Call to Order
The Chairperson shall call the hearing to order, announce the time the hearing is called to order,
and state whether a quorum of the board is present. The chair shall identify the Complaint being
considered by the board.
F=-- 7. Recusals
At any point prior to the commencement of deliberations, members of the Board can recuse
themselves. It is preferred that recusals be communicated to the Chairperson prior to a hearing so
that alternate members can be designated. Grounds for recusal can shall include prohibitions
listed in *'fie r^aea ^r Ethics City of Denton Code of Ordinances. Chapter 2. Article XI. Section 2-
273 a (e-.g.-,-Conflicts of Interest), or any other ethical basis deemed compelling by the recusing
member. Board members shall recuse themselves if the City Council member who nominated them
is a party to a Complaint pending before the Board member.
8. Enter Appearance of the Parties
City of Denton Draft"M" Board of Ethics
Rules of Procedure September 17, 2018 Page 7
The Chairperson shall call the parties to announce if they are present. If the Complainant is not
present, the Chairperson shall dismiss the Complaint, close the hearing, and issue a Letter of
Dismissal.
9. Procedural Request
All procedural motions that the Complainant or person charged in the complaint wishes the board
to consider at the evidentiary hearing must be filed with the City Auditor's Office at least four (4)
calendar days prior to the evidentiary hearing. The board shall determine whether to grant
requests that had not been submitted in time for the Preliminary Hearing.
Within one (1) business day after receipt, the City Auditor's Office will promptly forward the
procedural motions to the board members, the city attorney's office, and the opposing party.
In addition to other procedural matters,the board may consider a request for a reset or continuance
of a hearing. The board may also, on its own motion, reset or continue a hearing. At the beginning
of the hearing,the board will consider and rule upon any such request and procedural motions.
F=-- 10. Evidence &Witnesses
No later than by seven (7) calendar days prior to the hearing, the Board of Ethics shall in writing
request the parties to submit to it the identities of their witnesses, briefly describing the matter
each will be expected to testify about, and any sworn statements and documentary evidence they
desire to be considered. The parties shall submit their aforementioned evidence to the City Auditor
within the time specified in the notice (that being no less than four (4) calendar days prior to the
hearing),who shall forward to the parties, Board members and the City Attorney no less than three
(3) calendar days prior to the hearing.
11. Subpoena
Periodically, the need for additional information may be needed when considering a Complaint.
The Board of Ethics has the authority under the Code of Ethics to issue subpoenas for witnesses
and/or records in furtherance of its investigatory and enforcement power under the Code. When
deemed necessary by simple majority, the Board may issue subpoenas to City Officials compelling
their attendance and/or their production of data or other evidence deemed relevant to the pending
Complaint. The scope of the Board's authority to subpoena records is limited to those under the
direct control and in possession of City Officials. Subpoenas will not be issued for persons who
would serve as character witnesses. The subpoena shall be on a form provided by the City
Auditor's Office. Service of subpoenas shall be by the City Auditor's Office.
The Board may consider a party's failure to comply with a subpoena in its deliberations and/or
exclude evidence related to the subject matter of the subpoena offered by the party which fails to
comply.
City of Denton Draft"M" Board of Ethics
Rules of Procedure September 17, 2018 Page 8
A record subpoenaed and produced under the Code of Ethics (as provided by the City Charter)
that is otherwise privileged or confidential by law remains privileged or confidential and shall not
be released to the public unless release is ordered by the Attorney General's office in a ruling
issued pursuant to Section 552.306 of the Texas Government Code or a court of competent
jurisdiction.
At the conclusion of all proceedings regarding a Complaint, records subpoenaed and produced
that are otherwise privileged or confidential by law shall be returned to the producing source and
all copies shall be destroyed in accordance with the City's Records Retention Schedule.
Code of Ethics§2-277(h).
12. Exhibits
All exhibits submitted by the parties shall be numbered sequentially. Complainant's exhibits shall
be pre-marked with the letter "C" followed by a dash, followed by a number; for example "C-1".
The Accused's exhibits shall be pre-marked with the letter "A," followed by a dash, followed by a
number, for example "A-1".
F=-- 13. Decorum
Speakers must confine their remarks to the subject under discussion. Personal attacks and
remarks are prohibited.
F=-- 14. Sworn Testimony
Each witness before testifying at the final hearing shall be duly sworn by the Chair or Presiding
Member.
Code of Ethics§2-281(c)(3).
FE7715. Order of Presentations
Complainant shall open the presentation of the evidence and argument.Accused may then elect to
present evidence and argument in response to the evidence presented to support its defense, but
will not be required to do so. Complainant shall be permitted to present rebuttal evidence on any
defense raised in Respondent's case presentation.
16. Opening Statement
Before presenting any evidence each party shall present their positions with an initial statement in a
narrative form including a summary of documents and witness testimony to be presented. Initial
statements shall not exceed three (3) minutes.
F=-- 17. Presentation of Evidence
City of Denton Draft W" Board of Ethics
Rules of Procedure September 17, 2018 Page 9
The parties may offer such evidence as is relevant and material to the complaint or any defense.
All exhibits submitted in advance of the final hearing shall be admitted at the start of final hearing
except those that the Board finds, after objection by a party, to be inadmissible as hearsay or
speculative. Parties are restricted to evidence submitted in the board packet except if good cause
is shown and granted by the majority of the Board members present.
18. Witness Testimony
Parties may proffer testimony of their witnesses if the witness is present and available for further
examination, if needed. Testimony of witnesses at hearing shall be in question and answer format.
Witnesses for- each Tarty shall also submit: t„ questions f em the ffl-effl-h-e-F-S, „f R,..,,.a. Opposing
parties shall be permitted to cross-examine the witnesses. Members of the Board may question
witnesses, subject to reasonable time limits imposed by the Chair. Questioning by the Board shall
not count against a party's allotted time.
19. LegaLRepresentation
The parties may be accompanied or represented by legal counsel or another representative. A
party's representative may present evidence and conduct examination of witnesses. A party's
representative may not testify on behalf of a party. If a party designates a representative to present
evidence on the party's behalf, then only the representative may present evidence at the hearing
(i.e., the party cannot also present evidence)(e.g., A witness offered by the Complainant can be
questioned by the Complainant, or the Complainant's representative,but not both). Nothing herein
relieves the Complainant of the obligation to testify_.
The paFties may be aeeampanied by, 9F FepFesented by legal counsel. Legal counsel to the paFties
may pFesept evidenee and Panduct direct examination Af witnesses. Legal counsel may not testi.�,
iqn hph;lIf of a party. if a party designates legal counsel to present evidenee A-P__ t-he party's behalf-,
then only the legal counsel may pFesean-A eavid-ean-p-ea _;A the heaFing (i.e., the par-t-y cannot also present.
evidence) (e.g.,A witness offer-ed by the Gemplain-ant ean he questioned by the Complainant-, or-the
Complainant's lawyer-, but ne t h-A-th). Nothing he-Fe4n r--elieve-S the C.emplainant of the obligation to
Code of Ethics§2-281(c)(5).
