HomeMy WebLinkAboutFebruary 1, 2011 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
February 1, 2011
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, February 1, 2011 at 4:00 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for February 1, 2011.
3. Receive a report, hold a discussion, and give staff direction regarding the governance of
the Airport as recommended in the Denton Airport 2010 Business Plan.
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. Deliberations regarding Certain Public Power Utilities: Competitive Matters
Under Texas Government Code Sec. 551.086 and Consultation with Attorneys -
Under Texas Government Code Sec. 551.071.
1. Receive a status report and further presentation from staff regarding public
power competitive and financial matters regarding the possible
constriction and installation of a state-of-the-art combined heat and power
(CUP) tri-generation station for the City to be located in the industrial
district in the City of Denton, Texas; discuss deliberate, consider and
provide staff with direction regarding same. Further, receive a briefing
from and a consultation with the City's attorneys regarding legal issues
concerning the possible constriction and installation of a combined heat
and power (CUP) tri-generation station for the City in the industrial
district in the City of Denton, Texas; and discuss, deliberate and provide
the City's attorneys with direction and any recommendations regarding
such legal matter. A public discussion of this legal matter would conflict
City of Denton City Council Agenda
February 1, 2011
Page 2
with the duty of the City's Attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
B. Consultation with Attorney - Under Texas Government Code Section 551.071;
Deliberations regarding Real Property - Under Texas Government Code Section
551.072.
1. Receive a report and hold a discussion with the City's attorneys regarding
legal issues associated with real property interests located in the Hiram
Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas
(the "Property") and actions of the City of Denton related to the value and
sale of the Property. The duty of the City's attorneys to the City of Denton
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with the provisions of the Texas Open
Meetings Act, Chapter 551 of the Texas Government Code in this matter.
Also hold a discussion to deliberate the purchase, exchange, lease or value
of the Property. A discussion of these matters in an open meeting would
have a detrimental effect on the position of the City of Denton in
negotiations with the third party.
C. Consultation with Attorney - Under Texas Government Code Section 551.071;
Deliberations regarding Economic Development Negotiations - Under Texas
Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues related to
economic development incentives in which the duty of the attorney to the
City of Denton under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the provisions of
the Texas Open Meetings Act, Chapter 551 of the Texas Government
Code. Also hold a discussion regarding economic development incentives
and the discussion shall include commercial information the City Council
has received from the candidate which the City Council seeks to have
locate, stay, or expand in or near the territory of the City, and with which
the City Council is conducting economic development negotiations and to
deliberate the offer of a financial or other incentive to such candidate.
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
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:
City of Denton City Council Agenda
February 1, 2011
Page 3
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
1. Presentation by Carter Blood Care of Four Seasons Award.
2. Presentation of Empowering Excellence Award.
3. Denton Family Unity Week Proclamation.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Stephanie Johnson regarding red light cameras in Denton.
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - M). 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 - M 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 a request for an exception to the Noise Ordinance for the purpose of
performing live music during 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: March 27, April 17, May 22,
August 28, September 25, and October 23, 2011. 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.
B. Consider adoption of an ordinance amending Ordinance No. 2003-258 relating to
the Economic Development Partnership Board ("The Board") to add to the
membership of the Board and to expand the duties of the Board to include
branding and marketing for the Denton Municipal Airport in support of the
Denton Airport 2010 Business Plan and to further include duties related to Airport
economic development incentives; repealing all conflicting ordinances and
portions thereof, and providing an effective date.
City of Denton City Council Agenda
February 1, 2011
Page 4
C. Consider approval of a resolution amending Resolution No. R2009-015 to
establish a standing committee of the City Council of the City of Denton, Texas to
be known as the City Council Airport Committee to advise and assist the City
Council regarding City of Denton Municipal Airport Matters; alternatively
assigning such duties to an existing City Council committee; and providing for an
effective date.
D. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for Front Load Refuse Containers and Replacement Lids for the
City of Denton Solid Waste Department; providing for the expenditure of funds
therefor; and providing an effective date (Bid 4598-Annual Contract for Front
Load Refuse Containers awarded to the lowest responsible bidder meeting
specification, Roll-Offs USA, Inc., in the annual estimated amount of $140,000).
The Public Utilities Board recommends approval (5-0).
E. Consider adoption of an ordinance accepting competitive bids by way of an
Interlocal Agreement with the City of Fort Worth and awarding a contract for the
Commercial Credit Card Services; repealing Ordinance 2003-247; authorizing the
City Manager or his designee to make expenditures as set forth in the
Participation Agreement; and providing an effective date (File 4649-Interlocal
Agreement for Commercial Credit Card Services with the City of Fort Worth,
contract awarded to JPMorgan Chase Bank, N.A.).
F. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Buy Board for
the acquisition of thirteen (13) vehicles for the City of Denton General Fund
Departments by way of an Interlocal Agreement with the City of Denton; and
providing an effective date (File 4650-Interlocal Agreement for the purchase of
General Fund Vehicles awarded to Caldwell Chevrolet in the amount of $248,230
and Philpott Ford in the amount of $111,752 for a total award of $359,982).
G. Consider adoption of an ordinance of the City of Denton, Texas approving an
agreement between the City of Denton and the North Texas Umpire Association;
determining a sole source and approving the expenditure of funds for the purchase
of Certified Softball Officiating Services available from only one source in
accordance with the provisions of the state law exempting such purchases from
the requirements of competitive bids; and providing an effective date (File 4641-
Agreement with North Texas Umpire Association in the amount per game as
specified in the agreement for an estimated award of $68,500).
H. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of Annual Maintenance for continued vendor support of the Open
Systems International, Inc., Monarch SCADA (Supervisory Control and Data
Acquisition) System from only one source in accordance with the provision for
State Law exempting such purchases from requirements of competitive bids;
providing for the expenditure of funds therefor; and providing an effective date
(File 4645-Purchase of Annual Maintenance Services for Monarch Software
Package awarded to Open Systems International, Inc. in the amount of $96,760).
The Public Utilities Board recommends approval (5-0).
City of Denton City Council Agenda
February 1, 2011
Page 5
L Consider adoption of an ordinance approving the expenditure of funds for the
refurbishment of a Quint Aerial Fire Trick for the City of Denton Fire
Department available from only one source in accordance with the provision for
State Law exempting such purchases from requirements of competitive bids;
providing for the expenditure of funds therefore; and providing an effective date
(File 4652-Purchase of Services and Materials for Refurbishment of Aerial Fire
Trick awarded to E-One in the amount of $352,330).
J. Consider adoption of an ordinance of the City of Denton, Texas, repealing
Ordinance No. 2005-112, and thereby revoking an alternative development plan
previously approved therein, for approximately 3.2 acres of land generally located
at the southwest corner of Windriver Lane and I-35E, in the City of Denton,
Denton County, Texas; and providing for an effective date. (ADPO t-0009,
Unicorn Lake)
K. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a professional services agreement
with Burns & McDonnell for environmental permitting services and studies
incident to the development of the 10 MW CUP facility in Denton, Texas;
providing for the expenditure of funds therefor; and providing an effective date
(in an amount not to exceed $146,806; and in the aggregate amount of not-to
exceed $188,681). The Public Utilities Board recommends approval (5-0).
L. Consider approval of a resolution of the City Council of the City of Denton,
Texas, suspending the effective date for ninety days in connection with the rate
increase filing of Oncor Electric Delivery Company LLC on January 7, 2011;
finding that the meeting complies with the Open Meetings Act; making other
findings and provisions related to the subject; and declaring an effective date.
M. Consider approval of the minutes of:
December 7, 2010
December 14, 2010
January 4, 2011
January 11, 2011
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Continue consideration of adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning
district classification and use designation to a Neighborhood Residential Mixed
Use 12 (NRMU-12) zoning district classification and use designation, with an
overlay district, on 6.836 acres of land located at the northeast corner of
Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q.
Lilly Survey, Abstract No. 762, within the City of Denton, Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, severability and an effective date. (ZIO-0007, 1411 E. University Drive)
The Planning and Zoning Commission recommends approval with an overlay
district (3-2).
City of Denton City Council Agenda
February 1, 2011
Page 6
B. Consider nominations/appointments to the following boards and commissions:
1.
Community Development Advisory Board
2.
Health and Building Standards Commission
3.
Historic Landmark Commission
4.
Human Services Advisory Committee
5.
Public Art Committee
6.
Traffic Safety Commission
7.
Zoning Board of Adjustment
8.
Downtown Denton Tax Increment Financing Reinvestment Zone Board
6. PUBLIC HEARINGS
A. Hold the first of two public hearings to consider the involuntary annexation of
approximately 1,595 acres of land located within the City of Denton's
Extraterritorial (ETJ) Jurisdiction, Division 1, in accordance with Texas Local
Government Code. The proposed annexation consists of three (3) distinct areas
under multiple ownerships and are identified and generally located as follows:
1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley
Harbor Subdivision and west of Southlake Drive;
2. DH-9: 298 acres, located north of Pockris Page Road, north, south and
northeast of Edwards Road; and
3. DH-12: 1,154 acres, located south of E. University Drive, east of N.
Mayhill Road, north and south of Blagg Road, north and south of Mills
Road, east and west of S. Trinity Road.
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from a Neighborhood Residential 3
(NR-3) zoning district classification and use designation to a Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district classification and use
designation, on approximately 0.26 acres of land located on the east side of
Bonnie Brae Street and approximately 200 feet south of Emery Street; providing
for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. (ZI0-0012, Janke Addition) The Planning and
Zoning Commission recommends approval (4-0).
C. Hold a public hearing and consider adoption of an ordinance granting approval of
a sub-surface use of a portion of Quakertown Park for the purpose of a sewer line
easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code;
providing for the issuance of a sewer easement; and providing an effective date.
The Parks, Recreation and Beautification Board recommends approval (6-0).
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting
AND
City of Denton City Council Agenda
February 1, 2011
Page 7
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
C. 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 2011 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-
TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: FebruaiN- 1, 2011
DEPARTMENT: Airport
ACM: Jon Fortune
SUBJECT
Receive a report and public input, hold a discussion and give staff direction regarding the
governance of the Airport as recommended in the Denton Airport 2010 Business plan.
BACKGROUND
On November 16, 2010, the City Council approved the Denton Airport Business Plan. The
approved Airport Business Plan stresses financial self sufficiency for the Airport and specifically
states that "The City of Denton should also consider modifying its airport governance stricture
to assist with vetting financial proposals for the Airport as well as provide policy input related to
targeted marketing initiatives and development." During discussions of this document, the City
Council requested that staff provide a recommendation on airport governance options. With
these issues in mind, staff proposed the following on December 14, 2010:
Staff Recommendation:
The purpose of the staff proposal is to further enhance the value of the Airport as an economic
engine for the community and heighten the City's commitment to the Airport. This objective will
be accomplished by:
➢ Expanding the role of the Economic Development Partnership Board to review, consider,
and make recommendations to the City Council regarding airport branding, marketing,
and development incentive policies.
➢ Increasing EDPB membership by two members from seven (7) to nine (9). One of the
new members will be required to have knowledge or experience in general aviation
related matters and must reside or work within the city. The other new member will be a
citizen of the city who in the discretion of the City Council has specific knowledge,
skills, and abilities that can assist with any or all of the functions related to the EDPB.
➢ Transitioning from an Airport Advisory Board, as currently exists, to a City Council
Airport Committee. The recommended course of action will effectively eliminate the
current Airport Advisory Board stricture.
➢ Holding regularly scheduled meetings with interested stakeholders and Airport tenants to
share information and solicit ideas, comments, or concerns, relative to the Airport
operations or development. The intent of these meetings will be to increase access and
public input into matters that involve airport operations.
Agenda Information Sheet
February 1, 2011
Page 2
➢ Continuing to have the Airport Manager administer the day-to-day operations of the
Denton Airport.
The staff proposal is more completely described in the attached Agenda Information Sheet and
PowerPoint Presentation that was discussed with the City Council on December 14, 2010 (See
Exhibit 1).
Since December 14th, the Airport Advisory Board (AAB) has met on January 5th and January 19th
to discuss the governance options in more detail. In addition, on January 24th, a three member
committee of the AAB met and drafted a letter to the City Council which provided additional
options for consideration. The committee's letter is attached for review as Exhibit 2.
In addition, Council Member Engelbrecht has suggested that staff consider formalizing the
existing Airport Safety Committee. The Safety Committee is currently administered by staff, but
the membership of the committee is not formally defined and the meetings occur on an irregular
basis. While the purpose of the meetings is to discuss current operational and safety issues at the
Airport, the charge of this committee is not officially defined in a written format.
Typically, participants at the Safety Committee meetings include FBO representatives, Air
Traffic Control management, the Airport Operations Coordinator, and pilots who are active at
the Airport. In addition, FAA representatives and contractors at the Airport occasionally attend
to discuss a wide range of issues that may be relevant.
To provide assurance that Airport staff properly addresses safety concerns, Council Member
Engelbrecht proposes that the committee membership, charge, and meeting schedules be
formalized if the proposed governance stricture is changed. Staff is in agreement with this
recommendation and will draft a proposal for the City Council to consider if directed to do so.
2
Agenda Information Sheet
February 1, 2011
Page 3
RECOMMENDATION
Staff recommends that the current duties of the Airport Advisory Board be reassigned to a new
Council Airport Committee and the EDPB. As part of this approach, the ordinance establishing
the Airport Advisory Board will also be rescinded. The recommended approach is graphically
described below:
Recommended
Policy Gc)vertianee Airpc)rt Mgmt.
Current Structure Structure Structure
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS)
On November 16, 2010, the City Council approved the Denton Airport Business Plan. At this
time, the City Council also asked staff to prepare a recommendation on airport governance
options.
On December 6, 2010, City management discussed potential governance options with the Airport
Advisory Board (AAB). The AAB expressed some concerns regarding the options presented,
but they did not provide a formal recommendation to the City Council.
On December 7, 2010, City management discussed potential governance options with the
Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff
recommendation, and has recommended that the City Council approve the proposed revisions to
the membership and role of the EDPB.
On December 13, 2010, the AAB held a special called meeting to discuss their potential response
and recommendation to the City Council concerning the governance options that were presented
by staff. As a result of this discussion, the AAB developed a letter that was forwarded to the
City Council on December 14, 2010. In this communication, the AAB recommended that the
3
Agenda Information Sheet
February 1, 2011
Page 4
City Council either 1) table the item until more discussion could take place or 2) increase the size
of the Airport Advisory Board from seven (7) to nine (9) members with one additional member
coming from the Economic Development Partnership Board and one member coming from the
Chamber of Commerce.
On December 14, 2010, staff made a presentation to the City Council on the airport governance
options that were identified. The City Council elected to table the Airport governance discussion
until the February 1, 2011, meeting since only four Council members were in attendance.
On January 5, 2011, the AAB held a meeting to discuss the Airport governance options that were
presented by staff.
On January 19, 2011, the AAB held a special called meeting to discuss the Airport governance
options. The focus of this meeting was to receive input and consider the views of the Airport
tenants and stakeholders.
On January 24, 2011, a three member committee of the AAB met to consider drafting a response
to the City Council on governance options.
EXHIBITS
1. December 14, 2010, Agenda Information Sheet and PowerPoint Presentation regarding
Airport governance options.
2. January 26, 2011, Letter from Airport Advisory Board Committee regarding governance
options.
3. PowerPoint Presentation
Respectfully submitted:
Bryan Langley
Chief Financial Officer
EXHIBIT ONE
EXHIBIT ONE
AGENDA INFORMATION SHEET
AGENDA DATE: December 14, 2010
DEPARTMENT: Finance
Ael
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the Airport governance
stricture as recommended in the adopted Denton Airport 2010 Business Plan.
BACKGROUND
In 2003, the City Council approved an Airport Master Plan that established a clear vision for the
Airport. This plan became the basis for airport development and the creation of a business plan.
The Master Plan included an outcome statement that defined the Airport as follows:
➢ First class aviation center that serves as the home for corporate aircraft from the North
Texas region, as well as locally owned general aviation aircraft.
➢ Financially self-reliant.
➢ Major mid-continent refueling center.
➢ Land in vicinity of Airport is locally owned or controlled.
➢ Fully served by municipal infrastructure and utilities.
➢ Make the airport a major economic development benefit to the community.
➢ Established partnerships to include a nationally recognized aviation education institute.
➢ Public understands the value of the Airport to the Denton economy and future.
As stated above, the 2003 Master Plan recommended that the Denton Airport become financially
self-reliant and become a major economic development benefit to the community. With this
goal in mind, the Council approved a Business Plan on November 16, 2010 to help the Airport
achieve these objectives. The approved Airport Business Plan specifically states that "The City
of Denton should also consider modifying its airport governance stricture to assist with vetting
financial proposals for the Airport as well as provide policy input related to targeted marketing
initiatives and development."
Accordingly, the purpose of this work session item is to explore the governance stricture of the
Airport and provide the City Council with a recommendation on which stricture provides the
best foundation to achieve the above mentioned goals.
The current Airport Advisory Board (AAB) is comprised of seven (7) board members that have
been appointed by the City Council. The primary purpose of the board is to provide the City
Council and City Manager with advice regarding lease agreements, development policy, and
grant projects. Like other advisory boards in the City of Denton, the AAB is only advisory in
nature, and as such, final decision making authority on any issue rests with the City Council. In
Agenda Information Sheet
December 14, 2010
Page 2
addition, since the AAB only provides advice regarding the issues described above, the Airport
Manager is charged with managing all day-to-day operations at the Airport.
In evaluating potential Airport governance options, the following central question should be
addressed:
➢ Does the current AAB governance stricture best fit the goal of establishing the Airport
as an economic engine for the community? If it is determined that the current stricture
does not provide the best fit, what options are available to better meet the City's needs?
With this question in mind, the following Airport governance options have been identified by
staff for consideration.
Option A: Redefine role and membership requirements of the AAB to clarify expectations.
Under this scenario, the membership of the AAB could be altered or modified to
increase the membership and diversity of the board. In addition, the mission of
the board could be reevaluated to provide more focus on Council priorities.
Option B: Transfer airport governance to another existing board or Council Committee.
Under this scenario, the duties of the AAB could be reassigned to another
existing board or committee.
Option C: Status quo. Under this scenario, no changes to the AAB stricture would be
implemented.
Option D: Transfer branding, marketing, and development incentive activities to the
Economic Development Partnership Board (EDPB) and create a new Council
Committee to oversee all other activities for the Airport. This option is
recommended by management, and is more fully explained below.
Under the Option D scenario, the Economic Development Partnership Board (EDPB) would be
tasked with the following:
➢ Review, consider, and make recommendations to the City Council concerning Airport
branding and marketing efforts.
➢ Outline Airport development incentive policies and make recommendations to the City
Council concerning any development incentives as assigned by the City Council or
requested by the City Manager.
➢ Leverage common community goals and create a synergy between the development of
the Airport and the development of the overall community.
To accomplish the above tasks, the EDPB membership would be expanded by two members
(from 7 to 9). One of the new members will be required to have knowledge or experience in
general aviation related matters and must reside or work within the city. The other new member
Agenda Information Sheet
November 2, 2010
Page 3
will be a citizen of the city who in the discretion of the City Council has specific knowledge,
skills, and abilities that can assist with any or all of the functions related to the EDPB.
In addition, under Option D, a new City Council standing committee called the Airport
Committee would be created. The purpose of the committee would be to review, consider, and
make recommendations to the City Council regarding Airport operations as assigned by the City
Council or requested by staff. The day-to-day operations would continue to be managed by the
Airport Manager under this governance stricture.
Finally, under Option D and as recommended in the 2010 Airport Business Plan, staff would
create a standing meeting (at least quarterly) with existing stakeholders, clients, and tenants to
discuss:
➢ Safety and security issues.
➢ Airport operations.
➢ Development activities.
➢ Special events.
➢ Any questions or other issues as appropriate.
In summary, staff is recommending Option D, which proposes that the current AAB duties be
reassigned to the EDPB and a new Council Airport Committee. In our view, this new
governance stricture will enhance development opportunities in the community and at the
Airport. The benefits of this new approach include:
➢ Expanded marketing efforts and enhanced collaboration with community development
initiatives.
➢ Effective implementation of 2010 Business Plan.
➢ Enhanced stricture to provide the City Council with more direct contact on Airport
Issues.
While a number of options are presented above for consideration, staff would like to point out
that we can successfully work with any of the governance models presented.
RECOMMENDATION
Staff recommends that Option D as defined above be implemented by the City Council. Under
this scenario, the current duties of the Airport Advisory Board will be reassigned to the EDPB
and a new Council Airport Committee. As part of this approach, the ordinance establishing the
Airport Advisory Committee will also be rescinded.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS)
On December 6, 2010, City Management discussed potential governance options with the
Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options
Agenda Information Sheet
December 14, 2010
Page 4
presented, but they did not provide a formal recommendation to the City Council. The AAB
called a special meeting on December 13, 2010, to discuss their potential response and
recommendation to the City Council.
On December 7, 2010, City Management discussed potential governance options with the
Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff
recommendation, and has recommended that the City Council approve the proposed revisions to
the membership and role of the EDPB.
EXHIBITS
PowerPoint Presentation
Respectfully submitted:
Bryan Langley
Chief Financial Officer
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Airport Master P'--an wa • •
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EXHIBIT TWO
EXHIBIT TWO
MEMORANDUM
TO: DENTON CITY COUNCIL
FROM: AIRPORT ADVISORY BOARD
SUBJECT: FUTURE OF AIRPORT AND GOVERNANCE OF THE BOARD -
PART 2
DATE: 1/28/2011
CC: CITY MANAGEMENT, AIRPORT STAKEHOLDERS
CURRENT STATUS
The City Manager recently proposed a change in "governance" relating to the airport.
The Staff proposal comes following the approval of the Business Plan and is meant to
provide an opportunity to pursue the objectives outlined in the Business Plan. The Staff
recommendation provided for dissolution of the existing Airport Advisory Board and
merger of its functions to the Economic Development Partnership Board and to a new
three-member sub-committee of the Council.
The Council tabled action on the governance item until their February work session.
Since the time of the original presentation, the AAB has held a public meeting and a
committee meeting of the AAB, and hereby presents these recommendations to the City
Council.
Based on the public meetings and citizen input (Nebrig letter attached) the AAB has
determined that the following are the most important considerations in governance of the
airport:
• AIRPORT KNOWLEDGE
There was consensus from all parties on the need for specific airport knowledge
and experience on any governance structure implemented. The airport, much
like the utility is "special creature" and needs specific attention in aviation related
areas.
• ECONOMIC DEVELOPMENT
There was consensus from all parties on the need for "more aggressive"
economic development, branding and marketing.
0 BOARD MEMBERS
There was input that restricting board membership to only "people in city limits
of Denton" limited our choices and has in fact in the past deprived the board of
valuable citizen involvement.
• TENANT RETENTION
There was input that economic development be thought of for existing tenants
as well as attracting new folks.
• ENTERPRISE BOARD
There was input and discussion that this was an excellent opportunity to create a
real Enterprise Board charged with maintaining the airport's self sufficiency into
the future.
Accordingly, the AAB recommends that the city take even more time to study this
matter due to its importance and the significance that any change could have on the airport
and the city. V%hile the AAB believes we have now considered all voices, it could be that
there are other ideas that might be important to consider before enacting so sweeping a
change (like research into how other airports manage themselves, regional cooperation
opportunities or to get input on what the Council or Chamber is thinking.)
In the alternative, if a decision were to be made today, based on all available information
the AAB believes the following "governance option" is best suited for the Denton Airport
and the city of Denton:
CREATION OF NEWDENTON AIPORT ENTERPISE BOARD
The Council could create and transition to a new Denton Airport Enterprise Board (the
"DAEB"). This new board would still be an advisory board but would function much like
the Public Utility Board (PUB.) All airport business would go through the DAEB and it
would always seek financial self-sufficiency. There should still be some discussion as to how
much authority to give this board but we are recommending a format similar to the PUB.
As a new board all its members would have to be appointed. Existing members of the AAB
would be eligible for appointment, but that would be up to the Council. All term limits
would begin upon appointment to the new DAEB.
SIZE OF BOARD: Board size could be increased from 7 to 9 with an additional member
each from the Economic Development Partnership Board and the Chamber of Commerce.
As an Enterprise Board it may also make sense to have a Council member "ex officio" to
improve the lines of communication.
BOARD MEMBERS: Board members would be nominated by the council under the same
terms as the existing AAB (Terms similar in length to the PUB, one appointment per
Council member) but we recommend a variance the appropriate city ordinance to allow no
more than 2 of the seven qualified members from outside the city limits. (Initial
appointments should be staggered so as to avoid all member terms ending at the same time.
For example 2, two rear, 2 three rear and 3 four rear terms.) If the decision is to have 9
members their initial appointments should be staggered also. The two additional members
would be chosen by the Chamber and EDPB, approved by Council.
MISSION: Board will be directed to continue the existing advisory functions of the prior
AAB and additionally seek to further the airports mission as stated in the Business Plan
which "is to serve as an engine for economic development in the Denton area, providing
operation safety-; outstanding service; and absolute security for private pilots and the aviation
industry". Board would also be directed to further the self-sufficiency of the airport so as
never again to require general funds.
The new DAEB could form subcommittees to provide ideas to the City on such areas as
economic development, marketing and branding, capital improvements, security, pollution
control (air, noise, refuse), airport operations, tenant retention and relations, the Airshow,
regional involvement and other important issues.
It is ow- assumption that the City's economic development efforts, iii their current role, should
already be actively involved ill the Airport, the proposed airport board would work in conjunction
with them or anv other department or advisory board of the city, as opportunities arise.
SU:NI:NLNRY
The AAB believes the Staff recommendation to give all these airport related responsibilities
to staff only significantly underestimates the character and nature of the airport and the
amount of time necessary to govern such an important part of our city infrastructure.
Further, after providing for public discussion and comments, the AAB does not believe the
Staff recommendation will fully achieve all the goals of the airport as outlined by the citizens,
your advisory board, and the Business Plan. Accordingly, we respectfully request that the
Council not adopt the Staff recommendation. The AAB also respectfully requests that you
either (i) form a special committee to study the matter further or (ii) adopt a Denton Airport
Enterprise Board similar in theory to that discussed above.
PROS
- Builds on existing 40 year AAB history and knowledge
- Builds on aviator backgrounds and knowledge of several board members
- AAB support (past & present)
- Provides a way to enhance economic development and marketing
- Shows actual city support for Airport and does not combine with other
Boards/Priorities
- Support of majority of airport tenants
- Helps insure FAA "revenue compliance" (Title 49 U.S. Code 47107(b), 47133)
- Helps insure "Enterprise operation" GASB 34 compliance
- Addition of community board members helps further branding and economic
development
- New board would pursue ways for economic self sufficiency for 10-20 year window
- Would not place addition burdens and responsibilities on EDP Board or Council
- Expanding board membership will allow for more opportunities
MISSION AND ACCOMPLISHMENTS OF CURRENT STRUCTURE
Chapt. 3, article I, section 2c. The board shall serve in an advisory capacity and shall advise
the city council on all matters concerning or pertaining to the Denton Municipal Airport,
and shall submit a budget recommendation to the city manager for the airport for his
consideration in preparing the total city budget. (Code 1966, j 1-21()); Ord. No. 97 299, j I, 10-
7-97)
The AAB, acting under the ordinance quoted above, rejoices in pointing out that in the last
40 years we have helped guide development and provide the following benefits to the City of
Denton via the airport. We hope that with an Enterprise Board and additional assistance
from the Economic Development Partnership Board we can do even better.
The board as now constructed, working closely with city staff and council, has done
nothing less than a spectacular job of developing the airport from a small airport
with a 4000 foot runway and 6 buildings to one of 60 buildings plus tower and
terminal building with a 7000 foot runway and an added parallel taxiway plus a tower
and radar. We made creative use of resources and some economic incentives to do
this Nvith no subsidies, no tax abatements, and no give-aways.
2. We've gone from a total dependence on the City's General Fund to collecting more
money in fiscal 2009 from ground leases and fuel taxes than the city's expenditure.
We are in the process, within 3 nears, of adding a second (parallel) runway 3000 ft.
long, on the Nvest side of the main runway.
4. We Nvere designated Reliever Airport of the Year in Texas for 2009 by the Aviation
Department of TXDOT.
5. We have added miles of paved taxiNvays.
6. More than quadrupled the paved ramp space.
7. Added perimeter fencing to increase security, not just from human intruders, but
also from coyotes, stray dogs, deer, and other wild creatures in the area.
Attracted substantial business to DTO, the top three of which do more than 100
million dollars worth of business per year to the airport, with off-airport businesses
that add millions more to the economic benefit of Denton.
Grown from selling a few thousand gallons of fuel per year to more than a million
gallons a year.
10. Increased the work force on DTO from fewer than 10 to more than 400, with a total
payroll of more than $14 million per year.
4
11. Increased the direct economic benefit to Denton from a few thousand dollars per
year to more than 100 million dollars per year. If you consider the multiplier effect
of business in Denton, the numbers get significantly larger.
12. Attracted businesses that located here because we have a good airport. Sa11v Beauty,
United Copper, and Hulcher Emergency Services, Inc. are examples.
