HomeMy WebLinkAboutAugust 3, 2010 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
August 3, 2010
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, August 3, 2010 at 3:30 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. Requests for clarification of agenda items listed on the agenda for August 3, 2010.
2. Receive a report, hold a discussion and give staff direction regarding the creation of a
Tax Increment Refinancing Zone District for Downtown.
3. Receive a report, hold a discussion and give staff direction regarding the Denton County
Transportation Authority's A-train service levels.
4. Receive a report, hold a discussion, and give staff direction concerning the proposed
Downtown Implementation Plan. This item will also include discussion on the proposed
Form Based Code, proposed Wayfinding System, proposed amendment to the Mobility
Plan, and proposed future engineering studies. (SI10-0001, DTIP)
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
CLOSED MEETING
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code, Section 551.071.
1. Consultation, discussion, deliberation, and receipt of information from the
City's attorneys regarding potential litigation with Denton County Electric
Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to
disputes concerning franchise issues, where public discussion of these
legal matters would clearly conflict with the duty of the City's attorneys to
the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
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. GOVT. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY
City of Denton City Council Agenda
August 3, 2010
Page 2
ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN
MEETINGS ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U. S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - K). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - K below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance of the City of Denton approving an easement
to Dallas MTA, L.P. d/b/a Verizon Wireless across City of Denton property,
being a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the
City of Denton, Denton County, Texas, and being a portion of the remainder of
Lot 1, Block 2 of The Municipal Utility Addition, an addition to the City of
Denton, Texas, as recorded in Cabinet G, Page 346, Plat Records of the Real
Property Records of Denton County, Texas; and declaring an effective date. The
Public Utility Board recommends approval (4-0).
City of Denton City Council Agenda
August 3, 2010
Page 3
B. Consider adoption of an ordinance abandoning and vacating a public utility
easement from Fry Street Partners, Ltd. to the City of Denton recorded by
Volume 451, Page 71 of the Deed Records of Denton County Texas, in the E.
Pulchalski Survey, Abstract No. 996; and declaring an effective date. The Public
Utilities Board recommends approval (5-0).
C. Consider approval of a resolution of the City Council of the City of Denton,
Texas, authorizing issuance of a Notice of Intent that the City of Denton intends
to establish a Tax Increment Financing Reinvestment Zone, pursuant to the Tax
Increment Financing Act, Texas Tax Code Ann., Chapter 311, for the City of
Denton, Texas; providing an effective date. The Economic Development
Partnership Board will consider this item at its August 3 meeting.
D. Consider a request for an exception to the Noise Ordinance for the purpose of
performing live music during three House Concerts hosted by Cassandra
Fuhrmann. The House Concerts will be located at 616 Woodland Street,
beginning at 5:00 p.m. and concluding at 8:00 p.m., on the following Sundays:
August 22, September 26 and October 24, 2010. This request is for an increase in
decibels from 65 to 69 and for amplified sound on Sundays. Staff recommends
approving the noise exception request.
E. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for concrete crushing services for the City of Denton Landfill;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 4519-Annual Contract for Concrete Crushing Services awarded to the lowest
responsible bidder meeting specification, Big City Crushed Concrete, in the
annual estimated amount of $210,000). The Public Utilities Board recommends
approval (6-0).
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a first amendment to a Professional and Personal
Services Agreement with KEMA, Inc., a corporation for examining for the THE
and NERC regulatory compliance of the Denton Municipal Electric System;
authorizing the expenditure of funds therefor in the further amount not-to-exceed
an additional $86,360; and providing an effective date (File 4412-aggregating
not-to-exceed $255,940).
G. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of Cem-Line
from TXI, which is available from only one source in accordance with the
pertinent provisions of Chapter 252 of the Texas Local Government Code
exempting such purchases from the requirements of competitive bidding; and
providing an effective date (File 4538-Purchase of Cem-Line for Street
Department in the unit price amount of $135/dry ton for an annual estimated
amount of $300,000).
City of Denton City Council Agenda
August 3, 2010
Page 4
H. Consider adoption of an ordinance of the City of Denton, Texas, granting,
pursuant to Section 17-20 of the Code of Ordinances of the City of Denton,
Texas, an exception to the limitations imposed by that Section with respect to
sound levels and hours of operations for an outdoor music festival; and providing
an effective date. The North Texas State Fair Association is requesting a three-
year exception (years 2010-2012) for the North Texas State Fair and Rodeo,
which begins on the third Friday of August and ends on the fourth Sunday of
August. The exception requested is for Monday through Thursday until 12:00
midnight, Friday and Saturday until 1:00 a.m., and until 11:00 p.m. on Sunday.
Staff recommends approving the three-year noise exception request.
L Consider approval of a resolution by the City Council of the City of Denton,
Texas, recognizing the mission of the Clear Creek Natural Heritage Center to
inspire environmental partnership and stewardship, as well as to provide an
understanding of the natural heritage of North Central Texas; recognizing that the
Center will be developed using sustainable building practices and will serve as a
learning center for environmental citizenship and sustainability; endorsing the
"Clear Creek Long-Range Plan" prepared by staff, implementing the said Long-
Range Plan for the period beginning FY 2010-2011 and Ending FY 2014-2015
inclusive; expressing the City's intention to participate and contribute to said
Long-Range Plan; finding that the Clear Creek Facilities and the "Clear Creek
Long-Range Plan" benefit the public and safeguard the public welfare; providing
for an effective date.
J. Consider approval of a resolution voting for a member to the Board of Managers
of the Denco Area 9-1-1 District; and declaring an effective date.
K. Consider approval of a resolution of the City of Denton, Texas in support for the
High Speed Intercity Passenger Rail (HSIPR) Program project nomination
through the Texas Department of Transportation, Rail Division authorizing the
Texas Department of Transportation to submit an application to receive funding
to perform preliminary engineering (PE) and National Environmental Protection
Act (NEPA) activities for an Amtrak passenger station stop at Krim, Texas for
the benefit of the citizens of Denton and Denton County and, if the grant is
approved, to facilitate interlocal agreements with the City of Krim and Denton
County and take other actions necessary to implement the grant, and provide an
effective date.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointments to the following boards and commissions:
1. Human Services Advisory Committee
2. Library Board
3. Public Art Committee
4. Zoning Board of Adjustment
B. 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
City of Denton City Council Agenda
August 3, 2010
Page 5
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.
C. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
D. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of 2010 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY'S OFFICE.
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Economic Development
CM: George C. Campbell
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the creation of a Tax
Increment Financing Reinvestment Zone (TIF) in Downtown.
BACKGROUND
A Tax Increment Financing Reinvestment Zone (TIF) is also known as a Tax Increment
Reinvestment Zone (TIRZ). For the purpose of this discussion, we will continue to call the zone
a TIF to avoid any confusion with other types of reinvestment zones. A TIF is a mechanism to
fund needed public improvements in a defined area in order to stimulate private development and
redevelopment. An ad valorem base is established in the first year and the revenue from the
increased valuation from subsequent years is reallocated to TIF development.
The City Council reviewed the process and purpose of a TIF in 2008. At that time, staff was
recommending the creation of a Downtown TIF. After several meetings regarding the
Downtown TIF, it was decided that the Council would postpone the establishment of the TIF
until the Downtown Implementation Plan (DTIP) was complete. The DTIP will identify specific
projects and goals in order to spur development and redevelopment in Downtown, as well as
financing opportunities. This plan follows the Downtown Master Plan, approved in 2003, and
the 2005 RTKL Catalyst Project study.
The City Council will receive a presentation of the DTIP on August 3rd. The City enlisted the
consulting firm, Jacobs, to assist in development of this plan. The DTIP focuses on
implementation of the master plan, including:
• creating a parking plan
• effectively managing solid waste and coordinating recycling efforts
• promotion of transit oriented development
• linkages to downtown
• an open space outdoor venue strategy
• a complete streets concept and bicycle mobility strategy
• establishing design standards for the Central Business District in a form based code
• project financing opportunities
Based on the recommendations of the Downtown Master Plan, the RTKL study and the
Downtown Implementation Plan, staff recommends the creation of a TIF Reinvestment Zone for
the downtown area. In previous discussions regarding a TIF for downtown, Council requested
information on specific projects that would be eligible for TIF funds. Although the DTIP does
not provide information on specific projects, it does identify the types of projects needed and
-1-
areas where eligible projects should be considered. For example, the DTIP identifies three
locations for parking strictures.
The proposed TIF district duplicates the boundaries of the Downtown Implementation Plan,
excluding the tax exempt properties around and including Quakertown Park. The district is
approximately one-half the size of the TIF district recommended in 2008, which contained
approximately 900 properties. The current recommended district contains approximately 440
properties. The estimated value generated by the 2008 TIF was $35 million, compared to $23.6
million for the revised boundaries. These dollars assume that neither the Denton ISD or Denton
County will participate in the TIF.
The first step in the TIF process is to notify the other taxing entities of the City's intent to create
the TIF district. To meet the required TIF deadlines and to allow enough time for Council to
discuss the details of the proposed TIF, staff placed the Notice of Intent resolution on the August
3, 2010 agenda for consideration. The approval of the resolution does not bind the Council to
the creation of the TIF, but is advisable in order to keep open the option of creating the TIF
before the end of this calendar year and to be effective in calendar year 2011. Once the notice
is issued, the Council must wait a minimum of 60 days before moving forward with the public
hearing and adoption of the TIF.
ESTIMATED SCHEDULE OF PROJECT
The proposed schedule for remaining TIF actions includes:
August 2010 A Notice of Intent resolution, notifying the County and Denton ISD that
the City intends to establish a TIF is a requirement of TIF riles.
October 2010 Conduct a public hearing to provide for public input regarding the TIF
Ordinance establishing the TIF, authorizing the TIF Board and creating a
TIF fund. The Board consists of at least five and not more than fifteen
members. Council members may serve on the TIF Board.
November 2010 TIF Board presents final project and finance plans to City Council.
Adopted by ordinance.
PRIOR ACTION/REVIEW
The Downtown Master Plan, RTKL Catalyst Project study, and the Downtown Implementation
Plan (DTIP) have all been reviewed and are supported by the Economic Development
Partnership Board and the Downtown Task Force. The Downtown Task Force served as the
steering committee for the DTIP process.
FISCAL INFORMATION
It is estimated that the TIF would generate approximately $23.6 million over a 30 year period for
downtown improvements.
-2-
EXHIBITS
Notice of Intent Resolution
Exhibit A - Boundary Description
Exhibit B - TIF Map
Respectfully submitted:
F
Linda Ratliff, Director
Economic Development Department
llcodadldepa=entsllegallour documentslresolutionsllolresolution-notice of intentAne
RESOLUTION NO.
A RESOLUTION AUTHORIZING ISSUANCE OF A NOTICE OF INTENT THAT THE CITY
OF DENTON, TEXAS INTENDS TO ESTABLISH A TAX INCREMENT FINANCING
REINVESTMENT ZONE, PURSUANT TO THE TAX INCREMENT FINANCING ACT,
TEXAS TAX CODE ANN., CHAPTER 311, FOR THE CITY OF DENTON, TEXAS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton intends to establish a Tax Increment Financing
Reinvestment Zone for the City of Denton pursuant to the Tax Increment Financing Act ("Act") for
the purpose of encouraging development; and
WHEREAS, the boundaries of the Tax Increment Financing Reinvestment Zone No. I (TIF
# 1), are described in the attachment designated as Exhibit "A" and shown on the map attached
hereto as Exhibit "B", said area for TIF # 1 being within the city limits of the City of Denton; and
WHEREAS, Section 311,003 of the Act provides that not less than the 60th day before the
date of the Public Hearing, the governing body of the municipality must notify in writing the
governing body of each taxing unit that levies real property taxes in the proposed Zone that the
municipality intends to establish a Tax Increment Financing Reinvestment Zone; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTIONI. The City Manager is hereby directed to send all taxing entities a copy of the
Notice of Intent to create Tax Increment Financing Reinvestment Zone No. 1 (TIF # 1); and
SECTION 2. The Notice shall include all descriptions and other documents as required by
State law; and
SECTION 3. This resolution shall be effective immediately upon its passage.
PASSED AND APPROVED this 3rd day of August, 2010
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
1lcodadldepartmentsllegahour documentslresolutionsllUlresolution-notice of intent.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r
BY:
EXHIBIT A
CITY OF DENTON
TAX INCREMENT FINANCING REINVESTMENT ZONE No. I
BOUNDARY DESCRIPTION
Beginning at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the
POINT OF BEGINNING;
THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW
intersection of Carroll Blvd. and W. Parkway Street;
THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW
intersection of W. Parkway Street and Locust;
THENCE, south along the east ROW of Locust to the north ROW of McKinney;
THENCE, east along the north ROW of McKinney to a point directly north of the southeast
corner of the ROW intersection of McKinney and N. Bradshaw Street;
THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw
Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street;
THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in
the Fred Hill Addition, Block A, Lot 1;
THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block
A, Lot 1 to the northwest corner of a 1.406 acre tract, A1184A H. Cisco, Tract 14;
THENCE, south along the west property line of a 1.406 acre tract, A1184A H. Cisco, Tract 14 to
its intersection with the north property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15;
THENCE, west and south along the north and west property line of a 1.694 acre tract A1184A H.
Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, A1184A H. Cisco, Tract 20;
THENCE, south along the west property line of a 0.16 acre tract, A1184A H. Cisco, Tract 20 to
the north ROW of Sycamore;
THENCE, directly south across Sycamore to the south ROW of Sycamore;
THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood
Cemetery;
Denton, Boundar Description 051710
682010
Page 1 of 2
THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of
Prairie;
THENCE, directly south across Prairie to the south ROW of Prairie;
THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection
of Prairie and Elm;
THENCE, north along the west ROW of Elm to the south ROW of Sycamore;
THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW
intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a
total area of approximately 225.73 acres.
Denton, Boundar Description 051710
682010
Page 2 of 2
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Transportation Operations
UTILITIES ACM: Howard Martin, 349-8232
SUBJECT
Receive a report and hold a discussion with Denton County Transportation Authority (DCTA)
representatives concerning DCTA's provision of public transportation in Denton County including
proposed A-train service levels.
BACKGROUND
Guy McElroy, DCTA Board Member and DCTA staff will provide a briefing to the Denton City
Council on recent public meetings conducted by DCTA in Denton and around the county relating
to proposed fare stricture, plans to integrate the Authority's existing fixed-routes with future A-
train service and proposed service levels for the A-Train. Attached, as Exhibit 1, is an Informal
Staff Report dated June 14, 2010 outlining more detail on the proposal and public meetings.
Significant citizen input has been received by City Council Members, City of Denton Staff and
by DCTA staff on the reduced level of A-train service proposed by DCTA at the recent public
meetings. Council Members and senior staff have been working with DCTA to identify
alternative options to the recently proposed A-train service levels that may include some
weekend service. DCTA representatives will discuss budgetary and operational limitations
associated with the A-train and review alternatives in the provision of commuter rail service.
This briefing will also provide City Council an opportunity to raise additional questions on
DCTA operations and critical issues.
EXHIBITS
1. Informal Staff Report, June 14, 2010
Respectfully Submitted:
Mark Nelson
Transportation Director
Date: June 14, 2010
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
DCTA Public Meetings - Fare and Service Integration
Report No. 10-048
BACKGROUND:
The purpose of this report is to inform the City Council of three upcoming public meetings
scheduled by the Denton County Transportation Authority (DCTA) in Denton, Highland Village
and Lewisville regarding proposed changes to the DCTA fare stricture, proposed bus and rail
service integration plan and to receive general feedback on proposed A-train service levels.
DISCUSSION:
Pursuant to Federal Transit Administration regulations, DCTA is required to host public
meetings prior to a change of more than 25-percent of the route stricture or any changes in route
fares. With this understanding, DCTA will host public meetings in Highland Village on June
14th, Denton on June 21St and Lewisville on June 24th. Attachment 1 is a DCTA Discussion
Overview providing specific information DCTA staff plans to cover in each of the meetings as
well as a table outlining proposed fare strictures.
DCTA is currently working on a reciprocal fare agreement with the Dallas Area Rapid Transit
(DART) and The Fort Worth T. Similar or consistent fares must be implemented to allow for
regional access to DART and/or The T. This will allow ridership from DART or The T access to
the DCTA system and DCTA ridership reciprocal access to the DART and The T systems.
Local reduced fares for both bus and rail service are contemplated for access within the DCTA
system only.
With the targeted completion of the Downtown Denton Transit Center in December 2010, DCTA
will transition bus service from the existing Connect Central at Williams Trade Square (Wells
Fargo Parking Lot) to the new transit center at Hickory and Railroad Avenue in January 2011. In
addition to these changes, DCTA is suggesting minor route changes to better accommodate the
proposed implementation of rail service to Downtown Denton in June 2011. It is DCTA's
practice to make any changes to route strictures prior to the spring or fall semesters to better
coordinate with their heavy ridership at both universities.