FE77 20. Time Limitations
The parties shall be permitted thirty (30) minutes per side to present all their witness testimony,
cross-examine opposing witnesses, and present documentary evidence unless otherwise modified
by the Board.
21. Closing Statements
City of Denton Draft"M" Board of Ethics
Rules of Procedure September 17, 2018 Page 10
Each party shall be permitted five (5) minutes to make a closing statement summarizing what they
believe the evidence at the final hearing proved, or failed to prove. Complainant shall go first. Of
the five (5) minutes allotted for closing, the Complainant may reserve a portion of that time to
provide a rebuttal.
F=-- 22. Closing of Hearing
Upon expiration of the timelines allotted and being satisfied that the record is complete, the
Chairperson shall declare the hearing closed. If additional evidence is required, the Chairperson
may seek to continue the hearing.
F=-- 23. Executive Session
The Board can go into executive session (i.e., conduct a closed door meeting) at any point during a
meeting or hearing in accordance with the Texas Open Meetings Act,pursuant to Texas Government
Code § 551.071 (Consultation with Attorney), and/or§ 551.074 (Personnel Matters). However, all
decisions must be made in open session.
24. Deliberations
Upon the closing of a public hearing, the Board shall conduct deliberations. During deliberations,
the Board may discuss the Complaint, any evidence and testimony that was submitted, and the
opinions of the Board members about the credibility of the information before the Board, and the
applicability of the Code of Ethics. Deliberations may be in open or closed session,but all decisions
must be made in open session.
2 5. Reliability of Evidence
The Board shall rely on evidence of which a reasonably prudent person commonly relies in the
conduct of the person's affairs. The amount of weight given to any evidence or testimony shall
solely be at the discretion of the Board.
26. Burden of Proof
Because the burden of showing that a violation of the Code of Ethics occurred is placed on the
Complainant, it is the Complainant that has the obligation to put forth evidence, including
testimony, supporting the Complaint. The Complainant is required to testify at the hearing. A
Complainant's failure to testify at a hearing shall be grounds for dismissal of a Complaint.
Code of Ethics§2-281(c)(4).
27. Determinations
Upon conclusion of deliberations, the Chairperson shall call for a motion. All votes will be voice
vote,with the option for any member to request a roll call vote at any time.
City of Denton Draft W" Board of Ethics
Rules of Procedure September 17, 2018 Page 11
If at any point during any proceeding or hearing of the Board, the Board determines that the complaint
was erroneously accepted because it was filed more than two (2)years after the date of the act or omission
(unless tolled pursuant to the ordinance), the Board shall dismiss the complaint and the Chairperson shall
issue a Letter of Dismissal.
The Board is obligated to render its decision (i.e., imposing or recommending a sanction)within ten (10)
business days after the conclusion of a hearing at which the Board determined that a violation occurred.
The dismissal of a Complaint for any other reason must be communicated by the Chairperson in a Letter
of Dismissal which sets forth the reasons for the dismissal.
Code of Ethics§2-282(b).
28. Reconsideration
Requests for reconsideration shall follow the procedure established in City of Denton Code of Ordinances,
Chapter 2, Article XI, Section 2-283.
298. Alternate Members
Alternate members of the Board of Ethics shall attend meetings only upon request by the City Auditor's
Office. The role of an alternate is to participate in meetings of the Board of Ethics as a replacement for a
regular member who is absent or abstaining.
Upon receipt of an agenda for meeting or hearing, each member of the Board shall immediately (within
twenty-four(24)hours)inform the City Auditor if the member is planning to: (a)not attend; or(b)abstain
from participation. The matter of determining which alternate shall be designated to attend a hearing shall
be at the discretion of the Chairperson.
Code of Ethics§2-277(g).
30. Amendments
The Board of Ethics may recommend amendments to City of Denton Code of Ordinances. Chapter 2.
Article XI. or to its own Rules of Procedure to the City Council a simple majority vote.
City of Denton Draft W" Board of Ethics
Rules of Procedure September 17, 2018 Page 12
Date: October 12,2018 Report No. 2018-152
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Qualified Voter Requirement for Appointed Board Members
DISCUSSION:
We were recently asked to review whether or not individual board and commission members
appointed by City Council must be"qualified voters"of the City of Denton. Currently,the Denton
City Code ("Code") has a general requirements ordinance which states that any individual
appointed to a City board or commission must be a"qualified voter"of the City of Denton.' Under
our Code the word "board" means any "...managerial, administrative, or quasi-judicial body of
persons which has an advisory or deliberative character and whose members are appointed by or
serve at the pleasure of the city council."2 It is important to note that the requirement that
individuals be a "qualified voter" generally does not apply to bodies of a limited duration or
purpose,such as ad hoc committees and task forces unless specified in the bodies' specific enabling
ordinance.3
After reviewing current Federal, State,and local laws we found that there is not a legal requirement
that individuals appointed to local boards and commissions be qualified voters. Our ordinance
requiring board and commission members be qualified voters was passed in 1966 and is a self-
imposed limitation. In light of current law we are recommending our ordinances be updated and
amended to reflect the current qualification recommendations as determined by City Council.
If City Council prefers to remove the qualified voter requirement for individuals appointed to
boards and commissions (with the exception of PUB) then an amendment to the general
requirements ordinance would be necessary. Also, since some boards have specific qualifications
such as profession type or being a resident of the city,board specific ordinances would need to be
reviewed and possibly amended to ensure they are consistent with any amendments to the general
ordinance.4 This would be a relatively simple and straightforward process that could be dealt with
through the consent agenda.
STAFF CONTACT:
Aaron Leal
City Attorney
Aaron.Leal(d,cityofdenton.com
940-349-8376
1 Denton City Code,Sec.2-61.
z Denton City Code,Sec.2-81.
a Denton City Code,Sec.2-64.
n For examples of boards with specific requirements see: Denton City Code,Sec.35-236 Historic Landmark
Commission; Denton City Code,Sec.2-251 Economic Development Partnership Board; Denton City Code,Sec.2-
260 Health Building Standards Commission.
Date: October 12,2018 Report No. 2018-153
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Overview of single room occupancy(SRO) and collegiate housing.
EXECUTIVE SUMMARY:
On October 9, 2018, the City Council requested information comparing single room occupancy
(SRO) developments and multi-family developments in the City of Denton. A survey was
completed in 2017 of six (6) cities with a collegiate presence regarding how these types of
developments were being addressed. The cities polled regulate SRO and multi-family
developments through overlay districts, conditional use permits, and restricting the maximum
number of unrelated occupants per dwelling. Collegiate housing will be addressed in the upcoming
Denton Development Code (DDC)update as well as part of the Oak Gateway Area Plan.
BACKGROUND:
As Denton's universities continue to grow, issues related to the impact that collegiate housing and
SRO developments have on surrounding neighborhoods have become more prevalent. In response
to increasing concern from residents, a work session presentation was made February 21, 2017,
regarding multi-family development standards for collegiate housing.