13. Attracted service businesses to DTO that do aircraft repair, major jet inspections,
airframe repair, aircraft interiors and painting, avionics installation and repair, and
other goods and services that make DTO a desirable place to own and base an
airplane. We hare:
2 helicopter flight schools, 1 fixed N ing flight school
4 or 5 maintenance shops
Verb- high-end paint shop
Operations of 13-14,000 per month; more than 160,000/year.
2 avionics shops
One maintenance and avionics shop that is open 18 hours/day and on
weekends.
Thank you for your time and for the opportunity to provide this advice.
January 24, 2011
T : Denton City Council Members
Airport Advisory Board Members
Quentin Hix
Mark Nelson
FROM: Mike Nebrig
SUBJECT: Denton Airport Advisory Board
Nebrig
Associates, Inc.
'1801 joh,
L>t 7aon'
I am writing to express my concern regarding the proposed changes to the Denton
Airport Advisory Board. I attended a presentation by City Staff on Wednesday,
January 19t1-,, 2011, and while I agree with some points of the proposal, I remain
unconvinced as to the necessity of others.
I do agree that the Airport needs to be marketed and branded to its maximum potential,
and if partnering with the Economic Development Partnership Board does this, then I
support a change.
I am less convinced as to the necessity to change from an Airport Advisory Board to a
City Council Airport Committee for governance. The presentation by City staff on
January 19th simply did not prove a compelling reason for a change.
Nebrig & Associates has a vested interest in seeing continued success at our Airport.
Since relocating to the Airport in 1997, we have constructed, and currently own and
manage over 80,000 square feet of hangar and office area, comprised of thirty-six (36)
individual t-hangars, and six (6) individual corporate hangars. In addition, we own and
manage one of the three fuel farm facilities located on the Airport.
EXHIBIT THREE
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AGENDA INFORMATION SHEET
AGENDA DATE: February 1, 2011
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 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: March 27, April 17, May 22, August 28, September 25, and October 23, 2011. 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
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.
There were no complaints received from neighbors during the four previous house concerts.
RECOMMENDATION
Staff recommends approving the noise exception requests. There have been four House Concert
performances at this address and there were no complaints from neighbors.
EXHIBITS
1. Letter of Request
Respectfully submitted:
m- .
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
Janie McLeod January 4, 2011
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".
Dates:
Sunday, March 27'"
Sunday, April 17"
Sunday, May 22 Rd
Sunday, August 28"
Sunday, September 25"
Sunday, October 23'
Time:
Between the Daylight Saving's hours of 5:00 p.m, and 8.00 p.m.
Location:
In the backyard of the residence at 616 Woodland Street Denton, TX 76209.
Venue parking to be located alongside the grass field at Woodland and Frame Streets,
behind the non operational Texas Woman's University Development Center.
Activities 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 their 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 neighbors and friends. House Concerts
are not public events, they are be 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. This 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 in order to be heard over the traffic on 380. When the
same test was performed from Woodland Street (154 ft from the `stage'), the decibel
reading was 60 dB without music and only 63 dB with musiclvocals. A sound test was
also performed from three streets surrounding Woodland Sheet 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 "Bast 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". - Wikipedia
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
offer a more personalized experience to the listeners who would otherwise not attend the
smoky bar and night scene readily available across town. Last years concerts brought in
most all of our Woodland Street neighbors as well as neighbors from several streets
away. It proved to be a great venue for neighbors to meet and networking to take place.
With a Denton artist as the opening act for each month's conceit we are helping introduce
our local talent to an audience who might not otherwise be familiar with them. The artist
is also 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 o me and consideration,
C2andra'Fuhrman
616 Woodland Stree
Denton, Texas 76209
Ph: 972-522-7180
Email: efuhrmann@hotmail.com
_ Exception to Noise Ordinance Signature Sheet_
Re: 616 Woodland Street Backyard House Concerts
Dates: On the 4th Sunday of Mar, Ayr May, Aug, ScVt. Oct Times: Bet%veell the Boil-s of 5:00 p.m. and 8,0() p.jit
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AGENDA INFORMATION SHEET
AGENDA DATE: February 1, 2011
DEPARTMENT: Finance
all-
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance amending ordinance No. 2003-258 relating to the Economic
Development Partnership Board ("The Board") to add to the membership of the Board and to
expand the duties of the Board to include branding and marketing for the Denton Municipal
Airport in support of the Denton Airport 2010 Business Plan and to further include duties related
to Airport economic development incentives; repealing all conflicting ordinances and portions
thereof, and providing an effective date.
BACKGROUND
This item is closely related to an accompanying work session item that is also included on the
February 1, 2011, City Council agenda. As detailed in the work session item, staff is proposing
that the current duties of the Airport Advisory Board be reassigned to a new City Council
Airport Committee and the Economic Development Partnership Board (EDPB). The purpose of
this item is to provide the necessary ordinance to revise the membership and role of the EDPB
and to rescind the ordinance that established the Airport Advisory Board.
As described in the attached ordinance, the membership of the EDPB is proposed to increase by
two members (from 7 to 9). One of the new members will be required to have knowledge or
experience in general aviation related matters and must reside or work within the city. The other
new member will be a citizen of the city who in the discretion of the City Council has specific
knowledge, skills, and abilities that can assist with any or all of the functions related to the
EDPB. In addition, the EDPB will be tasked with the following:
➢ Review, consider, and make recommendations to the City Council concerning Airport
branding and marketing efforts.
➢ Outline Airport development incentive policies and make recommendations to the City
Council concerning any development incentives as assigned by the City Council or
requested by the City Manager.
➢ Leverage common community goals and create a synergy between the development of
the Airport and the development of the overall community.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS)
On December 6, 2010, City Management discussed potential governance options with the
Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options
presented, but they did not provide a formal recommendation to the City Council.
Agenda Information Sheet
February 1, 2011
Page 2
On December 7, 2010, City Management discussed potential governance options with the
Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff
recommendation, and has recommended that the City Council approve the proposed revisions to
the membership and role of the EDPB.
On December 13, 2010, the AAB held a special called meeting to discuss their potential
response and recommendation to the City Council concerning the governance options that were
presented by staff. As a result of this discussion, the AAB developed a letter that was forwarded
to the City Council on December 14, 2010. In this communication, the AAB recommended that
the City Council either: (1) table the item until more discussion could take place or (2) increase
the size of the Airport Advisory Board from seven to nine members with one additional member
coming from the Economic Development Partnership Board and one member coming from the
Chamber of Commerce.
On December 14, 2010, staff made a presentation to the City Council on the Airport governance
options that were identified. The City Council elected to table the Airport governance
discussion until the February 1, 2011 meeting since only four Council members were in
attendance.
On January 5, 2011, the AAB held a meeting to discuss the Airport governance options that
were presented by staff.
On January 19, 2011, the AAB held a special called meeting to discuss the Airport governance
options. The focus of this meeting was to receive input and consider the views of the Airport
tenants and shareholders.
On January 24, 2011, a three member committee of the AAB met to consider drafting a response
to the City Council on governance issues.
Respectfully submitted:
Bryan Langley
Chief Financial Officer
sAlegal\our documents\ordinances\10\edp amended ord.doex
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2003-258 RELATING TO THE
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD ("THE BOARD") TO ADD TO THE
MEMBERSHIP OF THE BOARD AND TO EXPAND THE DUTIES OF THE BOARD TO
INCLUDE BRANDING AND MARKETING FOR THE DENTON MUNICIPAL AIRPORT IN
SUPPORT OF THE DENTON AIRPORT 2010 BUSINESS PLAN AND TO FURTHER
INCLUDE DUTIES RELATED TO AIRPORT ECONOMIC DEVELOPMENT INCENTIVES;
REPEALING ALL CONFLICTING ORDINANCES AND PORTIONS THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to modify the Economic Development Partnership Board to encompass certain
responsibilities concerning the City of Denton Municipal Airport; and
WHEREAS, the City of Denton commissioned an Airport Business Plan study which was
approved by the Denton City Council on November 16, 2010, which Plan recommended the
modification of the Denton Airport governance structure to assist with vetting financial proposals
for the Airport, as well as providing policy input related to targeted marketing initiatives and
development; and
WHEREAS, the Economic Development Partnership Board has a proven track record of
effectiveness in the City of Denton with regard to reviewing and making recommendations to the
City Council concerning economic development within the community; and
WHEREAS, the Economic Development Partnership Board has proven particularly adept
in the recruitment of business and development in the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article IX. Sec. 2-251 of Ordinance No. 2003-258 is hereby amended as
follows:
ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Sec. 2-251. Creation, Members, Qualifications, and Tenure.
A. There is hereby created a City of Denton board entitled the Denton Economic
Development Partnership Board (the "Board"). The Board shall consist of nine members. The
seven board members currently serving shall serve as originally appointed. The member, as
described in Sec. 2-251 C.(5) below, shall be appointed to serve until the City Council shall
make its 2012 board appointments. The member, as described in Sec. 2-251 C.(6) below, shall
be appointed to serve until the City Council shall make its 2011 board appointments. Thereafter,
five members shall be appointed for a two-year term in the even numbered years and four
members shall be appointed for a two-year term in the odd numbered years. No member shall
sAlegal\our documents\ordmances\10\edp amended ord.docx
serve more than three consecutive terms except for the President of the University of North
Texas ("UNT"), or his designee, who may serve unlimited terms.
B. The Board members shall be appointed by the City Council and shall serve at the
City Council's pleasure. To aid the City Council in making appointments to the Board, the City
Council will appoint two City Council members and one Chamber of Commerce ("Chamber")
member to act as a nominating committee (the "Committee"). The Committee members are
qualified for appointment to the Board. The City Manager and President of the Chamber will
serve as ad hoc non-voting members of the Committee. The Committee will solicit nominations,
contact nominees to relate duties and responsibilities and to confirm willingness to serve. The
Board will solicit recommendations from the Chamber Board of Directors and the President of
UNT. After evaluating the recommended nominees the Committee will present to the City
Council a slate of Board nominees for City Council approval.
C. Notwithstanding anything contained herein to the contrary the membership make-
up of the Board shall consist of the following
1. Two members of the Board shall be City Council members at the time of
their appointment to their original term. They may serve out all three
terms, even if they are no longer members of the City Council after the
original appointment as long as they continuously serve throughout the
three terms. They must be residents of the City of Denton.
2. Two members of the Board shall be members of the Chamber Board of
Directors ("Chamber Board") at the time of their appointment to their
original term. They may serve out all three terms, even if they are no
longer members of the Chamber Board after the original appointment as
long as they continuously serve throughout the three terms. They must
reside or work in the City of Denton. The Chamber Board will
recommend the two nominees for consideration by the Committee and
approval by the City Council.
3. Two members will be, or be employed by, a top twenty City of Denton ad
valorem or sales tax payer. Such members must reside or work in the City
of Denton.
4. One member will be the President of UNT or a UNT faculty or staff
member designated by the President. Such member need not reside in the
City of Denton and is not restricted to the three term limits. However, such
member must be appointed by the City Council for each term.
5. One member will have knowledge or experience in general aviation-
related matters and shall have no financial interest in matters at the Denton
Municipal Airport. This member must reside or work in the City of
Denton.
Page 2
sAlegal\our documents\ordinances\10\edp amended ord.docx
6. One member will be a citizen of the City of Denton who, in the discretion
of the City Council, has specific knowledge skills and abilities to assist in
all or any one of the functions and responsibilities of the Economic
Development Partnership Board.
SECTION 2. Sec. 2-254 is amended to add a section F. as follows:
Sec. 2-254. Duties and Responsibilities of the Board.
F. The Board will review, consider and make recommendations to the Denton City
Council regarding Airport Branding and Marketing to support the implementation of the Denton
Airport 2010 Business Plan. The Board will review, consider and make recommendations to the
Denton City Council regarding Denton Municipal Airport incentive polices, as assigned by the
City Council or requested by the City Manager, and will act as a recommending body to the City
Council for specific airport economic development incentives, as assigned by the City Council or
requested by the City Manager and permitted by City and State law.
SECTION 3. This Ordinance amends Ordinance No. 2003-258 and supercedes and
repeals any provision of that ordinance, or any other, in conflict herewith; further this ordinance
repeals Ordinance No. 97-299 and Ch. 3, Section 3-2 of the City of Denton Code of Ordinances.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY
Page 3
AGENDA INFORMATION SHEET
AGENDA DATE: February 1, 2011
DEPARTMENT: Finance
Ael
ACM: Jon Fortune
SUBJECT
Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing
committee of the City Council of the City of Denton, Texas to be known as the City Council
Airport Committee to advise and assist the City Council regarding City of Denton Municipal
Airport Matters; alternatively assigning such duties to an existing City Council committee; and
providing for an effective date.
BACKGROUND
This item is closely related to an accompanying work session item that is also included on the
February 1, 2011, City Council agenda. As detailed in the work session item, staff is proposing
that the current duties of the Airport Advisory Board be reassigned to a new City Council
Airport committee and the Economic Development Partnership Board (EDPB). The purpose of
this item is to provide the necessary resolution to create the Airport committee that is
recommended.
As described in the attached resolution, a new City Council standing committee called the
Airport Committee is proposed. The committee is proposed to consist of three (3) City Council
members that will be appointed by the Mayor and City Council. The purpose of the committee
will be to provide recommendations to the City Council on matters affecting Airport operations
as assigned by the City Council or requested by staff. The day-to-day operations will continue
to be managed by the Airport Manager under this governance stricture.
If the City Council elects to assign the above described duties to an existing Council committee
in lieu of creating a new Airport committee, the agenda item caption will allow this change to be
considered. The attached ordinance, however, has been written to establish the Airport
committee as discussed above.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS)
On December 6, 2010, City management discussed potential governance options with the
Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options
presented, but they did not provide a formal recommendation to the City Council.
On December 7, 2010, City management discussed potential governance options with the
Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff
Agenda Information Sheet
February 1, 2011
Page 2
recommendation, and has recommended that the City Council approve the proposed revisions to
the membership and role of the EDPB.
On December 13, 2010, the AAB held a special called meeting to discuss their potential
response and recommendation to the City Council concerning the governance options that were
presented by staff. As a result of this discussion, the AAB developed a letter that was forwarded
to the City Council on December 14, 2010. In this communication, the AAB recommended that
the City Council either: (1) table the item until more discussion could take place or (2) increase
the size of the Airport Advisory Board from seven to nine members with one additional member
coming from the Economic Development Partnership Board and one member coming from the
Chamber of Commerce.
On December 14, 2010, staff made a presentation to the City Council on the Airport governance
options that were identified. The City Council elected to table the Airport governance
discussion until the February 1, 2011 meeting since only four Council members were in
attendance.
On January 5, 2011, the AAB held a meeting to discuss the Airport governance options that
were presented by staff.
On January 19, 2011, the AAB held a special called meeting to discuss the Airport governance
options. The focus of this meeting was to receive input and consider the views of the Airport
tenants and shareholders.
On January 24, 2011, a three member committee of the AAB met to consider drafting a response
to the City Council on governance issues.
Respectfully submitted:
Bryan Langley
Chief Financial Officer
sAlegal\our documents\resolutions\11\committees reso 02151 Ldoc
RESOLUTION NO. R2011-
A RESOLUTION AMENDING RESOLUTION NO. R2009-015 TO ESTABLISH A
STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
TO BE KNOWN AS THE CITY COUNCIL AIRPORT COMMITTEE TO ADVISE AND
ASSIST THE CITY COUNCIL REGARDING CITY OF DENTON MUNICIPAL AIRPORT
MATTERS; ALTERNATIVELY, ASSIGNING SUCH DUTIES TO AN EXISTING CITY
COUNCIL COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton deems it to be in the best interest of the City to create a
standing committee of the Denton City Council on matters affecting the City of Denton
Municipal Airport; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That Resolution No. R2009-015 is hereby amended to add Title VIII, as
follows:
TITLE VIII. THE CITY COUNCIL AIRPORT COMMITTEE
A. The City Council hereby establishes a standing committee to be called the
City Council Airport Committee. The Committee shall be composed of
three (3) members of the City Council to be appointed by the Mayor and
approved by the City Council. The City Manager, or his or her designee,
will provide guidance and assistance to the Committee and be responsible
for insuring that records are maintained in accordance with the
requirements of the City Secretary's Office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to review, consider and
make recommendations to the City Council on matters affecting airport
operations as assigned by the City Council or requested by the City
Manager, or his or her designee.
SECTION 2. Title VIII. of Resolution No. R2009-015 is renumbered to Title IX.
SECTION 3. All provisions of Resolution No. R2009-015 in conflict herewith are
superceded and repealed.
sAlegal\our documents\resolutions\l l\committees reso 02151 Ldoc
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE: February 1, 2011 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Vance Kemler 349-8044
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding an annual contract
for Front Load Refuse Containers and Replacement Lids for the City of Denton Solid Waste
Department; providing for the expenditure of funds therefor; and providing an effective date (Bid
4598-Annual Contract for Front Load Refuse Containers awarded to the lowest responsible
bidder meeting specification, Roll-Offs USA, Inc., in the annual estimated amount of $140,000).
The Public Utilities Board recommends approval (5-0).
BID INFORMATION
The Solid Waste Department purchases commercial containers as needed in order to service the
existing and future commercial and industrial business operations planned within the service
area. Current commercial container inventories are low, and additional containers are needed in
order for the Solid Waste Department to provide service to future commercial customers.
The additional commercial containers are needed for smaller type developments. Several larger
commercial projects which are planned for completion within the next few months include:
• Fry Street Development ( Multi-Story Residential and Retail Development)
• Medical Business Development ( Office & Medical )
• Continued Expansion of Rayzor Ranch ( Retail )
• Proposed Target Distribution Center ( Industrial )
As commercial business growth within the community occurs, the Solid Waste Department
provides refuse services to the new businesses.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board recommended approval of this item at its January 24, 2011 meeting.
RECOMMENDATION
Award to lowest responsible bidder meeting specification, Roll-Offs USA, Inc. in the annual
estimated amount of $140,000.
Agenda Information Sheet
February 1, 2011
Page 2
PRINCIPAL PLACE OF BUSINESS
Roll-Offs USA, Inc.
Durant, OK
ESTIMATED SCHEDULE OF PROJECT
This is an annual contract with the option to renew for four (4) additional one-year periods
contingent upon all prices, terms, and conditions remaining the same.
FISCAL INFORMATION
The containers will be funded from either Bond Funds or Solid Waste Commercial accounts
depending on the project they will be used for. Requisitions will be entered on an as needed
basis.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
1
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1 AIS-Bid 4598
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7°
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR FRONT LOAD REFUSE CONTAINERS AND REPLACEMENT LIDS FOR
THE CITY OF DENTON SOLID WASTE DEPARTMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
4598-ANNUAL CONTRACT FOR FRONT LOAD REFUSE CONTAINERS AWARDED TO
THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, ROLL-OFFS USA, INC.,
IN THE ANNUAL ESTIMATED AMOUNT OF $140,000).
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
4598 1-2 Roll-Offs USA, Inc. 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 12011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3-ORD-BID 498
EXHIBIT A
BID # 4598
Date: 11/11/2010
Annual Contract for Front Load Refuse Containers
EST.
ITEM ANNUAL DESCRIPTION
QTY.
Principle Place of Business:
VENDOR
Roll-Offs USA, Inc.
Durant, OIL
1. FRONT LOAD CONTAINERS
A
20
3 CUBIC YARD
$456.00
B
50
4 CUBIC YARD
$499.00
C
6 CUBIC YARD SLANT TOP:
$631.00
1
20
SAFETY BLUE RECYCLE CONTAINER
$631.00
2
40
GREEN CONTAINER
$631.00
D
30
6 CUBIC YARD LOW PROFILE
$654.00
E
30
6 CUBIC YARD HIGH PROFILE
$663.00
F
8 CUBIC YARD SLANT TOP:
1
20
SAFETY BLUE RECYCLE CONTAINER
$739.00
2
12
GREEN CONTAINER
$739.00
G
50
8 CUBIC YARD LOW PROFILE
$759.00
H
13
8 CUBIC YARD HIGH PROFILE
$759.00
2. OPTIONAL EQUIPMENT
A
ADD FOR EXTRA LIDS (To be ordered as needed for replacement)
1
N/A
FRONT LOAD 3 CU/YD
$24.00
2
N/A
FRONT LOAD 4 CU/YD
$24.00
3
N/A
FRONT LOAD 6 CU/YD
$28.00
4
N/A
FRONT LOAD 8 CU/YD
$28.00
Shipment can be made within days from receipt of order.
5 Days
Bidder can guarantee minimal delivery quantities to meet individual customer needs
within
YES
Bidders is an authorized distributor by the manufacturer, and is authorized to sell to the
Cih- of Denton? YES or NO or N/A
N/A
*Prices shall be bid F.O.B. Denton
**Incase of calculation error, unit pricing shall prevail.
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
DRAFT MINUTES
PUBLIC UTILITIES BOARD
January 24, 2011
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, January 24, 2011 at 9:04 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 (departed at 10:45), Bill Grubbs, Phil
Gallivan, and Barbara Russell
Ex Officio Member:
George Campbell, City Manager
Howard Martin, ACM Utilities
Absent: John Baines excused, Randy Robinson
ITEMS FOR INDIVIDUAL CONSIDERATION:
3) Consider a recommendation of approval to award the purchase of front load refuse containers
and replacement lids and bottoms to Roll-Offs USA, Inc, totaling $140,000.
Item 43 was pulled by Board Member Russell. Russell asked how long it takes to get these roll
offs. Also since some of the places that we are looking to supply are not on board at this time is
this something that we could delay for a period of time. Vance Kemler, General Manager, Solid
Waste, stated that this is an annual contract for these containers. This is an estimated amount on
money that will be spent over the next 12 months. This is not a purchase of 280 plus containers
this is only a purchase as needed. Staff establishes what the rates are and this particular vendor
stated that they can provide the containers in 5 days, this works well with our projects. This
reduces our need to spend money on the front end when we don't know what the needs are.
When projects don't finish and CO's are not issued that are originally scheduled, then solid
waste doesn't have money invested in containers that are just setting on the yard. That is the
advantage of having an annual contract.
Board Member Russell moved to approve item 3 with a second from Board Member
Cheek. The motion was approved by a 5-0 vote.
Adjournment was at 11:04 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: February 1, 2011 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Karen Smith 349-7100
A~T
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids by way of an Interlocal
Agreement with the City of Fort Worth, Texas and awarding a contract for Commercial Credit
Card Services; repealing Ordinance 2003-247; authorizing the City Manager or his designee to
make expenditures as set forth in the Participation Agreement attached hereto as Exhibit A; and
providing an effective date (File 4649-Interlocal Agreement for Commercial Credit Card
Services with the City of Fort Worth, Texas contract awarded to JPMorgan Chase Bank, N.A.).
BACKGROUND INFORMATION
The procurement card (p-card) is very similar to a regular credit card, but with numerous
controls. It is issued to selected employees for the purpose of making small dollar purchases.
Depending on the individual user, p-cards have various controls which are set up at the time the
card is issued. Following the department director's approval, limits are placed on the card,
which include dollar amount, total expenditures per month, vendor/supplier (commodities), and
no cash access, etc. The current standard limits are $1,000 per single transaction and $3,000
monthly. P-cards have helped improve productivity for employees out in the field and eliminate
the need for petty cash and requisitions, purchase orders, and individual vendor checks for small
ticket items.
Along with the controls set up for the p-card itself, the City of Denton program operates under a
well-defined review and audit procedure. It helps control the process while at the same time
allowing individual users flexibility. The City of Denton's p-card program has been in place
since September 1999. Typical p-card purchases include small tools, hardware, auto parts, office
supplies, safety supplies, printing services and computer software. The City currently has 380
cards issued and averages about $188,000 total per month in purchases ($2.3 million annually).
By using p-cards in this manner, staff has avoided more costly and time consuming procurement
options, and as a result, the efficiency and effectiveness of the organization has been improved.
This ordinance allows the City of Denton to continue to use JPMorgan Chase Bank, N.A.
(JPMC) for p-card services. The current contract through the State, as awarded by Ordinance
2003-247, is scheduled to expire February 28, 2011. Staff has evaluated both the new State
contract with Citi Bank and the JMPC contract available through an interlocal agreement with
the City of Fort Worth (Exhibit 1).
Agenda Information Sheet
February 1, 2011
Page 2
BACKGROUND INFORMATION (CONTINUED)
The new contract with JPMC guarantees the City an annual rebate percentage of 1.59% for the
first year, and the opportunity to increase the rebate percentage, up to 1.72%, for each day the
invoice is paid early. After the first year, the minimum rebate will be based upon consortium
volume. Under the current contract with JPMC, the rebate is 1.24%. The City's rebate refund
was $28,242 in 2010, $22,661 in 2009, and $22,071 in 2008. At the minimum guaranteed
percentage rebate of 1.59%, the estimated rebate for 2011 is $36,570. This figure is based upon
an estimated $2.3 million in annual spending.
While the State contract with Citi Bank offers a competitive annual rebate percentage (1.62% to
1.74%, depending on total annual spend), staff has estimated the cost of converting the City's
procurement card program at approximately $29,000. This conversion cost is due primarily to
the issuance of new cards, training and administrative effort. As a result of these costs,
converting to the Citi Bank p-card would be less cost effective than the JPMC contract.
Therefore, staff recommends that the City of Denton utilize the JPMC commercial card services
contract.
The City of Denton has been with JPMC for several years and has experienced high quality
service during the contract term. Entering into a new contract with JPMC, through the interlocal
with the City of Fort Worth, allows the City to save in the conversion to a new bank and offers
additional rebate opportunities, which are competitive with the State contract.
RECOMMENDATION
Staff recommends adoption of an ordinance accepting competitive bids by way of an Interlocal
Agreement with the City of Fort Worth, Texas and awarding a contract for commercial credit
card services to JPMorgan Chase Bank, N.A.
PRINCIPAL PLACE OF BUSINESS
JPMorgan Chase Bank, N.A.
Commercial Card Contracts
Chicago, IL
ESTIMATED SCHEDULE OF PROJECT
The City currently uses JPMorgan Chase, and cardholders will continue to use their current
cards. The JPMorgan Chase contract with the City of Fort Worth expires August 31, 2011, with
an option to renew for one additional year through August 31, 2012.
Agenda Information Sheet
February 1, 2011
Page 3
FISCAL INFORMATION
Individual purchases will be charged to the appropriate budget line items on a monthly basis. The
rebate is applied to the Materials Management budget to offset operating expenses.
EXHIBITS
Exhibit 1: City of Fort Worth Commercial Card Agreement with renewals - Contract 35775
Exhibit 2: Ordinance
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
Prepared by:
Karen Smith,
Senior Buyer, Purchasing
I AIS-File 4649
CITY SECRETARY
Exhibit 1 CONTRACT
COMML CiA,L CARD AGREEMENT
1-his Commercial Card Agreement (the "Agreement") is entered into as of _ 200
between City of Fort Worth, a Home-Rule Municipal Corporation, situated in . au-zallt, lluikcr, and Wise,
Counties, Texas (the "Client"), and 3PMorgan Chase Bank,. N.A. (the "Bank„) a natioriJ banking association.
Commencing on the date of this Agreement, the Bank and the Client hereby agree that thc: Pan;, will provide the
Commercial Card Program, as hereinafter defined, and the Client may participate i the Program subject to the
terms and conditions of this Agreement.
1. Definitiow. Terms defined in the singular shall include the plural and vise versa, as the context requires.
"Access Code" means the user identification code and password assigned to individuals authorized by the
Client, for use in connection with the Program or the System.
"Account" mcarns the Visa or M,-is[c.-Card account: number assigned to a CarkhoIdcr and/or the Client, the
related account, and any Card beariag Such account number.
"Account Credit Limit" means the upper limit for an extension of credit for an Account specified by the Client
from time to time and accepted by the Babb..
"Age ee w nt" means this Commercial Card Agreement as it may be amended from time to time.
"Association" means either MasterCard or Visa.
"Authorized User" means individuals authorized by the Client to access and use the Program and System.
"Busiress Day" means a day on which both the Bank and the Federal Reserve Banks are open for business..
"Card" means a Visa or MasterCard card that is issued by the Bank with respect to an Account.
"Card Request" means a written or electronic transmittal from the !Client, requesting the Bank to issue a
Card(s) or establish an Account(s).
"CarLlhvldcn-" means (i) an individual i whose name a Card is issued, and (ii) any other employee, officer,
director, or person authorized by the Client or named Cardholder to use a Card or Account.
"Cardholder Agreement" means an agreement between the lank and a Cardholder, as .mended from time to
time, governing use of an Account.
"Cash Transaction Module" ("CTlM") means a System tool used in connection with the processing,
management, and approval of cash transactions.
"Convenience Checks" means a check written against an Account.
"Contr°act Documents" means this Agreement in conjunction with. City of Fort Worth RFP No. 07-0068,
Addendum -41 thereto, and Bank's Proposal submitted in response to RFP No. 07-0068. FP No. 47-0068,
Addendum 41 thereto, and Bank's Proposal are each incorporated herein by this reference.
"Client Account" means the account of the Client into which the outstanding balances of all Accounts are
aggregated and for which the G it tnt is liable.
"Client Vendor" means a travel agent, trave=l agency or any other vendor of Client authorized by the Client to
charge Transactions to an Account.
JPIe organ Chase Bank, N.A. Page 1 of 16
"Corporate Liability" means the Client is liable for all Transactions on an Account and such tiabil"y shall be
as agreed to by the parties and reflected on the Bank's records and subject to this Agreement.