DCTA is also seeking feedback on proposed A-train service levels as part of the public meeting
discussions. As outlined in Attachment 1, DCTA is suggesting that initial rail service may
be limited to peak hour service with limited mid-day service and potentially no weekend
service. The current DCTA service plan states "rail service is initially conceived as
operating at 30-minute headways during peak period and 60-minute headways during off-
peak times and weekends." City staff has requested that DCTA strongly consider the provision
of late evening and weekend service to complement development activities in the downtown area
as well as provide options for patrons visiting the various entertainment venues in downtown.
Date: June 14, 2010 Report No. 10-048
DCTA is embracing a more conservative service level in the implementation of rail service based
on conservative revenue projections system wide. DCTA states that potential enhancements of
rail service would be considered on an annual basis.
CONCLUSION:
City Staff will attend the June 21, 2010 public meeting in Denton and provide a report at the
June 22, 2010 Mobility Committee. Draft minutes of this report will be provided in a follow up
Informal Staff Report to the Mayor and City Council on Friday, June 25th
ATTACHMENT(S):
1. Fare and Service Integration Public Meetings - Discussion Overview
STAFF CONTACT:
Mark Nelson, Director of Transportation
940-349-7702
Mark.nelson2cityofdenton.com
6/11/2010
DCTA
Fare and Service Integration Public Meetings
Discussion Overview
DCTA is hosting a series of public meetings in June and July to discuss the
proposed changes to the Authority's fare structure, outline the plan for integrating
the existing bus service with the future rail service, and gather feedback on A-
train service levels. The June meeting schedule is:
➢ June 14, 6:30 p.m. - Highland Village City Hall
➢ June 21, 6:30 p.m. - Denton City Hall
➢ June 24, 6:30 p.m. - Lewisville Municipal Annex
1. Proposed Fare Structure
The proposed fare structure is attached. This fare structure includes a modest
increase to existing bus fares and creates a two-tiered fare structure for the A-
train. The local rates for the A-train cover any trips within Denton County on the
A-train, including free transfers to the bus service. The regional rate provides
regional access for trips outside of Denton County on either DART or The T. This
assumes DCTA, DART and The T can finalize reciprocal fare agreements.
Discounted rates are available for elderly, disabled and students under the age of
18. Additional discounts are offered for weekly, monthly and annual pass holders.
The final fare structure will be brought to be the board for approval in September
with implementation in December.
2. Bus-to-Rail Integration
DCTA staff will outline adjustments being made to the existing bus service to
connect with the A-train stations and the Downtown Denton Transit Center. The
bus service will maintain existing frequencies and no major expansion of bus
service hours is anticipated. The following routes with connect with the specified
stations:
➢ Hebron Station - Route 23
➢ Old Town Station - Route 21
➢ Highland Village/Lewisville Lake - Connect RSVP
➢ MedPark Station - Route 2
➢ Downtown Denton Transit Center - Routes 1-8
Additional adjustments are anticipated to Denton's fixed route structure to serve
the Rayzor Ranch development and the new County Administrative Complex.
Those adjustments will require reductions in the area currently served by Route
4.
3. A-train Service Levels
The initial service levels of the A-train will be focused on typical commuter trips
Monday through Friday. This allows the agency to expand the service as
ridership grows and revenues increase. The initial schedule will include peak
period service with the potential for limited mid-day service. The service level
options to be discussed include peak period rail service only, peak period rail
6/11/2010
service with mid-day commuter bus service, and reduced peak period rail service
with some mid-day rail service. Peak periods are currently defined as Monday
through Friday, 5:30 a.m. - 9:00 a.m. and 3:00 p.m. - 8:00 p.m. The service
levels proposed assume no Saturday service and no special event service during
the first few years of A-train service. Rail service levels will be reviewed annually
as part of the Authority's budgeting process.
4. Additional topics
Additional topics to be highlighted include DCTA's new Vanpool service,
Passenger Amenities, and improved passenger information.
Dee Leggett
Vice President Communications and Planning
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Planning Department
ACM: Fred Greene
SUBJECT - SI10-0001 Downtown Implementation Plan
Receive a report, hold a discussion, and give staff direction concerning the proposed Downtown
Implementation Plan. This item will also include discussion on the proposed Form Based Code,
proposed Downtown Wayfinding System, proposed amendment to the Mobility Plan, and
proposed future engineering studies. The Planning and Zoning Commission recommended
approval of the DTIP (6-0) with conditions.
BACKGROUND
The Downtown Implementation Plan (DTIP) is moving ahead with the recent completion of
Phase I, Phase II and Phase III. Phases I and II were designed to review existing plans and
documents, gather data, receive input from the general public, the Downtown Task Force, and
City staff, and assess various Downtown elements. Phase III was designed to take the input
gathered and establish a comprehensive vision for Downtown and develop recommendations for
review. Currently we are in the final phase, Phase IV which is adoption of the DTIP. The final
phase includes internal staff review, presentations to the Downtown Task Force, Planning and
Zoning Commission, City Council, and other Boards and Committees.
On July 28, 2010, the Planning and Zoning Commission considered and recommended approval
of the DTIP (6-0) with the following conditions:
1. Remove the Quakertown Park section from the draft DTIP
2. Add language to the Solid Waste section
Prior to the Planning and Zoning Commission public hearing, a citizen commented on the
proposed recommendation by the consultant to replace the Civic Center Pool with a large civic
amphitheater. The citizen stated that relocating the pool from Quakertown Park would be
problematic and should be fully discussed prior to any action. At the Planning and Zoning
Commission, the Commissioners agreed that the proposed recommendation was not a good idea
without a comprehensive analysis. The Commissioners were not satisfied with the proposed
recommendation and requested that the Quakertown Park section be removed from further
consideration.
Also discussed at the Planning and Zoning Commission public hearing, was language related to
solid waste strategies in the Downtown District, a sub-district in the DTIP area. Presented in
Exhibit 2, are strategies for solid waste removal in the Downtown District.
Project Definition
The purpose of the DTIP is to serve as the catalyst to achieve the goals that define the vision for
the Downtown Master Plan. In anticipation of the Denton County Transportation Authority
(DCTA) Downtown Transit Center and as a means to address issues raised by the Downtown
business community, the DTIP is being developed to manage these items and develop a plan for
the development of Downtown. The Plan will consist of the following elements: Parking;
Architectural Design; Open Space and Linkages; and Land Use Analysis with each component
containing recommendations for specific action items to implement: (1) A readily actuated and
incremental comprehensive vision for the area; (2) Land development regulations and a
regulatory framework to facilitate economic development in the area; (3) Establish and recognize
an innovative and distinct downtown environment and experience; and (4) Provide
recommendations to existing policies, regulations, and code provisions to implement the
proposed Plan. The Denton Downtown Master Plan, the Denton Plan, and the Denton
Development Code were used as the basis for all Plan element recommendations.
Proiect Boundarv
The boundaries for this project are Carroll Boulevard to the west, Frame and Exposition Streets
to the east, Parkway and Withers Streets to the north, and Sycamore Street to the south (see
Exhibit 1).
Public Involvement
The public has had several options to participate in the development of the DTIP. The
Downtown Task Force has served in an advisory role throughout this process as a Steering
Committee and the regularly scheduled task force meetings have provided the public with the
opportunity to review the status of the Plan, provide feedback, and become familiar with the next
steps in the process. To date, eight meetings of the Downtown Task Force have been held since
the commencement of the DTIP. Staff has also maintained and regularly updated the DTIP
section of the City website. Anyone interested in obtaining information on the DTIP can access
meeting minutes, survey results, and drafts of the DTIP. Also on the City website, participants
can provide input which is sent directly to City staff. In addition, City staff has gone out into the
community and visited with business owners, retailers, and institutional land users to inform
them of the DTIP and invite their participation. During these visits, staff has handed out project
brochures, tent cards, and flyers that were placed at cash wrap counters or posted in shop
windows.
Project L2g()
Staff has also developed a project logo for the DTIP as a project identifier to aid and promote
public recognition. The logo is used for all project press releases or news disseminated to the
public.
,Stakeholder Intervielvs
During Phase I, a questionnaire was used to gather information from the City and public to
provide input that resulted in scalable answers targeted at topics the DTIP will address. During
this phase, Jacobs conducted over 60 interviews with key individuals and small groups covering
topics that included: Downtown Investment; Opportunities for Growth; Financing; Land Uses;
and Parking. The interview questionnaire was also posted online where another 130 interviews
were received. The input received during these interviews was valuable in establishing a
framework to address specific Downtown issues.
Doirntolrn Assessment Findings
Jacobs completed an assessment of the Downtown relating to: Land Use, Parking, Parks and
Open Space, Architectural Design Guidelines, and Linkages/Street ROW. Each assessment was
designed to analyze and review existing conditions of Downtown and utilize those assessments
to formulate opportunities for land uses and the associated ratios that will provide the needed
balance for sustainability both economically and for quality of life. For example, a majority of
the land in Downtown is zoned Downtown Commercial General (DC-G). This zoning district
permits retail uses but limits certain residential land uses that may be needed to provide a
continuous presence in Downtown to support the retail uses.
Public Meeting -1
On December 14, 2009 the City hosted the first public meeting at Central Fire Station. The
purpose of the meeting was to present preliminary information that had been compiled to date,
and also provided the public with the opportunity to review and comment on the first set of draft
goals and objectives for the DTIP. All of the land use assessments were presented to the
approximately 45 people in attendance. Attendees also commented on providing opportunities
for the arts and entertainment, and developing locations for outside dining and open space.
Public MeetiLg 2
A second public meeting was held on March 10, 2010 at the Civic Center. Approximately 75
people were in attendance. The purpose of the meeting was to present the initial results of the
existing conditions and analysis along with draft recommendation strategies. The draft
recommendation strategies discussion focused on: Parking, Complete streets, Parks and outdoor
venues, Solid waste removal, and Review of the Form Based Code. The participants also
participated in answering a series of questions located at various stations dispersed throughout
the room. They were instructed to place dots on the answer that best represented their opinion on
the particular implementation strategy. Each participant placed either a green (yes) or a red (no)
dot in the space provided. The purpose was to gauge the community's preferences among the
initial implementation strategies and plans for Downtown.
Proposed DTIP
The proposed DTIP is a set of physical plans and detailed recommendations to increase
economic development in downtown Denton. The DTIP defines specific action items to be taken
to implement the recommendations, and it establishes strategies for when and how these action
items should be implemented, see Exhibit 3. The DTIP is divided into six Chapters, see below.
Chapter 1 - Introduction
Chapter 2 - Public Involvement
Chapter 3 - Existing Condition Assessments
Chapter 4 - Downtown Recommendations - Land Based
Chapter 5 - Downtown Recommendations - Infrastructure Based
Chapter 6 - Implementation Strategy
Next ,Steps
If the DTIP is adopted, staff will begin working on finalizing a Form Based Code (FBC),
preparing a Downtown Wayfinding System, amending the Mobility Plan, and performing
engineering studies to support the DTIP. Each is described below:
1. Form Based Code
FBCs are distinctly different from typical zoning ordinances and standards. FBCs focus
on creating functional, attractive, and economically-successful neighborhoods and
commercial areas by creating a more predictable outcome of physical development. One
of the DTIP recommendations is to adopt a FBC for the Downtown area. Staff has been
working with Dennis Wilson with Townscape, Inc. on drafting a FBC. Staff will bring
forward the draft FBC for consideration at a later date.
The FBC facilitates the DTIP recommendations by setting standards and developing
policy language for elements, such as building form, parking, open space, architectural
elements, and streetscape. The FBC is a stand-alone document that will replace the
existing zoning for Downtown. A new zoning district will be created into the Denton
Development Code (DDC), called "Downtown District" to include all of the FBC text.
All of the standards and intent statements in the new Downtown District will govern
where any conflicts may arise with other DDC provisions.
2. Downtown Wayfinding System
An enhanced wayfinding system is needed in Downtown. Such a wayfinding system
would provide graphic information to aid travelers and visitors to confidently determine
the route to reach chosen destinations. It enhances the ability to orient and locate oneself
within an area.
The DTIP is recommending a comprehensive wayfinding system study to define the type
of signs, locations, content, and sign design. These signs will be designed specifically for
Downtown and its points of interest, including public parking and directions to the area's
multiple destinations, such as Quakertown Park, the proposed DCTA Transit Center,
Courthouse Square, UNT, TWU, and others.
3. Mobility Plan Amendment
The current Denton Mobility Roadway Plan establishes the Downtown streets and
arterials are under suburban design criteria. This is not the desired solution for Downtown
to achieve its goals. Downtown needs to have a set of street and design standards that are
urban with multi-modal functions that support active street land uses. The DTIP is
recommending a comprehensive change of the Mobility Roadway Plan for Downtown.
4. Traffic Impact Analysis
A traffic impact analysis to accommodate the proposed road section changes and
rerouting will need to be completed, working in concert with TxDOT and DCTA. The
adoption of the DTIP is contingent on results of this traffic impact analysis when
completed.
5. Water, Wastewater, and Dry Utility Studies
Water, wastewater, and dry utility studies to accommodate the proposed density and
intensity proposed by the DTIP will need to be completed. The adoption of the DTIP is
contingent on results of water, wastewater, and dry utility studies.
PRIOR ACTION/REVIEW
July 8, 2010
Steering Committee Meeting
July 9, 2010
Developers Committee Meeting
July 14, 2010
Planning and Zoning Commission Work Session
July 28, 2010
Planning and Zoning Commission Public Hearing
EXHIBITS
1. Project Boundary Map
2. Added language to the Solid Waste section
3. Draft DTIP (previously provided)
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this request (6-0) with the
following conditions:
1. Remove language that relates to Quakertown Park
2. Add language to the Solid Waste Section
OPTIONS
1. Direct staff to proceed with the proposed DTIP
2. Direct staff to take another direction
Prepared by:
K~ -
Ron Menguita, AICP
Development Review Liaison
Respectfully submitted by:
AO~z~
Fred Greene
Assistant City Manager
EXHIBIT 1
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EXHIBIT 2
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Downtown solid waste management involves three
primary categories of issues, each of which involves
important components, as follows:
1. Environmental Issues
• Poor image
Bad odor
Glass and grease residue
2. Physical Issues
• Dumpsters in the street
• Dumpsters on sidewalks
• Large trash containers sitting askew to the street
• Turning radius of trucks
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Solid Waste Strategy
Exhibit 5.26
Priority Recommendations:
F1: Implement Preferred Plan (Location, Type, Pricing
for Solid Waste Removal)
F2: Screen All Existing Solid Waste Dumpsters in
Square District
F3: Establish Broad Downtown Recycling Waste
Program
F4: Create a Downtown Recycling Center
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Solid Waste Management
Photograph 5.6
3. Economic Issues
• Loss of parking
• Limited number of recycling containers
• Deleterious effect on economic development
Summary of Findings and Recommendations
A series of recommendations was designed to yield
a comprehensive strategy for downtown waste
management, based on existing downtown conditions,
assessment factors, and stakeholder preferences. The
following subsections detail the recommended strategy
in six waste management recommendations:
1. Solid Waste Districts
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Finding - The quantity and density of trash containers
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is different in different parts of downtown; a higher
concentration of trash containers is located around
Courthouse Square.
Recommendation - Two separate districts should be
established for trash removal each with a different
removal plan. A Square District is proposed to cover the
blocks closest to Courthouse Square, and a Downtown
District is proposed to cover the rest of downtown. See
Exhibit 5.26.
2. Front-Loaded Containers
Findin - Front-loaded containers (see Photograph
5.7) are larger than side-loaded containers. Thus,
they can hold more trash and require less-frequent
emptying, although their added size makes them more
challenging to place and displaces more parking.
Significantly, Denton has a preponderance of front-
loading trucks, which require a greater turning radius
to maneuver and require front-loaded trash containers
to be located at an angle to the street in order to be
emptied.
Recommendation - Denton should use front-loaded
trash containers throughout downtown because of
their greater capacity and less-frequent emptying
requirements. These containers need to be grouped
together mid-block and placed parallel to angled
parking spaces to permit trash haulers to more easily
empty them. Screening for these mid-block trash
container groupings should include full masonry walls
and quality metal doors.
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Front load container and truck
Photograph 5.7
3. Side-Loaded Containers
Findin - Side-loaded containers, an option for
downtown (see Photograph 5.8), are smaller than front-
loaded containers, and they can be screened and fitted
between parallel parking spaces using on-street space
more efficiently. The smaller size of the side-loaded
containers requires emptying them more frequently,
Side load container and
truck
Photograph 5.8
generally in both the morning and the evening; and the
city currently has only a limited number of side-loading
trash trucks.
Recommendation - Denton should discontinue use of
side-loaded containers because of their added labor
costs and the limited availability of side-loading city-
owned trucks.
4. Recyclable Materials
Finding - Increasing the opportunities for downtown
businesses and residents to recycle is of strong
interest to the community. It improves the quality of life
for users; and the city has been working to increase
the availability of recyclable containers downtown.
Recyclable containers are a light blue in color to
separate them from the standard green solid waste
receptacles.
Recommendation - Containers for recyclable material
(see Photograph 5.9) should be added in both the
Square and Downtown districts. To do so, the city needs
to make a policy decision about whether items (plastic,
glass and paper) are going to be mixed or separated for
recycling. Also, a bulk recycling drop-off center should
be established downtown for downtown citizens and
businesses with greater than normal recyclable needs.