Following the February 2017 presentation, staff surveyed other communities with similar
proximity to major universities to find out the strategies they use to address resident concerns while
also ensuring adequate housing availability for students. From their research, staff identified two
consistent collegiate housing issues that other college and university towns seek to address: 1) the
impact of large complexes on surrounding neighborhoods; and 2) an increase in the number of
single-family SROs, which are by-the-room occupancy of single-family homes in established
neighborhoods.
SUMMARY OF FINDINGS:
Below is an overview of the planning tools that surveyed cities used in order to resolve issues
related to collegiate housing and single-family SROs:
• Conditional Use Permit (CUP) for development type — The City of San Marcos
established a CUP requirement for purpose-built student housing. In San Marcos,purpose-
built student housing is defined as "one or more buildings containing two or more living
units that are designed, marketed, or used for the primary purpose of housing college
students."This allows the City of San Marcos to review development plans and ensure that
they fit the character of the neighborhoods in which they are proposing to build. More
information on San Marcos' CUP requirement can be found in Section 5.1.4.9 of the San
Marcos Development Code.
• Overlay District—An overlay district is another tool used by the cities that were surveyed
to provide additional requirements for collegiate housing developments in areas
surrounding universities. Overlay districts can either be established by the municipality
(which was done in the City of Bryan), or through a neighborhood petition created overly
Date: October 12,2018 Report No. 2018-153
district(which was done in the City of College Station). In College Station,neighborhoods
must submit a petition with 51 percent of properties in supporting the establishment of an
overlay district. Overlay districts apply additional restrictions on the structure (building
height, offset, parking, etc.). Overlay districts are used to resolve issues with both large
collegiate housing complexes as well as single-family SROs.
• Regulation of Unrelated Occupants—Surveyed cities also restrict the maximum number
of unrelated occupants. The City of Lubbock's maximum number of unrelated occupants
is two and the Borough of State College, Pennsylvania's maximum number of unrelated
occupants is three. By restricting the number of unrelated occupants, municipalities are
able to effectively prevent single-family SROs.
• Neighborhood Conservation District—The City of Bryan allows neighborhood residents
to submit a signed petition of 58 percent of the properties in that neighborhood to create a
residential neighborhood conservation (R-NC) district. A R-NC district limits the
maximum number of unrelated occupants to two whereas the rest of the city is restricted to
four. According to City of Bryan staff, this has been Bryan's most effective tool in
preventing single family SROs in established residential neighborhoods.
RECENT CHANGES:
As a part of the DDC update, staff is analyzing tools to address the specific issues that arise from
collegiate housing developments. One of the primary considerations is establishing a"Collegiate
Housing" designation in the Table of Allowed Uses which would be permitted by right through
either a Specific Use Permit(SUP) or with use specific standards. Use of specific standards could
include off-street parking requirements.A consolidated draft of the DDC update is currently being
prepared based on comments from the public,direction from the Development Review Committee,
and input from staff. The consolidated draft is preliminarily scheduled to be published online in
November 2018.
Staff is also in the process of preparing the Oak Gateway Area Plan. This area plan will include
recommendations and an implementation strategy on how to address mobility, parking, and land
use compatibility in the area surrounding the University of North Texas. As part of this effort,the
Oak Gateway Area Plan Steering Committee has divided the area plan into three sub-areas and
drafted a vision, goals and recommendations for each sub-area. The recommendations have not
yet been finalized, but the committee has discussed applying appropriate zoning districts and/or
special purpose overlay districts in strategic locations. These districts would have specific design
standards that could be used as a solution to address issues related to collegiate housing.
STAFF CONTACT:
Ron Menguita
Principal Planner, Development Services
940-349-8328
Ron.Menguita@cityofdenton.com
Date: October 12, 2018 Report No. 2018-154
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Economic Development Project Names and Non-Disclosure Agreements (NDAs)
EXECUTIVE SUMMARY:
This Informal Staff Report was prepared in response to a request for information from
Councilmember Armintor on project names used in economic development recruitment.
Information on non-disclosure agreements also is included, as they are sometimes a part of
recruitment.
One of the key functions of Economic Development is to attract new businesses to Denton. The
site location process is competitive and often involves sensitive or proprietary information, the
release of which can take Denton out of the running for a project.
Project names and NDAs are two widely-used tools for protecting confidentiality during the
location process. Denton's competitor cities around the state and nation use these tools. If Denton
wants to compete for and win projects, we must be able to use them, too.
Staff understands the need to balance confidentiality with the City's core value of transparency.
To put the issue in context: since 2015, only three of the 18 incentive items that went before
Council used a project name at any point in the process.
DISCUSSION:
Project Names and NDAs in Economic Development
The use of project names is a well-established practice in the field of economic development in
Texas and nationally. Private sector business and industry operate in a global marketplace, and
there are many reasons why confidentiality is important during the recruitment process. Disclosure
of a company's name too early in the process could affect: real estate transactions by increasing
the costs of property; work force; profits and stock value (if the company is publically traded);
giving a competitive advantage to another business or bidder; local negotiations; and relationships
with vendors, suppliers and other third parties. Some companies may also have sensitive or
proprietary information relating to a particular technology or intellectual property, which could
harm the business if it were to be released.
During the recruitment process, cities may be asked to sign an NDA.NDAs also are a routine part
of economic development activities across Texas and around the country, and may be required to
receive preliminary information about a project, such as the company's actual name instead of a
project name. NDAs are not just related to the negotiation of incentives—they allow staff both to
provide and to seek information from the company. This allows for cost/benefit analysis of the
project to help determine whether the project is a good fit for Denton. Often, the types of projects
that require NDAs are desirable — headquarters relocations, publicly traded companies, or
technology or tech-enabled companies.
Date: October 12, 2018 Report No. 2018-154
Staff researched the use of project names and NDAs in 10 Texas cities, Economic Development
Corporations (EDCs), and Chambers. The entities that were contacted are included in Exhibit 1.
All 10 use project names, and 8 of 10 use NDAs.
Leads and Project Names in Denton
The City of Denton receives leads in the form of Requests for Proposals (RFPs) from the Office
of the Governor's Economic Development and Tourism Division, the Dallas Regional Chamber
of Commerce, the Fort Worth Chamber of Commerce, and directly from site location consultants.
It is important to note that when City staff receives an RFP, a project name has already been
assigned by the state or regional economic development entity or consultant. Local economic
development staff only knows the project name,not the actual company name, at the point of RFP
response.
On rare occasions,City staff receives a lead directly from a company. In this case, staff may assign
a name to the project if the company requests confidentiality.
Incentives and Project Names in Denton
The table below provides a summary of the incentives awarded from 2015 to 2018. 2015 was one
of the most active years of incentive investment. Of the 18 incentives and amendments listed,
project names were used for only three of the projects, all of which were new locations to Denton.