"Credit Limit" means the upper limit established for an extension of credit that the Bank may authorize in
connection with this Program under this Agreement.
"Credit Losses" means all amounts, including any related collection coasts, due to the Bank in connection with
any Account that the Bank has written off as uncollectible, excluding fraud Losses.
"Cycle" nic~ins the mouthlG period ending on the same day each month, or, if that day is not a Business Day,
then the following Busiiies, Day or preceding Business Day, as systems may require or such other p er t d as the
Bank may specify.
"Fraud tosses" means all amounts due to the Bank in connection with any Account that the Bank has Witten
off as uncol1 ctible as a result of an Account being lost, stolen, rnisapprotpriated, improperly used or
compromised.
"International Transaction" means any Transaction that is made in a currency other than U.S. dollars or is
made in U.S. dollars outside of the United States of America.
"MCC" means a Merchant Category Code as designated. by Visa or MasterCard.
"Losses" means all Credit Losses and Fraud Losses..
"Marks" means the name, trade name, and all registered or unregistered service marks of the Client, the
Association and the Bank.
"MasterCard" means MasterCard International, Inc.
"Program" means the commercial card system composed of Accounts, Card-use controls, and reports to
facilitate purchases of and payments for, business goods and services, established in connection with the
Contract Documents.
"Program A.rlrr. nm s rntor" rnearis an individual authorized by the Client to perform carious administrative and
security functions in connection ~ ith the Program and System.
"System" means the conduit through which the Client can access Account and Transaction data and reports.
"Transaction" means a purchase, a cash advance, use of a convenience check, fees, charges or any other
activity that results in a debit to an Account.
"Visa" means Visa U.S.A., Inc.
2. Obltgcatiom of tN Bank. In connections with the CT eut`s participation in the Program., the Bank shall;
A. P,stabli,,h Accounts and where applicable issue Cards with such capabilities as may be elected by the
Client and agreed to by the frank from time to time. Any Cards and any Cardholder statements will be delivered
to a U.S. address of the Client or Cardholder unless otherwise agreed. The Accounts are non-transferable and
non-assignable. The Cards shall remain the property of the Bank.
B. The Bank may investigate the identity of the Client and any proposed or existing Cardholder by
obtaining, verifying, and recording personal identifying information, and may if reasonably necessary obtain
such information from third parties.
C. Make available to the Client any corporate liability waiver coverage extended by "Visa or MasterCard in
connection with suspected employee misuse of an Account.
JI'Morgan Chase Bank, N.A. Page 2 of 16
. Obligations of the Client. In connection with the Program, the Client shall:
A. Initially request a rainirnvri of to (10) Accounts in connection with the Program by submitting a Card.
Request. From time to time the Client may sul)nZit to the Stank a Card Xecluest form for additional cards. The
Card Request shall be in a form approved by the Bank, steal I include all information required by the Bank., and
shall be accompanied by such evidence of authority for the Card Request as the Bank may require. All Card
Requests shall be delivered to the Bank in a secure, enri-.ptcd, or password protected format or by such otlier
niethoJ as may be mutually agreed to by the parties. B, submitting any Card Request, the Client represents to
the Bank that the information contained therein is consistent with the Client's own records concerning the listed
Cardholder or entity. The Client represents that the Cards and Accounts to be issued and established under this
Agreement are substitutes for accepted cards and accounts, or will be sought and issued only in response to
written requests or applications for such Cards or Accounts obtained by the Client from the prospective
Cardholders in accordance with Section 226.12 (a) of Regulation of the Federal Truth in Lending Act. The
Client shall retain such applications (paper or electronic) for any Account when such application is not provided.
W the Hank, for a period of twenty-five (25) months after the appticaCoii has been received and acted upon. The
Clieir agrees to use reasonable security precautions to safeguard Accounts in connection with their storage, use,
and dissemination of Accounts..
B. Notify each Cardholder that the Accounts are to be used only for business purposes consistent with the
Client's established policies.
C. Clearly disclose to each of its Cardholders the extent, if any, to which the Bank will provide
Transaction and Account information to third parties.
D. Make commercially reasonable efforts to (i) maintain a process ensuring timely and accurate
reirnb«rsernent of all business purchase transactions to its Cardholders, (ii) not exceed the Credit Limit or permit
Cardholders to exceed the Account Credit Limits, and (iii) collect and destroy any Cards it no longer requires in
connection with this r gran.
B. Immediately notify the Bank of any Account for which the Client no longer has use.
F. Immediately notify the Bank by phone of any Account that the Client knows or suspects has been lost,
stolen, misappropriated., improperly, used or compromised.
Gi Comply with all requirements of any corporate liability waiver coverage. Any balance outstanding
associated with in Account for which ~i corporate liability waiver is requested shall become immediately due and
payable.
H. Notify the Bank of any Transaction the Client disputes within si=xty (60) days of the last day of the
Cycle during which such Transaction is charged to the Client. The, Clicnt will use commercially reasonable
efforts to assist the :3ank in mem ting to obtain reimbursement from the Merchant_ : he Bank will use
commercially reasonable efforts to assist the Client in attempting to obtain reimbursement from the Merchant
provided, however, the Client understands that no cl)ar-ebacts will be granted for Transactions resulting from
Account usa e where a Cardholder's name is not embussed r'n n Card or where there is no Card associated with
such Account. The Client or Cardholder shall not be rehe\ ed 3t'haNlity t )r anti disputed Transaction if the
chargeback is rejoo, d. The Bank shall not be liable for any Transaction where notice of the disputed.
Transaction is received from the Client more than sixty (60) days after the last day of the Cycle during which
such Transaction is charged to the Client. The Client shall not make a claim -ainst the Bank or refuse to pay
any amount because the Client or the pcr~on using the Card may have a dispute with any Merchant as to the
goods or services purchased from such. Merchant which has honored the Card r that purchase.
4. Liabilities of the Client'.
A. Regardless of any established Credit Limits or Account Credit Limits, the Client agrees to pay and
perform «xhen due all of its obligations, including, without limitation:
JPMm,-,aTt (ha`c Bank, N.A. Page 3 of 16
i) With respect to Corporate Liability Accounts, the Client shall be liable for all amounts owing and
payable under or i connection with each such Account and this Agreement. The Client shall make payment
as specified on Exhibit A for all Transactions posted to a Client Account as reflected on a periodic statement
no later than the paym cnt date (the "Payment Bate"). If such Payment bate is a Saturday, Sunday, or Bank
holiday, the payment shall he due on either the previous or the next business day as specified on the periodic
statement. If all or any portion of a payment owed by the Client is not received by the Bank by the Payment
late, then any amounts outstarding shall be subject to the late fees and delinquency f-ces as specified on.
Exhibit A until payment iii frill of all such amounts.
B. The Client shall immediately notify the Bank by phone of any Account that the Client knows or
suspects has been List, stolen, misappropriated, improperly used or compromised. The Client will be liable for
all Transactions made on an. Account prior to notifi, aficn of such host, stolen, misappropriated, improperly used
or compromised Account. The Client will further be liable for Transactions after such notification has occurred
if such Transactions result in a direct or indirect benefit to the Client: or any Cardholder.
C. The Client's obli-ations shall be er.focceable regardless of the validity or enforceability of a
Cardholder's obligations. The Client «aivcs , t.y defenses based upon any
i) exercise, delay or waiver of any right, power, or remedy under any Cardholder Agreement,
ii) bankruptcy or siriilar proceedings, or any discharge, affecting a Cardholder, the Client, or others,
iii) modification of any Cardholder Agreement,
iv} settlement with or release of any Cardholder, and/or
v) action, iriactic,m, or circumstance (with or Nvithout the C'lient's notice, knowledge, or consent) that varies
the Client's ri sk5 or might otherwise legally or equitubiy constitute discharge of a surety or guarantor.
D. Payments under this Agreement shall be made in U.S. dollars drawn on a U.S. bank or a U.S. branch of
a foreign bank.
E. If the Client elects to add Convenience Check capabilities to any Account, the Client will be liable for
the amount of all Convenience Checks used in connection tJ it[l such Account.
F. If the Client allows a Client Vendor to charge Transactions to an Account, the Client is solely
responsible for instructing such Client Vendor in the handling and processing of Transactions. Client Vendors
are for all purposes agents only of the Client and not of the Dank. No fee shall be payable by the Dank to any
Client Vendor for performing an} services.
The Bank may require the Client to deliver to the Bank authorization inforimitiun for each Client Vendor
including, but not limited to (a) the name and address of each authorized individual of the Client Vendor, and (b)
such other information in such format as the Bank may in its sole discretion require.
The Client shall immediately notify the Bank upon revoking a Client Vendor's authority. Notwithstanding
anything to the contrary in this Agreement, the Client shall be liable for all amounts owing and payable under or
in connection with each such Account and this Agreement.
5. Credit.
A, The .Bank, at its sole discretion, may authorize cxtcnsions of, redit with respect to (i) each Account up
to the Account Credit Limit, and (ii) all Accounts up to the Credit ' imit. The Bank is entitled but not obli`Yated
to decline authori7ativTi of any Transaction that would resw't in 4ay Credit Limit or Account Credit Limit being.
exceeded. Notwithstanding the foregoing, if the Client and/or the Cardholder exceed the Credit limit aud.'or the
3PMorgan Chase Barrk, N.A. Page 4 of 16
Account Credit /Limit, the Client an&or Cardholder shall pay all amounts exceeding the Credit limit and/or
Account Credit Limit as applicable.
B. If not publicly ivailabkl 11-.rough the Securities and ".x~han;u Commission. the Client shall provide the
Bank with copies of its consolidiiwd audited financial statements, including its annual im;onit! statement and
balance sheet, prepared in acc(+rdance with GA,AP, as soon as av«ildble and no later than 120 days of er the end
of each fiscal year. The Client shall provide such other current financial information as the Bank mad request
from time to time. If applicable, the Client will notify the Bank within five Business Days of any chan«c in, the
Client's bond rating. The Bank shall be entitled to receive, and to rely upon, financial statements provd6; d by
the Client to Bank affiliates, whether for purposes cl-fts Agreement or for other pL11 uses.
C. The Bank at arty tim may cancel or suspend tTiQ right of Cardholders to use any Account or Accounts,.
or decline; to establish any Account. The Bank may, at any time, increase or decrease any Account Credit Limit
or the Credit Limit, modify reel padmcnt terms, or require the provision of collateral or additional collateral.
D. The Bank may from time to time require MCC authorization restrictions in connection with the
Program.
E. Notwithstanding the foregoing, the Bank shall not be obligated to extertu credit or provide any Account
to the Client or any Cardholder in violation of any limitation or prohibition imposed by applicable law.
6. Programs and x5ystem Access.
A. The Bank shall provide the Client with password-protected daily access to Account and Tram Motion
data, reports, and account rnainterance functions through use of an Access Code. The Bank shall assigr an
initial Access Code to the l'i`o?g m, Administrator. The Program Administrator shall create and disseminate
Access Codes to Authorized ,,crs, Such access shall be provided in accordance with such manuals, training
materials, and anther information as the Bank shall provide from time to time.
B. The Client agrees to be hound by and follow the security procedures, terms and conditions that the
Barak may communicate from time to time upon notice to the Client.
C. The Client shall safognard all Access Codes and be responsible for all use of Access Codes issued by
the Program Administrator. The Client agrees that any access, Transaction, or business conducted using an
Access Code may be presumed by the Bank to have been in the Client's name for the Client's benefit. Any
u-nautlhorized use of an Access Code (except for unauthorized use by a Bank employee) shall be solely the
responsibility of the Client.
D. The Bank is authorized to rely upon any oral or written instruction that designates an Authorized User
until the authority of any such Authorized User is changed by the Clicrtt by oral or written instruction to the
Barth, and the Bann has reasonable opportunity to act on such instructions. ach Authorized User, subject to
written limitation received and accepted by the Bank, is authurired on hehkif of the Client to: open and close
Accounts, desigg ate Cardholders, appoint and remove Authorized Users, execute or otlaenvise agree to any form
of agreement relating to the Program., including, without linsitztic:n, materials related to security procedures, and.
give instructions, by means other than a written sipature, with respect to any Accowit opening or closure,
designation of Cardholders, or appointment of Authorisc°d Users, and any other natters in connection with the
operation of the Program or the System..
E. In connection with use of the Systeir, the Client may instruct the '3ank to furnish specific Transaction
data to third parties that provide reporting products or h, rvices to the Client, The Bank will transmit the
Transaction data, without representation or warranty to such third parties identified in such instructions.
7. Represenfations and Warranties, 7ach party represomts and warrants that this Agreement constitutes its
legal, valid and binding obligation enforceable in accordance with its terms, and that execution and performance
of this Agreement (i) do not breach any a_r ccment of such parV, Nc ith am third party, (ii) do not violate any law,
3PMorgan Chase Bank, N.A. Page 5 of 16
rule, or regulation, or any duty arising in law or equity applicable to it, (iii) are within its organizational powers,
and (iv) have been authorized by all necessary organizational action of such party.
8. Fees and Charges. The Client agrees to pay the fees and charges as specified by the Bairn, from time to
time. The fees initially applicable are. ~pcci lcd in 'n xhibit A attaclyed hereto. The Bank may CLU1120 the fees and
charges payable by the Client at any time provided Lhe Bank notifies the Client at least thirty (30) days prior to
the effective date of the change. Should there be a need to perform services other than those spcciized in Exhibit
A, the Client agrees to pay the fees and charges associated with any such service.
9. Incentives. The Bank may pay the Client an annual incentive award. The incentive award schedule initially
applicable is specified in Exhibit A. In no event shall the Bank pay the Client an incentive award for the year in
which this Agreement is terminated.
10. Terin. ;'}hiy Agreement shall have an initial term of three (3) years from the date first written above unless
otherwise terminated pursuant to the provisions of this paragraph. Thereafter, this Agreement may be
successively renewed for up to two one-year terms upon the anniversary of the effective date at the City's sale
di"Grstion.
11. Termination.
A. This Agreement may be terminated by the Bank upon the Client's default after Client receives notice of
such default and has failed to remedy said default within thirty (30) days of Client's receipt of said notice. The
Bank may refuse to allow further Transactions or nn e ke any of the Accounts at any time and for any reason.
B. The Client may terminate this Agreement and-or cancel any of the Accounts at any time and for any
reason. The Client shall immediately pay all amounts owing under this Agreement, without set-off or deduction,
anti destroy all physical Cards furnished to Cardholders, The Bank will assign the Client all its rights concerning
such amounts paid. In the event collection is initiated by th Bank, the Client shall be liable for payments of
reasonable attorney's fees. Sections 23, 3.T3, 3.F', 3.[.i, ,.1i, 4, S.A, S, 11, 12, 13, 14, 16, ITA, 17.C, 17.F", 17.C,
17.K, and 17.M shall survive the termination of this AYTccT_ rent,
12. Default, As used herein, "Default" includes l' 'I) the Client failing to remit any payment to the Bank as
required by this Agreement; (ii) either party filing or sufferir - a petition as debtor in any bankruptcy,
receivership, reorganization, liquidation, dissolution, insolvency, or other similar proceedings, or making any
assignment for the benefit of creditors; (iii) default by the Client under any material debt owed to any Bank
related entity; (iv) any material adverse change in the business, operations or financial condition of the Client.
13. Remedies and Damages. Upon the event of a default either party may terminate this Agreement pursuant
to Section 12, or the Bank may, at its sole option, suspend its services or obligations. In the event of termination,
Barg ;eerves the right to declare all obligations of the Client hereunder immediately due and payable. In no
event shall tctrir i,ation or expiration release or discharge the Client from its obligation to pay all amounts
payable under this Agreement.
14. Limitation of Lia ilit} and Indemnification. The Bank will be liable only for direct damages if it fails to
exercise ordinary care. The Barak shall be deemed to have exercised ordinary care if its action or failure to act is
in conformity with general Ni-aking usages or is otherwise a commercially reasonable practice of the lzarkiny
industry. The Bank shall not be liable for any special, indirect or consequential damages, even if it has hoen
advised of the possibility of these damages. This provision shall survive termination of this Agreement as to
matters that occurred during its term.
15, Notices. All notices and other communication required or ptr.;rri?tcd to be given under this Agreement
shall be in writing except as otherwise provided herein and shall be effective on the date actually received when
deliver e4 as provided herein. Notices to be provided hereunder shall be stiff cient if forwarded to the other party
by hand-di;Iivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party
shower below:
JJPMorgan Chase Bank. N.A. Page 6 of 16
To the Bank: .1PMorgan Chase Bank, N.A.
300 South Riverside Plaza, Suite IEI-0199
Chicago, Illinois 60670-0199
Attn: Commercial Card Contracts Manager
To the Client:. City of Fort oi-tl
Financial Systcm Division
1000 Throckmorton 5r-eet
Fart Worth, Texas 7610
Attn: Procurement Card Administrator
16. C ogfidentialrh . In accordance with the Texas Public Information Act of Texas Government Code Chapter
552 and except as expressly provided in this Agreement, all information furnished by either party in connection
with this Agreement, tine Program, or Transactions thereunder shall be kept confidential and used by the other
party only in such cwwectio;r, except to the extent such information (a) is already lawfully known when
received, (b) thereafter hecomcs lawfully obtainable from other sources, (c) is required to be disclosed to, or in
any document filed witli the Secuzities uad -xcQhange Commission, bankin- reg lator, or any other governmental
agencies, or (d) is rewired by law to he disclosed and notice of sucli disclosure is given (when lq ally
permissible) by the disclosing party. Notice under (d), when practicable, shall be given sufficiently in adN ante
of the disclosure to permit the other party to take 1q,
,al act<on to prevent, dkclosure. Each party shall advise all
employees, consultants, agents, and other repn~,.crtati\ es (collectively, "3epresentatives") who will have access
to confidential information about these obligations. A party shall disclose confidential information only to its
representatives involved i this Agreement, the Program., or the Transactions. Upon termination of this
Agreement, each party shall, at its option, return, destroy or render unusable, and discontinue use of all copies of
the other party's Confidential Information, upon request of the other party. The pasty r ccciving such request
may, because of State law, system regrrircments or as may be required by its own record keeping requirenterrts,
retain any of the other party's Confidential Information, provided, however, its obligation of confidential
treatment shall remain in place. Ifrecaested in writing, such party shall ccrtify its corrpiian; e with the foregoing
provisions. The Bank may exchango Client and Cardholder confidential in armation with affiliates. The Bank
may also disclose confidential inlb-rmatic,n to service providers in connection i4 ith their sLipposting the Bank's
provision of Program services. Such providers shall be obligated to keep that information confidential under the
same terms acid coneitions as set forth above ohl pCng the Bank. The Bank may e2x ha.nge credit or other
information cony cming the Client or Cardholders xith credit reporting agencies and merchalts (and, in the case
of Cardholder information, wi:h the Client), including but not limited to information concerning Transactions,
payment history, reimbursements, and employment status and location. The Dank may in its sole discretion
make an adverse report to credit reporting agencies if a Cardholder fails to pay or is delinquent in paying an
Account.
17. Miscellaneous
A. Except as otherwise provided herein, neither party shall use the name or logo of the oilier party without
its written consent. If the Client elects to have its Marrs embossed on the Cards or provide therm to the :bank for
other uses, the Client hereby grants the Bank a non-exclusive limited license to apply the N irks to the Cards
solely for use in connection with the Program and for no other purpose.
B. If any provision in this Agreement is held by any court of competent jurisdiction to be inoperative,
unenforceable, or invalid, such provision shall be inoperative, unenforceable, or invalid without affecting the
i-cmaini7ig provisions, and to this end the provisions of this Agreement are declared to be severable. Failure of
:th~r party to exercise any of its rights in a particular instance shall not be construed as a waiver o those rights
or any other rghts for any purpose.
C. Nothing in this Agreement shall constitute or create a partnership, joint venture, agency, or other
relationship between the Rank and the Client. To the extent either party un.dertalcs or performs any duty for
itself or for the other arty as required by this Agreement, the party shall be construed to be acting as an
irnitencndent contractor.
JPMorgan Chase Bank, NA Page 7 of 16
i7. In the regular ccaurse of busitzess, the I3atrk inay tnonitor> record and ratain telephcane conversatierns
znade tsr initiated tv ar by the Bazik, from ar ta tlae Client car Cardhalders.
E. The terms and pa-avisions ofth'rs Agreement shall be bindizzg upaaa and inure 2o tkze benefit of th,e Cliezat
and the Bank and their respectzve successors and assigns. Neither party hereta shall assigra, su.blet or trazasfer its
interest kterein without the prior written cansent of the other party, excegsi; that either party may assigra, sublet5 ar
transfer its intiexest herein to any affiliate upon written natice to the other.
F. The k3aank shall not be held responsible far any aq, fa~lure, event, ar czrcumstance addressed herein if
such act, faiiure,, event, or circumstance is caaased by canditions beyond its reasonable contresl.
G. The Cantract T7acum,enfis ezaabady the entire agreement and understanding between thc Claent and the
Bank arzd supersedes alI prior ~~~ements and understandings between the CIient and the I3anlc relating to the
subject matter hez-eaf. In case of a conf]ict of terms ita the C~ontract Docurnents, the order of precedence shall be
this Agreernent, Adclendum No. 1, the Bank's propcssai, anti then th~ RFP. All representations and warranties of
the parties cantained in this Agreexzzent shal1 survive the execution of ttzis Agreernent and canstamamatian of the
'1"ransactions contemplated kaexerxaattler.
H. Thi;s A,greernent ma,y be anaended ozaly a by a writing signed by the pau~ties. Ail xemedies GOntained in
tlazs Agreement or b;y larar a6arded shall be curnulative and all shall be available to the parCics heareto.
1. T'a the extenf that tae Clzent would have or bc aksle to claim scavereigrz imznunity in any aetivn, claim
sudt or procer:ding hzought by the Bank, the Client waives its sovereign irnrnunit,y to suir for the puupose of
adjudicatzng aclaim fdr lareach of txis Agreement anivl subjcct to the terms and conditians of 5ubchapter IAdjudrcataon of Clairns Arising Under Written Contracts with Local Gavemxnental Entities, Chapter 271, Texas
Lacal Govemment C;ode.
J. Sectian headings in this Agreement ate for canve-uience of reference vnly, and sYsall not govem the
interpretacaUn of any: of the prav'rsians of tlze Agreernent. I`he avords "hereQf", "herern" and "hereunder" a~d
words of siznilar imptarC when used in this Agreement shall refer to this Ageernent, as a whole and not ta any
pa:rticular pravisinn of'this Agreement.
K. lnterraaticanczl Tran.scactiorzs und F"ee,s. If an Cntemational Transactian is m:ade zn a ctux`eney other tktan
CJ,S. der11ars, the Assaciation vrrill convez1; ihe "CransactiQn into U.S. clolIars using its respeciirte currency
coanversion procedures. The exchange rate each Association uses to canvert currency is a rate that it setects
eith~r from the rar4o
ge of rates available in the wholesale currency markets for the applicable prescessizag da:te
(which rate zmay vary fram the rate the respcctive entity itself° receives), or the government-mandaied rate in
effect an the applicable processing date. T'he rate i.n effect on the applicabl.e pzQCessing ciate may diflFer frvm the
rate on the date wnen the Intemational "Cransaction occurred or u?hen the Accautzt was used. 'The Bank reserves
the right ca charge an interrzational Transaction Fee, as speci~'ied in Exhibit A. The Intemational "rransactzan Fee
wi11 be calculated an the LJ.S. dolXa,r amourat provided t4 the Ban,k by the Association. T"he same pracess and
eharges may apply i#`any Internatianal Tra.nsactibat is reversed.
L. This Agreearnent rrxaaay he signed in ane or mvre countetpa,c°ts, cach of which shall be an cariginal, with the
same effect as ifithe signatures were upnn the saane Agreement. Thr's Agreement skza[i becozaae effective as of the
date first appearing a$avvc when each of the parties hereta sball have signed a counterpart hereaf
M. THIS AGREFMENT SHALL BE CiQVERNEL3 SY ANU Cf7NSTRIJ~D IN ACCf.7RDANCE WI'I`Fi
THEE INT~RNAI. LA WS (AND N4"1" TH-E LAW C3F CONFLICgS) OF THE S'TAT"E C)F TEXAS, BLTT
GIVINU EFFECT 7`C) FE17ERAL LAWS APPLICABLE TO NATIONAL BANKS. TI°IE PAFLTTES HER~BY
WAIV'E ANY RIGHT TO A IAL BY JtJRY.
1PMor.-an Chase Bank, PI.F1. Page 8 of 16
BANK
JT~MORC"sAN CHASE BANK, N.A.
By
Name CLARE T. TRAUTH
~ V~~E PRES1~~NT
Title
~~~~NT
ITi' tJ1- FtJ1'i.T YYTVil L YY
- ~
, ~ . _
Kareri L. Montgom:ery , 4
Assistant City Manager/C-FO 6 # f `
Recom~erzded ~3y:
ena H. ~'inance tilis
irec
ATfiEST.
Marty Hendrix
City Secretary,
Authorizatian:~~ rQU~ ~ ~
~ ~
~
JC'Mor$asa Chase E3ank, N.A. I'age 9of 16
EXHIBIT A
CITY OF FC}RT WOR°I'H
INCEN T%"VES & FEES
5~EFI.N1T~ONS
"A.ssaciation" means either Mastea-Card vr Visa.
"Avez°a eLarae T'icket Transacticsn Size" means Lar°€ e "T'icket "Tra,nsaction Vo1ume divided by the tvCal zaumber
of transactions included in ihe calculation of Large T"ickei Transactian li olume.
"Averap-e Transactiota Size" means Gharge Vsaiurne dividcd by the kotal number aftransactions included aaa tkae
caIculatian of Chargc Volume fcsr any given period.
"Purchasin2 Card Charite Volurne" means tatal U.S. ciallar charges made an a Furchasing Card, nct of returrns,
a.nd excluding Large Tzcket Transactions, cash advances, convenience check amounts, fraudutent charges arad
any taarrasactions that do nat qualify for interchange ucader applicable Associatiozt rules.
:`C;redit Losses" means a11 amouttts due ta Baatk in connection with any Accuunt that Bank has written vff as
uncotleckible, exclud~g Fraud LasseS,
"ExacI'rac Char2e Voluzne" zneans tatal U.S. dallar eharges rnade on a viztual single use account ttsed in
conraectian with the ExacTrae System, net of retur-ns, and excluding Large 7'icket "l"ransactionsa cash a.dvances,
convenience check amounts, fraudult;nt claarges arzd any transacticans that do not qualifjr for interchange under
applicable .Rssoczation rules.
"F'raud d,asses" means all atnounts due tv Bacak in conaaectaan witla any Accaurrt that F3ankk has wrztten off as
unccallectible as a result of a card being lost, stolen, misappropriated, ainproperly used or campromased.
"Cxross CharLye Vo3urrre" rnaar's Purchasin~ Card Charge ~'"cslura~e pl~as ExacTrac +Ck~arge VUlur~ae, net of retaams,
and excluding I,,arge Ticket 'FransactiozasF cash advances, cQnvenience check amouzzts, fraudulent charges and
any transackions that dta not qualify f€ar interchangge 'undez' applicable Assaciatian rules.
"mLar2e Ticket 'T'rarisactian" means atraazsac.~titsn that the Assacyatinns have detetmined as e'ligible fcar a Large
TiGket Rate.
"LgLgge Tzcket Transa.etiort Valuzzae" means total U.S. dallar Large Ticket Transactions made an a Bank
CcrrnmerciaI Card, net of returns and excluclang cash advances, cvnvenaence check azraounts, fraudulent charges
and any transactions that dv nvt qualify fcar interchange under applicable Associatiarz rules.
"Losse5" means atl Cz-edit Losses and Fraud k,osses.
"Settlement Terms" means the ccambination of thc number of calendar days in abilling cycle and ihe number of
calendar days fcatlvwicag the end o#` a bi11ing cycle t€a the date the paymenc is due. Settt3ement "T'enns are
expressed as X & 5', where X is the nurczber of caiendar dayrs in thc billing cycie and Y zs the rzurnber of calendar
days fallsawing the end of a billing cyc'Ie ta the date the payment is due.
"Sneecl of PavmenY" means che number ofcalendar days aftc:x a billing cycle until tkse date full payment ofthe
eycle end balanee 'rs postesi by the Barzlc.
JI'Mcarggan C;hase Banic, N.A. Page 10 of 16
BA'T'ES
VmtumeReb~~e
Barzk will pay the Client a rebate based on the annual Gross Charge Volume achier?ed according ta the following
scheduie. The Puxchasing Card rebate witt be calculated as the Reba4e Rate times the annual Purehasing Card
Char~e Volume.
Qua[iPied
Charge
Rebate Raffie
Volume
$ I0,04(3,f}(l4
~
1 .22%g
$12,500,000
1.30%
$15,000,000
I 1.35°/q
$20,000,000
~ 1.41%
S25.000,000
~ i.46Q/o
S30,000,000
~ 1.48%
$35,000,000
I 1.50°!"o
$40,040,400
~
I 1.53°/u
$45,000,000
1.55p/o
$50,000,000
1.56°7fo
ExacTrac Volume Rebate Adiustment
The ExacTrae rebate will be calculated as the 12.ebate Rate as determinecl above minus b. 15% times the annctal
ExacTrac Gharge Volutne.