Do entan
5. Trash Container Screening
Findin - Most existing downtown trash and recycling
containers are sited with no screening; fewer than 10
percent are concealed with some type of screening,
primarily chain-link fencing with slats. In addition, many
of these containers are located on the street, displacing
parking spaces and creating a negative visual
impression of downtown.
Recommendation -All trash and recycling containers
in both the Square and Downtown districts should
be screened behind a six-foot-tall masonry wall with
hinged and painted metal doors (see Photograph 5.10).
The enclosure needs to provide pedestrian access
for those bringing trash to the trash container that is
separate from the large doors that the trash hauler will
use for his truck pick-up. This design and layout should
work well with the proposed downtown streetscape
improvements.
Recycle material container
Photograph 5.9
6. Solid Waste Strategy - Pilot Program
Findin - Establishing a single, solid waste strategy for
downtown will require careful planning.
Recommendation - The city should conduct a 30-
day pilot program in the Square District to determine
the most appropriate solid waste removal strategy for
downtown (see Exhibit 5.11). The strategy will need to
define waste pick-up times for weekday and weekend
service and appropriate locations for trash and recycling
containers, as well as the location for the downtown
bulk drop-off recycling center.
The trial program must be carefully planned to properly
locate the containers and address their screening
requirements. The locations of trash and recycling
containers and their screening will need to be defined
with painted lines on the street pavement, reflecting
future sidewalks and streetscape amenities.
The results of the pilot program will need to be
thoroughly evaluated to be able to formulate a preferred
solid waste removal strategy, which may incorporate a
combination of removal systems. The Square District
pilot program can also influence the approach to solid
waste removal in the Downtown District. A revised solid
waste removal schedule will need to be developed
and distributed for the selected trash removal strategy.
The goal is to provide better service for downtown
businesses and residents, while creating a quality
streetscape environment appropriate for downtown
Denton.
Solid waste strategy elements
Photograph 5.11
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7. Solid Waste Strategy
Downtown District
Finding - Some property owners in the Downtown
District may be challenged to have individual waste
facilities on their site.
Recommendation - In the Downtown District the
strategy for solid waste removal is based on the
following procedures:
• First, property owners need to design their site to
accommodate a waste facility (dumpster) that is
constructed to Code and 100% screened.
Second, a hardship option, is to work with the City
to define a shared facility to use with a downtown
neighbor. Property owner needs to be granted
approval as having a hardship.
Third, this shared facility may be sited on private
property or designed within City ROW. Said
waste facility will be constructed to Code and
100% screened. Facility will be paid for by private
property owners. Hardship cases will be reviewed
case by case.
Exhibit 3 - Draft DTIP Downtown Implementation Plan
Click here http://www.cityofdenton.com/index.aspx?page=1334
AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Utilities
ACM: Howard Martin, Utilities 349-8232
SUBJECT
Consider approval of an Easement to Dallas MTA, L.P. D/B/A Verizon Wireless across City of
Denton property being a tract of land situated in the Mary Austin Survey, Abstract No.4, in the City
of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2 of the
Municipal Utility Addition, an addition to the City of Denton, as recorded in Cabinet G, Page 346,
Plat Records of the Real Property Records of Denton County, Texas; and providing an effective
date. The Public Utilities Board recommends approval (4-0).
BACKGROUND
Verizon Wireless has requested a three-foot wide easement across city property at 1701 Spencer,
Denton, Texas, to the existing utility easement they have on Spencer Road. This easement will
provide Verizon Wireless with the ability to lay a fiber optics cable to carry the increasing traffic
from the Spencer site directly to their Arlington Switch Station.
As consideration for the easement, Verizon will pay the City of Denton the fair market value of
$2,500.00. The Public Utility Board at their April 26th meeting approved this item.
OPTIONS
1. Approve, or
2. Denial, or
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the Ordinance.
ESTIMATED PROJECT SCHEDULE
Fall 2010
PRIOR ACTION/REVIEW
Public Utility Board Approval April 26, 2010 (4-0)
1
FISCAL INFORMATION
$2500.00 consideration to be paid to City of Denton
EXHIBITS
1. Location Map
2. Ordinance
3. PUB Meeting Minutes
Respectfully submitted:
Jim Coulter, Director
Water/Wastewater Utilities
Prepared By:
Pamela G. England
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scour documentslordinances11012010 verizon ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING AN EASEMENT TO DALLAS
MTA, L.P. DB/A VERIZON WIRELESS ACROSS CITY OF DENTON PROPERTY BEING
A TRACT OF LAND SITUATED IN THE MARY AUSTIN SURVEY, ABSTRACT NO. 4, IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THE
REMAINDER OF LOT 1, BLOCK 2 OF THE MUNICIPAL UTILITY ADDITION, AN
ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET G, PAGE 346,
PLAT RECORDS OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that approval of an easement to Dallas MTA. L.P.
d/b/a Verizon Wireless ("Verizon") which is more particularly described in Exhibit "A" attached
hereto and made a part hereof by reference (the "Easement") is in the public interest; and;
WHEREAS, The City Council finds that the fair market value of the Easement is
$2,500.00 (the "Value of the Easement"); NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Easement is hereby approved. Upon payment by Verizon of the
Value of the Easement, the City Manager or his designee is hereby authorized to execute the
Easement on behalf of the City of Denton and deliver it to Verizon.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2010.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,X~
Spencer RT
EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
Grantor:
City of Denton, Texas, a municipal corporation of the State of Texas
215 East McKinney
Denton, Texas 7$201
Grantee:
Dallas MTA, L.P. dlbla Verizon Wireless
One Verizon Way, Mail Stop 4AW100
Basking Ridge, New Jersey 07820
Consideration:
Ten Dollars ($10.00) and other valuable consideration paid by Grantees, the receipt and
sufficiency of which are acknowledged by Grantor.
Description of Easement Area:
See Exhibit "A' and "B" attached hereto and made a part hereof.
Easement Purpose:
This easement is made and accepted for the following purposes:
Constructing, reconstructing, operating, replacing, relocating, rebuilding, upgrading,
inspecting, changing the size of, repairing, and perpetually maintaining one or more
underground telephone, fiber optic and telecommunications lines and related facilities
(including pulling vaults or boxes) (collectively the "Facilities") under and across the
Easement Area; together with the right of Grantee, its agents, employees, workmen and
representatives to have ingress and egress upon and across the Easement Area for the
purpose of constructing, reconstructing, operating, replacing, relocating, rebuilding,
upgrading, inspecting, changing the size of the facilities and any part thereof.
Conveyance:
Grantor conveys to Grantee, an easement and right-of-way along, over and under the
Easement Area, for the respective purposes permitted above but none other; TO HAVE
AND HOLD, unto Grantee, and its permitted successors and assigns. This grant is
made and accepted subject to all encumbrances, covenants, easements and other
matters recorded in the Real Property Records of Denton County, Texas or that are
visible and apparent.
Spenoer RT
Terms and Conditions of this Easement:
This easement is made and accepted on the following terms and conditions:
1. All of the telephone, fiber optic, and telecommunications lines and related
facilities placed by the Grantee within the Easement Area shall be underground
and buried to a level or placed at a location so as not to unreasonably interfere
with Grantor's use of the surface, subject to the terms hereof.
2. All facilities placed in the Easement Area shall be maintained in good condition
by Grantee. All uses and operations by Grantee under the Easement shall be
conducted in a safe manner consistent with good industry practices and shall
comply with all laws, ordinances, and permitting requirements.
3. Grantor hereby reserves the right to use the Easement Area for all purposes
except as herein restricted, subject, however, to the rights granted herein to
Grantee. Grantor shall build no buildings within the Easement. Grantor, without
limitation, reserves the right to do any of the following: (a) grant public or private
rights-of-way; (b) convey other public or private utility easements that do not
unreasonably interfere with Grantee's permitted use; (c) install and maintain
landscaping and associated irrigation; (d) install and maintain fencing; (e) pave
over the facilities with parking lots, entranceways, roads, and sidewalks using
either concrete or asphalt materials, and (f) make any other use of the Easement
Area that does not unreasonably interfere with Grantees' permitted use. In the
event Grantee must remove or shall damage any landscaping, fencing or paved
area in exercising the rights granted to it herein, Grantee shall repair or replace
such improvements to the same condition as existed prior to removal or damage.
4. If Grantee(s) shall discontinue or abandon, for a period of five (5) years, use of
the Facilities within the Easement Area, then this Easement shall terminate and
be of no further force.
5. Grantee may assign this Easement, without Grantor's prior consent.
6. The Easement is conveyed and accepted subject to all encumbrances,
covenants, easements and other matters whether of record in the Real Property
Records of Denton County, Texas or not of record. Grantee represents and
warrants. to Grantor that it has made an independent inspection and evaluation of
the Easement Area and the title to same and the ability and legal authority of
Grantor to execute and deliver this Easement and acknowledges that Grantor
has made no statements or representations concerning the present or future
2
SpencerRT
value of the Easement Area, the state of title of the Easement Area, or the
condition, including the environmental condition of the Easement Area or the
ability and legal authority of Grantor to execute and deliver this Easement to
Grantee.
FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR
WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED,
INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE,
THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF
THE EASEMENT AREA AND/OR MATERIALS CONTAINED OR LOCATED IN,
ON OR UNDER THE EASEMENT AREA, THE NATURE OF THE PAST OR
HISTORIC USE OF THE EASEMENT AREA, MERCHANTABILITY OR
FITNESS FOR PURPOSE OF ANY OF THE EASEMENT AREA OR THE
ABILITY AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS
EASEMENT. Grantee further acknowledges that, in accepting this Easement, it
has relied solely upon its independent evaluation and examination of the
Easement Area, and public records relating to the Easement Area and the
independent evaluations and studies based thereon. Grantor makes no warranty
or representation as to the accuracy, completeness or usefulness of any
information furnished to Grantee, if any, whether furnished by Grantor or any
other third party. Grantor, its officers, employees, elected officials, independent
contractors, and agents assume no liability for the accuracy, completeness or
usefulness of any material furnished by Grantor, if any, or any of its officers,
employees, elected officials, independent contractors and/or agents, and/or any
other person or party, if any and Grantee hereby releases such parties from and
against any claims related to such matters. Reliance on any material so
furnished shall not give rise to any cause, claim or action against Grantor, its
3
Spencer RT
officers, employees, elected officials, independent contractors and/or agents, and
any such reliance shall be at Grantee's sole risk.
THE CONVEYANCE OF THIS EASEMENT SHALL BE ON A "WHERE
IS", "AS IS", AND WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT
REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR
IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE,. THE
DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE
EASEMENT AREA AND/OR MATERIALS CONTAINED OR LOCATED IN, ON
OR UNDER THE EASEMENT AREA, THE NATURE OF THE PAST OR
HISTORIC USE OF THE EASEMENT AREA, QUALITY, VALUE, FITNESS FOR
PURPOSE, MERCHANTABILITY, THE ABILITY AND LEGAL AUTHORITY TO
EXECUTE AND DELIVER THIS EASEMENT, OR OTHERWISE. Grantee has
satisfied itself as to the title, type, condition, quality and extent of the property
and property interests which comprise the Easement Area.
7. The rights and obligations set forth in this Easement shall bind and inure to the
benefit of the successors and assigns of Grantor and Grantee and shall run with
the land so as to benefit and burden the future owners of any direct or indirect
interest in the real property encumbered by this Easement.
(SIGNATURE PAGE TO FOLLOW)
4
Spencer RT
Executed this day of '2010.
Attest:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM
ANITA BURGES , C ATTORNEY
BY:
Grantor
City of Denton, Texas, a municipal
corporation of the State of Texas
By:
George C. Campbell
City Manager
Grantee
Dallas MTA, L.P. d/b/a Verizon Wireless
By: Verizon Wirel ss e , LLC,
its general r
By:
Hans . Leutenegger,
Area Vice President Nit ork
Date: 7- ` -
5
Spencer RT
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on 2010, by
George C. Campbell, City Manager of the City of Denton, on behalf of the City of
Denton.
Given under my hand and seal of office this day of , 2010.
Notary Public
Printed Name
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this day personally appeared Hans
F. Leutenegger, Area Vice President Network of Verizon Wireless Texas, LLC, the
general partner of Dallas MTA, L.P. dlbla Verizon Wireless, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he, being duly authorized to execute said instrument, executed the same for the
purposes and considerations therein expressed.
Given under my hand and seal of office this q day of , 200
Notary F36bVin and for the State of North
(PERSONALIZED SEAL)
JEAN M MUSA
Notary Public, North Carolina
Mecklenburg County
My Commission Expires
May 18, 2015
6
Spencer RT
Exhibit A
EXHIBIT "A"
Description of 3' Wide Easement
BEING a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the City of
Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2
of the Municipal Utility Addition, an addition to the City of Denton, as recorded in Cabinet
G, Page 346, Plat Records, Denton County, Texas, and being more particularly
described by metes and bounds as follows:
COMMENCING at the most West, Southwest comer of said Remainder of Lot 1, Block 2
of the Municipal Utility Addition, same being the Northwesterly corner of a 0.030 acre
tract Right-of Way Dedication and recorded in same Cabinet G, Page 346, same point
being now on the North right-of-way line of Spencer Road (a variable width R.O.W.);
THENCE South 52 degrees 36 minutes 00 seconds East, along the Northerly line of said
0.030 acre tract Right-of Way Dedication, same being the Northerly right-of-way line of
said Spencer Road and the Southerly line of said Remainder of Lot 1, Block 2, a
distance of 201.49 feet to THE POINT OF BEGINNING hereof;
THENCE (L1) North 74 degrees 26 minutes 19 seconds East, departing the Northerly
right-of-way line of said Spencer Road, same being the Northerly line of said 0.030 acre
tract Dedication and through the interior of said Remainder of Lot 1, Block 2, a distance
of 37.18 feet to a point;
THENCE continuing through the interior of said Remainder of Lot 1, Block 2, the
following five (5) courses:
L2D. North 65 degrees 47 minutes 29 seconds East, a distance of 22.73 feet to a point;
L3D. North 59 degrees 52 minutes 09 seconds East, a distance of 14.70 feet to the point
of commencing of a curve to the right, having a central angle of 16 degrees 05 minutes
09 seconds, a radius of 686.85 feet and a chord bearing and distance of North 73
degrees 01 minutes 07 seconds East, 192.20 feet;
THENCE in a Northeasterly direction and along said curve to the right, an arc length of
192.84 feet to a point;
L4D. North 83 degrees 01 minutes 17 seconds East, a distance of 114.77 feet to a point;
L5D. North 67 degrees 04 minutes 55 seconds East, a distance of 29.29 feet to a point;
L6D. North 83 degrees 32 minutes 06 seconds East, a distance of 64.75 feet to the West
line of a 17.751 acre tract, said 17.751 acre tract described as that tract of land as
conveyed from The Spencer Station Generating Company, L.P., a Delaware limited
partnership, to the City of Garland, Texas, a municipal corporation of the State of Texas
and a home rule city, as recorded in Volume 5306, Page 02830, same being Volume
5273, Page 00463, Deed Records, Denton County, Texas, and being the POINT OF
TERMINATION hereof, and containing 0.0328 acres or 1,428 square feet of land, more
or less.
Exhibit B
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DENTON, DENTON COUNTY, TX
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
April 26, 2010
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Vice Chair of the Public Utilities Board thereafter convened into a closed meeting on
Monday, April 26, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present: Vice Chair Bill Cheek, Phil Gallivan, Bill Grubbs and Barbara Russell
Ex Officio Members:
Howard Martin, ACM Utilities
Absent: Chair Dick Smith, John Baines and Bill Grubbs, all excused
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff s recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
ITEMS FOR INDIVIDUAL CONSIDERATION:
3. Consider recommendation of approval of an ordinance of the City of Denton approving an
easement to Dallas MTA, L.P. d/b/a Verizon Wireless across City of Denton property, being
a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton,
Denton County, Texas, and being a portion of the remainder of Lot 1, Block 2 of The
Municipal Utility Addition, an addition to the City of Denton, Texas, as recorded in Cabinet
G, Page 346, Plat Records of the Real Property Records of Denton County, Texas; and
declaring an effective date.
Board Member Gallivan asked if the city has settled its differences with Verizon. Williamson
stated he was not aware of issues and that this item has to do with the 4G network. General
Manager of Water Utilities, Jim Coulter stated that in the past the city has had a number of issues
with Verizon when Verizon was laying cable all over town, and that most the infrastructure
issues the city experienced has been repaired or taken care. Coulter did add that staff may still
find more if Verizon bored through a sewer line and since those things show up slowly over time
staff will work with Verizon when and if that occurs. DME General Manager Phil Williams did
state there are some issues on pole attachments and with associated rates.
Board member Gallivan moved to approve with a second from Board Member Grubbs.
The motion was approved by a 4-0 vote.
The meeting was adjourned by consensus at 11:24 a.m.
This page left blank intentionally .
AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232 1-- -
SUBJECT
An ordinance abandoning and vacating a public utility easement from Fry Street Partners, Ltd. to
the City of Denton recorded by Volume 451, Page 71 of the Deed Records of Denton County
Texas, in the E. Pulchalski Survey, Abstract No. 996; and declaring an effective date. The
Public Utilities Board recommends approval (5-0).
BACKGROUND
The Fry Street Village Project is a proposed multistory student housing facility that also
incorporates retail uses and a parking garage. The project nearly encompasses the entire block
surrounded by West Hickory Street to the north, Welch Street to the east, West Oak Street to the
south and Fry Street to the west. The property is owned by Fry Street Parnters, Ltd, as evidenced
in the Recorder Clerk's File Number 2006-57118, Real Property Records Denton County, Texas.
The property has an abandoned 2" waterline within a 10' wide public utility easement that was
dedicated by separate instrument by Volume 451, Page 71 of the Deed Records of Denton
County, Texas. The easement is "L" shaped and covers 1330 square feet of the tract. The
waterline was cut and capped approximately 2 years ago, in preparation of the clearing of the
tract. The developer plans to constrict new utilities to serve the tract and those utilities will be
installed within easements that will be dedicated by the final plat. Constriction of the project is
slated to commence within the next year.
Staff performs an analysis on request for easement abandonments as follows:
■ Is the easement tract requested for abandonment considered "excess easement"?
■ Does the easement tract requested for abandonment have a continued public use?
■ Is it in the best interest of the general public to abandon the government's rights in the
subject abandonment tract?
■ Would the granting of this request establish a precedent for easement abandonment for future
requests?
Staff findings on this analysis are as follows:
1. The requested easement abandonment tract fits the criteria of "excess easement." Excess
easement is defined as: Property acquired or used by the City for easement subsequently
declared excess (not needed for the Project, the continuation of operation and maintenance of
public facilities, and/or no foreseeable utility application in the future).
2. The easement abandonment tract area is not slated for utilization for any future public
utilities.
3. The easement abandonment is in the public interest because the area for the subject
abandonment is no longer needed by the public and has not been utilized for the public.
4. This abandonment would not set precedent because the above three standards have been met.
OPTIONS
1. Recommend that CC approve the ordinance.
2. Recommend that CC not approve the ordinance.
3. Table for future consideration
RECOMMENDATION
Recommend approval of the ordinance.
ESTIMATED SCHEDULE
Fall 2010
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Staff approval through the DRC Process June 2010
Presented to PUB July 26, 2010 Meeting
FISCAL INFORMATION
Not applicable
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Site Map
3 . Ordinance
4. PUB Meeting Minutes
Respectfully submitted
Jimmy D. Coulter
Director of Water Utilities
Prepared by:
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Doreen E. Blackstone
Right of Way Agent
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ORDINANCE NO.
AN ORDINANCE ABANDONING AND VACATING A PUBLIC UTILITY EASEMENT
FROM FRY STREET PARTNERS, LTD. TO THE CITY OF DENTON RECORDED IN
VOLUME 451, PAGE 71 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN
THE E. PULCHALSKI SURVEY, ABSTRACT NO. 996; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee simple
owner, Fry Street Partners, Ltd. ("Owner"), for the abandonment of that certain Public Utility
Easement, dated on or about October 28, 1959, from Fry Street Partners, Ltd., to the City of
Denton, Texas, County Clerk Recording Volume 451, Page 71, Deed Records, Denton County,
Texas (the "Original Easement"), INSOFAR AND ONLY INSOFAR as the Original Easement
covers and encumbers that certain 1,033 square feet of land being particularly described in
Exhibit "A" and illustrated on Exhibit "B" attached hereto and made a part hereof by reference
(the "Abandonment Area"); and,
WHEREAS, staff has reviewed the requested abandonment of the Original Easement,
INSOFAR AND ONLY INSOFAR as the Original Easement covers and encumbers the
Abandonment Area and has recommended approval; and,
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to abandon the Original Easement, INSOFAR AND ONLY INSOFAR as the
Original Easement covers and encumbers the Abandonment Area, and the City's interest therein;
and,
WHEREAS, notwithstanding any of the above, the City of Denton hereby retains and
reserves (i) any and all easements, rights and interests granted by the Original Easement, except
as and only except as the Original Easement covers. and encumbers the Abandonment Area; and
(ii) any and all easement and street right-of-way interests and rights, whether conveyed by other
instruments or by plat, in which the Abandonment Area may cross and/or overlap; it being
expressly agreed and understood by Owner that the City is solely abandoning its rights granted to
it by the Original Easement, insofar and only insofar as said Original Easement covers and
encumbers the Abandonment Area; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference the same as if fully set forth in this Section 1.
SECTION 2. The Original Easement, INSOFAR AND ONLY INSOFAR as it covers
and encumbers the Abandonment Area, is hereby permanently abandoned and, subject to the
reservations made herein, all of the City's right, title and interests as conveyed to it by the
Original Easement in the Abandonment Area being released to the Owner. A certified copy of
this ordinance may be recorded in the Real Property Records of Denton County, Texas to
evidence this abandonment and release.
SECTION 3. This ordinance shall became effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2010.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: "e
Page 2
EXHIBIT "A"
FIELD NOTE DESCRIPTION
UTILITY EASEMENT ABANDONMENT
STATE OF TEXAS
COUNTY OF DENTON
BEING a tract of land situated in the E. PUCHALSKI SURVEY, Abstract No. 996, in the City of
Denton, Denton County, Texas; and being a portion of a tract of land conveyed to FRY STREET
PARTNERS, LTD., by instrument recorded in CC#2006-57118, Deed Records of Denton County, Texas,
and being all of a tract of land conveyed to the CITY OF DENTON, by instrument recorded in
Volume 451, Page 71, Deed Records of Denton County, Texas, and being more particularly described
as follows:
COMMENCING at the intersection of the northerly right-of-way line of WEST HICKORY STREET (60
foot right-of-way) and the easterly right-of-way line of FRY STREET (60 foot right-of-way);
THENCE departing the northerly right-of-way line of said WEST HICKORY STREET and along the
easterly right-of-way line of said FRY STREET North 00 deg 24 min 17 sec East a distance of
160.00 feet to the POINT OF BEGINNING;
THENCE departing the easterly right-of-way line of said FRY STREET North 89 deg 58 min 36 sec
East a distance of 58.00 feet to a point for corner;
THENCE South 00 deg 01 min 24 sec East a distance of 85.00 feet to a point for corner;
THENCE South 89 deg 58 min 36 sec West a distance of 10.00 feet to a point for corner;
THENCE North 00 deg 01 min 24 sec West a distance of 75.00 feet to a point for corner;
THENCE South 89 deg 58 min 36 sec West a distance of 48.07 feet to a point for corner in the
easterly right-of-way line of said FRY STREET;
THENCE along the easterly right-of-way-line of said FRY STREET North 00 deg 24 min 17 sec
East a distance of 10.00 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 0.031 acres or 1,330 square feet of land, more or less.
Bearings cited herein are based on G.P.S. measurements taken during an on-the-ground survey
performed the 15th day of December, 2005.
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6750 HILLCREST PLAZA DRIVE. SUITE 325 (977) 490-7090
DALLAS. TEXAS 75230 (972) 490-7099 FAX
Tevas En9ineere Registration No. 89
Teas Surveyors No. 100866-00
COPYRIGHT ® 2010. Winkelmann & Associates. Inc
Scale : 1"=40'
Date :04/27/10
Dwg, File :48201UTIL-ABDN.DING
Project No. : 48201.00
UTILITY EASEMENT ABANDONMENT
SHEET
E. PUCHALSKI SURVEY, ABSTRACT NO. 996 2
CITY OF DENTON
DENTON COUNTY, TEXAS of
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33411DRICHMOND AOVENUE, SUIITE 200
HOUSTON, TEXAS 77046
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EXHIBIT "B"
EUGENE HARTMAN
VOL. 887, PG. 252 N
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Sale ,•_40•
Line Table
Line #
Direction
Length
L1
N89'58'36"E
58.00'
L2
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10.00'
L3
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CONSULTING CIVIL ENGINEERS ■ SURVEYORS
8750 NILLCREST PLAZA DRIVE. SUITE 325 (972) 490-7090
DALLAS. TEXAS 75230 (9721 490-7099 FAX
Terns Engineers Registralim No. 89
Terns Surveyors No 100866-00
COPYRIGHT O 2010. Winkelmann g Associates. Inc
Scale i 40'
Date 04127110
Dwg. File :48201UTIL-A8DN.DWG
Project No. : 48201.00
T
WEST HICKORY STREET
(60' RIGHT-OF-WAY) LEONARD JA L KE
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UTILITY EASEMENT ABANDONMENT I
SHEET
E. PUCHALSKI SURVEY, ABSTRACT NO. 996 1
CITY OF DENTON
DENTON COUNTY, TEXAS 2
TI 0
33411 RICH E, 200
HOUSTON, TEXAS 77046
MINUTES
PUBLIC UTILITIES BOARD
July 26, 2010
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, July 26, 2010 at 9:26 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton.
Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, John Baines and
Barbara Russell.
Ex Officio Members:
George Campbell City Manager, Howard Martin, ACM Utilities
Absent: Bill Grubbs and Phil Gallivan, all excused
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff s recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
5) Consider recommending approval of an ordinance abandoning and vacating a public utility
easement from Fry Street Partners, Ltd. to the City of Denton recorded by Volume 451, Page
71 of the Deed Records of Denton County Texas, in the E. Puchalski Survey, Abstract No.
996.
Board Member Robinson moved to approve item 5 with a second from Board Member
Russell. The motion was approved by a 5-0 vote.
The meeting was adjourned by consensus at 10:00 a.m.
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Economic Development
CM: George C. Campbell
QTRTFCT
Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing
issuance of a Notice of Intent that the City of Denton intends to establish a Tax Increment
Financing (TIF) Reinvestment Zone, pursuant to the Tax Increment Financing Act, Texas Tax
Code Ann., Chapter 311, for the City of Denton, Texas; providing an effective date.
BACKGROUND
The Downtown Master Plan, which was adopted by the City Council in June 2003 and prepared
by Fregonese Calthorpe Associates, recommended the City identify and establish financing
programs to help fund the redevelopment of Downtown. A Tax Increment Financing (TIF)
Reinvestment Zone is one venue recommended in the plan. This was followed by work
performed by RTKL and Leland Consulting Group in 2005. They identified five catalyst projects
and recommended the creation of a TIF to fund public improvements, which would provide
assistance and stimulus for private new development and redevelopment.
The City Council will receive a presentation of the Downtown Implementation Plan (DTIP) on
August 3rd. The City enlisted the consulting firm, Jacobs, to assist in development of this plan.
The DTIP focuses on implementation of the master plan, including:
• creating a parking plan
• effectively managing solid waste and coordinating recycling efforts
• promotion of transit oriented development
• linkages to downtown
• an open space outdoor venue strategy
• a complete streets concept and bicycle mobility strategy
• establishing design standards for the Central Business District in a form based code
• project financing opportunities
Based on the recommendations of the Downtown Master Plan, the RTKL study and the
Downtown Implementation Plan, staff recommends the creation of a TIF Reinvestment Zone for
the downtown area. A TIF is a mechanism to fund needed public improvements in a defined area
in order to stimulate private development and redevelopment. The area of the proposed TIF
district duplicates the boundaries of the Downtown Implementation Plan, excluding the tax
exempt properties around and including Quakertown Park. An ad valorem base is established in
the first year and the revenue from the increased valuation from subsequent years is reallocated
to TIF development.
-1-
ESTIMATED SCHEDULE OF PROJECT
The proposed schedule for remaining TIF actions includes:
August 2010 A Notice of Intent resolution, notifying the County and Denton ISD that
the City intends to establish a TIF is a requirement of TIF riles.
October 2010 Conduct a public hearing to provide for public input regarding the TIF
Ordinance establishing the TIF, authorizing the TIF Board and creating a
TIF fund. The Board consists of at least five and not more than fifteen
members. Council members may serve on the TIF Board.
November 2010 TIF Board presents final project and finance plans to City Council. Final
Project and Finance Plans adopted by ordinance.
PRIOR ACTION/REVIEW
The Downtown Master Plan, RTKL Catalyst Project study, and the Downtown Implementation
Plan (DTIP) have all been reviewed and are supported by the Economic Development
Partnership Board and the Downtown Task Force. The Downtown Task Force served as the
steering committee for the DTIP process.
FISCAL INFORMATION
It is estimated that the TIF would generate approximately $23.6 million over a 30 year period for
downtown improvements.
EXHIBITS
Notice of Intent Resolution
Exhibit A - Boundary Description
Exhibit B - TIF Map
Respectfully submitted:
F
Linda Ratliff, Director
Economic Development Department
Prepared by:
C°uu(~,lG~ro~n
Erica Sullivan, Economic Development Analyst
Economic Development Department
-2-
llcodadldepa=entsllegallour documentslresolutionsllolresolution-notice of intentAne
RESOLUTION NO.
A RESOLUTION AUTHORIZING ISSUANCE OF A NOTICE OF INTENT THAT THE CITY
OF DENTON, TEXAS INTENDS TO ESTABLISH A TAX INCREMENT FINANCING
REINVESTMENT ZONE, PURSUANT TO THE TAX INCREMENT FINANCING ACT,
TEXAS TAX CODE ANN., CHAPTER 311, FOR THE CITY OF DENTON, TEXAS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton intends to establish a Tax Increment Financing
Reinvestment Zone for the City of Denton pursuant to the Tax Increment Financing Act ("Act") for
the purpose of encouraging development; and
WHEREAS, the boundaries of the Tax Increment Financing Reinvestment Zone No. I (TIF
# 1), are described in the attachment designated as Exhibit "A" and shown on the map attached
hereto as Exhibit "B", said area for TIF # 1 being within the city limits of the City of Denton; and
WHEREAS, Section 311,003 of the Act provides that not less than the 60th day before the
date of the Public Hearing, the governing body of the municipality must notify in writing the
governing body of each taxing unit that levies real property taxes in the proposed Zone that the
municipality intends to establish a Tax Increment Financing Reinvestment Zone; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTIONI. The City Manager is hereby directed to send all taxing entities a copy of the
Notice of Intent to create Tax Increment Financing Reinvestment Zone No. 1 (TIF # 1); and
SECTION 2. The Notice shall include all descriptions and other documents as required by
State law; and
SECTION 3. This resolution shall be effective immediately upon its passage.
PASSED AND APPROVED this 3rd day of August, 2010
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
1lcodadldepartmentsllegahour documentslresolutionsllUlresolution-notice of intent.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r
BY:
EXHIBIT A
CITY OF DENTON
TAX INCREMENT FINANCING REINVESTMENT ZONE No. I
BOUNDARY DESCRIPTION
Beginning at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the
POINT OF BEGINNING;
THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW
intersection of Carroll Blvd. and W. Parkway Street;
THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW
intersection of W. Parkway Street and Locust;
THENCE, south along the east ROW of Locust to the north ROW of McKinney;
THENCE, east along the north ROW of McKinney to a point directly north of the southeast
corner of the ROW intersection of McKinney and N. Bradshaw Street;
THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw
Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street;
THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in
the Fred Hill Addition, Block A, Lot 1;
THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block
A, Lot 1 to the northwest corner of a 1.406 acre tract, A1184A H. Cisco, Tract 14;
THENCE, south along the west property line of a 1.406 acre tract, A1184A H. Cisco, Tract 14 to
its intersection with the north property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15;
THENCE, west and south along the north and west property line of a 1.694 acre tract A1184A H.
Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, A1184A H. Cisco, Tract 20;
THENCE, south along the west property line of a 0.16 acre tract, A1184A H. Cisco, Tract 20 to
the north ROW of Sycamore;
THENCE, directly south across Sycamore to the south ROW of Sycamore;
THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood
Cemetery;
Denton, Boundar Description 051710
682010
Page 1 of 2
THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of
Prairie;
THENCE, directly south across Prairie to the south ROW of Prairie;
THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection
of Prairie and Elm;
THENCE, north along the west ROW of Elm to the south ROW of Sycamore;
THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW
intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a
total area of approximately 225.73 acres.
Denton, Boundar Description 051710
682010
Page 2 of 2
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of performing live
music during three House Concerts hosted by Cassandra Fuhrmann. The House Concerts will be
located at 616 Woodland Street, beginning at 5:00 p.m. and concluding at 8:00 p.m., on the
following Sundays: August 22, September 26 and October 24, 2010. This request is for an
increase in decibels from 65 to 69 and for amplified sound on Sundays. Staff recommends
approving the noise exception request.
BACKGROUND
The past two noise exceptions for the House Concerts were presented individually to provide
City Council the discretion of approving the concerts individually since it was a new concept in
Denton. The past two concerts were a success and there were no complaints from neighbors.
A House Concert is defined as a musical event presented in someone's house or backyard where
families and neighbors can share music and artists can perform to an intimate crowd. The music
to be presented would be limited to Americana, Folk and Bluegrass artists consisting of solos or
duet acoustic acts. No large bands will be invited to perform at this venue. The audience would
be limited to 50 people maximum, with an average crowd expectation of approximately 30. A
House Concert is not a public event, an invitation is required to attend and admission is not
charged.