WinCo Foods was named Project Ranger One/Denton—Tarrant PRW, LLC; Buc-ee's Travel
Center was named Project Cartoon, and Unites States Cold Storage (USCS) was named Project
Rail Load.
Retention and expansion of current Denton companies is another critical function of the City's
economic development program. Five of the incentives in the table below were awarded for
expansion projects for local businesses, which helped to expand the tax base and retain industry
and their suppliers in Denton. Project names were not used for these retention and expansion
projects.
Incentive Activity 2015-2018
Ord
2015
Peterbilt Motors Expansion I 2015-049 2/17/2015
Business Air Expansion Terminated* 2015-096 4/7/2015
West Gate 380 2015-097 4/7/2015
WinCo Foods** 2015-170 6/16/2015
Victor/MOHR Expansion Terminated* 2015-251 8/18/2015
Railyard Agmt and Commercial Lease 2015-300 9/15/2015
Railyard DEC Management Agmt. 2015-328 10/30/2015
O'Reilly 380 2015-330 11/10/2015
Allegiance/Red Development-Rayzor Ranch 3rd Amd. 2015-331 11/10/2015
O'Reilly Management Agmt. 2015-332 11/10/2015
Date: October 12, 2018 Report No. 2018-154
Buc-ee's Travel Center** 2015-374 12/1/2015
USAG Expansion Terminated* 2015-377 12/15/2015
2016
Peterbilt Motors Amd. Expansion I1 2016-144 5/3/2016
Sally Beauty Co. Morse St.Expansion 2016-341 11/1/2016
West Gate 380 Amd. 2016-342 11/1/2016
West Gate TAA 2016-343 11/1/2016
2017
Allegiance/Red Development-Rayzor Ranch 4th Amd. 2017-113 4/4/2017
BAM Lease Assignment to USAG/Sykes-Vaughan 2017-177 6/20/2017
2018
US Cold Storage** 2018-1065 7/17/2018
*Agreements were terminated due to the grantee not meeting contract thresholds or for the purchase of the company by another
entity.
**Project name used at some stage of the recruitment/incentive approval process
Confidentiality, Transparency, and Process Improvements
As economic developers within a city government, we must balance confidentiality with
transparency. Departmental practices to promote transparency currently include:
• Informing incentive applicants at the outset that transparency is a core value of the City
and advising them to disclose their company identity as early as possible in the process.
• Minimizing the use of closed sessions related to economic development matters; only two
economic development closed sessions have been held since October 2016.
Since October 2016, staff also has made the following improvements to the incentive process:
• Updated incentive application requiring more complete project data
• Fiscal analysis presented to both the Economic Development Partnership Board and City
Council in public meetings
• Council work session a minimum of two weeks before a vote on an incentive application,
allowing time for Council to receive feedback from citizens prior to a vote
• All agreements will have caps on both the dollar amount and the term length of the
incentive
Going forward, incentive request analyses will be presented on a 10-year time frame, even if the
incentive term is shorter than 10 years. This is a best practice that allows for "apples to apples"
comparison of the costs/benefits of different types of economic development projects over a
consistent time frame.
CONCLUSION:
Denton's use of project names and NDAs is well within the norm of economic development
industry standards and the practices of other cities around Texas and the nation. If Denton cannot
ensure confidentiality when necessary, we will not be able to compete to locate new companies
here.
Date: October 12, 2018 Report No. 2018-154
Staff recommends continued use of project names and NDAs when confidentiality is required. To
receive Council direction on the topic, staff will schedule a work session this fall to present the
following options:
1. Do not use project names or NDAs under any circumstances
2. Allow use of project names and NDAs with parameters, such as the disclosure of a
company's identity before a public vote is taken on an incentive request, and a minimum
of two weeks between disclosure of a company's identity and a vote on an incentive
request.
3. Allow use of project names and permit the City Manager or his designee to sign NDAs
if needed, any negotiated deals then are shared with Council following an Economic
Development Partnership Board recommendation and vetted in public similar to a zoning
case.
STAFF CONTACT:
Caroline Booth, Director
Department of Economic Development
940-349-7751 or Caroline.Booth@cityofdenton.com
Exhibit 1: Project Name Comparison by City/EDC/Chamber
Pro
State or City/EDC/ M. cess Project
Local Chamber Used
� .
Partner Assigned
Assigned
Project name until City Council
Internal Committee(Council,Ed and level,unless business allows Were a Type A and B in the past,NDA's
Arlington X X X city Legal staff);City Council disclosure mainly for lar er projects
Chamber Tier I: approved administratively Chamber led initially,Chamber
initiates,City through CM,Tier II,single Council typically signs NDAs,public at Ch. 380 grants only,allow time for
Austin X X X follows item,Tier III public hearing Council Council level public comment
Project Name released as requested
to City Council prior to incentive
Staff review&recommend to City process.If recommended by staff for
Carrollton X X X city Council for approval incentive,name released publicly.