Sneed caf Pavment Escalataar
"I"he Bank- will pay CI1ent an additicrnal rebate hased on its avearage Speed of I'ayrrrent tlu-oughvut the year. If, nn
average, payment fot' the pziar period full balance is r°eceived ita fewer days firozaa cycle end thari requr'red under
the terms ofthzs Agreement, a speed-ta-pay escalatar ofa.(il% per full day ofearly payrcaeni wi11 be earnecl.
~~~~e Tacket Rebate
Bank wzll pay the Cl'sent an annual rebate based on annual Average Large Ticket Transaction Size and annual
Large Ticket Trarisaction Volume according #ca the follawing schedule. The rebate wiil be calculated aa.~ the
Rebate Rate tzmes the aaanual Large Ticket Tt`ansaction Volume.
Aversge 1.~rge Ticket
Rebate te
Transaetion Size
$7,500
0:600/o
$10,000
4.55°r'o
$15,000
0. St3°r`o
$20,000
0.45%
$25,000 ~
0.4C?°r`a
>S25,040 ~
0.35%
Rebate CamDutatian
The followang is for illustrative purposes anly and, therefore, the zaumbers pravided in the example below do not
constieute a commatnent by the Bank. This is an exarnple af a rebate ccrrnputad ac 7 days based on the fallowing
criteria:
JYMor;an CIiasc F3anR;,NA Page 1 I vt 16
S 13,000,000 regul~r transactaons and $2,000,000 for large ticket t-ransactiazas:
7 Dkv
Descrintion Percentap-e Da11ars
Regular Trausactions 1.30°/a $169,000
Large Ticket `I'ratasactions 0.40% $8,000
'I`otal Rebate $ I77,{1t7f3
~eneral.~ebate Terms
Rebates will he calculated annua11y in arrears. Rebate arncaunts are subject go reduction by a11 1,asses, subject to
Sectivn 4II of the Agreement. If Losses exceed the rebate eam~d for any calendar yea.r, Bank wi11 invoice tlae
Client far the amounC in excess of the rebate, wfiich acnnttr~~ shal.l be payable witlzin 14 days.. YJpan Yearrninatiora
of the Frvgram} the ]Losses fQr the six-month peraod immediateiy preeeding the ternainaa:ion wail be deemcd tcs be
equal ta the k.nsses for the prior six-month period. Rebate paym.ents will be made ira the fixst quarter fcar the
previous calendar year via Automated Clearang House ("ACH") eredit to an accnunt des"cgnated by the Client.
Ta qualify for any rebate payment, all of the foll'owzng conditzons apply.
a. 5ettlement of any cer►trally bilied accpunt(s) must be by automatic debit or by C3icnt initiated .ACH or
vvire.
b. Payments must be received by Bank in aecordance with the Settlerraeant Tenns. De£inquent payments
shall be subject to a Fast Due Fees as specified below. Settlernent Tertns are 7 8c 7.
c. "1"he Client zs not in De1Fault under tlae Agreerment.
d. Acco,unt(s) must be current at the tirne of rehate calculation and payrzaezir.
dPNborgan C'hase Baark, N.A. Page 12 of 16
FEES (PurchasanLy Card)
T°echnalaev Fees
FaynientNet andlar ST7C7E..: Crzstom Reporting/Mapper ProgranmingfFast-lvader: $250 gen cour (4 haur
minimuan)
PathwayNet Set up:
First 6 sztes: No Charge
Addgtivnal siies: $ 150 per sate
Trainzng
At JPMorganChase site: No C'ha,t'ge; clzent T&E not inclucied
Via "['elephone: No Charge
.At Client site:
Initial Training: Four Days Ta°aaning of up tn 90 users at no charge to the (',lient
Additianal 'T'raini.n,@,,: $950 pear day, includes all related traveP expenses
Papear Statemenis: No Charge
Edectronic Payment Fee: No Chaz`ge
Past Due F'ees
Late fce: Prime +2n1o appl'xed to average daily which is calcuIated as follows:
(Past due balance + any new spend)1 Number of davs ira cycie.
Wil'1 be clzaTge€] con the cycle date.
I7elinquemc}r fee: No Charge
Acc~~~t Fees
Annual Card Fees~ No Charge
Special Prs,rpQSe Casds (b?B): No C;harge
Basic T']astic: No Chaa°ge
Irago Plastics: No Charge
C;ustvm P1astics: At cvst; based an cnmplexity of deszgn subject to a 1,000 card minimum
TT3ocrament tetrieval fee: per document (undisputed char'ges)
Statement Duplicatian: $5 -$S per statement; $4 Clarough PaymentNet.
ACI3 return item: No Charge
Retum Clheck Fee: $ 15 per return
Ftush Card: No Char-ge
Stamdard Card RcpIacement: No Charge
JP'vtorgan Chase Banc, N.EA. Page 13 cri' 16
Card Reinstatement: No Charge
intematitanal Transactian Fee: l% surcbarge (asscac"ration pass thraugka)
Dcarrr►aasit !Credit Balance Fee: No Charge
Over Lirnit Fee: No Charge
Ointic~nal Services
Cash Advance: 2.0% ($3.00 znirzimum)
Canvenience Checks; $i per pQSted check + 0.5% af check value
Rejccted Convenience Check: Nv Charge
Cssnvenience Claeck Stop Payment: No Charge
Other
Should the C1ient request services not in this schedule, the Client agrees to pay the fee associated with such
service,.
,rnMargar, Chase Banlc, N.A. 1'agc 14 of 16
FEES (ExaeTrac d'rcogram)
Technole~~ Fees
PaymentNet andlpr SDOL: Custam lteportingfMapper Programaningl'Past-Ioader: $250 per hraur {4 hvur
minimurn)
EDT Set up/Transmissivn: Pass-thrnugh on ali set up and deveiopment costs
Training
At JPMorganChase site: Na Charge, client T&E nat inciuded
At Client site:
hnitial. 7'raining: No Cnarge
Additional Training: $950 per day, iracludes all related tTavei expenses
Paper Stateanents: No Charge
Electronic Payment Fee: Ncr Charge
P'as~ Due Fees
Late fee: Central BiIl: 1°in of unpaid badance at cycle - 15 days, charged on cycle date
Delimquency fee: 2.5°fo af the full amount past due at cycle + 15 days and each cycle thereafi:er; charged c,n
cycl'e date .
Acc€~unt Fees
aocura~ent retrieval fee; first 3 copy requests are free, then $5 per copy reqzrest (uradisputed charges)
Statement Duplication. $5 per stateanent; $0 through PaymentNet
AC:H return item: $20 per rettarra
Return Check Fee: $15 per retaarn
Intemational Transactz~n Fee: I % surcharge (ass4c'zaiivn pass through)
Dorrnant Credit Balance F'ee: Nv Charge
Qver Lirztat Fee: T+T€s Charge
Miscellaneous Fees. I'ass-throug.h charges for other speeialized services (case-by-case fees)
ODtional ~ervices
FTP:.
Daily: $500.lmanth
Weekly: $?-SD/mozath
Bi-weekly: $ I251month
Monthlv: $751manth
Cash Advance: 2.5% (S2.50 rninimum and $341 maxzxnu.m)
7F'Mnrgan Chase Hank, N.A. t'age 15 of 16
Cnnvenience Checks: 1.5°!0 - 3% of check aznaunt ($l .50lcheek minimum, $50 check rnaxzr~~um); $1 per
check fee for keying caf payce name
Rejected Ccsnveraiezxce Check: $29 per check
C'onveaaa'ence Check Stcsp I11ay,ment: No Charge
[3ther
5hould the Client request services ncat in'this schedule, the Client agarees to pay ihe i'ee assoczated with such.
service.
IN?Vlorgan Ch&se 13ank, N.A. 1?age 16 of 16
Y
FI F~ST ENDMENT `f' ~T NO,
COMMERCIAL CARD AGREEME T I JPMORGAN cH~~~ ~~NK, N.A.
THlS F9RST AMERVDMENT (4he "Amendsnent") to Cammercial Card' Agreernent (the 'AgreerrienY) dated as oE August 31, 2007 between
,dPMorgars Chase Bank, I+J.A. (the °Bank"), and City af Fo Warth a I~ame-~tule Me~rricipal Cvrpvrai3pra, situatea,i in 1'arrant, t~ntvn, f~arker,
and VVi~ Cvuntie5, Te~s (tfae °Client") is rnade as of .f~) ~'~;~~r~~ ~'~a' r✓p (the "Effective G3ats'),
~
dhe Bank and the Clien[ agree to arraend [he FtgreBment as ivlPraws:
I. f~efinitians. CapiYafized 4erms used an ihis Amersdmenk and define-d in the AgreemenZ shalt te used hereitr a5 sv defined, except as
athenws`se prvv'sderi hereirs.
Z Amerstfmerts4. Paragraph 4. 13. cs[ the Rgreement is hereby deleteci in i4s entEret7+ and eestakad to read as fodlows:
'Fraud Losses wifl not be deducted frcsrri rebates, pravided that flhe Cl6ent shall immediately notify ihe Barrk by phone af any Acccaurot
that the Glient knoarvs or suspects has been tust, stolen, misapprapriated, irsaproperly used, rar conpcomiseti. The CI6ent shall nCat be
tiabWs for traudulent kransact€vn(s) rrsade can an AccounC by persans other tharr emplcryees ar agents af the Client and the ClsenR's
venacars. Prauided 4hat (i) the Client or Gardhoddet° Yaas immediately natif[ed the Bank as speCified in the paevious sentence; (ii)
raeither the CI'aent rtor the Cardhplcfer has received any direct ar indirect 6eraeflt trram such fraudulent Transaction(s); (iii) the peogram
has been set up and saperated !ay the Client in acccardance with the Bank"s iraud reduc#ivn best practlces as desigrwated' by 4he Bank
fraraa time to tirree (including but rvat timited to blvckirag high-r6sk 9LICC5, Fu3Yment to the Bank by the Ctiecrt ra[tner khan Cardholders
for appraved expenses, lamiting cash advanc.es; adhering to transac4i4n, daity, arsc9 cycle Iianits estatslished tay #he Bank); {iv} the
Client maintains reasQnable securi4y precaufioras and contrvls regart4ing the disseminatbvn, use and stearage of Cards and
fransaction data; and (v) the Client naatafies the Bank no later Rhan ten (10) bsasaness days after ihe date a paper or elec4rondc
statemenE in which the fr udulenf Transacfion;s) first appeareri was itst rnade available to fhe CIlent. In the event the Client does
nat adopt the fr ud reductipra besi practices iracluding buS nvt Iimeted to thvse designate1 ira this sectiun, as designatetl by #he Bank
frum time to time, within 10 business days ot being sta notified in mwrit9ng by the Bank, the G€iertt wiil kae Itable iar any Frauduierat
Tran5actions on any Account priar to the time the Ctient nrst6fres the 8ank.^
~ Ameeadmemrt. Exhiksit R is hereby deleted ln its entsre•ty and repi'ac.e1 in fui6 with a rrew'Exhibit A as attached hareto.
-t. Amendment. The Agreemsnt is heretsy rro-atiifled to lncvrporate a new `Exhifa64 F3 entifled "5ingle Use Acacounts Adcfendum' as atttach,ed
hereEo.
5. AaraendrrrenY. Secbon I 1 of the Rgaeernent, TSrmirration; is hereby amended to add Section 11. C. u+hich shatl read as frrElvws:
°6n the event rrn fcsrvds or insufficient funds are apprcapraa4ed by the CIient in any fisr.al period for anY paYanents due hereunder,
Client uuvitf nrstsPy Bank qf such vccurrence and tfiis Agreement shail termirrafe vn the last day vf the fiscat period for which
apprapriaiiarrs were receiveci withvut penatty ar easpense to the Clienf rrf any ksnd whafsaever„ except as to the pvrtoons a# the
payanents herein agreed upan fior which funds have been appropriated."
t', Corr4snved EffeGa. Except to the extent amended hereby, all temns, provisic3ns and ctsndi4ians csf tha Agreemenf, as 6t may have been
amended frocn time to €ime, shall mntinue nn fuf'I fvrce errtei effac4 and the Agreear7ent sFaa18 remain enforceable and bind6ng in accordance
with its terms.
F'iggYback Provisican. PursuanC to the Texas 6nterlocaf Cobperativn Act, Chapter 791, Texas Grauernmen# Code (the "Act"), the use
of
this Agreemerrt may be exteradei to ather toca# govemments and with agencies of the State as ciescribed ira the Rct. Additionally, the
AgreemenC may be eyctended to iVot-For-Prafit carganizatiems and private urriversities af Client's discretion. Ncsfiwvithstanding the faregoing,
4he 8ank, En ifs seate ciiscretiors, shall have tha op4ioer to apprrsve the participation a6 any Partecbpartt (as Iater deSned hersin) under this
Agreernent. Each Partecipant allowed by the Bsnk to obtaiLn services under this Agreement shatR do sa Independent €rf any pther
Patticipant. Each PaR6cipan# shall be t8sponsable fcar its nsaurt akr€igations hy uarkue pf khis Ag€sement, "fhe Bank shadl nat kae Riahle to the
Client fvr paymsnts hereunder or atherwrise, due to any failum to E3Sue any Card or establish any Account for a Iarticipani. G9ierat shadl
noT be Eiable far any trarssaccaons, Ir Yment o€ fees, ar arsy aYher oblagations rsf any Partmcipant uncerr this AgreeanenL
Caunterpar4s. This Artoendrnent may be executed in any nurnber bf cvunterparts, alt of wtich vhen takert together shall canskitute cane
and the same dvcurrrent, arui eac#t party hereta may execute this Arrsendment by signfng any vf such cvuretefpsrts.
' Page ! pd 13
IN YVITNESS WHEREOF, the Bank artd the Glient have Caus+ed this Rmendment tv be executed by theie respectaue auPhorized vfficers as af
Che effective date wrilten a6vve.
JPMORC:AN Ch9A5E BAPkkt, N.A.
Hy:
hlamB: .;1 As~'E T. TRAUTH
V6 N-_ E P RaSB0 E iT
Titte:
Cl➢ertt AtEesta4Fan :
CfYY CFF FQRT lWt3FtT&i, YEX,AS
_
r f1 r '
By:
Name: Karerz L. Montaotuerv
ritle: A~sistant City Manager
~
7qN-f
w e. i?
.n„,..~.._.~._..,
7he undersigned, a duPy authcrrizecP officer trr representative af the Ciiertt, doeS hereby certify khat the CEienY has beetr duly autForize1 to enfer,
intp arsd pecForm ihis Amendrnerat and that the person sign'rng abvve on bebaif csf the Ctient, wHase executirsrt of this Amenelment was
witrsessed by the undersigned, is an afficer, partrter, member car rsdhet represerrtative of the Clienl possessing aeattaority to ezecute this
Arnendment.
By:
Name:
TEtIe
"Nn2e: The peason sbgnEng the attestation shail kae sameone d%ffereni #rarn the persorr signing atove vn behalf af the Client.
AC'PRC1VEI} AS °~O F{]RM AND LEGAL]CTY
~,..m
By J `
.
Name: Maleshia Farmer
T3t1e: Assistant City Attor~~~
AttesW, ~ Ya
.
~...s
4y Hendrix, ~ity S .
N
page 2 af 13
EXHI IT
INCE' T'IVES D FEES
DEFfNirIoNS
"Assockation" mearas either MasffierGard pr Visa
°Averaae Filetum' means the raumber of days between the transact6csn postirtg date and the posUng date ca4 paqmersl in iutl, averaged over the
eebate calpulation period.
"~ikveraqp Larae Ticke6 7rarssactian 5ize" means Large "Cicket Transactian Vvfume divided tay the totat nurrrber off transactions includec3 `rn the
ca]'cuPatian of' Large Ticeet Transacticsn Voiume.
°Rv~raae ~vment '~erms° m~ras the eh+rerage F3let~srr~ aninus haif the number e~i caiendar days in the billing cycle> as spta~afied in t~`s~:
~eYtlement 7ersns.
"Charae Vadume" means tata€ U.S. doli'ar charges made on aBank Ccrmrrsercial Gard, net of re#ums, a¢rd exc8'uding d..arge Ticket firansactanns,
cash ad'vances, Corsvertience check amcaursts. #aaudulea€ charges and any transactions that dv not qualify far intemhaage und:r applicable
Associa#ian rules.
"Corn6aned Gharrae rlcslume" means Charge Vclumes and Skngle Use Charge Volursae.
"C.tsn4ract Year" sneans a 12-tnonth peeiad keginning ora August 313` of each year or any anniuersary of saacch daie.
"Grecla4 Losses" means aIQ amawnts due tv Bank in conrrWicm with &ny Acccsunt that Bank has written otd as uncolpectilaie, excluding Fraud
Lasses.
"Fraud l.osses° means all amounts due ta Bank 1n ccsnnectivn with any Account that Bank has arxitten off as +ancol[ectible as a resaaPt of a card
b66f9g ACYSt, Std7Ien, CfiiSr"3G7p6{7pd'R~ted, PR1pC(3pef1}I U5et1 C5P CCSPCIpf"bYtTOsed.
*Jarue"I ickEt Pransaction° mearss a iransacticm that the AssoCiatiorrs have deterrrsined is eI`sgible #ear a Large Ticket Rate.
"Larae Ticket Transactioes 1lsaduMf msans tvtal tJ.S, dollar Large TiCScet Transactioras rraade on a 6ank Commercial Carcl, not af returrss and
excludirrg cash advances, canversience check amounts, fcaudulent c:ktarges and any transactions ihat da not qualifr^ far inkerchange under
applicable Assaciatian rules,
°Losses" means a19 Cr+edit Losses arsd Fraud Lvsses.
"7exas Payment Card' Gdrzsortium" meaers the Git,r of Fori Wssrth, Texas arsd cather 7exas pub6ic en#ities eligrble fo par#icipate in the Program
uncAer the Act anc! thaF haare kseen appres+xed by the E3ank fior part€cipafirsn.
"Parttcsraa~" means the Ciie~at nr a Te~s pub~ic eraiity appr~sved by the Bank ta }aarticr`pats ur~tier fE~e Gonr'srt~$rCial Gar[1 P~archasar~g arad Sing#e
Use Rccou~f pragrsraas pravided to Clent under this Agr€:eanenl ancf which have exectted an agreement in the ftsrm as attachec3 hereter as
`Exhihit C' (the "Partieipa4ian Rgreement) or in such otFer form as pre>vkied by ths Bank frvm tirree to Ume,
"Settlemesrt Terns" means tks€; caambination af the nurnber of calendar days irr a bilting cycls and the sautnbe€ of calendar days folleowing the
snd of a billing cyc1e trs the date the payrnent 6s due. Settlernent Ferms are expressed as X& Y, where X is the number of calendar days in
the tsillEng cyCle and Y is the r+umter af calendar days tolltsuw'irg the ersd c3f a balling cyCle !o the date the payasterst s5 dtse.
"_~Ltrtole Use Charqe 1lolume" means total 1.1.5_ dvltar charges rraade on a Virtua& Sang&e tJSe Account used in r,,onnecticrn with the Saragle Use
5ystem„ net c>t' retums, and excluding Large Ticket 7'ransactions, cash advaraces, fraudulent charges and any transacbons fhat da nvt qualify
idr Interchange under appticabte Assmiatian ru1es.
'r'irtuai Sirrale Use Account' means a Card-less Accaurak used fn canrwivn with a single, unique transactisan
Paga 3 or 13
REBATES'
Volume Remate PurchasEng and Sin 9L Accatrnt iE-Paua6le!~ Solutirsasl
Bank will pay the ParEicdparst a reba[e basei on ttte annuai Texas Paymrtent Card' Cansartium'S Combfned Charge VduCne achieved accarding
te the €ailowing schedule. fihe rebate vvill tae cafcutaked as the Rekate Rats times fhe arrnual Part6cipani's respec4ive Coa'ctkafnes9 Charge
Vglume.
Nt7TE: In year 3' af th6s Agreement (8131i2010 8130J2011), Bank Krill sssuzne Charge Volume of $200,OC1p,030 and pay at the .95'Ao anc#
1.58% rebate 6eveis based on the F'artiCipartt°S Cuirent annual uvlurme. FOr each y8ar theteafter, the carss7rtium rebate will be paid per the
grid 6eiow.
7`EXA5 PAYMENT GARB3 Cf)PdSbRTlUtW `
(IndividuaE Paadci'pant Volume Gr3d)
°Gombieaed
Purchas~ng Card Proqrae€
Ccsaascar'flum
Charge VmEtrrne
$ S(10@( - 31MM $1 M v~ great~~
Und2f
_
$25.000,000
0.75%
1.25%
525,ot)Q,006
~
Q.BA°fo
$75.006,000
I
o.$s%
$1 50,00uoo
a.9o0/6
$z00,o€aa<oo0
1.59% _
$30,000,000
1.00%
- 1,60%
$50Q000R000
~
_ I ,0 20/o 1.e1%
"Commpsaed Charge 1folsarsse Pn,r each Parfi~lpant wI[I begir~ to acenae on the flrst day of tFae rnvntla folfcawlng 4~e dat$ the Participatton
Agreement is executesf.
Sireaie LOse AccounR 1E,Psva61t-s Saiukfonl Roba
-to
Bank wil#' paY the Participant a rebate baseri on #he annual Single Use Charge Volume achievecl as incficatec€ beivw. The retate will tte
calcuYated as the indicatei Ftebate Rate times the annual Single Use Charge Vviume,
- !f ParYicipant achi€ves $1,00(3,000 -$1p,Q4XD,[70fl in airrgle llse Charge Vvdume, fhe rehate rate is 1.240da
_ If Participant achiev€:s Single Use Charge Volume greaEer thara 510,004,00o, the rehate rate ls ln accordance with ihe rekrate grid
aboare.
NS}7E; Pactr`cipants with SiragPe Use Account Chaegs Volume iess than $1,000,OGO witl not be irnptementeeL
Averaael avrnent, Terems EscqEa;tor
The E3ank will pay GI'o-ant an additianal rebafe based cxa its Average Payment Terms 4hrearaghCaut the year. If, on average, payment fpr the pripr
perivd fu#I 6alance is received irr Pevuer dayts trom cycie end than required under Yhe terms caf this Agreement, art Auerage Payment Terms
escalatpr of 0,04%o pet full day ai early paymen t wiiI tre eamBd.
Particioarek RenorPkna svsters3 a ` -n
Frs Particdparrts with program spend 4f under $io miWlicrn annual3y, the smarfdata repor#ing sadutican will be impPenen4+ed.
Participants with annuaE spend vf $10 millian pr above can se4ec4 the Bank's PayrneniNet reporting plalfann aar smaafdata
Pags 4 na 13
IF.aroo TEeket R te - Purc9tas€roa anci 50nafe Use Accaunt (E-Pau^ables Sssdwatinnl aro rms
Bank wi14 pay the Parkicdpant an annuai rebake bawd on aranual Average Large Ticket Trarasaction Size and annua# Large Ticket Transacfinn
Voiume accprding to the fa!loaving whedu6e, when the respective Pa[tccipanYs annual CamUnesi Charge Vplurrae threshold reqtairernents are
achievexl. 1`he retate wall kae calculateri as the F2ebate Rate limes the annual L,arge Ticket Transaction Vcadume.
PURCHASE~G AND 51NGLE U~E
ACc[~UNIr (ETPA~ABLEs svLUTrON)
PPOGRAMS
RlfERAGE LARGE
P2EBATE
FPGKET
RATE
TRANSACgi43N SV-fE
$4500 - $4+399 ~
,65%
u6000 - $7499
60°Ao
$7500 - $9.999
55°~
$10,000 - $14,999
.50%
$15,000 • $19,959 ~
.45%
$20, JCip - $2+3,999
35°!a
$25,000 - $99,999
30%
MUM+ d
0.15
'fin the event csF a reduciion in interchange rrates by the AsSOauafians> the Bank reserues #Yee righ# ta ratabiy adjust the rebate rates accorc4ingly.
Gesreral Re~~tg Teems
Pebates vAll be calculatei annuaiSy in arrrears. Rebate amtaunts aze subjec:t tv reductian by aII Losses. IF Losses exceed the rehate eamed fvr
any GvntraGt Year, Bank vriEl inuoice the respective F'articfpanfi #ar the arnaount in excess of the rebate, wYsiah arnount shail be payabie vnrilhin
thirty (30) days of receipt raf the inmoice, Upon terwnirration of the Program, the Losses far the siz-mvrittr penad irramed#ately preceding the
termanation wilE be deemed tra kse equal ta the Losses tcsa the subsequent six-mtinth petiod. It the Participant is participating in anare 4harr ckne
pragram, Bsnk resetves the right &o ofFset any l.csses frarn one prcgram agairsst any tebate eameel urtder any ather program.
Ftebate payments wiEl te made w`st;hirr 90 days af2er the " of the previaus CantracR Year uia vuire iransfer tv an account designated by the
PaetiCipanZ.
Ta qualify for any retaate payment, all vf the fnlfowing conditions appiy.
a. Setttlerrrent ot any cen4rally biiied accsauni(s) mus1 be by autoanatic deksit or bq the Participant fnit#ated ACFi ar wrre.
b. Payments must be deceive.ef hy Bank in acc[ardancs wik#t the 5ettlernent Twrrs. C3e#inquent paymen4:, shall be sut3ject to aPast Due
Fees as specifed below. Sett9emenY Terrar5 are 30 & 14 fivr botkr the purchassng arad singSe ease accauni prvgrarras.
c. The ParEiclpant must main4ain asatisfactory Barah creciwt risk ra4irag (investrrsent grafe equivalent).
d. The Pardcipant is nrat in Default under the Rgreemen4.
Rage 5 af 13
Fees 5chedu9e - for Pa°ograms usang the Sxrrartdata tervr
The fotEowing are the fees associated with our purchasing card and single use accaunt program in Che Unitied
States:
Annu~l card fee
Cash advance fee
Convenierice check fee
_
~ Repecteti c+anvenience e;he0k
q
~ Garrvenienr-e ch€ck stop payeneni
,
a Startdaru card replacerrrenk
~ . ~
C;`ard reinstatement
r Emergency (nush) can[i replacemerkt
~ Refum check (paYenent)
i ACH retsarn ~
~ C]ACUra+ent rettieve(
~ C7uplicate statement _
; Currency coraversian fee
' Ca+mant credit balarice fee
1,..
~ Cver-limit fee
f
~ MiSCe#laneo4lS fees
i
~ _
~ Ff61aY3ce ChaPge
1 $0.00
2.0% ($3.00 minimum)
2% o# CMeck an7c+unf ($1.SUJchock rninimurra)
KQf1
$C1.QQ
$0.00 per Card
° MdH?
$25 per card if efFectetf thrtsugh the Bank. If atiected ihrough ttee
association, Cli+ent shal( pay any fee,s charged by the associaticarg.
$15 per return
1$0.00
C7ispuWreiatetb: ffi0.00
Ncan-di,spute-reiateci: $8 per daeument
_
~ $8 per sdatement
~ I%`c surcharge {associa#ion pass through}
Ig0.00 ~....W.
$O.CitI
Norae
Prime + 2% ]s applied to the average dakly, vuPzich is calculatecf as
€ollaws: (post due balame +any new spend) f nearrsber ofi days in cycle.
VV+e'oll be charged on the cycle date.
I Basic piast6C $~,~5}
R Customer logv plastic $500 per (No fae arry new8y cdesigned Iogo; No fee ta apply a current
(og o on a new plasfic.
~ ,_..._....a,..
i
; Custarrrizeci plastwc At cast (pass-Fhevugh), baseci ocr cvmplexity of design, subjec.t to a
I 1,000 catd rnsnimum
~ . . .
I
~ 7rainfng at Bank's skte $fY.iXI (carsTomer T&E np1 includecb)
T~
= Training at yaur s%te(s) $1,55&day
Paper statem€;nts $0.40
~ Electronlc payrnent fee $t1.4t1
;Custessn reportinglmap-per prcagramminglpcast- SDC]L custom mapper; prieerJ k?y MasterCard; pass-through charge
Ecrader
. _ u......._
Page 6 of 13
I~I
Hie trans#er using F fP
~
_ , ~
Dai8y-$540.001man#h
iNeek9y-$ 250. []t7Jmanth
Bi-weekly--$125. C1Q1nac7co th
Mor,cnly-$75. noamo,tr,
i PaymentMer sex~p fee
;
waoved
~ Smartdala setUp fee
$0.00 ~
I SO'C)L (ff4fdfl7l"y+ Ck1a1Rtei1aCiG$ Cee
$50 p8t KlCGCJram peP tT14Mlth - WAIVED 8g8e7" a Pafd~ipaRlt reaGR1E°S
$500,00 ana1R6~~ ~per4d dlerrR'Cg a COClf.Mc'T Yea9'
~..w _
I SOOL. C@z3l [RtCke
~
.
$0,00
5hould 4he F'ar#icipant re4uest serviees nat in tl-ris scheduie, the Participant agrees Tca pay #he fees associated weth such services.
Pag,9 7 riSt 3
Fees Schedule - lor Programs LBsireg Bank'"s Payrr~ent et So&ut3'on
The ioilowing are the fees associated wifh our purchasing Card and single use acqqurrC progratns in the Urai#ed 5tates:
~ PRt~RAM FEEs
i
_
Annual card fee
$17.(lU
Cash advance fee
2.50/o ($2.50 rriinimum)
_ ..~.w~
I Conveniencs check fee
r ..w._.