RECOMMENDATION
Staff recommends approving the noise exception requests. There have been two House Concert
performances at this address and there were no complaints from neighbors during the concerts.
EXHIBITS
1. Letter of Request
Respectfully submitted:
t.OoJ
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
Janie McLeod June 29, 2010
Community Events Coordinator
City Hall East
601 E. Hickory, Suite B
Denton, TX 76205
RE: Requesting an exception to noise ordinance to host a backyard "House Concert".
Date:
Sunday, August 22"d
Sunday, September 26th
Sunday, October 24th
Time:
Between the Daylight Saving's hours of 5:00 p.m. and 8:00 p.m. Total concert time is
a maximum of 2 hours, with short breaks in between sets, i.e. 30 minute opening act
and two 45 minute sets from featured artist.
Location:
In the backyard of the residence at 616 Woodland Street Denton, Texas 76209.
Venue parking to be located around the grassy area at Woodland and Frame Streets,
behind the non operational Texas Woman's University Development Center.
Activites to be conducted:
House Concert - A house concert very simply defined is a musical event presented
in someone's home or another small space such as a backyard or community
meeting room. It is a chance to introduce some wonderful singer/songwriters to an
audience in a setting where people are gathered to focus on music. A place where
families and neighbors can get together to share music and where artists can
perform to an intimate crowd where talking is not allowed during the performance.
The music will be limited to Americana, Folk and Bluegrass artists consisting of a
solo or duet acoustic act A Denton artist will be asked to perform as the opening act
to represent the numerous talented Denton musicians available to us in this town.
The listeners in attendance will be limited to 50 people. House Concerts are not
public events, they are by invite only.
The backyard at 616 Woodland Street consists of 9,400 square feet on the 0.35 acre
lot. The "stage" where the artist will perform is over 150 feet from Woodland Street.
During an unofficial decibel test performed by homeowner 50 feet from the artists'
stage, the average reading was 65 dB without music. The high decibel count is due to
the traffic on 380/University. When the same test was performed with music/vocals
the average was 69 dB, only four decibels louder to be heard over the traffic on 380.
When the same test was performed from Woodland Street (150 It from the stage),
the decibel reading was 60 dB without music and only 63 dB with music/vocals.
A sound test was also performed from the streets surrounding Woodland Street
and neither music nor vocals could be heard (Bell Avenue, Roberts Street and
Frame Street).
Explanation of how the public interest will be served:
Denton is known for its active music life, which in 2008 Paste Magazine named
America's "Best Music Scene." In 2007 and 2008, Denton's music scene received
feature attention from The Guardian, Pop Matters, and the New York Times. Paste
Magazine named Denton the best music scene in the United States in 2008. In recent
years, Denton's music scene has been compared to Austin, Texas, which itself is
nicknamed the "live music capital of the world". -Wimpedia
House Concert's demographics include 30-60 year old music lovers who prefer a
quiet intimate outdoor setting. The "Domino Hall" House Concerts at 616 Woodland
Street would offer a more personalized experience to the listeners who would
otherwise not attend the smoky bar and night scene readily available across town. It
would also encourage more neighbors to meet and more networking to take place.
With a Denton artist as the opening act for each month's concert we are helping
introduce our local talent to an audience who might not otherwise be familiar with
them. The artist will also be given the opportunity to sell their albums and other
merchandise. It is a great opportunity to support our local talent and assist them as
they strive to succeed as an independent artist
Thank you for your time and consideration,
C "aNt
Cassandra Fuhrman
616 Woodland Street
Denton, Texas 76209
Ph: 972-822-7180
Email: cfuhrmann@hotmail.com
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Kemler 349-8044
A~T
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding an annual contract
for concrete crushing services for the City of Denton Landfill; providing for the expenditure of
funds therefor; and providing an effective date (Bid 4519-Annual Contract for Concrete
Crushing Services awarded to the lowest responsible bidder meeting specification, Big City
Crushed Concrete, in the annual estimated amount of $210,000). The Public Utilities Board
recommends approval (5-0).
BID INFORMATION
In recent years, the City of Denton Landfill has diverted approximately 30,000 tons of clean
concrete from the waste stream to a stockpile area. The stockpile area has become sizeable and
the Landfill staff would like to have the concrete ground into aggregate materials. The concrete
will be processed into two sizes, a 13/4" and finer flex base, and a 3" and finer course aggregate.
The flex base end product will be used for much needed road base on Landfill roads. The course
aggregate will be used for storm water protection in multiple applications. The materials
obtained from the concrete crushing will reduce Landfill materials expenditures, since these
products will no longer need to be bought from area vendors.
It is anticipated the 30,000 tons will be processed in under ninety days, but additional crushing
services may be provided throughout the year. Payments to the awarded vendor will be based on
processed material scale weight.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utilities Board approved this item on July 26, 2010.
RECOMMENDATION
Award to Big City Crushed Concrete in the annual estimated amount of $210,000.
PRINCIPAL PLACE OF BUSINESS
Big City Crushed Concrete
Dallas, TX
Agenda Information Sheet
August 3, 2010
Page 2
ESTIMATED SCHEDULE OF PROJECT
The is an annual contract that can be renewed for additional one year periods with all pricing,
terms and conditions remaining the same, if agreed upon in writing by both parties.
FISCAL INFORMATION
The concrete grinding will be funded from Landfill budget expense number 660300.7839 on an
as needed basis.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
Bryan Langley, 349-7100
Director of Finance
I AIS-Bid 4519
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR CONCRETE CRUSHING SERVICES FOR THE CITY OF DENTON
LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 4519-ANNUAL CONTRACT FOR CONCRETE
CRUSHING SERVICES AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING
SPECIFICATION, BIG CITY CRUSHED CONCRETE, IN THE ANNUAL ESTIMATED
AMOUNT OF $210,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
4519 1-4 Big City Crushed Concrete Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 12010.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3-ORD-BID 419
BID # 4519 Exhibit A
Date: 6122110
Annual Contract for Concrete Crushing
EST. AN.
DESCRIPTION
VENDOR
ITEM QTY.
i
1
Big City Crushed
Concrete
Principle Place of Business:
Dallas, TX
Initial Concrete Crushing Service for
$7.00
existing 30,000 ton stockpile
2
12,000 tons
Concrete Crushing per specification
$7.00
3
Mobilzation Fee
$0.00
4
Mobilzation Fee if less than
0
tons of crushing.
Shipment can be made in
days from receipt of order.
30 Days
Bidder is an authorized distributor, by the manufacturer, and is
YES
authorized to sell to the City of Denton? Yes No N/A
*Prices shall be bid F.O.B. Denton.
**In case of calculation error, unit pricing shall prevail.
MINUTES
PUBLIC UTILITIES BOARD
July 26, 2010
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, July 26, 2010 at 9:26 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton.
Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, John Baines and
Barbara Russell.
Ex Officio Members:
George Campbell City Manager, Howard Martin, ACM Utilities
Absent: Bill Grubbs and Phil Gallivan, all excused
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
1) Consider recommending approval of Bid 44519 for annual contract for concrete crushing
services by Big City Concrete Crushing in the annual estimated amount of $210,000.
Board Member Robinson moved to approve item I with a second from Board Member
Russell. The motion was approved by a 5-0 vote.
The meeting was adjourned by consensus at 10:00 a.m.
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a first amendment to a Professional and Personal Services Agreement with KEMA, Inc.,
a corporation for examining for the Texas Regional Entity (TRE) and North American Electric
Reliability (NERC) regulatory compliance of the Denton Municipal Electric System; authorizing
the expenditure of funds therefor in the further amount not-to-exceed an additional $86,360; and
providing an effective date (File 4412 - aggregating not-to-exceed $255,940). (The Public
Utilities Board recommends approval (5-0).
FILE INFORMATION
In October of 2009, after approval from the Public Utilities Board and City Council, Denton
Municipal Electric (DME) staff began working with KEMA, Inc. to address all of the NERC
compliance standards associated with our registration as a DP (Distribution Provider), LSE
(Load Serving Entity), TO (Transmission Owner), TP (Transmission Planner) and to develop
DME's Compliance Manual. This work is in the final stages of completion.
DME staff now needs to extend and amend the agreement with KEMA, Inc. by an additional
$86,360 in order to assure that DME conforms to the NERC TOP/LOC (Transmission
Operator/Load Control Center) reliability standards. This will include multiple standards that
will address Cyber Processes and all standards associated with having THE defined "Critical
Assets." Our timeline for completion for the new registration and full compliance is set for June
2011.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council approved the initial expenditure of $169,580.00 on October 6, 2009 for the following
compliance related items: DP (Distribution Provider), LSE (Load Serving Entity), TO
(Transmission Owner), and TP (Transmission Planner). The Public Utilities Board approved the
first amendment on July 26, 2010.
RECOMMENDATION
Approve the execution of a first amendment to a Professional and Personal Services Agreement
with KEMA, Inc., in an amount not-to-exceed $86,360 for a total award amount not-to-exceed
$255,940.
Agenda Information Sheet
August 3, 2010
Page 2
PRINCIPAL PLACE OF BUSINESS
KEMA, Inc.
Chalfont, PA
ESTIMATED SCHEDULE OF PROJECT
The timeline for completion for the new registration and full compliance is set for June 2011.
FISCAL INFORMATION
This project will be funded from account 600202.7899.5880A. This amount will be added to
Purchase Order 146456.
Respectfully submitted:
Bryan Langley, 349-7100
Director of Finance
I -.CIS-File 4412
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL AND
PERSONAL SERVICES AGREEMENT WITH KEMA, INC., A CORPORATION FOR
EXAMINING FOR THE THE AND NERC REGULATORY COMPLIANCE OF THE
DENTON MUNICIPAL ELECTRIC SYSTEM; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR IN THE FURTHER AMOUNT NOT-TO-EXCEED AN ADDITIONAL
$86,360; AND PROVIDING AN EFFECTIVE DATE (FILE NO. 4412 - AGGREGATING
NOT-TO-EXCEED $255,940).
WHEREAS, the City Council deems that it is in the public interest to continue to engage
KEMA, Inc., a Corporation ("KEMA"), to provide personal and professional services pertaining
to the compliance of Denton Municipal Electric ("DME") with the standards set by state and
federal regulatory agencies THE and NERC. KEMA is a global engineering firm, systems
integrations firm, as well as a global management firm who in this continued engagement will
assess compliance to the national standards as well as identifying areas for improvement in these
processes; and
WHEREAS, these services are necessary to be performed by an outside specialty firm to
gauge and audit compliance with the industry standards; and City Staff has selected this firm
because of their high reputation in the electric industry, as several other Texas cities have. City
Staff has determined that the firm is competent and the fees under the Agreement are fair and
reasonable, and are consistent with and not higher than the recommended practices and fees
published by the applicable associations applicable to KEMA's profession, and that such fees do
not exceed the maximum provided by law: and
WHEREAS, DME is presently registered with NERC as a DP (Distribution Provider) and
presently there are fourteen (14) actively monitored NERC Standards. However, with the
connection of the R. D. Wells Substation and the 138 KV line built by DME to energize the
station, the Compliance Registration for DME will be upgraded to three new additional
registration functions. These are the LSE (load serving entity), the TO (transmission owner) and
the TP (transmission planner). These additional registrations will impose upon DME ninety-
seven (97) newly monitored standards. If there is regulatory noncompliance then the City can
possibly be subject to fines and sanctions levied by both the THE and the NERC; and
WHEREAS, DME will be required to register with both the THE and NERC as an LSE,
TO and TP prior to adding any additional load to the R.D. Wells Substation and the completion
of the new tie line from the R.D. Wells substation to the Hickory Substation, which is expected
soon; and
WHEREAS, the City Council has determined that there is a "critical business need," as
previously determined in Ordinance No. 2009-189, approved on September 1, 2009; in that the
services described hereinabove are to be used on electric production, transmission, distribution
1
and station systems, and the requested services are a procurement for personal services or highly
technical services and are additionally a procurement necessary to protect the competitive
position of Denton Municipal Electric; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-referenced personal and professional services, and that limited City staff cannot
adequately perform the highly specialized services and tasks with respect to NERC/TRE
compliance with its own personnel, as outside personnel are necessary to determine compliance;
and
WHEREAS, after a recommendation of approval by the Public Utility Board, the City
Council adopted Ordinance No. 2009-255 at its meeting of October 6, 2009 which pertained to
the "Professional and Personal Services Agreement for TRE/NERC Compliance Consultant"
which approved the retention of KEMA for the services referenced hereinabove in the original
not-to-exceed amount of $169,580; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act." generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The preamble to this ordinance is incorporated herewith for all purposes.
SECTION 2: The City Manager is hereby authorized to execute a "First Amendment to
Professional and Personal Services Agreement for KEMA, Inc." (the "First Amended
Agreement") with KEMA, Inc., a Corporation, in an amount not-to-exceed an additional $86,360
(aggregating $255,940) for continued professional and personal services, pertaining to the
TRE/NERC compliance of Denton Municipal Electric; in substantially the form of the First
Amended Agreement attached hereto as Exhibit "A" which is incorporated herewith by
reference.
SECTION 3: The award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of KEMA and the demonstrated ability
of KEMA to continue to perform the services needed by the City for a fair and reasonable price.
SECTION 4: The expenditure of funds as provided in the attached First Amended
Agreement is hereby authorized.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12010.
2
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Exhibit A
STATE OFTEXAS
COUNTY OF DENTON 5
FIRST AMENDMENT TO
PROFESSIONAL AND PERSONAL SERVICES AGREEMENT WITH KEMA INC..
(FILE #4412)
THIS FIRST AMENDMENT TO PROFESSIONAL AND PERSONAL SERVICES
AGREEMENT WITH I EMA INC.:. for highly technical services, is in compliance with City of
Denton, Texas Ordinance No. 2009-189, and is made and entered into as of the 2nd day of
August., 2010, by and between the City of Denton, Texas, a Texas municipal corporation, with its
principal office at 215 East McKinney Street, Denton, Denton County, Texas "76201, hereinafter
called "OWNER;" and KEMA Inc., a Corporation, with its corporate office at 4377 County Line
Road, Chalfont, Pennsylvania, hereinafter called "CONSULTANT;" each acting herein, by and
through their duly authorized officials, officers and representatives.
W ITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree to amend the terms of the original Professional and Personal
agreement for THE/NER.C Compliance Consultant" for the first time (the "Agreement") as
follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
Delete the 2"" paragraph of Article I of the Agreement entitled "Employment of
Consultant" and substitute the following:
"The Project shall now include, without limitation, highly technical services to advise the
City of Denton/Denton Municipal Electric regarding conformance to the THE/NERC reliability
standards as outlined more specifically in Proposal No. 10-2475."
ARTICLE II
SCOPE, OF SERVICES
In Article It of the Agreement, delete the words "CONSULTANT'S Proposal No. 009-
1851" and instead substitute "CONSULTANT'S Proposal No. 10-2475." This Proposal is
attached hereto as Exhibit "A" and is incorporated herewith by reference.
ARTICLE III
COMPENSATION
In Paragraph 3, line 5 of Article V. of the Agreement delete the amount of "s 169,580"
and instead substitute the following language: "not to exceed an additional sum of $86,360,
aggregating the sum of $255,940."
ARTICLE, IV
NOTICES
The provisions of Article XIV of the Agreement are amended to add the following two
persons regarding the sending of notices as regards the OWNER:
To OWNED:
City of Denton, Texas
George C. Campbell, City Manager
215 East McKinney Street
Denton, Texas 76201
City of Denton, Texas
Phil Williams, General Manager
1659 Spencer Road
Denton, Texas 76205
Rhone: 940 3,1-9-8487
ARTICLE V
EFFECT OF THIS FIRST AMENDMENT
CONSULTANT AND OWNER hereto agree, that except as specifically provided for by
this First Amendment, that all of the terms, covenants, conditions, agreements, rights,
responsibilities, and obligations of the Parties, set forth in both the Agreement and the First
Annendi-rent, shall be and will remain in full force and effect.
IN WITNESS HEREOF, the City of Denton, Texas has executed this Agreement to be
executed by its duly authorized City Manager; and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the day of
2010.
"OWNER"
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
Fly:
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WA.LTERS, CITY SECRETARY
By:
Rage 2
APPROVED AS TO LEGAL, FORM:
ANITA BURGESS, CITY" ATTORNEY
By-
"CONS JLT' 81YT"
KEMA, INC.'.
A Corporation
By:
Its
ATTEST:
By:
APPROVED AS TO LEGAL I~ORIM:
Icy:
7
I'a,,e
~
MINUTES
PUBLIC UTILITIES BOARD
July 26, 2010
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, July 26, 2010 at 9:26 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton.
Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, John Baines and
Barbara Russell.