Dallas Regional Chamber typically signs
Incentive application includes TIRZ, Project names used for executive NDAs;TIRZ is gap focused and requires
there is a design panel that reviews the session meetings,names not bank commitments;National
TIRZ projects and implements disclosed until formal action with Development Council(NDC)does their
Dallas X X city guidelines Ordinance underwriting
Chamber Project name until City Council
initiates,City Staff review&recommend to City level,unless business allows Legal department prepared an NDA
Fort Worth X X X follows Council for approval disclosure template
Approval through Executive Board, Project name until approval level,
Frisco X X X EDC Leads utilize Sales Force CRM unless business allows disclosure
Project name until City Council
level,unless business allows Provides a confidential report to Council
Lewisville X X X city A royal throu h City Council disclosure,or if project pulls out on a quarterly basis
EDC is Type A and Community
Development Corp.is Type B,have a
Approval through Executive Board Project name until approval level, standard NDA that they use for all
McKinney X X X EDC Leads appointed by Council unless business allows disclosure agreements
Park&Recreation Facilities Corp. Type
North Richland B, 10%of the 0.5 sales tax allocated for
Hills X city Advisory Board;Council Economic Development
Project name until approval level,
City of Plano X I X I city unless business allows disclosure
Council Requests for Information Revision Date
10/12/2018
Request Request Date Staff Responsible Status Requested By
ISR on Southlake's program was distributed on June 22.ISR
Information on implementing a similar program to regarding ways to achieve intended results in Denton will be
1 Southlake's SPIN program in Denton. 6/26/2018 McDonald/Birdseye distributed with the October 19 Friday Report. Armintor
Work session on permitting options to incentivize
affordable housing including a survey of practices
21 from other municipalities. 6/26/2018 Kuechler A work session is planned for December 18. Armintor
Information regarding the use of project names used in
3 conjunction with economic development projects. 6/26/2018 Booth ISR is included in the October 12 Friday report. Armintor
Develop a strategic plan for homeless shelters in
Denton(current environment,capacity,need,
emergency circumstances,best practices,family
41 shelter options). 7/17/2018 Kuechler A work session is planned for December 11. Armintor/Briggs/Meltzer
Review and possible revisions to the Council Rules of
Procedure to clarify the Mayor's ability to second a
5 motion. 7/17/2018 Leal Legal Status Report is being prepared for distribution. Watts
6 Overview of the Homestead Exemption process. 7/17/2018 Puente/Langley A work session is scheduled for December 4. Armintor
Information on Code Enforcement including overview
of purpose,enforcement,and complaint response
7 practices. 7/24/2018 Lahart/Wood ISR is included in the October 12 Friday report. Armintor
Work Session on DCTA,including the City's role in
8 the current agreement and the services received. 7/24/2018 Canizares/Nelson A work session is planned for November 27. Watts
Update on marketing/advertising policy and naming
9 opportunities at City facilities. 8/2/2018 Langley/Packan A work session is planned for November 27. Hudspeth
Information from Police on drug use trends across the
10 community. 8/21/2018 Smith/Mayo Information will be provided in the October 19 Friday report. Briggs
11 Board of Ethics Rules of Procedure. 8/28/2018 Langley/Rosendahl/Lansford A work session is scheduled for October 23. Watts
ISR on voter registration requirements for appointees
12 City to boards and commissions. 9/11/2018 Leal ISR is included in the October 12 Friday report. Armintor
ISR on enhancing planned fence,monument and other
13 facility upgrades at the IOOF cemetery. 9/18/2018 Packan ISR will be provided in a future Friday report. Watts
acre tract that was purchased for Bonnie Brae
widening project and the potential incorporation of
property into McKenna Park upon construction
14 completion. 9/25/2018 Estes/Packan ISR will be provided in a future Friday report. Meltzer
Three year history on all instances where developer
commitments made to the City Council have been
15 broken. 9/25/2018 McDonald/Cannone Information is included in the October 12 Friday report. Hudspeth
Council Requests for Information Revision Date
10/12/2018
Request Request Date Staff Responsible Status Requested By
ISR on what other municipalities do to require City
16 contractors to pay their employees a living wage. 9/25/2018 Ogden Information will be provided in a future Friday report. Armintor
ISR on permitting requirements to prohibit service
vehicles and large equipment from blocking roadways
17 and major intersections. 9/25/2018 McDonald Information will be provided in a future Friday report. Briggs
Information on providing additional options for
broadband service aside from current service
18 providers. 9/25/2018 Rosendahl/Kuechler/Collister ISR will be provided in a future Friday report. Briggs
Information on potential ways to use Tree Mitigation
Funds to purchase small,wooded parcels to preserve Information will be provided with the November 13 Tree
19 the current tree canopy. 9/25/2018 McDonald/Packan Canopy/Tree Code Discussion work session presentation. Briggs
Develop recommended Code of Conduct for Council Recommendations will be presented during the October 23
20 Members to use when engaging with developers 10/9/2018 Wood/Langley work session. Meltzer/Watts
Information on New Market Tax Credits including
21 which capital projects meet eligibility criteria. 10/9/2018 Langley/Puente/Booth Information will be provided in a future Friday report. Meltzer/Hudspeth
Information and recommendations on Denton's Smart
22 City initiatives. 10/9/2018 Kraft/Wood Information will be provided in a future Friday report. Briggs/Meltzer
Public Meeting for Oak Street/Normal Street/Scripture Staff has included an update on the Park?Development and
residents to express concerns.Potentially invite the an ISR on collegiate housing zoning designations in the
23 developer. 10/9/2018 Menguita/Cannone October 12 Friday report. Armintor
Provide an update on the tree and landscape code in
24 the Friday Report. 10/9/2018 McDonald/Cannone ISR is included in the October 12 Friday report. Briggs
Resolution expressing opposition to CISF license Resolution will be prepared for the October 16 Council
25 requests. 10/9/2018 Banks meeting. Ryan
Provide a report to the Committee on the Environment
(COE)regarding future impact of recycling nuclear
26 waste. 10/9/2018 Banks Information is being prepared for a future COE meeting. Ryan
Information comparing Single Room Occupancy code
27 designation to Multi-Family developments. 10/9/2018 McDonald/Cannone ISR is included in the October 12 Friday report. Duff
Cityof Denton City Hall
215 E. McKinney St.
Denton,Texas 76201
www.cityofdenton.com
DENTON Meeting Agenda
City Council
Tuesday, October 23,2018 1:00 PM Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, October 23, 2018 at 1:00 p.m. in the Council Work Session Room at City Hall,
215 E.McKinney Street,Denton,Texas at which the following items will be considered:
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be
given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda.
A Request to Speak Card should be completed and returned to the City Secretary before Council considers
this item.
2. Requests for clarification of agenda items listed on the agenda for October 23, 2018.
3. Work Session Reports
A. ID 18-1524 Receive a report, hold a discussion, and give staff direction regarding a Fleet Services
facility expansion to add additional services bays to the north side of the current
maintenance shop at the Service Center.
B. ID 18-1737 Receive a report from Board of Ethics Chair Jesse Davis, hold a discussion and give staff
direction regarding the Board of Ethics' Rules of Procedure.
C. ID 18-1742 Receive a report, hold a discussion, and provide staff direction regarding City Council
priorities for upcoming work session report topics.
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. 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,or as otherwise allowed by law.
1. Closed Meeting:
A. ID 18-1390 Deliberations regarding Personnel Matters - Under Texas Government Code Section
551.074.
Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the
City Attorney and City Manager.
B. ID 18-1768 Deliberations regarding Personnel Matters - Under Texas Government Code Section
551.074.
Deliberate and discuss the evaluation, duties, and appointment of an interim Municipal
Judge.
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City Council Meeting Agenda October 23, 2018
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.
Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to
consider the following:
1. PROCLAMATIONS/PRESENTATIONS
A. ID 18-1724 Resolution of Appreciation for Judge Robin Ramsay
2. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to
implement each item in accordance with the Staff recommendations. The City Council has received
background information and has had an opportunity to raise questions regarding these items prior to
consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent
Agenda (Agenda Items A — N). 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 — N below will be approved with one motion. If items are pulled for separate discussion,
they may be considered as the first items following approval of the Consent Agenda.
A. ID 18-1123 Consider adoption of an ordinance of the City of Denton, Texas, amending Section
22-31(13) and 22-31.1, Article II-Park Rules, Chapter 22- Parks and Recreation, Code
of Ordinances of the City of Denton, Texas, to provide for clarification of smoking related
to parks and parks facilities within the City of Denton; providing for a severability clause;
providing for a savings clause;providing for publication; and,declaring an effective date.
B. ID 18-1672 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Delta
Dental Insurance Company for the supply of Voluntary Dental Insurance and United
Healthcare for the supply of Voluntary Vision Insurance for the City of Denton; providing
for the expenditure of funds therefor; and providing an effective date (RFP 6826-
awarded to Delta Dental Insurance Company in the five (5) year not-to-exceed amount of
$6,509,000 and United Healthcare in the five (5) year not to exceed amount of
$625,600). The actual cost will be determined by the number of employees and retirees
electing coverage and the level of coverage selected. This is a pass through cost that is
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City Council Meeting Agenda October 23, 2018
paid 100%by the employee/retiree.