~
2°lg vf check amraunt ($1 .50lcheck [zsinirnum)
~ ~
~ Rejectea convenience cheCk
$0.00 per pe:currence
Convenience check stnp payment
$0.00
~ 5tandard card eep6acarnerrt
$43.00 per card
~ Card reirvstatement
~
~ MUt]
Erraergency (rush) card repEacement
~
$25 per card if effecked tttrough lhe Ba
nk. If effeeted thsough the
~
.
a55ociation, Glient shaIP pay any fse5 charged ksy the assaciatiara.
I
~ Returct cbeCk (paysroen!)
$15 per rStum
~ AiCH returet
$20 pes returrl
❑C1CUE'Y1eC1t C@tA'iC.'Y&l
DiS{7Ufe^feIaFed: $0.00
N9n-dispu4earelatedr 3 crs;7y reqtaeSls firee, then $5 Fet copy sequeSi
_ ~
. Dupitcaie s#atement
_ ~
~$5 per stiatement
Gurrency r.anvsrsion fee
1°lc surcharge (associatian pass-through)
i; Dormant creciR ba6a nce fee
~
$0.00
-
( C3ver=limit fee
$0.[}E7
i tvlisceilarae+aus fess
Pass-through Charges for aihea` specraIdzEd services (case-lay-case fee)
u
~ F*1kST-DUE FEES
~
Laie fee
Cenfral Bill: 1°fo af unpaid bala'rtce at Cycle; Charge(J on CyCle daYe
€
` Fi172I1Ce CStaPge
I
Nc1ne
~DelirrquenCy fee
,
2.5°/a t3f #he fUll amouni paSt d'uF3 (30- $ 60-day+) at cycle and each
cycle thereafter: cfoarged can cynie date,
~ ~
~ CARp DESiCaFB
~
Basic plastic
$C1,Op
; Custorrter Pogq ptasEic
!
$500 per i[go fUr any rew]'y tessgrsed logo. Nv fee fvr existing logns
i
;
on new plas4dcS.
m
. ,
plastic
'
. . ,.m.e
_ $1 per r.ard, subjert ta a 1,000 card mdn6murra f
tsa any new cards
. ...d. _
~ TRA6N[Pd'G 64NCi CUAISFJLTBAlG
~
_
,
.
' i°rairwing at 8ank's site
$0.00 (custamer T&E nat ineleacTed)
I
~ Tra3nitag at ytaur site(s)
$0.00 for first session; addstional se5sipns aQ $1,550Oday
.
1 TECHNOLOGY SERV3CES
~
PaymentNet 5etup fee
WBivt*ti ~
EDl setuPAran5missoon
t,_ -
Pass-through cn al9 setttg arrtt ceveloprnenf casts
. . . ,
Page 8 oE t3
i Paper statements
;
~
WDo
_
' Etectranic payment fee
,.w._
$C}.DQ
. ~
Custom eeportingfmapper programminglpost-
S250 per hqur ($1,000 minimum)
loader
~ . ,
~ d~PTCONAL ~ROGR PfECliPdflLOGY SER4+lCES
l_....
' File transfer usirsg FTF'
Daily-$5001rreoctth
Weekly_ -$2a0#month
Bt-'NteEkly---S1 25{R1Gif'S1h
APl4nchfy~751moitth
Shauid fhe Partcipant reques! SeruiCes nCaY in tFtis schedule, the ParQicipant agrees ta pay the fees assnGiated with Such services.
RHqe 9 04 15
~XHI 1T
SINGLE USE ACCOUN"~~ ADDEND
Ira ccrnsaderatiora nf the rnutual pr6mises and upon the t+erms aard conditivns heneinY Bank wi€I tfefiiver tv khe Texas Payrnenk Gard Conscariium
Partioipant the Ne#wark Services rlmriked belovm:
Definrtiuns, 7erms defi'nei in the singular s!'ralP include the p&umi arad uise versa, as the ccsntext requ'sres.
.'Sfesgle Ll~e Aecorengsy„ means a 16-digit comrnescial card number rssueti Co the Participant irv corsnectivn with a Sittagle llse 1`ransaction
and Sgngle Use AccQUnt sFrald be ctanstrieci isr be an .4ccourd as defined 6n the Conrnerciaf Card Agreemenk,
•`6nkeltecCuai #ropeo°#y Rlghts" means patent dghts (including patent applications and disclo5ures), cn~pyrights, trad~ secrets, AAarks
(inciutiing registrabsrns and appliccatisans far registratirans &trereafi), know-how, inverations and any tathef irstellectual psoperty ot prvprietary rights
recognized in any r.ountcy or jurisdicTiean un the vvor2d.
"Network" mteans the Bank`s lntemet baseci platfomt far exclreangirg elects'onic Cammercial carol payment information siata be n the
ParfiGipanT and its suPpEiers anrl merchaert processors related tv commercial r.ard Se#tlemerrt.
"Netwcsrk SeCUr§gy Prveotlums" mean5 the digital certifir.ates, user lagon identificatians, pa5svwords, approvaa IirniPs or ather secudty
devices, vvhefiher issueti' or made available by the Bank car a third partY, faa° use hy tYae Bank armd the ~aftipani rn authentic,ating Network
users and Payment InstMctioras iniUated by the Participant via the htetrwrk.
"N cark Semvlces" rneans the software hosting services, implementation services, train[atg services, suppaart services, andlor cpnsulting
seavices, provided by the Bank tta the ParticiFSant under this Addertdum.
"Payeeten4 9nsd'racttost" means an instructian initiated by the Participant, either +ria faie integration or via the uses snterface, ta the 8ank via the
fVetvuarik requestang the Bank to prervid'e a 5ingle Use Accourrt t4 the Supplcer.
':SHragle Use Peagram„" means the c.ommercfal card managerrserrt syStem crsmpvsetl esi Single 19se Acczsun4 cantrals, and tepoeis t+a faCilitate
purchases caf and payments frsr, business goods and sentices.
°`Suppller" means an entiiy that is enrolleti in the iAletwark io excMange and proCess transacison da#a reialing ta payrnents wrsth the PartiCipant
and to teceive eommercial card payments through the fJetwrsr#.
oingle 4Jse Transaction" means a purchase, Aayment, Fee, charge tsr any crther acOwity that res:uits an a detiA to a Sing,le Use Acccaunt and
shalt Cse canstrued to kaGe a T'eansactidn as defl'ned in the Agreement.
I !ra crrnrrecYion +nrtth the PartieipanYs participation in the Single Use Program, the Paatiaipant may initiate and eequesT throwgh the Single
llse F'ragwam, 5ingle 6Jse Accourtt(s) tv kre usei fvr payment ai Skrgle Use Transactiosas and enust prouids to the Bank atl requiretl data
for p,-..;ng o4 airtgle tJse Transactidrss. 'the Sirsglt; Use Accounts are non-traras9`erable and nan-assignabde. The Single Use
AccvunCs sha[I remain the prr.aper~ty af the Bank. Parkicipants shatl meive a periodie statemen€ o€ the Single Use Accaunt Teansactivns.
The ParPrcipani shall be IiaGEe frsr sll' Sinde Vse Account Transactivns ran a9'I 5irrgle l,lse Accounts. Statenents vvili be rnade availabRe to
the Parkicipant, either defivered to a U.S address vr in electronic form.
Ruring the #emn ot this Addendum arad subje€;t t[r the Parkicipant's performance of its vhE'rgativns hereunder„ the Barrk will ma¢ntain ft
Netvieork and aliow the Partic6pant to acces,s the NetworrK ior its intemal use. The Bank reserves the right at arty time tn revise cr m€3dify
the 1Vetrwcars's functionality, specifica[icrns, andfor capaU9ibes. 7he Participant acknowleclges that the Netwrsrk excksanges Payment-
related daFa tetween Paftipant and Suppliers to effect crammercial cara9 seFtlerrkerst.
3 Subject to the tems arrd condifions af this Rciclendum, during the term hePevt, the Bank grants tcs the PartiGipanT a nonexcEusiVe rwght to
access the Network fvr the scaCe purpvse cri receiving ft NeYwora 5ecvices.
i. rhv Pert4cipan# has nv r€ght tcro provide access to the Net+nrork to any third party. The Participart may raot aceess the Network in any
manner rr€sT ccsn#enRBated hereirs, 6ncluding pcavsdirsg service hureau, tEme-shadng oe other oornputer soMces ta th'srd parties.
3. 1"he Participarvk`s rights to access the NeMora +uilt be limited trs those expressly grarst+ecl in ihis Addendum. The 8ank resefves aiP righ#s,
title and rntarest 6n and' ta the NeCwork nok expressly granted tca the Participant hsreunder.
;y The 8ank ear its Iiaensor(s) is ar+d shat4 remairs the sole antS exclusive crwner of ali of the propnetary featuees arsti functicsnali[y o4 the
Netwci+'K and Iratellectual Propergy Righis in and tca the desigrr, archifecturs, and software irriryPementathon of the !Ve .
Ex.ept tor th4sk: licenses expressly grarated hereursder, neitMer party shal1 gairt hy virtue crf this Adden,dum aray rig,hts oF oufirewshaip af
intelbectual Prap@rty R€ghts awned by the other. Bank ar iis Iicensars ShaIP sQlely own all IrstelleCtual Prdpetty Riglrts in any
enhancements, arroddtlcatians ar custarradzatiions [afi the lNetwork csr Ptetwtar6c Services and in any icEeas, ccurcepts, knaw hrnw,
dracumenCation vr techniques which ik or kts representaiives de^velvp ar prpwide under Shis ,Addendum.
paye 10 or Ta
8 . The E3ank 5ha11 have rao resppns{bitity For the Terrr35, GanditiaPas or pertomaarce of puachase, sale, or paymertt tmnsactions taetvreen the
Participant and' i1s SuppIRers. The Participant is resporssibie Bor reguJarly insgecting [ho Sirgle lJSe TransWt}an hi5tary ava'tlable via the
Ne[^woait arrd prampOy noUfying tYme Barrk af arsy errors,
q The Par@Wipant is 5[3kely nespcrnsibie for establashing, maintaining and enfarcing ds iratemal pcAicies and ptocedtare5 6n confcrrtrsity wiih
indusEry standards, tts safeguatd aga€nst the entry o#' unauEhcarized appmvals, sar Payment tnstructions into the IVetmck. Participant
agree$ ta rnaintain 1he ca¢rfidentiafaEy of tPte Network Security Procec#urss and of any passworcls, codes, digc`tal certificatesr swuafty
devttes and related instnxdvsrs t`tM` saSS of the #detwork. I€ ft Paricipant be!"teves qr sUspects that any such infomza4lon vr #nsiructions
have heen accessexf by unau#hari-ted persnns, the Participant shafd prnavipfly notity Rhe Bmrsk and wHt aa,iwise !he 8ank as ta the effect of
ths Secur+fy kweach on its inarofce at payratent processing : ures an+d Sfie Cvffeciive actions tv be taken tt7 restoCe af verify wusity
ovea payment pr~essing.
It, AiI Payr»erti tns4ructivn$ submikieci 6r3 the narrte pf Ihe Participant are subject 4c+ authentkatlgn p.arsuarst to the Network iecurty
PttacQdures. The Bank sd7ai'I proce5s ParticiqanQ's Paymer'7t 6nslructions when the Payment Iristructians are vecWmd by BanYc pursuant to
the Neiwrork Securaty Prooeciures. The Bank sha16 tae en4itlect io tely arsd ac3 wpon a!l artfiormatipn received frm tFe Participant or any
Supplier dn canroCtian with a Payrtlen# dnstreactinrr. The Participant agrees to he bound kayr any Paymer+t Inslruction, whether or na3
autrorizesi, fssue7 in tne PaeS#Cipant°s raame ana autFeert#SCated by tns eank in acrarcJlance watn the nfetwork security Arocsdures.
BA K P° A TICIP T
~
. ~ y:
sy: ~ ~ l ~ ~V 6&'~.~%"~.~%~r~
'~A
T •rRA~J~"H
N~s~e: Name: rer► L. Monteamerv
Tiaie:
~ardclpana Attestatior,;
ritle: Assista~~ Citv Manage~
~ M&C RfQUIRED N
~
`Ctte carrdersigned, a duly authorizei officor or reptesenfative of the PgrRicipAn#„ does hereksy eertify thafl the Participant has treen duly
atsthorized tQ enter inSo and perform this Addendutn and thaf the person sigrninq abqve on beha}f af the Partici~ant, whose executian of itir`s
Addendum was vnitnessed by the undersigned, is an ptrcet, Rardner, member ar vther represen1ative oF the Participant pcsssessing authcuit}t tv
execute thrs Addendum,
By:
Name:
Title
"Nate: The persan signing Ctre atEeslatiran stalt be sarrresarss diferent From Ctae person sigr+isag al7ove an k'ehaif of the PartiCipanE.
APPR(1VEI.l AS T+~ FORM AND LEGALITY
By : ~ ~
Name : MalesYaia Farmer
Title: Assistarat City Attarney
lktte5t, '
~V di
en 6x9 ~ity S q
ane 11 of 13
EXHI 1T ~
PARTICfF~ATION AGREEME T ( JPMn~GAN cwr~~E 13ANK.NA.
°CHdS PARFIGIPA71ON AGREEi41'EN1" (the "Part'rcipativn Agreement`) is rnade arstl effective tYa6s day of .
("Effective Dafe"), by anti betwe8n . a (tYae "Farkicipant") and JF'Mo€gars Chase Bank, hl.A. or Chase ~ank
USA, F#,A., as may be de#$rmdned trorn fAme to [6me, (the "Barsk") each a nationai barsking .„.„„iakion.
WITNESSETBi:
WHEREAS. pursuant ta that ceftain Crrmmercial Card' Agreement datec# as ofi [hAONTH, DF1TE, YEAR] (ihe"Gonmercial Cart9 Rgreerrsent")
betwwasen [INSEFiT CLlEfV`f LEGAL EN'CITY N,AihAE] (tfe "C6ient`) and the Bank, the Bank has agreed to pre,uide cvmrsaerciat card services to
the GIlent (Fhe"Progtam") vn the terms and cC]ftdiEivras oi the CatnmerCiai Card ,#greement, attaehed hereto and incorpocated herein as Eachibi4
I; and
VlfHEREAS, the Partieigsant desirc:s ko paflicipale in the Pragram, subject to the ferrns and' conditicans vf the Cvmmescra! Card Agreerrrent;
PlOW, THEREFC7RE, ln can5ideration eafilhe toregoing prernises and the mutuat agreerrsents„ provisians an:t ccauenarrt.s ceantaaned herein. the
parties agree ss ftslEaws:
P]efYnitlnns. Excep[ as otherwise prov'rded Eaerein, a[I capiFatlize+d terrr7s userS herein and nrsk atherwise definetf and vwhich aee defned in
the c~~~eretal card Agreement sna'o be used herein as so defined ir, the commercial c~rd Agreement.
2. RRuiuaf C3bfiga4Psaras. By their executinn of this Participakaern Agreemerat, the Participant and Bank hereby agree to be baund try ali the
ierms and csrnditions af the Camrrrerciai Card Agreement atiached hereta as ExhibiR d. This Participataan Agreement shal'f remain ira effect
according to its terrns withacat regard tea the caratinUeci exist€e,ce or enfsarceabiCity of the Comrnerda! Card AgrFrement wath r~pW tcs [he
vriginab parties theretv, AIl refere'sces ta °CGient" irr the Commerriat Card Agreemerat shall be deemei tsa canstitute re#ersnces tn the
Participartt heceunder.
VVotfaout iimit%ng the gefieral"t8y of the friregdng, the Par#icEpanF further agrees that it shaiE be respvnsable only ftar transactions arad #ar fiees,
charges arsd vther amrunis due under the Commerc"tal Card Agreement related to the use vf Acctaa.ants vf the Partacipant pursuanC to the
Commercial Card f4greenent arrd that the CI3eCt# shall nat be liable fear any such trsnsactioras and fsx any such fees, charges and cather
amounts.
. fncentives. Fnr purpvse5 af cadcuEatang rekates, Combined Charge Valume har each Partlcipant wntl begln tv accrue ors the first c1ay of
the morrth followang the ciate 4Fne Participatian Ag"mecr€ is executed,
4. Motices. NvtwithsEanding the praWisiqns caf the Caenmerciat Card Agreerraent, a9{ notaces and csther comrnunicadons required sar perrnitteti
tts te given under tfais Participatiptt AgrBemen# shali be in writing and shall be effer-five on the date crn which such natece is actuan
receaved tay the RartY tv which addressed. Ali naticces shai! 1e aenY to the address sei for#h belaw crr such other aJdress as specif'reci an a
written fcanrs feeam ane party #o the othes,
1`cs the Bank. JF'Morgan Chase Bank, N.A.
304 :aC7dikf'1 RiV@CSide PCaza, Stliie !LI-0499
Chicagcs, PL 6087tf-Q199
Attn: Carnmercial Card Gontrac#s Maraager
7o the Particr'pan4:
A4trt;
• M'sscedfaneous. This Participatian Agreement shall be gavernerf Gy and constnaed in a=rdanca wsth the subsianbve faws of the Sta#$
vf Texas, and as appficable, Cec4eraY' Iaw. The headfngs, captivns, and asrangements used s`n th€s Paaticipatiorr Rgreement are for
canven[ence on1y and shatl not atFee€ the interpretation catthis ParticipaWn Agreement. TEris ParticapaTian Agreemett may be executed `rn
any number o6 caunterparts, alI vf whickr, when taken togethar shall cranstatute one arrd the sarne dccument, and each party hereto may
execute khis F~arficipatiran Flgreement by signing any of such counteraarts.
Paqer2 gf 13
fiPV W!TNESS W6iERF-flF, the parties have caused this Participatiara Agreernent Yo t3e duly enecuted as aF the date first written above.
~ANKe
By;
Name:
1`itle
PA,FiTICfRANT:
B'p:
N,ame;
Title:
Par#.icigaant AlfitesCa#ion ,
The undursigned, a duly authorized ofCicer or repre5en4a4ive ai Participani, does her€:by certiFy 4hai Parttcipant has teen duiy authvrizecl to
erater irrtn and perfesrm thAs F'articipataon Agreerraerat and that the perst3ra signirtg aboue on kkehatF of the Participarst, vwttose execuQivn of thas
Rarticipabon Agreefnen# was witraessecf by the undersigned, is an afficer, partner, member or ather representatiue af Parkicipant possessdng
auihorityr to execute this Rarticipatfon Agreertaent..
By:
hJ'ame;
7itle
Page 13 of 13
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u: agenda item sharedagenda item shared21111 aQenda folders febniaiti 21111 febniaiti 1- 21111 4e -4649 jpmorgan p card a-ff 3-ord-Yile
4649doc ` - -
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN 1NTERLOCAL
AGREEMENT WITH THE CITY OF FORT WORTH, TEXAS AND AWARDING A
CONTRACT FOR COMMERCIAL CREDIT CARD SERVICES; REPEALING ORDINANCE
?003-?47; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAILE
EXPENDITLJRES AS SET FORTH 1N THE PARTICIPATION AGREEMENT ATTACHED
HERETO AS EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE (FILE 4649-
1NTERLOCAL AGREEMENT FOR COMMERCIAL CREDIT CARD SERVICES WITH THE
CITY OF FORT WORTH, TEXAS CONTRACT AWARDED TO JPMORGAN CHASE
BANIL, N.A.
WHEREAS, the City of Denton wishes to repeal the agreement with Banlc One entered
into on Augnist 19, 2003 (Ord. 2003-247) and replace the agreement with a similar agreement
with JP Morgan Chase, N.A. and the City of Fort Worth, Texas; and
WHEREAS, the City Manager recommends that the City of Denton authorize lum to
enter into tlus contract; and
WHEREAS, the City Council deems it in the public interest to participate in the
agreement for purchasing cards between JP Morgan Chase Banlc, N.A. and the City of Fort
Worth, TeYas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or lus desigiee, is hereby authorized to enter into and
participate in that certain agreeinent between JP Morgan Chase Banlc, N.A. and the City of Fort
Worth, Texas and by entering into that certain agreeinent between the City of Denton, JP
Morgan Chase Banlc, N.A. and the City of Fort Worth, TeYas relating to the use of purchasing
cards substantially in the form wluch is attached to and made part of tlus ordinance for all
purposes. The City Manager is further authorized to enter into and to execute any additional
contracts or documents necessary to facilitate this a~reement.
SECTION The City Manager, or lus designee, is hereby authorized to malce the
expenditure and talce actions set forth in the attached agreeinent.
SECTION 3. Tlus ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARIL A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
~
BY:
Exhibit A
I aSsw~~°;'0AN CHA"5E ~iAINK INA,
THIS PARTICIPATION AGREEMENT (the "Participation AgreemenY") is made and effective this day of
("Effective Date"), by and between City of Denton, a Texas municipality (the "ParticipanY") and JPMorgan Chase Bank, N.A. or Chase Bank
USA, N.A., as may be determined from time to time, (the "Bank") each a national banking association.
WITNESSETH:
WHEREAS, pursuant to that certain Commercial Card Agreement dated as of August 31, 2007 (the "Commercial Card AgreemenY") between
City of Fort Worth (the "ClienY") and the Bank, the Bank has agreed to provide commercial card services to the Client (the "Program") on the
terms and conditions of the Commercial Card Agreement, attached hereto and incorporated herein as Exhibit I; and
WHEREAS, the Participant desires to participate in the Program, subject to the terms and conditions of the Commercial Card Agreement;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual agreements, provisions and covenants contained herein, the
parties agree as follows:
. Definitions. Except as otherwise provided herein, all capitalized terms used herein and not otherwise defined and which are defined in
the Commercial Card Agreement shall be used herein as so defined in the Commercial Card Agreement.
2. Mutual Obligations. By their execution of this Participation Agreement, the Participant and Bank hereby agree to be bound by all the
terms and conditions of the Commercial Card Agreement as may be amended from time to time attached hereto as Exhibit I. This
Participation Agreement shall remain in effect according to its terms without regard to the continued existence or enforceability of the
Commercial Card Agreement with respect to the original parties thereto. All references to "ClienY" in the Commercial Card Agreement
shall be deemed to constitute references to the Participant hereunder.
Without limiting the generality of the foregoing, the Participant further agrees that it shall be responsible only for transactions and for fees,
charges and other amounts due under the Commercial Card Agreement related to the use of Accounts of the Participant pursuant to the
Commercial Card Agreement and that the Client shall not be liable for any such transactions and for any such fees, charges and other
amounts.
3 Incentives. For purposes of calculating rebates, Combined Charge Volume for each Participant will begin to accrue on the first day of
the month following the date the Participation Agreement is executed.
4 Notices. Notwithstanding the provisions of the Commercial Card Agreement, all notices and other communications required or permitted
to be given under this Participation Agreement shall be in writing and shall be effective on the date on which such notice is actually
received by the party to which addressed. All notices shall be sent to the address set forth below or such other address as specified in a
written form from one party to the other.
To the Bank: JPMorgan Chase Bank, N.A.
300 South Riverside Plaza, Suite IL1-0199
Chicago, IL 60670-0199
Attn: Commercial Card Contracts Manager
To the Participant: City of Denton
215 E McKinney
Denton, TX 76201
Attn: Karen Smith
Miscellaneous. This Participation Agreement shall be governed by and construed in accordance with the substantive laws of the State
of Texas, and as applicable, federal law. The headings, captions, and arrangements used in this Participation Agreement are for
convenience only and shall not affect the interpretation of this Participation Agreement. This Participation Agreement may be executed in
any number of counterparts, all of which, when taken together shall constitute one and the same document, and each party hereto may
execute this Participation Agreement by signing any of such counterparts.
Page 1 of 2
IN WITNESS WHEREOF, the parties have caused this Participation Agreement to be duly executed as of the date first written above.
BAN K:
By:
Name:
Title
PARTICI PANT:
By:
Name:
Title:
Participant Attestation:
The undersigned, a duly authorized officer or representative of Participant, does hereby certify that Participant has been duly authorized to
enter into and perform this Participation Agreement and that the person signing above on behalf of the Participant, whose execution of this
Participation Agreement was witnessed by the undersigned, is an officer, partner, member or other representative of Participant possessing
authority to execute this Participation Agreement.
By:
Name:
Title
Page 2 of 2
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 1, ?O11 Questions conceriung tlus
acquisition may be directed
DEPARTMENT: Materials Manageinent to Milce Ellis 349-8424
ACM: Jon Fortune ~
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board for the acquisition of thirteen (13)
velucles for the City of Denton General Fund Departments by way of an liiterlocal Agreement
with the City of Denton; and providing an effective date (File 4650-liiterlocal Agreement for the
purchase of General Fund Vehicles awarded to Caldwell Chevrolet in the amount of $248,230
and Philpott Ford in the ainount of $111,752 for a total award of $359,982).
FILE INFORMATION
This equipment is for two General Fund departments and the vehicles are scheduled
replacements that were previously approved during the budget process for fiscal year 2010-2011.
A list of the equipment to be purchased and the department requesting the equipment is listed
below:
ITEM #
DESCRIl'TION
AMOUNT*
DEPT/DIV
CONTRACT
1
Chevy Tahoe PPV's (Paint Blacli)
$24J83
Police
BB #358-10
1
Che« Tahoe PPV's (PaintBlack)
$24,783
Police
BB #358-10
1
Che« Tahoe PPV's (PaintBlack)
$24,783
Police
BB #358-10
1
Chevy Tahoe PPV's (Paint Blacli)
$24J83
Police
BB #358-10
1
Chevy Tahoe PPV's (Paint Blacli)
$24J83
Police
BB #358-10
1
Che« Tahoe PPV's (PaintBlack)
$24,783
Police
BB #358-10
1
Che« Tahoe PPV's (PaintBlack)
$24,783
Police
BB #358-10
1
Chevy Tahoe PPV's (Paint Blacli)
$24J83
Police
BB #358-10
1
Chevy Tahoe PPV's (Paint Blacli)
$24J83
Police
BB #358-10
1
Che« Tahoe PPV's (PaintBlack)
$24,783
Police
BB #358-10
2
Ford Cliib 1-5 Passenger Van
$37,117
Parks Rec
BB #358-10
2
Ford Cliib 1-5 Passenger Van
$37,117
Parks Rec
BB #358-10
2
Ford Club 15 Passenger Van
$37,117
Parlis Rec
BB #358-10
* Ainounts do not reflect cooperative agreeinent handling fees and service inanuals which are
estimated at $400 per purchase order and may vary depending upon the nuinber of purchase
orders issued and service manuals required.
Agenda liiformation Sheet
Febniary 1, 2011
Page 2
FILE INFORMATION
All units are powered by gasoline or diesel engines with LEV ratings that ineet or exceed EPA
standards. lii addition, the passenger vans will be up fitted with a propane fuel system to reduce
the City of Denton's carbon footprint.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
City Council approved the fiscal year 2010-11 Fleet Replacement Schedule with the adoption of
the 2010-2011 City of Denton Operating Budget. City Council approved the Reimbursement
Ordinance for the fiscal year 2010-2011 General Fund Vehicle Replacement Schedule on
December 7, 2010.
RECOMMENDATION
Award the purchase of tlurteen velucles through an interlocal agreement with Buy Board to the
vendors listed below for a total award amount of $359,981)
.
ITEM #
VENDOR
AMOUNT
1 Caldwell Chevrolet
2 Philpott Ford
Total for Vehicles
PRINCIPAL PLACE OF BUSINESS
Caldwell Chevrolet Philpott Ford
Caldwell, TX Nederlatid, TX
ESTIMATED SCHEDULE OF PROJECT
$?48,?30
$111.752
$;59,982
The delivery schedule for tlus list of equipment varies from 60 to 120 days after receipt of a
purchase order.
FISCAL INFORMATION
These velucles will be funded from the following account nuinbers:
Deaartment
Account#
Amount
Reauisition#
Police
81007946?.1355.30100
$22 48,22 30
101696
Agenda liiformation Sheet
Febniary 1, 20 11
Page 3
FISCAL INFORMATION(CONTINUED)
Deaartment Account#
Parlcs 8100764622.1355.30100
Parlcs 8100774622.1355.30100
Parlcs 810078462.1355.3 )0100
Total
EYHIBITS
Exhibit 1: Vehicle Pricing Sheets
EYlubit Contract Comparison Pricing
Amount Reauisition#
$ 37,2251 101697
$ 37,2251 101697
$ 37.250 101967
$;59,982
Respectfully submitted:
,
Antoiuo Puente, Jr., 349-7283
Assistant Director of Finance
1 _AIS-File 4o~,,
Exhibit 1
QUOTE# 001 CONTRACT PRICING
WORKSHEET
End User: DENTON COUNTY Contractor: CALDWELL COUNTRY CHEV
Contact Name: MIKE ELLIS CALDWELL COUNTRY CHEVROLET
Email: MIKE.ELLIS@CITYOFDENTON.COM Prepared By: Averyt Knapp
Phone 940-349-8410 Email:
aknapp@caldwellcountry.com
Fax 940-349-8492 Phone 800-299-7283 or 979-
567-6116
Location City & State: DENTON, TX Fax 979-567-0853
Date Prepared: JANUARY 3, 2011 Address: P. O. Box 27,
Caldwell, TX 77836
Contract Number: BUYBOARD #358-10 ITax ID # 14-1856872 I
Product Description: 2011 CHEVROLET TAHOE PPV CC10706
A Base Price & Options: $24,783
B Published Options
Code ~ Description ~ Cost I Code ~ Description ~ Cost ~
PPV, LH SPOTLIGHT, 3 INCL
KEYS
I I I ICALDWELL COUNTRY CHEVROLET I I
I I I IPO BOX 27 1 ~
I I I ICALDWELL,TEXAS 77836 I I
INCL
Subtotal B
C Unpublished Options
Code IDescription ICost ICode IDescription I Cost ~
Subtotal C
D Other Price Adjustments (Installation, Delivery, Etc...)