Ex Officio Members:
George Campbell City Manager, Howard Martin, ACM Utilities
Absent: Bill Grubbs and Phil Gallivan, all excused
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
3) Consider recommending approval of an ordinance accepting KEMA Proposal No. 10-2475 in
the amount of not-to-exceed $86,360 and awarding a "First Amendment to Professional and
Personal Services Agreement with KEMA, Inc." for professional and personal services to
ensure that the City of Denton, Texas and Denton Municipal Electric will be compliant with
the THE (Texas Regional Entity) and with NERC (North American Electric Reliability
Corporation) reliability standards.
Board Member Robinson moved to approve item 3 with a second from Board Member
Russell. The motion was approved by a 5-0 vote.
The meeting was adjourned by consensus at 10:00 a.m.
This page left blank intentionally .
AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Keith Gabbard 349-7144
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of Cem-Line from TXI, which is available
from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas
Local Government Code exempting such purchases from the requirements of competitive
bidding; and providing an effective date (File 4538-Purchase of Cem-Line for Street Department
in the unit price amount of $135/dry ton for an annual estimated amount of $300,000).
FILE INFORMATION
This item will be used by the Street Department to modify or stabilize the subgrade of streets to
improve constructability. Cem-Lime, a product combination of lime and cement, provides
strength, durability, and more resistance to water when compared to typical hydrated lime. Lime
works well to bring the plasticity index (PI) of the soil to workable levels. The cement produces
the strength necessary to bind particles together to provide a stronger sub-base with better
waterproofing characteristics. This product is more suitable for soil types found in the Denton
area. This additional lime content adds calcium hydroxide, the primary compound responsible
for lowering the plasticity index of clay soils found in North Texas.
Chapter 252 of the Texas Local Government Code exempts from the competitive bid process,
those supplies and resources protected by copyright or patent and available from only one
source. TXI is the only known source of this product and therefore this is considered a sole
source acquisition.
RECOMMENDATION
Award to TXI in the unit price amount of $135/dry ton for an annual estimated amount of
$300,000.
PRINCIPAL PLACE OF BUSINESS
TXI
Dallas, TX
Agenda Information Sheet
August 3, 2010
Page 2
ESTIMATED SCHEDULE OF PROJECT
This item can be delivered and installed within two days of receipt of an order.
FISCAL INFORMATION
This item will be charged to the individual project account as street surfacing projects are
scheduled.
VV HIRITC
Exhibit 1: Quote/Sole Source Letter from TXI
Respectfully submitted:
Bryan Langley, 349-7100
Director of Finance
I-.CIS-File 45 38
Exhibit 1
a 1341 West Moc h- `nlyd Lane b Dallas, Texas 75247 ° 972 647.6-700 Fax 972.647.3464 * wwvv txi , Qm
July 6, 2010
City of Denton
901B Texas Street
Denton, TX 76209
Attn: Karen Smith
TXI Operations, LP has a product called Cem-Lime which is a cementitious product. This product is
produced at our cement mill located in Midlothian, Texas and is available in a dry powder form. At
significant cost to itself, TXI has developed the processes and components necessary to manufacture
Cem-Lime through internal experimentation, expertise and inventiveness. However, because of the
proprietary nature of the Cem-Lime product and manufacturing processes, TXI believes that it is the sole
supplier that can provide you with Cem-Lime.
Cem-Lime price to the City of Denton is $135.00 per dry ton delivered and spread. This price is valid
through July 1, 2011.
If you have any questions or need more information, please contact me at 972-647-6739.
Sincerely,
Allen Ferguson
North Texas Cement & Aggregates
Senior Sales Executive
(~72) 647-6739
CC: Bill Murdock
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF CEM-LINE FROM TXI, WHICH IS AVAILABLE FROM ONLY
ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF
CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING
SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING;
AND PROVIDING AN EFFECTIVE DATE (FILE 4538-PURCHASE OF CEM-LINE
FOR STREET DEPARTMENT IN THE UNIT PRICE AMOUNT OF $135/DRY TON
FOR AN ANNUAL ESTIMATED AMOUNT OF $300,000).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
4538 TXI $135/dry ton
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 12010.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
h
BY:
3-ORD-File 438
This page left blank intentionally .
AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Parks & Recreation
ACM: Fred Greene
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section
17-20 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations
imposed by that section with respect to sound levels and hours of operations for an outdoor
music festival; and providing an effective date. The North Texas State Fair Association is
requesting a three-year exception (years 2010-2012) for the North Texas State Fair and Rodeo,
which begins on the third Friday of August and ends on the fourth Sunday of August. The
exception requested is for Monday through Thursday until 12:00 midnight, Friday and Saturday
until 1:00 a.m., and until 11:00 p.m. on Sunday. Staff recommends approving the three-year
noise exception request.
BACKGROUND
Glenn Carlton, Executive Director of the North Texas Fair Association, has submitted a request
for an exception to the Noise Ordinance for the purpose of the North Texas State Fair and Rodeo
to be held at 2217 North Carroll Boulevard. The event begins on the third Friday of August and
ends on the fourth Sunday of August. The requestor is specifically asking for an exception for
Monday through Thursday until 12:00 midnight, Friday and Saturday until 1:00 a.m., and until
11:00 p.m. on Sunday. The requestor also asks that the exception be granted for a three-year
period as has been done in the past.
This event has been a major community activity for 82 years and has been a cornerstone to the
quality of life. The Fair is part of the heritage of this area and its commitment to youth,
agriculture, and the community remains their purpose.
RECOMMENDATION
Staff recommends approving the three-year request for the noise exception.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
Previously, City Council has approved noise exception requests for this event for the three-year
periods of 2004-2006 and 2007-2009.
Agenda Information Sheet
August 3, 2010
Page 2
EXHIBITS
1. Ordinance
2. Letter of Request
Respectfully Submitted:
U.0 .
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
scour docutnentslordinances1101north texas fair noise exception.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 17-20 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN
EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO
SOUND LEVELS AND HOURS OF OPERATIONS FOR AN OUTDOOR MUSIC FESTIVAL;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 2007-111, the City Council granted the North Texas State
Fair Association a three-year exception from the requirements of Section 17-20 of the Code of
Ordinances of the City of Denton, Texas ("Code") and that exception has expired; and
WHEREAS, by Ordinance No. 2009-062, the City Council amended the noise ordinance
and exceptions were allowed as to sound levels and hours of operation when the public interest will
be served thereby for outdoor music festivals; and
WHEREAS, the North Texas State Fair and Rodeo meets the definition of Outdoor Music
Festival pursuant to Section 17-2 of the Code of Ordinances of the City of Denton, Texas; and
WHEREAS, North Texas State Fair Association has made application to the City Council
for an exception to the provisions of Sections 17-20 of the Code regarding sound levels and time of
use of amplified loudspeakers, in connection with the North Texas State Fair And Rodeo annual
event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds in Kimbrough Park, and
in connection with said request, has requested the exception to be granted on an ongoing basis for
said annual event at said location for ten days between the third Friday of August through the fourth
Sunday of August 2010-2012; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, North Texas State Fair Association has consistently demonstrated over the past three years
an ability to responsibly operate amplified loudspeakers in connection with the North Texas State
Fair and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds,
at time past the hours defined and sound levels allowed by §17-20 of the Code, within the public
interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity
thereof; and
WHEREAS, based upon this past history, the City Council of the City of Denton, Texas
finds that granting an exception for this annual event on an ongoing basis for a three-year period,
subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant to § 17-20 of the Code of Ordinances, North Texas State Fair
Association is hereby granted an exception to section 17-20 limitation, for a period of three years,
upon the time periods and sound level for outdoor music festivals, subject to the conditions listed
below:
1. This exception is granted only in connection with the operation of the North Texas
State Fair and Rodeo annual event at 2217 North Carroll Boulevard, North Texas State Fair-
grounds, for ten days between the third Friday of August through the fourth Sunday of
August 2010-2012.
2. North Texas State Fair Association agrees to take full responsibility for ensuring
that the conditions of this exception are met, and to take all reasonable measures necessary
to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of the event.
3. North Texas State Fair Association agrees to cease exceeding the sound levels of
Section 17-20 at 12:00 midnight Monday through Thursday, 1:00 a.m. Friday and
Saturday and 11:00 p.m. on Sunday.
4. Under no circumstances shall the annual event permit sound levels to exceed the
requirements of Section 17-20 of the Code between the hours of 1:00 a.m. and 7:00 a.m.
5. This ordinance confers no personal or property rights, and may be amended,
modified, superseded or revoked in whole or in part at the will of the City Council of the
City of Denton, Texas, without any advance warning, hearing or compensation, for any
reason at all, or for no reason.
6. This ordinance shall be strictly construed as an exception granted pursuant to § 17-20
of the Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas
expressly reserves unto itself and all other persons any and all legal remedies, civil or
criminal, relating to excessive noise in connection with this annual event, and hereby dis-
claims any promissory or equitable estoppel which might in any way impede the pursuit of
such remedies by any person.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval, and expire three years hence, unless sooner repealed, modified or rescinded.
PASSED AND APPROVED this the day of a 2010.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
710< :z
July 14, 2010
Vice President:
Mark Faster
Jerry Cobb
Layne Brewer
Secretary:
Carl Anderson
Treasurer:
Harry Hall
Directors:
Bill Allen
Eddie Ary
Robert Bell
Mickie Blagg
Danny Brumley
Don Fischer
Richard Fisher
Jim Fykes
Richard Hayes
Wayne Johnson
Bobby Jones
Mickey McNary
Jeff Krueger
Weldon Lucas
Dale McKnight
Ex-Officio Directors;
Mary Horn,
County Judge
Mark Burroughs,
Mayor
George C. Campbell,
City Manager
Chuck Carpenter,
President, Chamber
of Commerce
Executive Director:
Glenn Carlton
Executive Assistant:
Nanci Kimmey
The Honorable Mark Burroughs and members of the City Council;
Dear Mayor Burroughs and Council Members;
This letter is to inform you of our request for a 3 year variance of the
City of Denton Sound Ordinance. We are asking for an exception to
sound levels and hours of operation for the following time period:
Dates and Times
August 19 - 29, 2010
August 18 - 28, 2011
August 16 - 26, 2012
During the hours of:
Monday - Thursday until 12 midnight
Friday Saturday until 1:00am
Sunday until 11:OOpm
For a sound level not to exceed 70 decibels.
The North Texas State Fair Association has been operating on a 3 year
variance since 2004. We have had very few complaints and many years
operating Without any complaints at all.
Thank you for your consideration and service to this community.
Sincerely,
Glenn Carlton
Executive Director
North Texas State Fair Association
Cc: Janie McCleod
2217 NORTH CARROLL • P.O. BOX 1695 DENTON, TEXAS 76202 . (940) 387-2632 • FAX (940) 082-7763
7
President:
R.D. Martin
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Environmental Services and Sustainability
ACM: Howard Martin, 349-8231
SUBJECT
Consider approval of a resolution by the City Council of the City of Denton, Texas, recognizing
the mission of the Clear Creels Natural Heritage Center to inspire environmental partnership and
stewardship, as well as to provide an understanding of the natural heritage of North Central
Texas; recognizing that the Center will be developed using sustainable building practices and
will serve as a learning center for environmental citizenship and sustainability; endorsing the
"Clear Creek Long-Range Plan" prepared by staff, implementing the said Long-Range Plan for
the period beginning FY 2010-2011 and Ending FY 2014-2015 inclusive; expressing the City's
intention to participate and contribute to said Long-Range Plan; finding that the Clear Creek
Facilities and the "Clear Creek Long-Range Plan" benefit the public and safeguard the public
welfare; providing for an effective date.
BACKGROUND
The City of Denton originally leased the project area from the Corps of Engineers in 2000. The
2,835 acres that is primarily floodplain and floodway, is identified as a wildlife management area
and is part of the watershed for Lake Lewisville. The original phase of the project included the
constriction of 2 wetlands and the planting of over 190 acres to restore forest areas and wildlife
habitat. Following the restoration and wetland projects, the City worked with the Corps to have
a small portion of the area that is outside of floodplain identified as a higher recreation use. This
allowed Denton to pursue opportunities to develop partnerships, create a center and ultimately
develop a facility that could implement the principles of sustainable building, development, and
living and be a gateway to the remaining 2,800 acres that offer so much to both our community
and our region. Through our lease with the Corps we have filed development and mitigation
plans and are restricted to certain parameters for development.
The area, including Clear Creek and the Elm Fork of the Trinity River, has a memorable history
in the community and many of our local citizens have shared stories about frequenting the area
as they were growing up in Aubrey and Denton area.
The Clear Creek Master Plan was completed by Overland Partners in 2002. Overland Partners
stated "The existing mission and core purpose are reflected by the name choice, Clear Creek
Natural Heritage Center. The balanced emphasis on nature and human interaction with nature
provides a powerful platform for a much broader scope of educational programs, exhibits,
demonstrations, research and workshops among other activities. Unlike a zoo or nature center
where exhibitions are typically more "show and tell," Clear Creek has the distinct advantage of
articulating a broader message that centers on our history and future opportunities as partners and
stewards of our natural world.
The mission of Clear Creek is to inspire environmental citizenship through an
understanding of the natural heritage of North Central Texas.
Clear Creek Natural Heritage Center can help pave the way for improved natural resource
conservation by all citizens who are moved to embrace a new or renewed land ethic as a result of
their experiences at the Center. The Center will be developed using sustainable building
practices and will serve as a learning center for environmental citizenship and sustainability in
general. Clear Creek can be a catalyst to promoting our sustainability goals and practices as our
Sustainability Plan develops and community education is expanded.
Clear Creek has the advantage of having the ability to teach about watershed protection, water
quality, use of native plants for urban landscaping, habitat protection and restoration. It also can
be a resource for the history and heritage of North Texas, recent farming and ranching practices
as well as the opportunity through adjacent property to bring back an education component
related to farming and ranching.
While the western portion of the area has been used as a higher intensity learning area, it is
important to note that the eastern portion is, by lease agreement, still operated as a wildlife
management area. Hunting is limited to waterfowl, migratory bird and hogs. The Corps
previously offered unlimited free hunting permits for the Lake Lewisville area, but when this
responsibility was passed on to Denton, we requested and received permission to both limit the
number of permits and charge a fee for each permit. All funds collected for activities at the site
must go directly back into Clear Creek operations; this applies to both the Wildlife Management
area and the Natural Heritage Center.
We have used money generated to repair fence and gates and will improve a parking area prior to
the beginning of the next hunting season. The Clear Creek/Elm Fork area has long been a
favorite of fishermen and hunters making this a part of the heritage of the area.
The goals of the Overland Partners Clear Creek Master Plan, though far reaching, are slowly
being executed. Through the constriction of the interim education facility in 2006/2007, a 3000
square foot building with restrooms, , Denton Independent School District was able to launch an
Elementary Outdoor Education curriculum that provides hands on activities and interaction with
nature to reinforce classroom curriculum. The number of students that have no other avenue to
experience nature is alarming. The program was expanded in 2009 to include a presentation by
the Denton County Museum on the Square travelling museum to introduce the way of life of the
Indians and early settlers to Denton County. The ability to teach about the early settlers in a
natural environment only enhances the message.
Recent Activities
2009-2010 has been an exciting time at Clear Creek; we have installed much of the Denton
County Master Gardener designed landscaping, installed and already expanded a rainwater
collection system, installed drip irrigation to the planted beds and with the incredible amount of
rainfall this winter the trees planted last fall are thriving. Volunteers from a class at the
University of North Texas Art Department planted two of the beds as an earth day project and
then completed art installation pieces across the prairie using natural materials.
Denton ISD teachers are becoming more comfortable with Clear Creek Field Trips, the
experience of being outside of the classroom, though scary for some at first, is so much
appreciated by the children and parents that participate that the teachers are seeing the benefits
and overcoming concerns. The teachers have less need for Master Naturalist as guides this year
which has allowed the Master Naturalists to set up stations for advanced learning activities. New
for Denton ISD in 2009-2010 is water quality testing for the 5th grade, and lichen observation for
both 4th and 5th grades. Several high school ecology class field trips have also been conducted
over the past school year.
The Clear Creek Sponsored lectured series that the Parks and Recreation department promotes
and provides assistance for has been a huge success. We have had Bat World for the past 2 years
with well over 500 people attending and have expanded to 2 sessions for 2010. A wildlife rescue
lecture was added this year as well as a rainwater harvesting class and a birds of prey lecture.
Nature hikes are held by parks throughout the year and are very well attended. Both local and
regional partnerships with Texas Parks and Wildlife have resulted in several classes being held
by the Ray Roberts Interpretive Program group. As well as the preparation for outdoor activities
planned at the Regional Level, sample programs include basic camping skills, an outdoor family
fun day that introduces families to archery, angling, camping, and many other opportunities to
get outdoors.
The Clear Creek Long Range Plan provides a framework to help achieve the original goals set
for the Clear Creek Natural Heritage Center and a timeline for implementation. Several of the
2010-2011 tasks are already underway and will lay the groundwork for moving into the coming
years.
OPTIONS
1. Approve Clear Creek Long Range Plan as presented.
2. Approve with modification.
3. Postpone approval of Clear Creek Long Range Plan No Action
RECOMMENDATION
1. Staff recommends approval of Clear Creek Long Range Plan as submitted.
ESTIMATED SCHEDULE OF PROJECT
Long Range Plan is 5 year plan beginning in 2010 and ending in 2015.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Approved by City Council Committee on the Environment April 23, 2010.