C. ID 18-1676 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract for the
implementation of CodeRED Emergency Notification System and CodeRED Weather
Warning Service with OnSolve, LLC, which is the sole provider of this software. In
accordance with Texas Local Government Code 252.022, provides that procurement of
commodities and services that are available from one source are exempt from competitive
bidding; and if over $50,000 shall be awarded by the governing body; and providing an
effective (File 6912 - awarded to OnSolve, LLC, for a three (3) year not-to-exceed
amount of $134,000).
D. ID 18-1680 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract through the Buy
Board Cooperative Purchasing Network Contract Number 515-16 for Holt Caterpillar
(CAT) equipment repair services for the City of Denton Fleet Services Department;
providing for the expenditure of funds therefor; and providing an effective date (File 6878
- awarded to Holt CAT of Texas, for one (1) year, with the option for two (2) additional
one(1)year extensions,in a total not-to-exceed amount of$375,000 for all years).
E. ID 18-1682 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the City Manager to approve a contract for the annual
supply of police patrol and supervisor vehicles for the City of Denton Police Department;
providing for the expenditure of funds therefor; and providing an effective date (IFB
6863-awarded to James Wood Autopark, Inc., in the three (3) year not-to-exceed
amount of$2,100,000).
F. ID 18-1684 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract through the
Department of Information Resources (DIR) Cooperative Purchasing Network Contract
Number DIR-TSO-3041 with Ricoh-USA, Inc. for production printing equipment for the
City of Denton Reprographics division; providing for the expenditure of funds therefor;
and providing an effective date (File 6889- awarded to Ricoh USA, Inc. in the amount of
$81,293.04).
G. ID 18-1709 Consider approval of a resolution repealing the city of Denton's multiple departmental
sponsorship policies, reference numbers 17-050, 18-095 and 18-224; replacing the
repealed sponsorship policies with one consolidated city sponsorship policy; and
providing an effective date.
H. ID 18-1710 Consider approval of a resolution re-establishing a standing committee of the City Council
of the city of Denton, Texas to be known as the Hotel Occupancy Tax (HOT) and
Sponsorship Committee and assigning it additional duties; and providing an effective date.
1. ID 18-1713 Consider adoption of an ordinance of the City of Denton, Texas, approving a City
sponsorship in an amount not to exceed $X,XXX of in-kind services and resources for
the Denton County Veterans Coalition Stand Down event on Wednesday, October 24
and Thursday, October 25, 2018, at Denton Civic Center; and providing an effective
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City Council Meeting Agenda October 23, 2018
date.
J. ID 18-1714 Consider adoption of an ordinance of the City of Denton, Texas, granting the Denton's
Day of the Dead Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise
exception on Saturday, October 27, from 11 a.m. to 9 p.m. at the corner of Mulberry
Street and Industrial Street; granting a variance in amplified sound levels from 70 to 75
dba for an outdoor music festival; and providing an effective date.
K. ID 18-1715 Consider adoption of an ordinance of the City of Denton, Texas, granting the Singing
Oaks Church of Christ, pursuant to Section 17-20 of the Code of Ordinances, a noise
exception on Sunday, October 28, from 2 p.m. to 5 p.m. at South Lakes Park; granting a
variance in hours of operation for amplified sound levels for an outdoor event; and
providing an effective date.
L. ID 18-1719 Consider approval of a resolution repealing the City of Denton's Use of the City Hall
Meeting Spaces Policy Reference Number 500.01, and repealing the Use of Conference
Rooms Policy Reference Number 500.02; incorporating a Use of City Facilities and
Meeting Rooms Policy Reference Number 500.06, of the City's current policies and
procedures; and providing an effective date.
M. ID 18-1726 Consider approval of a resolution allowing Campus Theatre Concessions, LLC to sell
alcoholic beverages for Denton's Day of the Dead Festival, on Saturday, October 27 at
the Williams Trade Square parking lot upon certain conditions; authorizing the City
Manager or his designee to execute an agreement in conformity with this resolution; and
providing for an effective date.
N. ID 18-1774 Consider approval of the minutes of September 25, October 1,and October 9,2018.
3. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 18-1482 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a professional services
agreement between the City of Denton and HR Green, Inc., for Engineering Development
Services related to the review of Development Construction Projects for the City of
Denton, as set forth in the agreement; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 6818- Professional Services Agreement for Engineering
Development Services awarded to HR Green, Inc. in the not-to-exceed amount of
$486,392).
B. ID 18-1741 Consider approval of a resolution repealing Resolution 2007-030 and creating an
advisory committee on persons with disabilities; and providing an effective date.
4. CONCLUDING ITEMS
Page 4 Printed on 1011112018
City Council Meeting Agenda October 23,2018
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics,above posted.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas,on the day of ,2018 at o'clock(a.m.)(p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM 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.