INCL
Subtotal D
~
E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D) 1$24,783 ~
Quantity Ordered 10
X
$247,830
Subtotal E
F Non-Equipment Charges (Trade-In, Warranty, Etc...) ~
BUY BOARD I$400 I
1 ~
G. Color of Vehicle: BLACK I
H. Total Purchase Price (E+F) 1$248,230 ~
~
Estimated Delivery 60-90 DAYS APPX
Date:
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
VEHICLES
BUYBOARD #358-10
End User: CITY c_)F DENTc_)N
Cuntact: MIILE ELLIS
Product Description: F( )RD CLT1F3 WAGt )N
A. Bid Series:
lU>
B. Published Options [Itemize each below]
Philputt Rep: ALAN WILEY 888 858-7801
Date: 4-Jan-11
A. Base Price: I $ 21,456.00 1
CUdP
I Opt1UriS
I
Bid Price I
CUdP I Opt1UriS
115 PASSENCTER CLTrE3 WAGc_)N
I
INCL I
FP IFL(_)(_)R PLAN
15.4L V8GASATTTOMATIC
I
INCL I
LI JLOTINSTTRANCE
IFR()NT/ItEARA/C HEAT
I
INCL I
127 I(TENERAL SERVICE PACKA(TE C
I AM-FM RADIc_)
I
INCL I
ISEE TrPCTRADE BELc_)W
IFT TLL SIZE SPARE TIRE
I
INCL I
I
I VINYLSEATS-RTTF3BERFL()()R
I
INCL I
IPLEASEFAXY()TTRPTTRCHASE
91('r
ILP ('rAS PFtEP KIT
I$
296.00 I
IORDER T( ) ME AT 254 865-9118
924
IPruVACY ULASS wllvnOW TrivT
I$
432.00 I
I
536
IHD TRAiLER TUW PACILAUE
~ $
268.00 1
~
FD
JFACT( )RY DESTINATT( )N
Is
98~~.oo I
I
PDI
1PFtE-DELIVERY INSPECTT( )N
I$
80.00 I
I
SI
I STATE INSPECTIc_)N
1
1 $
1
21.251
1
I
1
Bid Price
$ 429.00
$ 62.00
$ 9,,10.00
PT TRCHASE
( )FLI)ER
Total of B. Published Options: I $ 11,878.25 1
C. Unpublished Optiuns [Itemize each bf
Options
luw, nut tu exceed 25"/0]
Bid Price I Options
ITTP(TRAI)E T( ) KNAPHEIDE INSTALLED
~ Rc_)T TSH PRc_)PANE KIT
~
JESTTMATED DELIVERY IN 120 DAYS
~
~
~
~
~
~
~
9.8 "/o
Bid Price
$ 3,293.00
N()TE
Total of C. Unpublished Options: I $
D. Cuntract Price Adjustment: CTc_)VEFtNMENT Cc_)NCESSIc_)N AI),nTSTMENT
E. Delii-erti, Charges: 0 miles & $.93/mile
F. Tutaluf A+B+C+D+E=F
G. Quantity Ordered 3 t F=
R BUYBOARD Administratii-e Fee $400.00 PER PURCHASE ORDER
1. Non-Equip Charges & Credits ~
J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE
~
3,283.00
SUU.UU ~
37,117.25 ~
111,35-1.75 ~
~
400.00
~
111,751.75 ~
Exhibit 2
GONTRAGT GOMPARISONS FOR VEHIGLES
CONTRACT
DESCRIPTION
BUY BOARD
HGAC
Contract #
~ #358-10
VE03-06
Chevy Tahoe PPV's (Paint Black)
Base Price
$ 24,783.00
$ 29,981.00
color Black
$ "
$
$ 390.00
Additional items cost
$ 40.00
Additional keys per vehicle
IFL Package
$ (4,730.00)
Delivery per vehicle
$ 445.00
Subtotal by vehicle
$ 24,783.00
$ 26,126.00
Qty ordered
10
10
Subtotal of cost
$ 247,830.00
$ 261,260.00
Buy Board Cost per PO
$ 400.00
HGAC Cost per PO
$ 600.00
Total of purchase
$ 248,230.00
$ 261,860.00
Vendor:
Caldwell Country Chevrolet
Caldwell Country Chevrolet
PO Box 27
PO Box 27
Caldwell, TX 77838
Caldwell, TX 77838
Averyt Knap
Averyt Knap
aknapp(a7caldwellcountrv.com,
akna1)b(a7caldwellcountrv.com,
979-567-6116
979-567-6116
CONTRACT
DESCRIPTION
BUY BOARD
M HGAC
Contract #
#358-10
~ VE03-06
FORD CLUB VAN (15 PASSENGER)
Base Price
$ 21,456.00
$ 19,085.00
Published Options
$ 11,878.25
$ 11,375.00
S313 Passenger 2011 model 5.4
1 gas
$ 2,778.00
91 GLP gas Prep Kit
$ 296.00
Propane Kit
$ 3,283.00
$ 3,283.00
Govt Concession adjustment
$ 500.00
Delivery per vehicle
$ -
$ 300.00
Subtotal by vehicle
$ 37,117.25
$ 37,117.00
Qty ordered
Subtotal of cost $
Buy Board Cost per PO $
HGAC Cost per PO
Total of purchase $
Vendor:
3 3
111,351.75 $ 111,351.00
400.00
$ 600.00
111,751.75 $ 111,951.00
Philpott Ford
1400 US Highway 69
Nederland, TX 77627
Alan Wiley
awilev08450aol.com
409-727-1451
Philpott Ford
1400 US Highway 69
Nederland, TX 77627
Alan Wiley
awilev0845aaol.com
409-727-1451 ,
1 /24/201 1 9:05 AM 1011 GF VEHICLES.xIsBB HGAC COMPARISON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD FOR
THE ACQUISITION OF THIRTEEN (13 ) VEHICLES FOR THE CITY OF DENTON
GENERAL FUND DEPARTMENTS BY WAY OF AN 1NTERLOCAL AGREEMENT WITH
THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4650-
1NTERLOCAL AGREEMENT FOR THE PURCHASE OF GENERAL FUND VEHICLES
AWARDED TO CALDWELL CHEVROLET IN THE AMOUNT OF $2148,2130 AND
PHILPOTT FORD IN THE AMOLTNT OF $111,7521 FOR A TOTAL AWARD OF $359,982).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a desigiated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Networlc prograins at less cost than the City
would expend if bidding these iteins individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the inaterials, equipinent, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NLJIVIBER VENDOR AMOUNT
4650 Caldwell Chevrolet $248,230
4650 Philpott Ford $111,752
SECTION By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Networlc and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasinc, Networlc, the City
Manager or his designated representative is hereby authorized to execute the written contract
wluch shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Networlc, and related docuinents herein approved and accepted.
SECTION 4. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the eYpenditure of funds therefor in the amount and
in accordance with the approved purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 5. Tlus ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED tlus day of
MARIL A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r
~
BY:
4-( )RD-File 4650
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 1, ?O11 Questions conceriung tlus
acquisition may be directed
DEPARTMENT: Materials Management to Emerson Vorel 349-7460
ACM: Jon Fortune ~
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving an Agreeinent
between the City of Denton and the North Texas Uinpire Association; deterinining a sole source
and approving the eYpenditure of funds for the purchase of Certified Softball Officiating
Services available from oiily one source in accordance with the provisions of the state law
exeinpting such purchases froin the requireinents of coinpetitive bids; and providing an effective
date (File 4641-Agreement with North Texas Umpire Association in the amount per game as
specified in the agreement for an estimated award of $68,500).
FILE INFORMATION
The Agreement between the City of Denton and the North TeYas Umpire Association is to
supply officiating services for the Adult Slow Pitch spring, summer, and fall seasons for men's,
co-ed, and women's Amateur Softball Association (ASA) softball games. Each year, the Parks
and Recreation Department contacts the ASA District Commissioner to locate an ASA Umpire's
Association that would be available to umpire adult softball league games in Denton. Tlus year
and in previous years, the North TeYas Umpire Association has been the oiily association (sole
source) available for officiatint-1, sanctioned adult softball league play in Denton. Section 252.022
of the Local Governinent Code provides that procureinent of iteins that are only available froin
one source do not have to be competitively bid.
The North Texas Uinpire Association will officiate approxiinately 1,100 softball gaines for the
Parlcs and Recreation Departinent during the 2010-11 fiscal year. The Association will provide
two ASA umpires and one scorekeeper per game.
RECOMMENDATION
Award to North TeYas Umpire Association in the amount per game specified in the Agreement
attached as EYlubit ? in the estimated total amount of $68,500.
PRINCIPAL PLACE OF BUSINESS
North TeYas Umpire Association
Denton, TX
Agenda liiformation Sheet
Febniary 1, 20 11
Page 2
ESTIMATED SCHEDULE OF PROJECT
This Agreement will remain in effect through November 30, 2011.
FISCAL INFORMATION
This A~reement will be funded from Parks and Recreation account 411170.7868. Requisition
number 101390 has been entered in the Purchasing software system.
EXHIBITS
1: Sole Source Letter from North TeYas Umpire Association
Agreement between City of Denton and North TeYas Umpire Association
Respectfully submitted:
~
~
Antoiuo Puente, Jr., 349-7283
Assistant Director of Finance
i-Azs_Fiiz 4641
Exhibit 1
November 17, 2010
To: Heather Gray, City of Denton
Re: North 'Texas Umpires Assoc;iation
Ms. C"iray
The Noi-th Z'exas Unlpire s Associatian based in Denton and serves t17e lac.al softba11
associations as their afficial's facilitatar anel is the only registered ASA officials graup in
this area. The NTUA has serveci I)enton fvr rnany years and has been in good standings
each year with the Amateur Softball Assaciatian as a recognized umpire group. If you
have any qucstions please Icel free to contact ine.
Sincerely
:
V r' d
Sherry Fouich
`I"exas ASA Dzstrict
13 C"omrnissioner
Exhibit 2
AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION
DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION
The City Of Denfon Parks and Recreation Department (hereinafter "PARD") of Denton,
Texas and the North Texas Umpire Assoeiation (hereinafter "NTUA") enter into the
following Agreement:
1. CONTEST
A. The NTUA agrees to officiate and provide scarefceepers for the 2011 Aduit Slow-
Pitch Seasons for Men, Women and Coed ASA softbali games and Girls Softbail
Seasons for 14U, 12U, and '[OU Fast-Pitch, 8U Cvach Pitch, and 6U T-ball
games that are scheduled by PARD at North Lakes and Denia Softba[I Complex,
Denton, Texas.
B. The start date is March 2011 and runs through November 2011.
C. PARD will provide NTUA with a scheduie of games dep[cting leagues and their
field assignments #or the season. NTUA will reeeive this information at least one
(1) week before the season begins. PARD will alsa provide NTUA with the
league's current rules and regulations tha# are modifed from the current
Amateur Softball Assaciation (ASA) rules.
D. NTUA will schedule officials so that fhe ability level of the afficial will mafch or
exceed the leve[ af [eague play on each fie[d. NTUA will provide up to two (2)
umpires and one (1) scorekeeper for the Adult and Girls Softball Leagues for
eaeh game.
4ptimally, each field will have two (2) umpires, but when that is nat possibie
or not required, NTUA will insure that the official working alone will be a
qualified umpire,
2) The Umpire-In-Charge (UIC) scheduled for each night will ensure fhat the
officials assigned to each field are capable of working thaf partieular level ofi
pEay.
2. PAYMENT
A. In consideration of such services, PARD will pay NTUA the following rates:
1) $46.00 per game for Adult Softball Men`s, Wamen's and Coed Divisions
to provide two (2) umpires and one (1) scorekeeper.
2) $39.00 per game for the Adult Coed For Fun Division to provide one
(1) umpire and one (1) scorekeeper.
3) $72.00 per game for fhe Girls Fast Pitch Divisions to provide two (2)
umpires and (1) scorekeeper.
4) $48.00 per game for the Girls Coaeh Pitch Divisian fo provide one (1)
umpire and ane (1) scorekeeper.
5) $15.00 per game for the Girls T-Ba[1 Division to provide one (1)
scorelceeper only. If only one (1) game, $20.
AGREEMENT BETWEEN CITY OF DENTON PAItKS AND RECREATION
DEPARTMENT AND NORTH TEXAS UMPIRE ASSOC7ATION
B. Payment Determination
Both parties wiff determine the payment to be the calculated number of games
scheduled for eaeh particular league times the speeified rate af $72.00, $46.00,
$48,00, or $39.00. In instances when umpires or seorekeepers only
receive (1) game in a night, the rate will be multiplied by 1.5.
C. Schedule of Payment
PARD will make the full payment for fhe total expected amount for estimated
services no later than 14 days after the first game of each season.
D. If NTUA provides only one (1) official for a game fhat requires two (2), then PARD
will be credited $8.00 for each game that has one (1) official working alone.
This credit can be used durirtg the currertt season or during the next season.
E. If PARD gives notice of forfeifs in advance and this reduces the amount of time an
umpire is required to be at the fields, then NTUA will provide a full credit for that
particufar game. For exampls, if the first game of the day or the East game of the
day is canceled for a particular umpire, then PARD will be sntitled to a credit. [f a
middle game is canceled, wh[ch results in the umpire still needing to stay on the
fields the entire time, PARD wilf not be enfitled to a credit. PARD will give notice of
forFeits by 3:00 pm for the same day for evening games.
3. QFFICIALS
NTUA reprssents officiafs that are, or will be by the date of the contest, a duly
registered umpire wha is a member in good standing of the ASA.
4, INTERPRETATEON
The Constitution, By-laws and rules and regulations of ASA and of NTUA are
considered apart of this agreement and shall govern, except as modified by this
Agreement, anydisputes arising out of this Agreement. Both parties to the
Agreement agree ta be so baund.
A. When PARD offers a"coaches meeting", PARD will notify NTUA of the date,
time, and place of the coaches meeting. A representative from NTUA wi!l be
required to attend the meeting to explain new rules, game procedures to the
coaches, and discuss how on-field disagreements wilf be hand[ed.
5. VOlDING OF AGREEMENT
This agreement shall become null and void upon the demise of either organizatian.
This agreement may be canceled at any time by the mutual written consenf of both
parties upon 30 days written notice. This agreement is void if either parky cannot
comply with its terms.
AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION
DEPARTMENT AND NORTH TEXAS UMPTRE AS54CIATION
6. NOTIFICATIONISCHEDULE CHANGES
All noti#ieations eoneerning the provisions of the document or of schedule changes
shali be in writing fo the below address. All game changes will be given to NTUA
Assignar 24 hours prior to the change. If notification is not given in fhis fimely
manner, an additional administration fee of $3.00 per game wil6 be charged to
PARD.
A. If initial notifieation is by phane, then a written confirmation shafl thereafter be
sent within seven (7) days.
7. INDEMNIFfCATION
NTUA agrees to indemrtify, defend and hold harmless, PARD, fhe CITY, and their
employaes and officers fram and against any and all claims or actions for injuries or
damages, includ'[ng death, arising out of NTUA's perFormance under this
agreement, inciuding the negEigent acts ar omissions of the umpires provided for
under this agreement and any c[aims or actions made or brought by an umpire.
This agreement is executed to be effective as af February 1, 2011 by authorized
representatives of the parties hereto as set forth below.
City of Denton, Texas
Date
Gearge C. Campbefl, City Manager
City of Denton Parks and Recreation Departrnent
Haather Gray
Athletics Manager
(940)349-7218
(940) 349-8354 fax
~n
TO-VAS I, I
Nam4 Tifle
North Texas Umpire Association
Date b~"17-110
N~W Tifle
Date n 1 Z / ~4
Noilh Texas Umpire Assoeiation
524 N Locust, Suite A
Denton, TX 76201
(940) 898-1561
(940) 380-9235 fax
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS
UMPIRE ASSOCIATION; DETERMINING A SOLE SOURCE AND APPROVING
THE EXPENDITURE OF FLJNDS FOR THE PURCHASE OF CERTIFIED
SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE
1N ACCORDANCE WITH THE PROVISIONS OF THE STATE LAW EXEMPTING
SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE (FILE 4641-AGREEMENT WITH NORTH
TEXAS UMPIRE ASSOCIATION 1N THE AMOUNT PER GAME AS SPECIFIED 1N
THE AGREEMENT FOR AN ESTIMATED AWARD OF $68,500).
WHEREAS, Section 252.022 of the Local Governinent Code provides that
procurement of items that are only available from one source, includint"; items that are
oiily available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or boolcs; 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; and 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
NLJIVIBER VENDOR AMOUNT
4641 North TeYas Umpire Association $68,500
SECTION The City Council hereby finds that tlus bid, and the award thereof,
constitutes a procurement of items that are available from oiily one source, including,
items that are only available from one source because of patents, copyrights, secret
processes or natural inonopolies; filins, inanuscripts or boolcs; electricity, gas, water and
other utility purchases; captive replacement parts or components for equipment; and
library materials for a public library that are available oiily from the persons holding
exclusive distribution rit-lyhts to the materials; and need not be submitted to competitive
bids.
SECTION 3. 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 Purchasint"
Department.
SECTION 4. The City Manager is hereby authorized to eYecute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 5. Tlus ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED tlus the day of
MARIL A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
/
BY:
4-(_)RD-File 4641
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 1, 2011 Questions concernin~ this
acquisition may be directed
DEPARTMENT: Tecluiology Services to ILevin Guiui at 349-8595
~ Plul Williams at 349-8487
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance approving the eYpenditure of funds for the purchase of
Aiuiual Maintenance for continued vendor support of the Open Systems liiternational, liic.,
Monarch SCADA (Supervisory Control and Data Acquisition) System from only one source in
accordance with the provision for State Law exempting such purchases from requirements of
competitive bids; providing for the eYpenditure of funds therefor; and providing an effective
date (File 4645-Purchase of Annual Maintenance services for Monarch Software Paclcage
awarded to Open Systems International, Inc. in the amount of $96,760). (The Public Utilities
Board approved tlus item by a vote of 5-0).
FILE INFORMATION
The North American Electric Reliability Corporation (NERC) introduced Critical Infrastnicture
Protections Instnictions (CIPs) as inandatory cyber security regulations, intended to protect the
bullc electric grid. Critical iiifrastnictures or critical assets are any assets that, if destroyed,
degraded, or otherwise rendered unavailable, would affect the reliability or operability of the
bullc power systein.
All energy and utility organizations involved in electricity generation and transmission must
malce their facilities NERC compliant. The U. S. Federal Ener~y Re~ulatory Commission (FERC )
made the Cyber Security Standards detailed in the NERC CIPs mandatory and eiiforceable
across all private and public users, owners, and operators of the bullc power system (primarily the
bullc electricity system). Startin(y July 1, 2009, entities that fail to comply with the NERC
standards can be fined up to $1 inillion per day, per violation. The high fines levied reflect the
importance of safeguarding the reliability of the North American electric system. Denton
Muiucipal Electric (DME) is eYpected to certify as a TOP (Transmission Operator) during the
upcoming year. This will be based on TRE (Texas Reliability Entity) scheduling. DME will be
subject to follow the NERC CIl' instnictions prior to obtainin~ certification.
The NERC CIl' instructions identify DME's SCADA system as a critical cyber asset. To
properly ensure the SCADA systein is secured, Open Systeins International, Inc. (OSI) will
certify the required security software patches will not adversely affect the Monarch SCADA
System and perform the tests required by NERC CIl's by meeting NERC audit requirements and
also providing sound vulnerability management practices that ensure our critical assets are
protected.
Agenda Inforination Sheet
Febniary 1, 20 11
Page ?
FILE INFORMATION (CONTINUED)
In addition, OSI's solutions for energy and utility entities meet the Cyber Security Standards
required to aclueve NERC CIP compliance Chapter 25? of the TeYas Local Goveriunent Code
exempts from the competitive bid process, those supplies and resources protected by copyri~ht or
patent and available from only one source. Open Systems International, Inc. is the sole source
vendor providing maintenance and continued vendor support for Monarch SCADA software. A
sole source letter verifying tlus is included as EYlubit
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board recommended approval of tlus item at its January 24, 20 11 meeting.
Council approved the original purchase of the Bid 4074 for the SCADA Systein to OSI on
Deceinber 2, 2008, for $203,419.
RECOMMENDATION
Award to Open Systems International, Inc. in the amount of $96,760.
PRINCIPAL PLACE OF BUSINESS
Open Systeins International, Inc.
Miiuieapolis, Miiuiesota
ESTIMATED SCHEDULE OF PROJECT
Services are being provided for the time period of Febniary 1, 20 11 through October 31, 2011.
FISCAL INFORMATION
Funding for tlus item is budgeted in the FY2010-11 Tecluiology Services operating account
nuinber 600002J899.5880. Requisition # 101553 has been entered in the Purchasing software
systein.
EYHIBITS
Attachment 1: Quote
Attachinent 2: Sole Source Letter
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
i-Azs_Fiiz 4„4;
Exhibit 1
k°~
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BiII To:
Denton Municipal Electric
215 E McKinney Street
Denton, TX 76201-4299
USA
Attn: Accounts Payable
Reference: DME2010-004-Rev3
Contact: Eric Bruggemann
Quotation
Quote Number:
QT00002217
Date:
December 10, 2010
Ship To:
Denton Municipal Electric
215 E McKinney Street
Denton, TX, 76201-4299
USA
Attn: Melissa Kraft
Terms: Net 30 Days
Description Qty
Unit Cost Unit
Extended Cost
Oation #1 - Backua & Recoverv Consultation
Project Implementation
System Recovery Plan Consultation 1
10,625.00 EA
10,625.00
- OSI Engineers will provide a report detailing the steps DME needs to take on a
periodic basis to backup the SCADA system along with the necessary steps to
restore from a system failure.
Project Implementation Subtotal:
10,625.00
Option #1 Total:
10,625.00
Oation #2 - Addition of Cisco 3560 Switch to Patch Manaaement Services
Software
Cisco SMARTnet Subscription for the 3560 Switch 1
230.00 EA
230.00
- Re-Occurring Annual Fee for Access to New Patches/ Updates
Software Subtotal:
230.00
Project Implementation
Addition of Cisco 3560 Switch to Patch Management Services 1
5,400.00 EA
5,400.00
- Includes Discovery, Testing and Results of Cisco 3560 Security Patches on
DME's Test System.
Project Implementation Subtotal:
5,400.00
Cisco 3560 Switch 1
1,524.00 EA
1,524.00
- One Time Fee for Addition to DME's Test Patch Management System
Subtotal:
1,524.00
Option #2Total:
7,154.00
Oation #3 - Addition of Cisco ASA 5520 Firewall to Patch Manaaement Services
Hardware
Cisco ASA 5520 Firewall 1
5,880.00 EA
5,880.00
- One Time Fee for Addition to DME's Test Patch Management System
Hardware Subtotal:
5,880.00
Software
Cisco SMARTnet Subscription for the ASA 5520 Firewall 1
550.00 EA
550.00
- Re-Ocurring Annual Fee for Access to New Patches/ Updates
Software Subtotal:
550.00
Open Systems International, Inc.
3600 Holly Lane North, Suite 40, Minneapolis, MN 55447-1286
Phone: (763) 551-0559 Fax: (763) 551-0750
Email: info@osii.com http: www.osii.com Proprietary and Confidential
k°~
~
BiII To:
Denton Municipal Electric
215 E McKinney Street
Denton, TX 76201-4299
USA
Ship To:
Denton Municipal Electric
215 E McKinney Street
Denton, TX, 76201-4299
USA
Attn: Accounts Payable Attn: Melissa Kraft
Reference: DME2010-Q04-Rev3 Terms: Net 30 Days
Contact: Eric Bruggemann
Project Implementation
Addition of Cisco ASA 5520 to Patch Management Services 1
- Includes Discovery, Testing and Results of Cisco ASA 5520 Firewall Security
Patches to DME's Test System.
Project Implementation Subtotal:
Option #3Total:
Oation #4 - Monthlv Remote Patch Installation
1 Year of Monthly Remote Installation of Microsoft Security Patches
Includes Security Patches for Microsoft Windows XP Pro, Server 2003 & SQL 2005
Work Performed by OSI:
- Monthly Preparation & Planning
- Monthly Remote Installation of Microsoft Security Patches on DME's SCADA
System
- Monthly Installation of Microsoft Security Patches on DME's Patch Management
Test System (at OSI)
15% End of Year Customer Appreciation Discount
Discount:
Subtotal:
Option #4Total:
Oation #5 - Antivirus Software & Remote Installation
Software
McAfee EndPoint Protection Antivirus
Includes 1 Year of Support
- 11Agent Minimum
- 4 Server and 7 Client Licenses
Project Implementation
Antivirus Remote Installation, Configuration & Training
All Work Performed Remotely from OSI
- Preparation, Planning & Project Coordination
- Remote Installation, Configuration & Testing
- Remote Training
- Post Implementation Support & Q/A
Software Subtotal:
Project Implementation Subtotal:
Option #5Total:
Option #6 - Pre NERC-CIP Audit
Open Systems International, Inc.
3600 Nolly Lane North, Suite 40, Minneapolis, MN 55447-1286
Phone: (763) 551-0559 Fax: (763) 551-0750
Email: info@osii.com http: www.osii.com
5,400.00 EA
49,660.00 EA
7,449.000
1 570.00 EA
1 7,200.00 EA
Quotation
Quote Number:
QT00002217
Date:
December 10, 2010
5,400.00
5,400.00
11,830.00
49, 660.00
7,449.00
42,211.00
42,211.00
570.00
570.00
7,200.00
7,200.00
7,770.00
Proprietary and Confidential
k°~
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Quotation
Quote Number:
QT00002217
Date:
December 10, 2010
BiII To:
Denton Municipal Electric
215 E McKinney Street
Denton, TX 76201-4299
USA
Attn: Accounts Payable
Reference: DME2010-Q04-Rev3
Contact: Eric Bruggemann
Project Implementation
Pre NERGCIP Audit
Work Includes:
From OSI
- Project Management, Preparation & System Review
- Post Audit Documentation Compilation & Report Generation
Work at DME:
- Onsite Pre NERC-CIP Audit Activities
15% End of Year Customer Appreciation Discount
Ship To:
Denton Municipal Electric
215 E McKinney Street
Denton, TX, 76201-4299
USA
Attn: Melissa Kraft
Terms: Net 30 Days
Discount:
Project Implementation Subtotal:
Option #6Total:
Other
Special Terms and Conditions
1) Quote Assumptions Are as Follows:
- DME will provide all third party hardware, software, licensing and
configuration not specifically mentioned in this quote.
- DME shall have dedicated personnel assigned to assist in the installation
and implementation effort.
- DME shall provide all relevant system information required for the work as
needed.
- If necessary, quote assumes DME will handle any custom display and database
work, and will test and verify all external links and interfaces.
- Quote assumes DME will provide remote access to server and console hardware
if needed (VPN, Remote Desktop Connection, etc.).
2) Option #2 includes OSI testing of the latest Cisco 3560 patches and then
reporting the results back to DME. Should DME wish to install the Cisco
patches, DME must maintain Cisco SMARTnet support on the 3560.
3) Option #3 includes OSI testing of the latest Cisco ASA 5520 patches and then
reporting the results back to DME. Should DME wish to install the latest Cisco
patches, DME must maintain Cisco SMARTnet support for the ASA 5520.
4) Microsoft SQL Server and Windows Patches will be installed on the test system
at OSI prior to being installed on DME's SCADA system. (Option #4)
5) Option #6 assumes that DME will compile and supply all applicable documents
and supporting policies that are prepared for NERC requirements.
6) Option #6 assumes DME will work with OSI to schedule personnel interviews
during the onsite audit.
7) For Option #6, OSI will provide a post-audit report approximately 2 weeks
after the onsite work concludes.
8) For Option #6, the Pre NERC-CIP audit does not necessarily project or
guarantee the results of an actual NERC-CIP audit.
9) In order to receive the 15% End of Year Customer Appreciation Discount, quote
must be accepted by January 31st, 2011.
Open Systems International, Inc.
3600 Nolly Lane North, Suite 40, Minneapolis, MN 55447-1286
Phone: (763) 551-0559 Fax: (763) 551-0750
Email: info@osii.com http: www.osii.com
20,200.00 EA 20,200.00
3,030.000 3,030.00
17,170.00
17,170.00
Proprietary and Confidential
Quotation
v,
~
Quote Number:
QT00002217
Date:
December 10, 2010
BiII To:
Ship To:
Denton Municipal Electric
Denton Municipal Electric
215 E McKinney Street
215 E McKinney Street
Denton, TX 76201-4299
Denton, TX, 76201-4299
USA
USA
Attn: Accounts Payable Attn: Melissa Kraft
Reference: DME2010-Q04-Rev3 Terms: Net 30 Days
Contact: Eric Bruggemann
Payment Milestones:
Option #s 1- 5: 100% Upon Receipt of Purchase Order
Option #:6 50% Upon Receipt of Purchase Order; 50% Upon Completion of Project
Comments:
Please Review all Terms and Conditions Order Discount: $10,479.00
Total Cost: $96,760.00
Total Includes Quoted Options
Open Systems International, Inc.