EXHIBITS
1. Resolution
2. Clear Creek long Range Plan 2010-2015
3. City Council Committee on the Environment Meeting Minutes - draft
Respectfully submitted:
a
Kenneth Banks, Director
Environmental Services and Sustainability
Prepared by:
Katherine Barnett-White
Sustainability & Utility Project Coordinator
RESOLUTION NO. R201 0-
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
RECOGNIZING THE MISSION OF THE CLEAR CREEK NATURAL HERITAGE
CENTER TO INSPIRE ENVIRONMENTAL PARTNERSHIP AND STEWARDSHIP, AS
WELL AS TO PROVIDE AN UNDERSTANDING OF THE NATURAL HERITAGE OF
NORTH CENTRAL TEXAS; RECOGNIZING THAT THE CENTER WILL BE
DEVELOPED USING SUSTAINABLE BUILDING PRACTICES AND WILL SERVE AS A
LEARNING CENTER FOR ENVIRONMENTAL CITIZENSHIP AND SUSTAINABILITY;
ENDORSING THE "CLEAR CREEK LONG-RANGE PLAN" PREPARED BY STAFF;
IMPLEMENTING THE SAID LONG-RANGE PLAN FOR THE PERIOD BEGINNING FY
2010-2011 AND ENDING FY 2014-2015 INCLUSIVE; EXPRESSING THE CITY'S
INTENTION TO PARTICIPATE AND CONTRIBUTE TO SAID LONG-RANGE PLAN;
FINDING THAT THE CLEAR CREEK FACILITIES AND THE "CLEAR CREEK LONG-
RANGE PLAN" BENEFIT THE PUBLIC AND SAFEGUARD THE PUBLIC WELFARE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in the year 2000, the City originally leased the Clear Creek project area
from the Army Corps of Engineers ("Corps"); the 2,835 acres at that time was primarily
identified as floodplain and floodway, as a wildlife management area, and a part of the
watershed for Lake Lewisville; the initial phase of the project included the construction of two
wetlands and the planting of over 190 acres in order to restore forests and wildlife habitat; and
WHEREAS, subsequently the City worked with the Corps so that a small portion of the
area that is outside of floodplain would be identified as a higher recreation use; said activity
allowed the city to pursue opportunities to develop partnerships, create a center and ultimately
develop a facility that could implement the principles of sustainable building, development and
living, and also be a gateway to the remainder of the 2,835 acre tract leased from the Corps;
and
WHEREAS, the "Clear Creek Master Plan" was completed by the firm Overland
Partners in 2002; that plan, considering the existing mission of the facility as well as the core
purposes were best reflected by the name "Clear Creek Natural Heritage Center" ("CCNHC" or
the "Center"). In connection with the development of this master plan, there was a balanced
emphasis on nature and human interaction with nature that provides a powerful platform for a
much broader scope of educational programs, exhibits, demonstrations, research; the venue
became more than a zoo, or a nature center where exhibitions are merely "show and tell," Clear
Creek has the distinct advantage of presenting a broader message that centers on our history as
well as our future opportunities as partners and stewards of our natural world; and
WHEREAS, the mission of the Center has been to inspire environmental citizenship
through an understanding of the natural heritage of North Central Texas; and the Center can
help pave the way for improved natural resource conservation by all citizens who are moved to
embrace a new or a renewed land ethic as a result of their experiences at the Center; and the
Center will be developed using sustainable building practices and will serve as a learning center
for environmental citizenship and sustainability in general; and the Center also has the
advantage of having the ability to teach about watershed protection, water quality, use of native
plants for urban landscaping, habitat protection and restoration; the Center can also be a
resource for the history and heritage of North Central Texas, recent farming and ranching
practices, as well an opportunity, through adjacent property, to bring back an education
component that is related to farming and ranching; and
WHEREAS, the Council has had an opportunity to thoroughly read and review the
proposed "Clear Creels Long Range Plan" ("Plan") which has been developed by city staff, and
the Council is of the opinion that the Plan is well-taken and that the Plan clearly benefits the
public as well as safeguarding the public welfare; and the Council is therefore of the opinion
that this Resolution should be, in all things passed and approved by the Council; NOW
THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. The City Council incorporates all provisions contained in the Preamble
to this Resolution by reference herein, as a part of this Resolution.
SECTION 2. The City Council adopts and endorses the "Clear Creek Long Range
Plan" (which Plan is attached hereto as Exhibit "A" and is incorporated herewith by reference)
and resolves that it intends to participate in implementing said Plan over the next five (5) fiscal
years of the City (FY 2010-2011 through 2014-2015, inclusive).
SECTION 3. This Resolution shall become effective immediately upon its passage.
PASSED AND APPROVED this the day of August, 2010.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By. 2
Clear Creek Natural Heritage Center
Long Range Master Plan
2010-2015
2010-2011
• Increase Advertising for lecture series and nature hikes to increase visitor numbers
• Include more lectures regarding sustainability and sustainable living (backyard composting, rainwater
harvesting, and community gardens)
• Begin prairie restoration experiment, work with junior high after school program
• Complete trail maintenance and natural surface trail master plan
• Continue partnership with Denton ISD, Introduce watershed model to 4t" grade classes as a precursor to
water quality testing
• Create 5010 for Clear Creek to begin applying for grant funding for future facilities
• Hold a fundraising Trail Run for National Trails Day (June 2011)
• Continue to expand Texas Parks and Wildlife programs
• Continue to establish appropriate contracts for maintenance and repairs
2011-2012
• Review Master Plan to determine implementation priorities and what could be pared down to make the
project more manageable financially.
• Apply for Grant Funding for Future facilities
• Construct Nature Explore Classroom for Denton ISD kindergarten and advertise to local preschools to
encourage increased awareness of area
• Increase Sustainability training and education at Clear Creek
• Install trails proposed through the natural surface trail master plan
• Install bird blinds and offer more birding opportunities
• Implement CIP funding for increased infrastructure at Clear Creek
2012-2013
• Create a part time position at Clear Creek to oversee day to day operations to allow Sustainability and
Special Projects Coordinator to further pursue funding opportunities.
• Develop a comprehensive marketing and advertising campaign to promote Clear Creek at both the local
and regional level.
• Budget for design of structure to act as gateway to the Clear Creek Natural Heritage Area
• Construct trail for physically challenged students in partnership with Denton ISD.
• Implement summer camp program for youth who do not typically experience nature programs
2013-2014
• Begin Construction of facility that will be sustainably built and serve as demonstration project for living
sustainably. We will highlight alternative energy, alternative waste water treatment, composting, and aim
for a zero waste facility. This facility should be a showplace and destination for conferences, private
events, fundraisers etc.
• Promote use of facility for sustainable growth conferences.
• Continue to expand Denton ISD programs and offer new experiences to encourage return visits.
2014-2015
• Open first phase of sustainably constructed Clear Creek Natural Heritage Center and have full time
position that can coordinate activities on site.
Draft Minutes
Committee on the Environment
April 23, 2010
2. Receive a report, hold a discussion and give staff direction regarding Clear Creek Natural
Heritage Center Long Range Planning.
Barnett stated that the mission of Clear Creek Natural Heritage Center is clear and that staff
needs to focus on and to continue that mission. Barnett then stated that the master plan was
completed by Overland Partners in 2002 and that one of the great quotes from that plan states
that "the existing mission and core purpose are reflected by the name choice, Clear Creek
Natural Heritage Center. The balanced emphasis on nature and human interaction with nature
provides a powerful platform for a much broader scope of educational programs, exhibits,
demonstrations, research and workshops among other activities. Unlike a zoo or nature center
where exhibitions are typically more `show and tell' Clear Creek has the distinct advantage of
articulating a broader message that centers on our history and future opportunities as partners and
stewards of our natural world." The mission of Clear Creek is to inspire environmental
citizenship through an understanding of the natural heritage of North Central Texas.
Barnett stated the Center will be developed using sustainable building practices and will serve as
a learning center for environmental citizenship and sustainability in general. Clear Creek can be
a catalyst to promoting our sustainability goals and practices as our Sustainability Plan develops
and community education is expanded.
Clear Creek has the advantage of having the ability to teach about watershed protection, water
quality, use of native plants for urban landscaping, habitat protection and restoration. It also can
be a resource for the history and heritage of North Texas, recent farming and ranching practices
as well as the opportunity through adjacent property to bring back an education component
related to farming and ranching.
Barnett then stated that there are partnerships at Clear Creek with the Master Gardeners'
involved and that the front entrance flower beds were planted by the UNT art students as a
project for Earth Day.
Barnett stated that the money generated to repair fence and gates and will improve a parking area
prior to the beginning of the next hunting season. The Clear Creek/Elm Fork area has long been
a favorite of fishermen and hunters making this a part of the heritage of the area.
Barnett then stated that the goals of the Overland Partners Clear Creek Master Plan, though far
reaching, are slowly being executed. Through the constriction of the facility in 2006/2007
Denton Independent School District was able to launch an Elementary Outdoor Education
curriculum that provides hands on activities and interaction with nature to reinforce classroom
curriculum. The number of students that have no other avenue to experience nature is alarming.
The program was expanded in 2009 to include a presentation by the Denton County Museum on
the Square travelling museum to introduce the way of life of the Indians and early settlers to
Denton County. The ability to teach about the early settlers in a natural environment only
enhances the message.
The Clear Creek Sponsored lectured series that the Parks and Recreation department promotes
and provides assistance for has been a huge success. There has been a Bat World for the past 2
years and will expand to 2 sessions for 2010. A Wildlife rescue lecture was added this year as
well as a rainwater harvesting and a birds of prey lecture. Nature hikes are held by parks
throughout the year and are very well attended. Both local and regional partnerships with Texas
Parks and Wildlife have resulted in several classes being held by the Ray Roberts Interpretive
Program group. As well as the preparation for outdoor activities planned at the Regional Level,
sample programs include basic camping skills, an outdoor family fun day that introduces families
to archery, angling, camping, as well as other opportunities to get outdoors.
Barnett stated that while much as been accomplished, it is an important time for Denton to
refocus on the larger goals of the Master Plan. The following goals were presented for the next
five years.
2010-11
• increase advertising for lecture series and nature hikes to increase visitor numbers
• include more lectures regarding sustainability and sustainable living (backyard
composting, rainwater harvesting, and community gardens)
• begin prairie restoration experiment, work with junior high after school program
• complete trail maintenance and natural surface trail master plan
• continue the partnership with Denton ISD, Introduce watershed model to 4th grade classes
as a precursor to water quality testing
• create a 5010 for Clear Creek to begin applying for grant funding for future facilities
• Hold a fundraising Trail Run for National Trails Day (June 2011)
• continue to expand Texas Parks and Wildlife programs
• continue to establish appropriate contracts for maintenance and repairs
2011-2012
• Review Master Plan to determine implementation priorities and what could be pared
down to make the project more manageable financially.
• Apply for Grant Funding for Future facilities
• Constrict Nature Explore Classroom for Denton ISD kindergarten and advertise to local
preschools to encourage increased awareness of area
• Increase Sustainability training and education at Clear Creek
• Install trails proposed through the natural surface trail master plan
• Install bird blinds and offer more birding opportunities
• Implement CIP funding for increased infrastructure at Clear Creek
20 1 2.-20 1 '1
• Create a part time position at Clear Creels to oversee day to day operations to allow
Sustainability and Special Projects Coordinator to further pursue funding opportunities.
• Develop a comprehensive marketing and advertising campaign to promote Clear Creels at
both the local and regional level.
• Budget for design of stricture to act as gateway to the Clear Creek Natural Heritage Area
• Constrict trail for physically challenged students in partnership with Denton ISD.
• Implement summer camp program for youth who do not typically experience nature
programs
2013-2014
• Begin Constriction of facility that will be sustainably built and serve as demonstration
project for living sustainably. We will highlight alternative energy, alternative waste
water treatment, composting, and aim for a zero waste facility. This facility should be a
showplace and destination for conferences, private events, fundraisers etc.
• Promote use of facility for sustainable growth conferences.
• Continue to expand Denton ISD programs and offer new experiences to encourage return
visits.
20 14-20 15
• Open first phase of sustainably constricted Clear Creek Natural Heritage Center and have
full time position that can coordinate activities on site.
Mayor Pro Tem Kamp asked about funding for advertising. Barnett replied that funding had
been drastically cut this year and staff is looking at additional and varied ways to advertise.
Chair Mulroy asked if the Denton Independent School District contributed financially to the
Center. Barnett replied it did not. Mulroy then suggested that in the future to hold a j oint
session with the DISD and CC to discuss how DISD could contribute to the Center.
Chair Mulroy also suggested a field trip to the Center with the City Council.
Barnett stated that a waiver has created controversy and has had a significant impact on the
volunteer program for the Center.
Chair Mulroy moved to forward the Master Plan to the City Council for adoption with a
second from Mayor Pro Tem Kamp. The motion was approved by a 2-0 vote.
AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of a resolution voting for a member to the Board of Managers of the Denco
Area 9-1-1 District; and declaring an effective date.
BACKGROUND
The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers. The
board is appointed by the county, participating cities and the Denton County Fire Chief s
Association. Board members serve staggered two-year terms and are eligible for
reappointment. The Emergency Telephone Number Act states:
"the board shall manage, control and administer the district. The board
may adopt rules for the operation of the district. "
On May 15, 2010, Denco Area 9-1-1 sent a memo requesting nominations to serve on the
Board of Managers, which was provided to Council on June 15, 2010. On this same date, the
City Council voted to nominate Harlan Jefferson to the Denco Area 9-1-1 Board of Managers.
On July 16, 2010, the Denco Area 9-1-1 District sent a list of the nominations they received
from participating cities. There were two nominees: Harlan Jefferson and Troy Powell
(Attached).
Last year, the City nominated Olive Stephens to serve another term on the Board. This year,
the term of Harlan Jefferson of Flower Mound, expires on September 30, 2010. Mr. Jefferson
has expressed his desire to serve another term if appointed. The City has nominated Mr.
Jefferson to serve on the Board since 1998.
The current Board of Managers is comprised of the following individuals:
Board Member
Jack Miller, Chair
Mayor Olive Stephens, Vice Chair
Chief Lonnie Tatum, Secretary
Harlan Jefferson
Bill Lavrence
Keith Stephens
Appointed By
Denton County Commissioners Court
Denton County Participating City
Denton County Fire Chief's Association
Denton County Participating City
Denton Countv Commissioners Court
Largest Telephone Service Provider Rep
Term Expires
9/30/2010
9/30/2011
9/30/2011
9/30/2010
9/30/2010
Non-voting
Agenda Information Sheet
August 3, 2010
Page 2
ESTIMATED SCHEDULE OF PROJECT
Denco requests each city to vote for one of the nominees and advise them of its selection prior
to September 8, 2010. The nominee with the most votes will be the municipalities'
representative to the Denco Area 9-1-1 District Board of Managers for the two-year term
beginning October 1, 2010.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On June 15, 2010, the City Council approved a resolution to nominate Harlan Jefferson as a
member to the Board of Managers of the Denco Area 9-1-1 District for a two-year term to
commence on October 1, 2010.
RECOMMENDATION
Staff recommends voting for Harlan Jefferson to serve on the Board of Managers for Denco
9-1-1, as Mr. Jefferson was the City's nomination on June 15, 2010.
FISCAL INFORMATION
This resolution has no fiscal impact.
EXHIBITS
Memo from Denco
Resolution
Respectfully submitted:
Bryan Langley
Director of Finance
ri r --1 District
1075 Princeton Street - Lewisville, TX 75067 a Mailing: PO BOX 293058 r Lewisville, TX 75029-3058
Phone, 972-221-0911 < Fax: 972-420-0709
TO: Denco Area 9-1-1 District Participating Jurisdictions
FROM: Mike Pedigo, Executive Director
DATE: July 16, 2010
RE: Appointment to the Denco Area 9-1-1 District Board of Managers
On May 15, 2010, the Denco Area 9-1-1 District requested participating cities to nominate a
representative to the district board of managers. The following nominations were received by the
July 15, 2010 deadline:
Nominee
City/Town Makinq Nomination
Harlan Jefferson Denton
Flower Mound
Justin
Lewisville
Little Elm
Pilot Point
Troy Powell
The Colony
The Denco Area 9-1-1 District requests that each participating city vote for one of the
candidates and advise the district of its selection prior to 5 p.m. September 8, 2010. Please
send a copy of the resolution or minutes recording council action. Enclosed is a sample
resolution you may wish to use and resumes for the candidates. Also enclosed is a copy of the
resolution outlining board appointment procedures and a list of current board members.
Please mail your response to Denco Area 9-1-1 District, P.O. Box 293058, Lewisville, TX
75029-3058 or fax it to 972-420-0709. You may also email your response to me at
mpedigo@denco.org.
Thank you for your assistance in this matter.
Enclosures
www.denco.org
Council Resolution No.
A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS
OF THE DENCO AREA 9-1-1 DISTRICT.