Page 5 Printed on 1011112018
Sunday Monday Tuesday Wednesday Mursday Friday Saturday
1 11:30 am Joint 2 3 4 5 6
Council/DISDLuncheon No Council Meeting 4 p.m. Public Art
11:OOam Committee on Committee
the Environment
Cancelled
5:30p m Traffic Sa fe ty National Night Out
Commission
Park Board 6pm
7 8 9 10 11 12 13
9:OOam Pub he Utilities 10:30am Committee on 11:OOam EDP Board
Board Citizen Engagement Cancelled
5:30pm HLC 11:OOam Mobility 4:30pm P&ZWork
Committee-Cancelled Session
6:30pm P&ZRegular
2:00 pm 2nd Tuesday Session
Session
14 15 16 17 18 19 20
Ha BSC o Meeting
2:00 pm CC Work 4pm 11:00 Development
Session Code Review
6:30 pm CC Regular
Se ssio n
21 22 23 24 25 26 27
6:OOpm Public Utilities 2:00 pm 4th Tuesday 5:OOpm P&ZWork
Bo a rd Se ssio n Se ssio n
6:30pm P&ZRegular
Se ssio n
28 29 30 31
4:00 pm ZBA No Council Meeting
10/10/2018 9:58 AM
November2018
Sunday Monday Tuesday Wednesday Mursday Friday Saturday
1 2 3
4 p.m. Public Art
Committee
4 5 6 7 8 9 10
9:00am Committee on 2:00 pm CC Work
the Fnvronment Session
11:30 am Council 6:30 pm CC Regular
Luncheon Session
5:30pm Traffic Safety
Commission
ParkBoard 6pm
11 12 13 14 15 16 17
9:00a m Public Utilities 11:00a m Mob ility 11:00a m EDP Board Ha BSCo Meeting
Board Committee
2:00 pm 2nd Tuesday 5:00pm P&ZWork
5:30pm HLC Session Session
6:30pm P&ZRegular
Session
18 19 20 21 22 23 24
No Council Meeting 'Ihanksgiving Day After
Day - 'Ihanksgiving -
C ity Ho lid a y C ity Ho lid a y
25 26 27 28 12:00 DTTF 29 30
2:00 pm 4th Tuesday 5:00pm P&ZWork
6:00pm Public Utilities Session Session
Board-tentative 6:30pm P&ZRegular
Se ssio n
4:00pm7BA
10/10/2018 9:58 AM
10/12/2018
Future Work Session Items
Meeting Date Currently Slated Work Session Items
Fire Pension Plan for Park Capital Project
16-Oct Dispatchers Stoke Annual Report Update
Work Session Fleet Services Board of Ethics Rules Council Developer
23-Oct Strategy Session Expansion of Procedure Code of Conduct
Future Process for
Council Appointee Airport Strategic Plan State Legislative
5-Nov Lunch Reviews Update Update
Community
Development and
Human Advisory
Committee LINT Athletic Facility Historic Preservation Work Session on
6-Nov Application Process Master Plan Master Plan SROs
Tree Code
Discussion/Tree Employ 2 Empower Work Session
13-Nov Canopy Program Update North Lakes Dog Park Strategy Session City Hall West
Update on
Downtown Design Marketing/Naming
27-Nov Standards Policy Patrick Park DCTA Overview
Library Annual Strategic Plan
3-Dec Lunch Report Update
Homestead Employee Ethics City Hall East Facility Tennis Center
4-Dec Exemption Options Policy Update Plan for PD Update
BMR/Rubble
Processing Business Strategic Plan for Airport Leasing Special Event
11-Dec Case Analysis Homeless Shelters Analysis Ordinance Update
Denton Development Recycling Business Work Session Affordable housing
18-Dec Code Case Analysis Strategy Session incentives
1-Jan Lunch
DME Risk
8-Jan Impact Fees Floodplain CRS Management Policy
Purchasing Manual Work Session
15-Jan Update Strategy Session
4-Feb Lunch
Solid Waste Mid-Year Housing Tax Credit
5-Feb Budget Review Applications Mews Streets
Yard Waste Home Chemical
Collection Business Collection Business
12-Feb Case Analysis Case Analysis
Enhanced Leachate
Recirculation
Median Design Business Case Solid Waste Rate Work Session
19-Feb Standards Analysis Discussion Strategy Session
Construction Projects Report
clTv Week of October 15-21,2018 IMPROVING
OF
DENTCN
DENTQNFor general inquiries and questions,please contact the Project Management Office at(940)349-7227
Proposed Date Proposed Date Other Department Updated Information/
Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes
CURRENT PROJECTS See Yellow Highlighted for Ma'or Closures
Ave.A Maple Eagle 3/19/18 10/30/18 LINT 2018 Residence Hall Project Engineering N/A Coordinate with (940)349-8910
(Both SB Lanes Closed) UNIT
Ave.C Hickory Mulberry 9/24/18 1/2/19 LINT Monument Wall Public WorksUNT Project (940)349-8905
(Road Closure) Inspections
Panel Replacement Contacted
Bell Ave. Roberston Sycamore 10/8/18 11/2/18 (Temporary Lane Closures) Streets 9/26/18 Surrounding (940)349-7160
Businesses
Panel Replacement Contacted
Bell Ave. Sycamore Hickory 10/8/18 11/2/18 (Temporary Lane Closures) Streets 9/26/18 Surrounding (940)349-7160
Businesses
Bonnie Brae St. Roselawn North of 7/1/2017 7/1/2019 Street Widening Engineering 6/14/18 (940)349-8910
Vintage (Phase 1)
Londonderry Street Improvements
Camden Ct. Londonderry Dead End 10/1/18 1/18/19 Phase II of III Streets 9/24/18 (940)349-7160
(Street Closure)
Curb and Gutter Replacement, Contacted
Coronado Dr. Locust Bell 10/1/18 10/19/18 Basefailure Repair Streets property (940)349-7160
(Temporary Lane Closures) managers
Dakota Ln. Airport Shelby 10/8/18 11/9/18 Panel Replacement Streets N/A Contacted (940)349-7160
(Temporary Lane Closures) Businesses affected
Box Culvert Installation Part of Eagle
Elm St. Eagle Maple 10/16/18 12/11/18 Engineering 10/11/18 Communications,visited (940)349-8910 New Project
(Temporary Lane Closures) businesses on 10/11
City of
FM 2181 Denton/Corinth Lillian Miller 7/11/17 2/1/20 Street Widening TxDOT TxDOT (940)-387-1414
City limits
Page 1 of 5
Proposed Date Proposed Date Other Department Updated Information/
Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes
Fulton St. Oak Broadway 6/7/18 11/16/18 Water Main Construction Water 6/5/18 (940)349-7167
(Street Closure)
Hickory St. Ave C Ave B 9/24/18 1/2/19 Phase III Street Reconstruction Streets 9/12/18 (940)349-7160
(Street Closure)
Jim Christal Rd. Western Blvd Scripture 7/3/18 10/15/18 Utility Line Construction Water/WW N/A Contacted (940)349-8463
(Road Closure) Businesses affected
Joyce Ln. N.Elm Gardenview 9/5/18 10/26/18 Street Reconstruction Streets 8/21/18 (940)349-7160
(Temporary Lane Closures)
Wastewater Manhole Failure Nextdoor
Kendolph Ln. Intersection of Whippoorwill 10/5/18 10/19/18 (Temporary Lane Closures) Wastewater N/A Notification, (940)349-7300
Door Hanger
Londonderry Street Improvements
Kingswood Ct. Londonderry Dead End 10/1/18 1/18/19 Phase II of III Streets 9/24/18 (940)349-7160
Street Closure