3600 Nolly Lane North, Suite 40, Minneapolis, MN 55447-1286
Phone: (763) 551-0559 Fax: (763) 551-0750
Email: info@osii.com http: www.osii.com Proprietary and Confidential
k°~
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Quotation
Quote Number:
QT00002217
Date:
December 10, 2010
BiII To:
Denton Municipal Electric
215 E McKinney Street
Denton, TX 76201-4299
USA
Ship To:
Denton Municipal Electric
215 E McKinney Street
Denton, TX, 76201-4299
USA
Attn: Accounts Payable
Reference: DME2010-Q04-Rev3
Contact: Eric Bruggemann
Attn: Melissa Kraft
Terms: Net 30 Days
Terms and Conditions
1. This quotation is valid for 30 days, unless otherwise agreed.
2. Travel costs are not included in this quote. All travel and associated administrative costs will be billed as incurred.
3. All quoted prices are in US Dollars unless otherwise noted.
4. OSI will schedule all work upon receipt of the purchase order subject to OSI's resource availability.
5. Unless otherwise stated, Customer shall pay all applicable shipping.
6. Training, if applicable, will be provided at OSPs facility, unless otherwise agreed.
7. Quoted price does not include applicable taxes.
8. Customer shall provide all relevant system information required for the work as needed (i.e. databases, displays, reports, IP addresses,
networking information, RTU channel information, etc.) and shall be responsible for all delays caused by Customer's failure to do so in a timely
manner.
9. Unless otherwise stated, Customer will have dedicated personnel available to assist OSI in the work.
10. OSI does not guarantee that third-party goods will be available at time of quote acceptance. If third party goods are not available, upon
Customer's authorization, OSI will provide suitable replacements and bill any resulting cost differences to the Customer. Failure to timely
authorize replacements may result in delays and/or need to re-quote.
11. When applicable, Customers subscribing to Gold or above Support Plans may be entitled to new software version updates without charge.
With the exception of Diamond Plan subscribers, the Customer will be responsible to pay for any engineering services required
to implement the software upgrades.
12. Unless otherwise agreed and quoted, Customer is responsible for all preparations for OSI's installation of software, hardware or services
and any post-installation compatibility testing and compliance issues.
13. Customer will provide adequate environmental and power conditions onsite, unless otherwise stated.
14. Cutover is defined as the quoted functionality being operational with no outstanding critical incidents.
15. Any Quote(s) for system upgrade services require(s) that at the time of actual implementation Customer has a valid premium monarchT"^
Support plan which includes software upgrade privileges and that the system size or scope does not change dramatically between the
issuance of the quote and implementation of the service.
Notice: OSI's quote is based upon Customer's acceptance of all applicable Terms and Conditions. Requests for additions
to, deletions of, or different Terms and Conditions, may require a revised quote and/or additional costs or schedule delays.
Open Systems International, Inc.
3600 Nolly Lane North, Suite 40, Minneapolis, MN 55447-1286
Phone: (763) 551-0559 Fax: (763) 551-0750
Email: info@osii.com http: www.osii.com
Proprietary and Confidential
Exhibit 2
( )pLrl sy{,(i:~~is Irltermitiona15 jnc.
4600 Ho1ly L~~~ic ivorth. ",4iite 40
'~~inracap+) (is. M N 5 _5 ~ 0 t-12 8 6
DeEtr Sir ot= Madam:
Your° tiriiz ha> beeii sefeetcd ;:zs a vestdo,r pr•c>vidi~~~ ~~~~~~ILL1I i~~"6ntenai7ce and cc,ntic~~~ed
venclor suppor-t c?f 41~~ monarch'"' SCA1~~ SOftWLII'e c~11d associaied softvware moc[uIes.
YOU haVc~ ~~id.icated to tis tCzat vou are t;lie onIy existimy ve1ic[c,r o1 this;~tl~ese commoclitics.
DLIC to -st6ett,itoi`y rcqLtirettients, LInlesS you at-e the "sing1e or sol~ sottr~e- of this/tl-icsc
c«si1ii>oditi~~ ~~e must bid thei1° pt°oc:ut~~~~~ent cot~~petitivelt'. tiingIe sotircc, in (his cas~,
mcam that },'OLI M~~ ~~~e On1V Cd:7rnpa.ny t:li~~~ ~ ~~i supplv t« with thi~ commc,dity. We are
t°eqLlired to c«nfit°tii this stattts ANith you, .I'1ease i-eq1snricl <ls neceswcjry tc, Llica following
C~~~estioiis ancl a-Ct~IrIl tlliS sheet tO e« N ict [ T.S. NIail «r fi~IX. C~.t[] 'I:f VOLt I~~~~ e an\ questions.
1. t'1re wO« tl-ic sc?(e oiA sing1~ sourc°c vendor l`car the c..ommoditi~~ ~ic-$riled abcrve'?
_X ~'C~ No
Is ther~ any other ve~~dor that 4>ffers this ~ervice'."
Y~~ ~ No
I1~ yot.t ar~ ~iot the sirl~~e sctittx`i°e vencRor of C:his scrvzce, .p1i~ase 1ist the t:atlicr vciiclot~s we
iiee(i tc> ccst~tact lt7~~ ~~lds:
lt yotc Ltr7swered c7uestion~ ahove, ~~s 1-1 sitl~Ie scILrree veitdor, please sign b~low t<, certify
~iRlL+t 4 oli ar'-' the Jr~_`Ei~c`ll"~ tYa`e111.,, Irl~~tCYi,a! @_uturp
Karen Stiiitf7. Seriior BILrver
901 I:1 Texas Stc•eet
Demt,n. 1~X 7620
to. C~)40r ;4~x 7:;E)'
( ~Cmt'% tI7at c arC the ~~~IC S4~~~~~~~C u[ ti~ic ah~~vc li.~ted cotmnouj~j~ tbE~ ()cl~ti
r,
CP ~ ~ . ~
~ y,.
i raccl: - i , 1i~':;
~ i
E'~ ~ y
~tv~tt~~~.~.. [
~ C
, ~ i` R , E ~c:~.e
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITLJRE OF FUNDS FOR THE
PURCHASE OF ANNLJAL MAINTENANCE FOR CONTINLJED VENDOR
SUPPORT OF THE OPEN SYSTEMS 1NTERNATIONAL, 1NC, MONARCH SCADA
(SUPERVISORY CONTROL AND DATA ACQUISITION) SYSTEM FROM ONLY
ONE SOURCE 1N ACCORDANCE WITH THE PROVISION FOR STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; PROVIDING FOR THE EXPENDITLJRE OF FLJNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 4645-PURCHASE OF ANNLJAL
MAINTENANCE SERVICES FOR MONARCH SOFTWARE PACILAGE AWARDED
TO OPEN SYSTEMS 1NTERNATIONAL, 1NC 1N THE AMOUNT OF $96,760).
WHEREAS, Section 252.022 of the Local Governinent Code provides that
procurement of items that are oiily available from one source, including; items that are
oiily 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 oiily from the persons holding eYClusive distribution
rights to the materials; and 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
NLJIVBER VENDOR AMOUNT
4645 Open Systems International, Inc. $96,760
SECTION The City Council hereby finds that tlus bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including,
items that are only available from one source because of patents, copyrights, secret
processes or natural monopolies; films, manuscripts or boolcs; electricity, gas, water and
other utility purchases; captive replacement parts or components for equipment; and
library inaterials for a public library that are available only froin the persons holding
exclusive distribution rights to the materials; and need not be submitted to competitive
bids.
SECTION 3. 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 Purchasint"
Department.
SECTION 4. The City Manager is hereby authorized to eYecute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 5. Tlus ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED tlus the day of
MARIL A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
/
BY:
4-(_)RD-File 464~
1 DRAFT MINUTE S
? PUBLIC UTILITIES BOARD
3 January 24, 2011
4
5 After deterinining that a quoniin of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, January 224, 220 11 at 9:04 a.m. in the Service Center Traiiung Rooin, City of Denton
8 Service Center, 901-A Texas Street, Denton.
9
10 Present: Chair Diclc Smith, Vice Chair Bill Cheelc (departed at 10:45), Bill Gnjbbs, Phil
11 Gallivan, and Barbara Russell
1?
13 Ex Officio Meinber:
14 George Cainpbell, City Manager
15 Howard Martin, ACM Utilities
16
17 Absent: Jolui Baines eYCUSed, Randy Robinson
18
19 OPEN MEETING:
?0
? 1 ITEMS FOR INDIVIDUAL CONSIDERATION:
22
?3 1) Consider a recommendation of approval of an ordinance approving the eYpenditure of funds
24 for the purchase of annual inaintenance for continued vendor support of the Open Systeins
25 International, Monarch SCADA (Supervisory Control and Data Acquisition) systein froin
26 oiily one source in accordance with the provision for State Law eYempting such purchases
27 from requirements of competitive bids; providing for the eYpenditure of funds therefor; and
28 providing an effective date (File 4645-Purchase of Annual Professional services for Monarch
29 Software Package awarded to Open Systems International, Inc. in the amount of $96,760).
30
31 Item 41 was pulled by Board Meinber Gallivan. Gallivan aslced the question- is the $96,760 for
32 inaintenance only or does it includes upgrades. ILevin Gunn, Director of Technology Services
33 and Phil Williams, General Manager DME, were available to answer those questions. Williams
34 stated that the NERC requirements cause you to have to have a check on any patch that is put on
35 to a system and they have to make sure it isn't in conflict between the systems. This item is for
36 checking to make sure the patches that are put on the SCADA system will have the security that
37 is needed. Gunn stated that it is an ongoing certification by the vendor that the software patches
38 and the upgrades that are being applied to the equipment will not adversely affect the equipment.
39 Tlus is an ongoing process. Montlily, quarterly, and aiuiually, a company comes out with
40 software or firiner updates that need to be applied. It is not only SCADA but Microsoft, and
41 Cisco. The vendor will apply those patches throutlyh a test system and certify to us that they will
42 not adversely affect the SCADA system before we go and apply them to our production system.
43 Guiui stated that tlus will be a recurring eYpense. As a result of the increased regnilatory
44 requirements being placed on DME, we have critical infrastnicture protection instnictions that
45 have to be complied with that require this certification before applyint', the patches to the
46 production system. If you apply patches and they bring the production down, you are subject to
Draft Minutes of the Public Utilities Board Meeting
January 24, 2011
Page 2 of 2
1 fines and penalties. We are getting that level of certainty that we are not going to bring down the
? SCADA system.
4 Board Member Gallivan moved to approve item 1 with a second from Board Member
5 Russell. The motion was approved by a 5-0 vote.
6
7 Adjournment was at 11:04 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 1, ?O11 Questions conceriung tlus
acquisition may be directed
DEPARTMENT: Materials Manageinent to Milce Ellis, 349-8424
ACM: Jon Fortune ~
SUBJECT
Consider adoption of an ordinatice approving the eYpenditure of funds for the reftirbishment of a
Quint Aerial Fire Tnick for the City of Denton Fire Department available from only one source
in accordance with the provision for State Law exempting such purchases from requirements of
competitive bids; providing for the eYpenditure of funds therefor; and providing an effective date
(File 4652-Purchase of Services and Materials for Refurbislunent of Aerial Fire Tniclc awarded
to E-One in the amount of $352,330).
FILE INFORMATION
The City of Denton's 1999 Quint Aerial Fire Apparatus is scheduled for replacement in fiscal
year 2010-2011 due to 10,567 service hours and increasing maintenance and repair costs. The
purchase of a new replacement Quint with comparable equipment would cost approximately
$750,000.
Fleet Services has examined various options for extending the life of this piece of apparatus as an
alternative to replacing the tniclc. Several area fire departments have utilized the reftirbishment
process for upgrading fire apparatus. Tlus process includes installation of remanufactured
engines and transmissions, several National Fire Protection Agency (NFPA) upgrades such as
aerial reftirbishment and certification, new exterior emergency lighting, new interior components
to meet noise and safety standards, and a complete repainting. lii order to maintain compliance
with NFPA 190, tlus uiut will need to be refurbished by the original manufacturer, E-One.
Chapter 252 of the Texas Local Governinent Code exeinpts froin the coinpetitive bid process,
those supplies and resources protected by copyright or patent and available froin only one
source. Since E-One is the original manufacttirer of the tnick, they are considered a sole source
for the refurbislunent. A sole source letter verifying tlus is included as EYlubit
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
City Council approved the fiscal year 2010-2011 Fleet Replacement Schedule with adoption of
the fiscal year 2010-2011 City of Denton Operating Budget. City Council approved a
reimbursement ordinance for the fiscal year 21010-21011 General Fund Velucle Replacement
Schedule on Deceinber 7, 2010.
RECOMMENDATION
Award the reftirbishment of Quint Aerial Fire Apparatus (FD9964) to E-One in the amount of
$352,330.
Agenda liiformation Sheet
Febniary 1, 20 11
Page 2
PRINCIPAL PLACE OF BUSINESS
E-One
Lewisville, TX
ESTIMATED SCHEDULE OF PROJECT
The refurbishinent of the Quint Aerial Fire Apparatus will talce an estiinated 120 days.
FISCAL INFORMATION
Tlus project will be funded from account# 81006646?.1355.30100. Requisition#101710 has
been entered in the Purchasing software systein.
EYHIBITS
Exhibit 1: E-One Factory Service Center Refurbish Quote
Exhibit 2: Sole Source Letter
Respectfully submitted:
1
\
Antoiuo Puente, Jr., 349-7283
Assistant Director of Finance
1 _AIS-File 4o~2
Exhibit 1
[~~:c~~~~~~~~~
«u ~
1601 SW 37th Ave
Ocaia, FL 34474
352-861-5149fax
Customer: Denton TX Fire Department
Dealer: Hall-Mark TX
sra 20195
Prepared by: Alex Gombar
Project Summary: fiP75 refurbisfiment
Catalao Number Descriotion
1-005 Radiator & Cooling Upgrade
1-008
Suspension rebuiid, front & rear
~sinqEe)
1-100-E
~Engine, re-man S60
1-100-T
Transmission, re-man HD4060P
1-200
Steering, bali joints (6)
1-900
IWneel Aiiqnment & Road Test
2-001
IA/C Upqrade
2-002-4
(Seats (4), cab
2-003
IUphoisteev, cab
2-004
Dash,cab
2-005
Door paneis SS, cab
2-006
ISeat belts, cab
3-011
~Grab handtes, eab & body
3-020
iTailboard
3-023
Rear Fender, drfver side
3-1340
Body, rear smoath plate
3-052
IHose eetention system (2)
4-002
IPump Test, in-service
4-017-06
IPump Seal, mechanical
4-600
~Foam System, 3.3 Hale Faam Logix
4-601
IFoam Test
5-100
Electrieal system & daar ajar sw
5-200 IDash etectrical
12 ~I ~Q I? Z ~~~.w (~Da (:~4.
Extended Description
Qate of Quote: 01f11111 !
Quote Expires: 02/25111
e
Price
~Re-core radiator, replace coolant hoses with si{icone type and I
constant tQrque damps.
'Rebuiid front & rear suspension; to inelude springs, hangers, (
pin, bushinqs, u-botts & shocks.
IReplace engine with re-manufactured. Ineludes 2 year ~
warranty.
IReplace transmission with re-manufactured. Includes 2 year I
warrantY.
I Replace ball joint ends on drag link, steering arm, & assist ~
Ccvlinder.
IAll wheet aliqnment and road test_ ~
~ Reqlace & upqrade A/G system.
( Replace & upqrade driver, officer, 2 rear facinq seats. ~
IReplace & upqrade all cab interior upholsterv.
►Repface & upgrade existinq cab dash & dash panels. I
Replace & upgrade interior cab door panels with SS paekage; I
includinq door trim, severe dutv paekaqe.
Cipqrade all seat betts wlred stvte & new receivers. 1
Replace & upgrade all euterior cab & body grab handles wifh I
current productian style.
I Replace tailboard with new current production style gator grip I
design.
Replace driver side rear diamond pfate fender well and trim
Irinq. ~
i Replace treadplate on rear of body with smoath aluminum for ~
Chevron striping.
I lnstait NFPA hose reEention system for hosebed, & crosslay. ~
Color. TBQ
!Third party in-service pump test. (
Ilnstall mechanical pump seal. ~
iReplace existing foam system with 3_3 Hale Foam Logix ~
Foam System.
IThe foam system pertormance shall be tested and certified in I
fcompiiance with 2009 iVFPA 1901.
PerForm electrical system inspection. Replacelrepair any
damaged wiring, connections and swri4ches. Repiace al( dooe
aiar switches with new.
Replace dash instrument Guster, qauqes, & switches. ~
3,500
9,500
28,500
11,900
750
600
6,900
3,1001
4,400 i
3,600
i
2,750 ;
1.650~
750t
1,750 i
1,331
~
2,500
2,1001
1,5001
1,150!
16,7991
500
3,60(l
4,2001
Denton TX S0#20195 Refurb Quote revA.xls Page 1
15-600-A Light PKG Aerial; Waming & QOT
Replace existing lightbars on cab with twa (2) Wfiefen Mini-
16,500 i
Freedom model FT8RRRF 24". Locatian: eaeh side front of
the cab on a 45 degree and two (Z) Wheten Mini-Freedom
model FT8RRRRF 28"each side between cab doars, centered
above canopy window. Lenses: Clear Repiace upper waming
(ights on rear of body (2) with Whelen L31 LED lights
redfamber. lfpgrade existing lower level waming lights vdith
LED equiva(ent to indude Whelen 600 Super LED series (12)
mounted in ironf tum signal bezel, rear fender area above
drive axde, gravet shieid, cab b-panel, rear beaver tail, and
~
rear body in cast 4 bezei. Wheien 500 LED series (2)
mounted in rub-rail mid-ship. Upgrade ebsting DOT lights
with LED equivalent to indude 600 series east 4 bezel on rear
of body- with LED stopttail, popuiated arrow LED direcfional,
and LED reverse. A!i cablbody marieerlclearance Iights will he
reptaced with LED. Front directionaPs wi(1 be repfaced with
populated arrow LED.
5-700 Generatar, 10KW HYD C}nan
~E2eplace e~tisting generator w/ 10KW hydraulic driven Onan;
25,700
Locafinn TBD.
~
6-000-C 12-lackleg upgrade
12 jackleg upgrade, per spec ~
50,000
6-000-F 175'!80' aerial upgrade wJwatenaaY
175'!80` aerial upgrade wJwaterwaY, per spec I
115,0001
8-100-B Paint - repainf aeriai body
Repaint body - inc, strip all necessary components, Ifs., trim,
14,500 l~
etc., strip/build doors, inspecf all hardware, replace atl seats,
~
reweld all minor cracks in body and daors, replacement of
drip raiis, replace compartment daor stays with gas strtrts,
repface all compt door d-rings wifh eurrerrt style (weld all 4
'
holes ea dr), & all minor body work. Paint Calor: TBD
i
8-1 00-G Paint - repaint custom cab 2-tane
Repainf cab - ine. strip all necessar}t components, Its., trim,
12,500'
etc., striptbuild daors, inspect all hardware, replace eab door
handles and latch assy, repEace window regulatars & cranks,
replaee all seals, window trim, weid all minor cradcs, all minor
body work, & repaint 2 tone to originaf color. Instatl scuff
ptates by daor handles after paint. Overtay top & baetc of cab
with diamond plate. Paint Golor. TBD
~8-500 ~Chevran, rear badY
IChevron rear body. Colar. TBD ~
1,200!
8-501 IChevron, cab door lower half
lChevron fower half of cabs SS door panels. Color. TBD ~
500
8-800 IGraphocs - existinq
INFPA stripinp, praphics, & letterinq to matcfi current. ~
3,200
Transportation costs: TBD
Totaf: 352,330
ON UNITS WITH FORM TANKS; ALL FORM MtJST BE REMOV
" ED ANQ THE SYSTEM FLUSNED PRIOR TO SFftPMENT Tf} E-QNE.
iF THIS fS NOT DONE, WE WILL DISPdSE OF THE FQAM AND AN ADD(TIONAL HAZARDOUS WASTE DISPOSAL CHARGE SHALL
BE APPLiED TO YOUR ORDER 6ASED ON ENVIRONMENTAL REG2UIREMENTS.
This is an estimate of repairs onty. E-One Inc. reserves the right to submit for additional parts and tabor charges should it be required
during tMe actual repair process of the vehide due to hidden or unforeseen damage.
Painf repairs to the unit may not be an exact match based on age, condition of the unit and changes in paint manufacturers.
Payment terms for all repair work: CQD: Balance paid in full prior to shipment.
Quotation validity: 45 catendar days fram date quoted.
_
1 hereby authorize the above repair work to be perEcarmed along with the necessary materiais, and hereby aufhorize E-QNE Inc. and if"s
emplayees permission to operate my apparatus herein on the streets, highways or elsewhere for the purpose of 4esting andl or fnspection.
An express mechanic's lien is hereby acknawledged on fhe above apparatus to secure the amount of repairs.
PRINTED NAME: SIGPlATURE: ~ I
Dentan TX &Q#20195 Refurb Quote revA.As Page 2
✓ All hydrauiic jack leg cylinders will be remaved and replaced with current production sfiyle cylinders; the cylinders
wilf be painted before installation.
✓ All jack leg pins, bushings and bearings will be replaced.
✓ The existing jack leg weldment(s) will be modified as required for the installation of a new electric over hydraulic
jack deployment control system.
✓ The jackleg weldment(s) will be sandblasted and re-painted.
✓ New nylatrnn and bronze pads wiii be installed in each jack leg assembly, if applicable.
✓Current praduction hydraulic jack deployment system will be retrafitted in place of the existing controls.
✓ The new system will ailaw for the individuai operation of each jack leg for deployment. The control af each jack
leg shall be done by an electric switch mounted at the rear of the vehicle.
✓ The existing chassis hydraulic system will be removed and a new system that will include all required electrical
harnesses, valves, and hydraulic lines.
~ The hydraulic reservoir will be drained and thoroughly flushed and new ball valves installed. New hydraulic fluid
and filters installed.
✓ The hydraulic pump and emergency pump(s) will be replaced.
✓ Newjack leg covers and LED warning lights shalf be instalied.
The jeck leg system will then be reassembled, reinstalled nnto the chassis and proper adjustments made.
The unit will be third party tested and certified to the standard that was in afFect at the time the unit was
originally manufactured.
Should any major repairs or repiacement of jackieg camponents be required (e.g. jackleg weldments); the fire
department shall be notified af any additionaf cost prior to repair or replacement.
Any companents that are not factory installed will not be reinstalled an the unit and wili be shipped back with
the unit.
Rev: 03125/08
F cto e ice enter
rial Upgrade ecificafivn:
Upon receipt of the vehicle a complete functional evaluation of the aerial device. The aeriai device will then be
removed from the chassis turntable, completely disassembled for inspection arrd evaluation including the
platform (if appiicable). The following upgrades will be performed.
✓Breathing Air (if appficable)- Replace all hoses, regulator(s), filter(s), switches, guides, alarm, and any decals.
✓ Platform (if appl"rcable)- The entire piatform will be disassembled and inspected. ATP panels, steps, catwalk
materiai, water curtain, nozzles, door bumpers, dack bumpers and butterfly valve will be replaced. The
discharge valve(s) will be rebuilt and the basket re-swirfed.
✓ Hydraulics- Ali aerial hydraulic cylinders will be removed and replaced with new cylinders; the cyiinders shail be
painted befare installation. All hydraulic hnses located in the base section and turntable shail be replaced with
new. New current design aerial control valves will be installed. The hydraulic pump and emergency pump(s) will
be replaced. All hydraulic fiuids and filters will be replaced with new.
✓Electrical- All wiring harnesses from the turntable to the tip af the fiy ar platform will be replaced with new. Any
C7E lighting and intercorn will be replaced with new (current design). Switches, sensors, and hourmeter will be
replaced with new.
✓ Ex#ension Systern- The trolfey system will be inspected for proper operatinn lubricated and adjusted as
required. All cables, cable wear pads, load transfer pads, sheave wheel bearings, and pins will be replaced.
✓ Ladder- Ladder sections will be stripped and inspecfed. Minor repairs to sections will be made. Sections will be
acid washed and re-swirled. Fly section tip will be repainted (if applicable). New heat strips will be applied as
needed.
✓ Turntable/Rotation System- The rotation bearing and gears shall be inspected for proper operation lubricated
and adjusted as required. The rotation drive shall be inspected for proper operation, oil will be drained and
refilled with new ail per specifications, Any Hydromotion or Amity swivel will be replaced with new. AIl other
swivels will be reconditioned. Spherical bearings for heel pins will be replaced. The controf console located on
the turntable shall be removed and replaced with a new console including current production styfe controls and
valves. If model type is applicable, the new console maybe installed on the left hand side of turntable. The base
section aerial mounting weldment and turntabfe shall be inspected and painted. Steps, Gatorgrip and trim will
be replaced.
✓ Waterway (if applicable)- The upper and lower waterway will be replaced, if applicable, with current production
style. The monitar(s) will be disassembled; cleaned, new o-rings installed and painted job color, if applicable.
The monitor battery(s) and gauge(s) will be replaced with new.
The aerial device will then be reassembled, reinstalled onto the chassis and proper adjustments made.
The unit will be third parfy tested and certified to the standard that was in affect at the time the unit was
originally manufactured.
Should any major repairs or replacement of aerial companents be required; the fire department shall be notified
af any additional cost prior to repair or replacement.
Arry components that are not factory instalfed will not be reinstalled on the unit and will be shipped back with
the unit.
Rev: 06/22/09
PUbs# aGlaooo
efurbis e Aerial evice
° ~ E- s yE
.
STRUCTURAL fvTECRITy z TED w NTY
E-ONE., (the Compa*ry) warrants each refurbished aerial device manufactured by E-ONE to be free of structural failures caused by defective material or
worlananslvp for a warranty period of five years after the date on which the vehicle is first deLvered.
11vs warranty i; limited to struc0.ual components, tiunhable, aenal sections and plaform (if applicable). This warc-anty applies only if the onginal piuchaser provides to E-
ONE dafed test results strowung that the aerial device (1) has beeq at least annually, visually inspected, operarion3lly te~ and load tesYed in accordance wrth ttie ]atest
revision of NFPA 1414 and (2) has been nondestructive tested lry an E-ONE approved ihird party testing agency in accordance with the latest revtision of NFPA 1914.
Dated test results must be submitted with claim or fhis warrmriy is void
E-ONE'S obligation under this vr=ty is limited to repairing or replacing, as E-0NE may elect, without chharrge to the customer, Yhe shuctwal component or
components which E-ONE, after exarnination, finds, to E-ONE'S satisfaction, to have structurally failed due to defective maTenal or worlonanship.
E-OlVE'S obligation umder this warranty is svbject to the conditions precedent (1) that the claimed failure shall have first appeared druing the waranty period
(2) thai the original purchaser shall have notified E-ONE in writing ofthe claimed fail;ue witlvn thirty (30) days after the claimed failure shall have first appeared
and (3) that, unless E-0NE directs otherwise, the claimed failed item or items shall have been retumed to E-ONE, or to E-ONE'S designee, promptly after the
notification, with hansportalion charges prepaid. E-ONE reserves the right to thorougtily exatnine the vehicle or parts thereof prior to conducting or approving
any repair or replacement, to detemune whether Yhe claimed failure is covered by this warranty.
In advance of the onginal pLTchaser effecting repair or replacement of a structural component or componerrts fotmd by E-ONE to have structi aally failed due to defective
design or wodananship, approval for the repair or replacemerrt must be obtzmed from E-ONE'S C1stomer Sernce Departmer2 Repxiir or teplacemerrt must be made by a
facility approved in advance by E-0NE. Failute to obtain eitfier or both of the advance approvals voids tivs wananty. CovePage under dvs waa-anty of Iabor for repair or
replacement is limited to the time or amoimts reasonably necessary, as deteanined by E-ONE, to make the repair or replacement Labor time or amoumis deemed excessive
by E-0NE are not covered lry ffiis wananty.
Airy repair or replacement effected by E-ONE under this warranty is i+self warranted under this warranty for the duration of the wananty penod. This is subject
however, to the provisions of this warranty as are applicable to the structura] component or components repaired or replaced by E-ONE.
This warraniy terminates upon hansfer of possession or ownership of the vehicle from the customer.