WHEREAS, Section 772, Health and Safety Code, provides that two voting
members of the Board of Managers of an Emergency Communications District shall
be appointed jointly by all cities and towns lying wholly or partly within the District;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY / TOWN
OF ,TEXAS:
Section 1
The City / Town of hereby votes for
as a member of the Board of Managers for the Denco
Area 9-1-1 Emergency Communication District.
Section 2
That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
Mayor
City / Town of
ATTEST:
APPROVED AS TO FORM:
, 2010.
City / Town Secretary City / Town Attorney
HARLAN L. JEFFERSON
2100 Sagebrush Drive
Flower Mound, TX 75028
SUMMARY OF ACCOMPLISHMENTS
Over twenty-three years of diverse local government and supervisory experience. Demonstrated
ability to pioneer innovative initiatives and actualize organizational objectives such as:
- Successful Dedicated Sales Tax Election for a Crime Control District, Fire Prevention District,
Street Maintenance, and Park Improvements
- Eight bond rating upgrades culminating in an AA+ rating by Standard & Poor's and an Aa2
rating by Moody's
- Secured more than $105 million in transportation funding from the Regional Transportation
Council for roadway capacity improvements
- Design of western pump station to provide water to western Flower Mound
- Design of Denton Creek Wastewater System to serve Flower Mound, Argyle, and Northlake
- Creation of a Transportation Commission for traffic management and project prioritization
- Construction and completion of numerous roadway projects
- Proactive initiatives creating vibrant, sustainable neighborhoods
- Implementation of a proactive code enforcement program
Development of a self-insurance fund
Cultivation of a vehicle and equipment internal financing program
WORK-RELATED EXPERIENCE
Town Manager (April 2006 to present)
Town Manager's Office, Town of Flower Mound, Texas
Responsibilities. Administration and management of the daily operations of the Town's
departments; communicate and accomplish Town Council policies and initiatives; keep citizens
informed and promote awareness of Town services, projects, and community activities,
Deputy Town Manager/Chief Financial Officer (October 2000 to April 2006)
Financial Services Department; Internal Services Department, Town of Flower Mound, Texas
Responsibilities: Administration of all financial functions including, but not limited to Budget,
Cash Management, Debt Management, Accounting, Tax Collection, Payroll, Utility Billing,
Municipal Court, and Internal Services, comprised of Purchasing, Facilities Management,
Information Technology, and Fleet Management.
Director of Finance/Town Treasurer/Chief Financial Officer (June 1997 to October 2000)
Finance Department, Town of Flower Mound, Texas
Responsibilities: Administration of all financial functions including, but not limited to Budget,
Cash Management, Debt Management, Accounting, Purchasing, Tax Collection, Payroll, and
Utility Billing.
Director of Fiscal Operations (November 1994 to June 1997)
Finance Department, City of Denton, Texas
Responsibilities: Collecting, monitoring, and investing the revenue of the City of Denton.
Directing all aspects of a $100+ million investment portfolio (i.e., depository bank contract,
arbitrage tracking, investment purchases, and Investment Committee support). Supervision of
the Municipal Court, Customer Service, and Treasury Division of the City. Also, responsible for
Risk Management (i.e., Health and Liability Insurance), Debt Management, and Motor Pool
activities.
COMMUNITY INVOLVEMENT AND AFFILIATIONS
DENCO 911 Board Member, 1 998-Present
United Way of Denton County, Campaign Chairman, 1996
Denton Public Schools Foundation Board of Directors, 1995-June 1997
Kiwanis Member
Texas City Management Association
International City Management Association
National Forum for Black Public Administration
Government Finance Officers Association of the United States and Canada
Government Finance Officers Association of Texas
EDUCATIONXERTIFICATI ON
Masters of Public Administration, University of North Texas, Denton, 1987
Bachelor of Arts, Political Science, University of North Texas, Denton, 1983
Certified Government Finance Officer, Government Finance Officers Association of Texas
Certified Municipal Finance Administrator, Municipal Treasurers' Association of the United
States and Canada.
Troy C. aeI
3712 Saint Andrews Drive
The Colony, Texas 75056
Cell: (918) 269-4193
Office: (972) 624-3102
Email: tpowell@thecolonytx.gov
Objective
To serve as part of a leadership team in a dynamic local government addressing the future in visionary and
innovative ways.
Education
Master of Political Science - Urban Affairs Management (Urban Management emphasis),
University of Central Oklahoma, Edmond, OIL.
C Areas of Concentration: Public Administration, Public Policy, Urban Management, and
American Government.
Cl. Awarded the Outstanding Graduate Award for Political Science/Urban Affairs
Bachelor of Arts in Political Science, University of Central Oklahoma, Edmond,
Oklahoma.
Major Option: Public Administration
e Awarded the Outstanding Undergraduate Award for Political Science/Public Administration
Mork Experience
City Manager, City of The Colony, Texas (Ma), 2010- Present)
Ensure implementation and communication of Council priorities and goals to both internal and
external customers.
Provide innovative and cost effective services to maximize our customer's investment in our
community.
Administer the daily operations and activities of city divisions.
City Manager, City of Claremore, Oklahoma (Dec. 2005 - April 2010)
C Streamlined and flattened the organization making us more responsive and efficient
C Reduced departments from 29 to 21 by eliminating duplication of services and combining like
departmental functions.
Named by "Oklahoma Magazine" as one of the Top 40 Professionals Under 40 in the State of
Oklahoma for 2009.
Embarked upon an aggressive corununity revitalization program to redevelop old and forgotten
parts of our community.
E Implemented a Citizen Relationship Management software system to guarantee that citizens
concerns are tracked, monitored and completed. If issues are not completed in allocated time I am
notified and can take action.
Implemented marketing and PR program to communicate aggressively and make sure we are
getting our message to the citizens
C Awarded the International City Management Association Credentialed Manager Candidate
designation for dedication to ethics and professional management
e Selected by Oklahoma Magazine as one of the top 40 leaders in the state under 40 years old. 2009
C Former member of International City Management Association Strategic Planning Committee and
Conference Evaluation Committee
f Former President of the Edmond Exchange Club
Founding Member of Champions of Character Council for the promotion of character in the
workplace
Received Citation and Commendation from the Oklahoma State Legislature for Leadership during
the devastating ice storm of 2007.
DENCO AREA 9-1-1 DISTRICT
RESOLUTION
DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING
MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS,
WHEREAS, Chapter 772, Texas Health and Safety Code provides for the Denco Area 9-1-1 District
Board of Managers to have "two members appointed jointly by all the participating municipalities
located in whole or part of the district."; and
WHEREAS, each member serves a term of two years beginning on October 1st of the year member is
appointed; and
WHEREAS, one member representing participating municipalities is appointed each year.
NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF
MANAGERS:
The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1
District Board of Managers shall be the following:
1. Prior to May 15th of each year, the executive director shall send a written notice to the
mayor of each participating municipality advising that nominations are open for one of the
municipal representatives to the Denco Area 9-1-1 District Board of Managers until July
15th of that same year. The notice shall advise the mayors that, for a nomination to be
considered, written notification of council action must be received at the Denco office
prior to 5:00 p.m. on July 15th of that year. No nominations shall be considered after that
time.
2. On July 16`h of each year, the executive director shall send written notice to the mayor of
each participating municipality providing the slate of nominees to be considered for
appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning
October 1st. The notice shall advise the mayor that the city council shall vote, by
resolution from such city, for one of the nominees. Written notice of the council's
selection must be received at the district office by 5;00 p.m. on September 15th. No
notice will be accepted after that time.
3. The one nominee with the most votes received by the deadline will be the municipality
representative appointed for the two-year term beginning October 151.
4. If there is a tie between two candidates with the most votes, a runoff election will be held
immediately with the candidate receiving the most votes serving the remainder of the
term. The incumbent representative shall serve in that position,until replaced.
APPROVED and ADOPTED on this 4`h day of Februar)~1999
airman, Bord of Managers
Secretary, Board of 'Managers
0
Denco Area 9®1-1 District Board of Managers
FY2010
Jack Miller, Chairman
Appointed by Denton County Commissioners Court
® Member since October 2000
® Term expires September 2010
® Former mayor and council member of Denton
® Self-employed as a human resource manager
Mayor Olive Stephens, Vice Chair
® Appointed by member cities in Denton County
® Member since 1987
Term expires September 2011
Mayor, Town of Shady Shores
Chief Lonnie Tatum, Secretary
® Appointed by Denton County Fire Chief's Association
Member since May 2004
Term expires September 2011
Fire Chief, City of Highland Village
Harlan Jefferson
® Appointed by member cities in Denton County
Member since November 1998
® Term expires September 2010
® Town Manager, Town of Flower Mound
Bill Lawrence
Appointed by Denton County Commissioners Court
Member since October 2006
Term expires September 2010
Former Mayor of Highland Village
Businessman, Highland Village
Keith Stephens
Non-voting member appointed by largest telephone company (Verizon)
15 Member since 2004
19 Serves until replaced by telephone company
R Manager, Region Network Reliability, Verizon
All voting members serve two-year terms and are eligible for re-appointment.
SAAdmin\Board of Managers\Board of Managers General lnfonnation\Denco Board Roster FY2010.doc
salegallour documentslreso[utions110\911 nominate member. doc
RESOLUTION NO.
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE
DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of
the Denco 9-1-1 District, will expire on September 30, 2010; and
WHEREAS, Section 772.306(c)(2) of the Health and Safety Code (V.A.C.S.) provides that
two voting members of the Board of Managers of an Emergency Communication District shall be
appointed jointly by participating municipalities located in whole or in part in the District; and
WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton, Texas hereby nominates Harlan Jefferson as a member to
the Board of Managers for the Denco Area 9-1-1 Emergency Communication District of Denton
County for a two-year term to commence October 1, 2010.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2010.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: Transportation Operations
ACM: Howard Martin, 349-8232 t -
SUBJECT
Consider approval of a resolution of the City of Denton, Texas in support for the High Speed
Intercity Passenger Rail (HSIPR) Program project nomination through the Texas Department of
Transportation, Rail Division authorizing the Texas Department of Transportation to submit an
application to receive funding to perform preliminary engineering (PE) and National
Environmental Protection Act (NEPA) activities for an Amtrak passenger station stop at Krim,
Texas for the benefit of the citizens of Denton and Denton County and, if the grant is approved,
to facilitate interlocal agreements with the City of Krim and Denton County and take other
actions necessary to implement the grant, and provide an effective date.
BACKGROUND
At the June 2010 Mobility Committee meeting the Committee was briefed on the current status
of a proposed Denton County-Krim Station and on the potential extension of Heartland Flyer
service to Kansas City from Oklahoma City. The Heartland Flyer is an Amtrak route co-funded
by the Oklahoma Department of Transportation and the Texas Department of Transportation
(TxDOT) currently providing service between Fort Worth and Oklahoma City. Over the past
four years Denton County officials, City of Denton staff, City of Krim officials and North
Central Texas Council of Governments (NCTCOG) representatives have been working with
Amtrak and TxDOT to facilitate a feasibility study to determine the opportunity for the addition
of a Krim Station to serve the citizens of Denton County.
On July 20, 2010, City of Denton staff was given verbal notification from Ms. Jennifer
Moczygemba, TxDOT that the Amtrak feasibility study for a proposed Krim station was
favorable and that it would not impact the BNSF freight service or the Amtrak rail service.
TxDOT indicated that the next step in the process will be to initiate an environmental assessment
study and preliminary engineering for the proposed rail platform. TxDOT further stated that
they believe this to be a quality project and intends on submitting the project as a grant candidate
for the High-Speed Intercity Passenger Rail (HSIPR) Program. It is important to note that for
TxDOT to submit this project for the HSIPR grant program, TxDOT will need support
documentation in the form of a resolution from a local government indicating 20-percent of local
match funding is available. It is anticipated that the environmental and preliminary engineering
may require a local match of up to $33,000.
On July 20, staff conducted a conference call with Krim Mayor Terri Wilson and explained that
TxDOT was seeking a support resolution for the local 20-percent match. Mayor Wilson
confirmed that Commissioner Eads had allocated up to $50,000 of 2008 County bond funds for
the project. At the time this document was submitted, it was understood by City staff that the
bond language would not permit the use of these funds on rail transportation projects. At the
request of Commissioner Eads, John Polster, County transportation consultant, was directed to
work with County finance staff to review other funding sources to determine how the County
may advance the funding commitment for the proposed grant match.
Staff will continue to work with TxDOT, Denton County, the City of Krim and the North
Central Texas Council of Governments to assist in completing the proposed grant application.
To meet the grant deadline, staff is recommending that a resolution of general support for the
Krim station and the commitment of City of Denton staff resources be demonstrated via the
proposed resolution of support. No financial commitment by the City of Denton is contemplated
at this time due to budget constraints. Should the County or the City of Krim be unable to
identify match funding for the proposed grant, TxDOT will most likely not submit the grant
application.
FINANCIAL
Based on a $1 million budget for total constriction of the station loading platform, shelter
stricture/waiting area, connecting sidewalks, auto parking area, landscaping, utilities, and other
related design components the plans, specifications and estimates may amount to $125,000-
$150,000. Environmental clearance is estimated at $15,000, TxDOT preliminary review,
$50,000, TxDOT constriction oversight, $40,000, constriction budget $745,000. Twenty-
percent of Preliminary Engineering and Environmental clearance may be $33,000.
City of Denton staff support will be the only commitment by the City of Denton at this time, no
financial commitment has been offered.
SCHEDULE:
High-Speed Intercity Passenger Rail Program applications are due 5:00 pm EDT on August 6,
2010.
EXHIBITS:
1. Draft Resolution
2. Heartland Flyer Overview - graphic
Respectfully Submitted:
Mark Nelson
Transportation Director
IlcodadldepanmentsUegallour documentsVesolutionsU O0 amtrak resolutiondoe
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS IN SUPPORT FOR THE HIGH-
SPEED INTERCITY PASSENGER RAIL(HSIPR) PROGRAM PROJECT NOMINATION
THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, RAIL DIVISION,
AUTHORIZING THE TEXAS DEPARTMENT OF TRANSPORTATION TO SUBMIT AN
APPLICATION TO RECEIVE FUNDING TO PERFORM PRELIMINARY ENGINEERING
(PE) AND NATIONAL ENVIRONMENTAL PROTECTION ACT (NEPA) ACTIVITES FOR
AN AMTRAK PASSENGER STATION STOP AT KRUM, TEXAS FOR THE BENEFIT OF
THE CITIZENS OF DENTON AND DENTON COUNTY AND, IF THE GRANT IS
APPROVED, TO FACILITATE INTERLOCAL AGREEMENTS WITH THE CITY OF
KRUM AND DENTON COUNTY AND TAKE OTHER ACTIONS NECESSARY TO
IMPLEMENT THE GRANT; AND PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, (City) wishes to improve the safety and efficiency
of the movement of people by train; and
WHEREAS, the Amtrak Heartland Flyer passenger train corridor is a viable and important
asset to the City, County, region and local businesses; and
WHEREAS, the construction of a train station and stop along the Burlington Northern
Santa Fe (BNSF) railroad corridor at Krum, Texas on the rail corridor between Fort Worth,
Texas and Oklahoma City will accomplish the intention of the City; and
WHEREAS, the City anticipates funding for the Preliminary Engineering and National
Environmental Protection Act study will be available through the Texas Department of
Transportations High-Speed Intercity Passenger Rail(HSIPR) Program Nomination Form; and
WHEREAS, the City Council deems it in the public interest to support the HSIPR project
application for the Amtrak Rail Passenger Station at Krum, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by
reference into the body of this Resolution as if fully set forth herein.
SECTION 2. The City Manager or his designee is hereby authorized to submit a letter on
behalf of the City of Denton to support the Texas Department of Transportation (TxDOT) to
make application through the HSIPR for funding for Preliminary Engineering and National
Environmental Protection Act activities for making the necessary improvements to accomplish a
new Amtrak Passenger Station Stop at Krum, TX on the BNSF railroad.
SECTION 3. Should TxDOT approve funding for the Amtrak Passenger Station Stop
through the HSIPR the City agrees to commit to staff support for the projecfs development and
implementation.
5%CODADlDepanmemfs%egaAOur Docu w.in iReeolulions5lDLAmvak Resolution.doc
SECTION 4. The City Manager, or his designee, is the Cites authorized representative to
work with TxDOT, Denton County and the City of Krum to assist with any assurances,
conditions, or agreements required to be executed, to take all actions required to support TxDOT
to advance the proposed project.
SECTION 5. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12010.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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AGENDA INFORMATION SHEET
AGENDA DATE: August 3, 2010
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider nominations/appointments to the City's Boards and Commissions.
BACKGROUND
Attached is a list of outstanding nominations for board and commission positions. Nominations
made at this meeting could be voted on with the provision that the individuals meet all required
qualifications.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
BOARD AND COMMISSION NOMINATIONS
Board
Council Member
Nomination
Human Services Advisory Cmte.
Watts
Library Board
Engelbrecht
Public Art Committee
Burroughs
Zoning Board of Adjustment
Kamp
R - Reappointment
N - New Nomination