Londonderry Ln. Westminster Hollyhill 10/17/18 11/21/18 Water/Wastewater Improvements Water 9/25/18 (940)349-7167 New Project
(Street Closure)
Mayhill Rd. US 380 Edwards 9/1/17 2/1/20 Street Widening Engineering 1/3/18, 1/24/18 Door Hangers (940)349-8910
(Temporary Lane Closures)
Mistywood Ln. Woodhaven Jamestown 9/13/18 12/21/18 Wastewater Main ReconstructionWastewater 8/23/18 (940)349-7300
(Temporary Lane Closures)
Myrtle St. Eagle 200' North 9/4/18 5/1/19 Eagle Drainage Improvements Engineering 8/21/18 Contacted DCTA (940)349-8910
(Street Closure)
Paisley St. Frame Ruddell 10/15/18 1/25/19 Street Reconstruction Streets 10/3/18 (940)349-7160 New Project
(Temporary Lane Closures)
Prominence Pkw Ma hill Atlanta 1 31 18 11 14 18 Water and Wastewater Crossing Engineering 1 24 18 Door Hangers 940 349-8910
Y• Y / / / / g g / / g ( )
(Road Closure)
Rine Rd. N.Elm Solana 9 29 17 11 2 18 Road Removal and Replacement Engineering Yes Electronic Signs
y / / / / g g g (940)349-8910
(Road Closure)
Street Panel Replacement/Sidewalk
Saint Clair Dr. Loon Lake Lamprey 10/1/18 11/2/18 Repair Streets Door Hangers (940)349-7160
(Temporary Lane Closures)
Shadow Trl. Plum Hollow Windbrook 8/6/18 10/19/18 Street Reconstruction Streets 8/2/18 (940)349-7160
(Street Closure)
Page 2 of 5
Proposed Date Proposed Date Other Department Updated Information/
Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes
Lowe's Water,Drainage,Road Construction Contacted
Spencer Rd. Mayhill 4/2/18 11/28/18 Water 3/16/2018,9/14 departments affected (940)349 8910
Driveway (Road Closure)
Swan Park Dr. Montecito Glen Falls 10/1/18 10/26/18 Sidewalk Repair Streets Door Hangers (940)349-7160
(Temporary Lane Closures)
Sycamore St. Bell Industrial 10/1/18 10/15/18 Storm Sewer Installation Public Works 9/24/18 (940)349 8908
(Street Closure) Inspection
N.E.Corner Wastewater Reconstruction Construction
Teasley Ln. Robinsone 10/8/18 10/19/18 N/A (940)349-7300
Teasley (Temporary Lane Closures) outside of roadway
Thomas St. Scripture Oak 9/3/18 10/15/18 Water Main Construction Water 8/1/18 (940)349-7167
(Temporary Lane Closure)
Thomas St. TBD TBD Streets Construction
Street Panel Replacement/Sidewalk
Thoroughbred Tr. Salon Butler 10/1/18 11/2/18 Repair Streets Door Hangers (940)349-7160
(Temporary Lane Closures)
Wayne St. Boyd Mozingo 8/29/18 10/20/18 Wastewater Reconstruction Wastewater 8/20/18 (940)349-7300
(Temporary Lane Closures)
Inlet Improvements,ADA Ramp
Communicated
Welch St. Mulberry Chestnut 10/8/18 11/2/18 Installation,Box Culvert Replacement Drainage 10/4/18 (940)349-8488
(Road Closure) with LINT,DCTA
UNT 2018 CVAD Project
Welch St. Mulberry Chestnut 4/11/18 10/24/18 Drive approach/Sidewalk Engineering 3/19/18 3/30/2018,9/12 (940)349-8910
(Southbound Temporary Lane
Closures)
Wellington Dr. Heather Stratford 9/26/18 11/1/18 Streets Construction Streets 9/20/18 (940)349-7160
(Temporary Street Closure)
Page 3 of 5
Proposed Date Proposed Date Other Department Updated Information/
Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes
COMPLETED PROJECTS
Engineering Dr.Eagle East of Elm 9/17/18 10/16/18 Sanitary Sewer Construction En 9 10 18 940 349-8910 New Completion
g Carroll (Street Closure) g g / / ( ) P
Edwards Rd. Camino Real Swisher 6/4/18 9/28/18 Street Reconstruction Streets 5/17/2018,9/10 HOA Contacted (940)349-7160
(Temporary Lane Closures)
y / / / / Street Resurfacing / / / g ( )
Emery St. Alice Coit 6 25 18 10 12 18 Streets 6 11 2018,9 10 Door Hangers 940 349-7160
(Temporary Lane Closures)
Locust St. 3rd Gary 9/24/18 9/28/18 Fire Line Installation Water Door Hangers (940)349-7167
(Temporary Lane Closures)
Curb and Gutter
Sun Valley Dr. Stuart Dead End West 5/14/18 10/12/18 Street Resurfacing, Streets 5/1/2018,9/10 Door Hangers (940)349-7160
(Temporary Lane Closures)
Curb and Gutter
Valley View Rd. Kings Row Sun Valley 5/14/18 9/28/18 Street Resurfacing, Streets 5/1/2018,9/10 Door Hangers (940)349-7160
(Temporary Lane Closures)
UPCOMING PROJECTS
Atlas Dr. Redstone Hercules 10/22/18 12/21/18 Wastewater Main ReconstructionWastewater (940)349-7300
(Temporary Lane Closures)
Bonnie Brae St. Roselawn 135E 1/15/19 1/15/20 North South Water Main Phase 2 Water (940)349-8910
(Temporary Lane Closures)
Water Improvements
Bowling Green St. Georgetown Auburn 11/19/18 12/31/18 (Daily Street Closure will re-open end Water (940)349-7167 New Project
of each day)
Wastewater Main Reconstruction
Fulton St. Congress Gregg 12/26/18 2/7/19 Pase I of II Wastewater (940)349-7300
(Temporary Lane Closures)
Fulton St. Summer 2019 TBD Streets Streets (940)349-7160
Hettie St. Paisley Davis 5/1/19 TBD Water,Wastewater,and Streets Multiple
Hickory Creek Rd. Teasley Riverpass 1/1/19 6/1/20 Street Widening Engineering (940)349-8910
(Temporary Lane Closures)
Page 4 of 5
Proposed Date Proposed Date Other Department Updated Information/
Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes
Phase I-Storm Water Improvements
Hinkle Dr. University Windsor 1/1/19 1/1/20 (Magnolia Drainage Ph 11 Engineering (940)349-8910
Temporary Lane Closures)
Water Improvements
Kerley St. Shady Oaks Duncan 11/26/18 2/28/19 (Daily Street Closure will re-open end Water (940)349-7167 New Project
of each day)
Londonderry Street Improvements
Londonderry Ln. Teasley Hollyhill 11/12/18 1/18/19 Phase III of III Streets (940)349-7160
Street Closure
Panhandle St. Carroll Bolivar TBD TBD Street Resurfacing,Curb and Gutter Streets 4/9/18 Door Hangers (940)349-7160
(Temporary Lane Closures)
PEC 4-Engineering In Design Installing Underground Box Culvert Engineering (940)349-8910
Kansas City Drainage and Roadway Construction
Roselawn Dr. Bonnie Brae Southern RR TBD TBD (Bonnie Brae Phase 1 Engineering N/A (940)349-8910
One Lane traffic control)
Stuart Rd. Windsor Kings Row TBD TBD Concrete Curb and Gutter Repair Streets (940)349-7160
(Temporary Lane Closures)
0.26 mi south of Public Meeting Start date extended from
US 377(Ft.Worth Dr.) IH 35E FM 1830 11/15/18 TBD Street Widening TxDOT 9/25/18 10/8 (940)387-1414 10/17/18
Vintage Blvd. US 377 135W 3/1/2019 2021 Street Widening Engineering (940)349-8910
(Bonnie Brae Phase 2)
Walnut St. Locust Austin 10/29/18 12/30/18 Atmos Service Connection Engineering (940)349-8914 New Project
(Street Closure)
Page 5 of 5