This warranty does not apply :o or cover: (I) mechanical components and wear items (includes hydratilic components and fitturgs); (2) normal maintenance
service or adjustments; (3) electricai components; (4) any item that has been repaired, replaced or AL7'ERED BY A FACII.ITI' NOT APPROVID IN
ADVANCE BY E-ONE'5 C[JSTOnER SERVICE DEPARTTvIEN"I', OR IN A MANNER WHICF-I, IN E-0NE'S judgment, may adversely affect the
operation or longeviry of the vehicle or item; (5) speciai, incidental or consequential damages including but not limited to, loss of 1ime, inconvenience, loss of
use, or lost of profits; (6) ariy malfunetion resulting from misuse, negligence, alteration, accident or lack of operational knowledge or normal maintenance or
adjustments, (7) time required to unload or reload the vehicle or item; (8) material ber.ding, buckling or other matecial deformation unless caused by a structucal
failure of a structural component, as idzntified in E-ONE'S specifications, of the aerial device due to the defective design or worlananship; er (9) transportation
fees or charges to or from aTry facility
This wan-anty is void if r-ONE detemmies thal Lhe vehicle or item has been neglected, misused, altered, ovedoaded, loaded beyond specified component weight limits,
loaded to a staTe of imbalance side to side or damaged, tlvs wari-anty is also void if E-01VE detennines that the waaanty claun is false or misrepresented, th2T the vehicle
or item has been dunaged in an accident or by an act of God, or th2Y tte slruchual faili ue is aUnbuhble to the use or operation of the vehicle or item in a mamer of for a
piupose other t}an t3iai for which E-ONE intended or designed the vehicle or item
"1'IIIS WAItRA.'VTY LS IN LIEti OF ALL Q'1'III:R W'.ARRA_'V"I'IF,S, EXPRESSED OR INIIyLIF:D (INCLUDiNG, BLT NOT LCMITED Td,
W.4RI1.4NTIL'S ARISIIvG BY OPERATION OF LAW, COURSE OF DEALING, COU'RSE OF PERFO:MANCE, OR USAGE OF'I'RADE), AI T
OTHER REPRESE?V'TATIONS TO TIiE ORIGINAL PUI2CIIASER, AND ALL OTFIER OSLIGATIIONS OR I_,IAI3ILiTIES WHATSOEVER,
INCLUDING, BUT NOT LIlVIITED TQ, AIVY OBLTGA'I`ION OR T.IABII.ITY P'OR SPECIAL, PERSON TO GIVE OR ASSUIvIE, A1VY OTHEit
WARI2AN"I`Y, OBLIGATION OR LLASILIT'Y ON F ONE'S BEHALF, UNLESS EXI'I2ESSLY GIVF.N OR A.SSUA'EI) IN WItl'I`ING BY E-ONE
E-0NE reserves the nght to malce changes to E-ONE'S products witliout incumng any obligahon to modify or improve previously manufactured products.
NOTE: Surety bond, if required, applies anly to E-OiVE'3 Basic One Year Lunited Wananty, and not to this or any other or extended warranty r7ade by E-
ONE or any ofE-ONE'S suppliers.
Sales Adminisrtratar: Chief:
Shop order number: Returned to service date:
REV
O1/Ol(2009
Pubs# AG100Q1
_.r State ent of arra ty
1 YE
FACTORY SERVICE CENTER REPAIRS
E-ONE, (the "Company") warrants each factory service repair against defects in rnaterial and workmanship an
work performed only, provided the apparatus is used in a normal and reasonable manner. This warranty is extended
only to the customer of the apparatus being repaired for a period of one year from the date of delivery to the
customer.
E-0NE's obligation under this warranty is strictly limited to replacing or repairing, as the Company may erect, any part
or parts of such apparatus which the Company's examination discloses to be defecfrve in material or workmanship.
This obligation covers only those parts which had work performed during the course of repairing the apparatus.
The company reserves the right to require any such repairs to be made either at a Company owned service facility or
another approved service facility at the Company's option. Transportation cost to and from the servicing location is the
respansibility ofthe user-purchaser.
The E-ONF, warraaty shall riot apply to:
1. Major components or trade accessories such as purchased or rebuilt chassis, engines, tires, pumps, signaling
devices, or batteries that have a separate warranty by their respective manufacturer, or re-builder, or to
ancillary equipment used in fire fighting.
1 NormaI adjustments and maintenance services.
3. Replacement of consumable parts mcluding, but not limited to; filters, (ubricants, belts, light buibs, wiper blades,
brake linings and bral:e pads.
4. Failure resulting from the apparatus being operated in a manner or for a purpose not recommended by E-0Tv'E,
INC...
5. Any apparatus, which shall have been repaired, modified or altered in any way so as, in the Company's sole
judgment, to have adversely affected the unit's stability or reliabiliry.
6. Items subjected to misuse, negligence, accident or improper maintenance.
7. Loss of time or use of the vehicie, inconvenience or other incidental expenses including towing and cost of a
loaner vehicle,
Nothing contained in this warranry shalr make E-ONE, INC liable beyond the express limitations hereof, for loss,
injury or damage of any kind to any person ar entity resulting from any defect or failure in the vehicle.
To the extent permitted by 1aw, THIS WARRANTY IS INT LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLIJDING WITHOUT LIMITA`IION, ANY INIPLIED WARRANTIES OF NIERCHANTABlZITY
AND FTTtvvESS FOR A PARTICLZAR PURPOSE.
To the extent permitted 6y law, this warranty is also in lieu of al1 other obiigations or liabilities on the part of E-ONE or
the Seller, including liability for incidental and consequential damages.
E-ONE makes no representation that the vehicle has the capacity to perform any functions other than the specifications
utilized in repairing of the vehiele.
No person or affiliated company representative is authorized to give any other warranties or to assume any other
liability on behalf of E-ONE in connection with sale, service or repair of any apparatus by the Company.
E-ONE reserves the right to mal;e design changes or improvements in its products without imposing any obligation upon
itself to chanffe or improve previously manufactured products.
Sales Administrator: Chief:
Shop order number: Returned to service date:
REv
01 /01 /2009
Statement ofWarranty
3 YEAR
. W.
LINIITED FAC'I'ORY SERVICE -PAINT
Pubs# AG10002
E-ONE, warrants each complete re-paint of fire, and rescue apparatus cab andlor body during the warranty period when used in a
nonnal and reasonable manner. This warranty shall provide for repair at E-ONE's option, any claim in accordance with the
following terms and conditions.
WHAT I5 COVERED
• ItEPAIRS CON'ERED - The warranty covers repair at E-ONE's option. Repairs shall be made at an E-ONE ow.ned service
facility or another approved service facility at E-OIVL's option.
e f}BTAINING I2EYAIRS - The customer must notify E-ONE in wriCing within 30 days after any claimed deFect has
appeared. Transportation costs to and from the servicing center shall be the responsibility of the customer.
• «'ARI2ANTY PERIOD - The warranty period shall bcgin upon dclivery of the apparatus to the customer. `The following
percentages apply:
Topeoat & Appearance:
Gloss, Color Ketention, Cracking
Coating System, Adhesion & Corrosion:
Includes Dissimilar metai corrosion,
Flaking, Blistering, Bubbling
0 to 12 months 100%
13 to 24 months 50 %
25 to 36 months 25%
WHAT IS NOT'CON'ERED
• Damage caused by fire, misuse, negligence or accident.
• Damage caused by theft, vandalism, riot or explosion.
• Damage caused by lightning, earthquake, windstorm, hail, flood, or use in an acidic environment.
• Any repairs, modifications, alterations or after market parts added after rnanufacture without the authorization of E-
ONE.
• Datnage fruin lack uf, ur povr maintenance and cleaning.
• Uold leaf or striping except that which is affected by a warrantable repair. (Gold leaf or striping must have been
installed during the re-paint process to be covered under tliis limited warranty.)
• Loss of time, loss of use of the product, inconvenience, lodging, food ar other consequential or incidentai loss that may
r--sult from a failure.
Sales Administrator: Chie£
Shop order number: Returned to service date:
REV
01-01-2009
Exhibit 2
HA
January 18, 2011
Robyn Forsyth
City of Denton Fleet Services
804 Texas Street
Denton TX 76209
RE: Sole Source
FWkMark Fi~~ ~~exas, LLC
1590 EaWt Flwy 121-P:3usress, SLii'Le 500
a~
I...<gwist,£ilie l0ll ~ex.,?9°ay,r;g 7,t~~q~r6
ToE€la~r~~. .9 S -8'Sk§.!"u?.iwdF°~ P ~~.a~'
The E-ONE Factory Service Center and all products associated with your 75' aerial
are not available from any other source. In addition, all Extended Warranty
Services, repair and warranty claims are managed exclusively by the E-ONE Factory
Service Center and Hall-Mark Texas. Any work perFormed by non-authorized
personnel will void all warranties and claims.
Please call me if you have any questions or need additional information.
Sincerely,
Tom Whitworth
Director of Operations
352-209-5017
~ ~~~~~~~2-~~ ~2
www.h alldrrtarkfirc .uom
< c- - =9;
~~~HORI'ZED DEALER
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITLJRE OF FUNDS FOR THE
REFURBISHMENT OF A QU1NT AERIAL FIRE TRUCIL FOR THE CITY OF
DENTON FIRE DEPARTMENT AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING
FOR THE EXPENDITLJRE OF FLJNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 4652-PURCHASE OF SERVICES AND MATERIALS FOR
REFURBISHMENT OF AERIAL FIRE TRUCIL AWARDED TO E-ONE 1N THE
AMOLTNT OF $3 52,;; 0
WHEREAS, Section 252.022 of the Local Goveriunent Code provides that
procurement of items that are oiily available from one source, including; items that are
only available from one source because of patents, copyrit"hts, 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 oiily from the persons holding eYClusive distribution
rit-lyhts to the materials; and 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
NLJIVIBER VENDOR AMOUNT
4652 E-One $3 52,313 0
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including,
items that are oiily available from one source because of patents, copyrights, secret
processes or natural monopolies; films, manuscripts or boolcs; electricity, gas, water and
other utility purchases; captive replacement parts or components for equipment; and
library inaterials for a public library that are available only froin the persons holding
eYClusive distribution rights to the materials; and need not be submitted to competitive
bids.
SECTION 3. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submittin'c" the quotation for such
items until such person shall comply with all requirements specified by the Purchasint',
Department.
SECTION 4. 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 5. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 2011.
MARIL A. BLJRROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
~
BY:
4-( )RD-File 4542
AGENDA INFORMATION SHEET
AGENDA DATE: Febnjary 1, 2011
DEPARTMENT: Planning and Development
r
ACM: Fred Greene ~f
SUBJECT -ADP04-0009 (Unicorn Luke)
Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No.
2005-112, and thereby revolcing an alternative developinent plan previously approved
therein, for approYimately 3.2 acres of land generally located at the southwest corner of
Windriver Lane and I-35E, in the City of Denton, Denton County, TeYas; and providing for
an effective date. (ADP04-0009)
BACKGROUND
The City Council approved an Alternative Development Plan (ADP) on a 3.2-acre site on
April 5, 2005 per Ordinance No. 2005-112 (Exhibit 2). At that time, the applicant was
proposint', to develop two (2) specific restaurants on the site. Specifically, the Mexican Inn, a
6,067 sq. ft. restaurant, and the Shady Oalc BBQ, a 7,780 sq. ft. restaurant. The purpose of
the ADP was to allow parlcing between the building and the street and provide parlcing in
excess of the required inaxiinuin. However, the site did not develop as planned, nor has it
been developed to date.
On Noveinber 1, 21010, the applicant submitted a new ADP application for the site. Rather
than developing two (2) restaurants on the site in accordance with the approved ADP on file,
the applicant is proposint', to develop one (1) lot with a restaurant and the other lot with a
single-story miYed use building incorporating commercial and restaurant uses witlun the
same building. At the time of tlus writing, the new ADP application is under review with no
hearing date set.
On September 121, 2006, the Denton Development Code was amended such that City Council
approval of ADP's is no longer required (Ordinance No. 2006-252). The ordinance amended
delegated this authority to the Planning and Zoning Coininission. However, a denial of an
ADP by the Plannin~ and Zonin~ Commission can be appealed to City Council.
Those ADP's which were approved by ordinance prior to September 12, 2006, must be either
amended by ordinance if the applicant wishes to revise the site plan or repealed by Council if
significant changes are being proposed. Given that the previous ADP was for specific users
and the concept for the site has changed, staff is recommending that ADP Ordinance No.
2005-112 be repealed by the City Council. The new ADP application will then be brought
before the Plannin~ and Zonin~ Commission for consideration in the near future.
PRIOR ACTION/REVIEW
• March 9, 2005 - Planning and Zoning Coininission recoininended approval of
ADP04-0009.
• April 5, 2005 - City Council approved ADP04-0009 (Ord. No. 2005-1121).
• April 11, 2005 - Plannin~ and Zonin~ Commission approves the final plat of Lots 1
Bloclc B, Uiucorn Lalce Addition (FP05 -000?
EXHIBITS
L Location Map
2. Ordinance No. 2005-112.
3. Proposed Ordinance
Prepared by:
Cindy Jaclcson, AICP
Plaiuung Supervisor
Respectfully submitted:
~
Marlc Cunninghain, AICP, CPM
Director of Planning and Development
4
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EYHIBIT 2
ORDINANCE NO. 2005-112
ORDINANCE NO. ~ d O,J = /I A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATNE
DEVELOPMENT PLAN FOR APPROXIMATELY 3.2 ACRES OF LAND GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF WINDRNER LANE AND I-35, WITHIN A
RBGIONAL CONiMERCIAL CENTER DOWNTOWN (RCC-D) ZONING DISTRICTS,
SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950 TN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILTTY CLAUSE AND AN
EFFECTNE DATE. (ADP04-0009)
WHEREAS, Clearwater Construction has applied for an alternative developrnent plan (the
"ADP") on approximately 3.2 acres of land particularly described in Exhibit "A" attached hereto and
made a part hereof by reference (the "Propert}~") wluch ADP is on file in the City's Planning
Department, a copy of which is attached hereto and made a part hereof as Exhibit "B" which
Properiy is Iocated in a Regional Centers Commercial Downtown (RCC-D) zoning district; and
WHEREAS, on March 9, 2005, the Planning and Zoning Commission recommended
approval of the ADP; and
WHEREAS, the City Council finds that the ADP is consistent with the Denton Plan; NOW,
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L The findings and recitations contained in the preamble of this ordinance are
incorporated herein.
SECTION 2. The ADP is hereby approved.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is heid invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance aze severable.
SECTION 4. Any person violating any provision of tlus ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from tlxe date of its
passage, and the City Sccretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 5# day of ~~t/ , 2005
et.,e.~ 60~
EULINE BROCK, MAYOR
ATTEST:
JENNg'ER WALTERS, CTI'Y SECRETARY
B ~ . I
APPROVED AS TO LEGAL FORl`vI:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
EXHIBIT A
LEGAL QESCRIPTION
BEING a 3.214 acre tract of land situa#ed in the M.E.P. and P.R.R. CO. Survey,
Abstract No. 950, in the City of Denton, Denton County, Texas, and being a
portion of that certain tract of land described in deed to Windjammer, Ltd.,
recorded in Counry Clerk's File No. 98-RO093041 of the Real Property Records
of Denton County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a 5B-inch steel rod with plastic cap stamped "JDJR" set at the
intersection of the south right of way line of Windriver l.ane (a 80' right-of-way)
recorded in County Clerk's File No. 99-R0065227, Real Property Records,
Denton County, Texas and the southwest right-of-way line of Interstate Highway
35 (a variable width right-of-way);
THENCE South 49 degrees 57 minutes 22 seconds East, with the southwest line
of said highway and the northeast line of said Windjammer Tract, a distance of
244.55 feet to a 518-inch steel rod with plastic cap stamped "JDJR" set for corner,
same point being the narth corner of a called 3.00 acre save and except tract
described in the aforesaid deed to Windjammer, Ltd. recorded in County Clerk's
File No. 98-R0093041, Real Property Records, Denton County, Texas;
THENCE South 40 degrees 02 minutes 38 seconds West, departing the south
line of said highway and along the northwest line of said 3.00 acre tract, a
distance of 569.47 feet to a 518-inch sfeel rod with plastic cap stamped "JDJR"
set for corner;
THENCE North 49 degrees 57 minutes 22 seconds West, a distance of 261.28
feet to a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner in the
south Iine of said Windriver Lane, same being the beginning of a curve to the left
having a radius of 540.00 feet, a central angle of 14°18'54", a tangent of 67.81
feet, and a chord that bears North 47 degrees 11 minutes 14 seconds East a
distance of 134.57 feet;
7HENCE with said curve to the left and with said south line of Windriver Lane, an
arc distance of 134.92 feet to a a 5/8-inch steel rod with plastic cap stamped
"JDJR" set tor corner;
THENCE North 40 degrees 02 minutes 38 seconds East, with said south line of
Windriver l.ane, a distance of 435.95 feet to the PLACE OF BEG]NNING.
CONTAINING a computed area of 140,000 square feet or 3.214 acres of land.
r Exhibit B ;3
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LTERNATIVE OEVELOAMENT PLAN
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EYHIBIT 3
PROPOSED ORDINANCE
+(JRDINANCE NO.
AN QRUIIVANCE OF THE CITY OF DENTON, fiEXAS, REPEALING ORAINANCE NO. 2005-
112, AND THEREBY REVOKING Alrt ALTERNATIVE DEVELOPMENT PLAN PR.EVIOUSLY
APpROVED THCREIN, FiJR APPRUXIMA'I"ELY 3.2 ACRES OF LAND GENERALLY
LQCATED AT THE SaLFTHWEST CORNER OF WFNDRIVER LANE APdD INTERSTATE
F-IIGHVw'AY 35E, IIN THE CITY Ok' DENT{3N, DENTC}N COt,FNTY, TEXAS; ANT? PROVIDING
FOR AN EFFECTNE DATE. (ADP04-0009)
WHEREAS, Ordinance 2005-112 was approved on .4pril 5,2005, approving an Alternative
Development Plan for a development praposal ihat is no Ionger valid; and
WHEFZEAS, the prQperky owner, Carroll Family Investments, LTD., has applied for, and
concurs in, the recissiort of this previously approveti Alternative LlevelQpznent Plazx; and
WHEREAS, the City Cauncil finds that the Ordinance should be repealed; NOW,
THER.EFORE,
THE COUNCiL OF THE CITY OF DENTON HEREBY 4RDA1T1S:
SECTION 1. Orclinance Nn. 2405-112 is hereby repealed in its entirety.
SECTION 2. This ordinance shall become effective imrnediately upan its passage and
appraval.
PASSED AND APPRUVET7 this the day of 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
7ENNIFER WALTE.FtS, CTTY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURCaESS~'~A T NFY
~
_..---r--~--'
BY: f..
~
AGENDA INFORMATION SHEET
AGENDA DATE: Febnjary 1, 2011
DEPARTMENT: Denton Muiucipal Electric (DME)
UTILITIES ACM: Howard Martin, 349-8232 hV-
SUBJECT:
Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing
the City Manager to eYecute a professional services agreement with Burns & McDoiuiell for
enviroiunental permitting services and studies incident to the development of the 10 MW CHP
facility in Denton, Texas; providing for the expenditure of funds therefor; and providing an
effective date (in an amount not to exceed $146,806; and in the aggregate amount of not-to-
eYCeed $188,681.) The Public Utility Board recommends approval (5-0).
BACKGROUND:
As approved by the Public Utilities Board on Septeinber 13, 2010, Burns and McDonnell
Engineering (Burns & McDoiuiell) is currently performing air permitting services for Denton
Municipal Electric (DME) for the operation of the gas turbines to be located in the proposed
combined heat and power (CHP) energy and steam generation facility within the city limits of
Denton, Texas. These perinits will be issued by the Environinental Protection Agency (EPA)
and the TeYas Commission on Enviroiunental Quality (TCEQ). Tlus entire process is eYpected to
last five to eight more months.
The next step in furtherin~ this project is to secure necessary environmental permittin~ services.
Burns & McDoiuiell has submitted a proposal that encompasses necessary taslcs as well as
aotentiallv necessary taslcs to secure required permits and/or approvals to constnict the CHP
facility (site) and the nattiral gas pipeline (pipeline). Until the process begins, it will not be
lcnown if all taslcs will be necessary. There is also the potential for synergies between the
permitting of the site and pipeline that will allow for a reduction in the overall cost for the
services from Burns & McDoiuiell. Any possible cost savings will not be laiown until the
environinental perinitting process has started.
Burns & McDoiuiell is an industry leader and has successfully contracted on occasion with the
City of Denton since 22000 with favorable results. Burns & McDoiuiell is a most capable firm
with a very successful traclc record. Founded in 1898, Burns & McDonnell has evolved into a
full service engineering and consultint', firm with almost 3,000 employee-owners, which includes
professional engineers, plaiuiers, arclutects, economists, and enviroiunental scientists that are
available to serve DME's needs. The Enviroiunental Studies and Permitting Division has
provided professional environmental services since the early 1970s and have built solid worlcint',
relationships with regulatory agencies, which will improve agency response and facilitate the
enviroiunental review process.
1
Burns & McDonnell has extensive experience in providin~ permittin~ services for new electrical
generating usuts throughout the Uiuted States, including many in TeYas. The permitting group
focuses on all aspects of permitting and compliance with specialization in new source analyses
and perinitting. Since 1994, Burns & McDonnell has prepared perinit applications for inore than
24,000 MW of simple- and combined-cycle combustion turbine projects.
lii addition to having combustion turbine permit eYperience, Burns & McDoiuiell permitting
specialists have worlced for inany clients in EPA Region VI including several clients in Texas
and are familiar with the Texas Commission on Environmental Quality's (TCEQ) specific
methods of reviewing and approving air permit applications.
OPTIONS:
1. Approval of the Professional Services Agreeinent with Burns & McDonnell for $146,806.
2. Issue a request for qualifications (RFQ) for firms to perform associated en~ineering services.
RECOMMENDATION:
Staff recoininends that the PUB approve the Professional Services Agreeinent for $146,806 with
Burns & McDonnell and allow DME to proceed with the acquisition of environmental permits
without delay.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
Septeinber 11, 2010 - PUB approved $41,875 purchase order for Burns & McDonnell to provide
necessary air permitting services for the CHP project.
January 24, 2011 - The Public Utility Board recommended approval (5-0).
EYHIBITS:
1. Ordinance
2. Burns & McDonnell Proposal - January 11, 2011
3. PUB Minutes
Respectfully submitted,
IVA,~.
Plul Williams
General Manager
Denton Municipal Electric
Prepared by:
William A. Bunselmeyer
ILey Accounts Executive
Denton Muiucipal Electric
~
EXHIBIT 1
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CTTY COUNCIL OF THE CITY OF DEN'TON, TEXAS
AUTHORYZING THE CITY MANAGER TO EXECUTE A PROFESSrONAL SERVICES
AGREEMENT WITH SURNS & MCDONNELL FOR ENVTRONMENTAL PERMITTING
SERVICES AND STUDIES INCIDENT TO THE DEVELOpMENT OF THE 10 MVG' CHP
FACILITY IN DENTON, TEXAS; PROVIDING FOR THE EXPENDITL'TRE OF Fr1NDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (1N AN AMDUNT NOT TO
EXCEED $146,806; AND 1N THE AGGREGATE AMOUNT OF NOT-TO-EXCEED
$188,6$1.)
WHEREAS, the City Council deems it in the public interest to continue to engage the
finn of Burns & McDonnell ("BMCD"), to pravide professional further consulting and
engineering services for environmenta.l permitting services and studies for the City reIating to the
development of the 10 MW CHP facility in Denton, Texas; and
WHElZEAS, previously on Septembar 13, 2010 the Public Utilities Board recommended
approval of BCMD to perform aix pertnitting services for the aperanon of gas furbines to be
lacated in the proposed combined heat and pawer energy and steam generation facility in the
amount no-to-exceed $41,875, and the acting Purchasing Agent signed said Agreement vvithin
her delegated authorify; and
WHEREAS, the City staff has reported to the City Council that there is a subsfantial need
for the above-described speeialized professional services, that limited City staff cannot
adequately perform the services and tasks with its own persannel, and that the nature of BMCD's
professional services is highly technical, and
WHEREAS, Chapter 2254 of the Texas Government Code, knovvn as the "Professional
Services Frocurement Act," provides that a City may not select a providar of professional
services on the basis of competitive bids, but must seiect the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, BMCD has represented the City from time-ta-time aver the last eleven (11)
years, and has proven to be a valuable, reliable, affordable, and competent professional resource
that has expertise in the area for which it is being retained; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN,S:
SECTION l: The City Manager is hereby authorized to execute a Professional Services
Agreement with Bums & McDonnell, for professional environmental perrnitting and engineering
services in the not-to-exceed amount of $146,806; said Prafessional Services Agreernent is
substantially in the fflrm attached hereto and incorporated herewith by reference, as Exhibit "A."
SECTION 2: The award of this Agreement by the City is on the basis of the
demonstrated competence, lnowledge, and qualifications of BMCD and the ability of BMCD to
perform the professional services needed by the City for a fair and raasonable price.
SECTION 3: The further expenditure af funds as provided in the attached Professional
Services Agreement is hereby authorized,
SECTION 4: This ordinance shall become effective immediately upon its passaga and
approval.
PA,SSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST;
JENNTFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,
B
Y:
2
Januaiv lK, 2011
William A. Bunselmever
Iiev Accounts Eiecutive
Denton Muuicipal Electric
1659 Spencer Road
Denton, TX 76205
Denton Municipal ElectriclO-MW CHP Project
Propos3l for Enti-uonmental Permitting Seiti-ices
Dear Mr. Bunselmever
Burns & McDonnell Engiueering Company, Iuc. (Bums & McDonnell) is pleased to subnut tlus
proposal to proti-ide enti-ironmental permitting seiti-ices to Denton Municipal Electric (DME) for
the proposed 1(_)-megaN-,att (MW) combiued heat and poN-,er (CHP) energy and steasii generation
facilitv (project) Nvithiu the citv luiuts of Denton, Teias. Tlus proposal identifies the seiti~ices that
ivould be peiformed by Burns & McDonnell to obtain the pertinent permits/approvals to begin
site and pipeliue construction activities (eai-th moviug activities), along Nvith other potentially
required activities as the project progresses.
At tlus tuiie it is unlcnoN-,n if the CHP facilitt- (site) and the natural gas pipeline (pipeliue) Nvill be
developed together or separately; hov, ever, because of the aggressive site preparation schedule it
is anticipated that they ANi11 be deti-eloped separate1y. This should allov, for more schedule
fleiibility Nvith developiug each facilitt-. As a result, the proposed scope of Nvorlc beloN-, lists the
proposed seii ices that ivill lilcely be needed to obtain permits/approvals for the site and pipeline
separate1y, folloived by additional potentially required seiti-ices to complete the permitting for
each facilitt-. Details for each taslc are provided in Attacluiient A.
SCQPE QF WQFtK
C Site Services
Based on knovm site information the follov, ing proposed tasks ivill likely be necessaiv prior to
conducting 3ny e3i~thmoN-ing 3ctiN-ities 3t the CHP site.
Task S1. Wetland Assessment/Delineation
Task S2. Tlueatened & Endangered (T&E) Species Consultation (Federal & State)
Task S3. Cultural Resources RevieNV
Task S4. Texas Pollution Discharge Elimination SN-stem (TPDES) Geneml Permit &
Storm Water Pollution Prevention Plan (SWPPP) for Construction Activities
Task S5. Citv L3nd Disturbing Actiti-ity Permits & P13ns
Task S6. FAA Notifications
Costs to peiform these seiti-ices are $29,328, including project management.
f F~ j 9. e.
, 'Ifr`sd~f 1 ~.f?f`PY
Januaiy 18, 2011
Page 2
Other potentially required permits or activities (potential tasks) that may also be required prior to
site construction, dependiug upon site conditions, discovered natural or cultural resources, other
agency requests, etc., include:
Potential Task S1. Section 404/401 Pernutting
Potential Task S2. Cultural Resources Suivev & THC Consultation
Costs to peiform these potentially required site seitirices are $12,724, thus a total of $42,052 Nvhen
considering both the proposed and potential taslcs together. Detailed costs are provided in the
Cost Summaiv section of this proposal.
Because of the aggressive site preparation schedule it is recommended to start the proposed taslcs
(listed above) as soon as possible, N-,1uch N-611 then determiue if these potential taslcs NN111 be
necessaiy.
Pii)eline Services
Based on lcnoN-,n pipeliue iuformation and modern pipeliue construction methods, it is assumed
that the pipeliue N-611 be routed to atiroid envuoiuiientally sensitive areas (e.g. Nvetland, riparian
areas, ivooded areas, etc.), thus to reduce the efforts needed to obtain pertinent permits prior to
constniction. If alignment alone ivill not avoid sensitive areas, it is assumed that constniction
measures (e.g. boriug method) N-611 be employed to atiroid uiipacts to these areas. Proposed
pipeline taslcs that ivill be necessai-v prior to starting constniction activities are listed belov, . In
order to identifi- enviroiuiientally sensitive areas, Taslcs P1- P3 should be conducted early iu
project development.
Task P1. Wetland Assessment/Deliueation
Task P2. T&E Species Consultation (Federal & State)
Task P3. Cultural Resources RevieAV
Task P4. TPDES General Permit & SWPPP for Construction Activities
Task P5. Citv L3nd Disturbing Actiti-ity Permits & P13ns
Task P6. City OiUGas Pipeline License Agreement
The cost to perform these proposed pipeline seiti-ices is $39,080, including project management.
If enviroiuiientallv sensitive areas casinot be atiroided, other potential pernuts and activities
(potential tasks) may also be requued, v,hich could include:
Potential Task P1. Section 404/401 Pernutting
Potential Task P2. Cultural Resources Suivev & THC Consultation
Potential Task P3. City Tree Suivey and Preseivation/Mitigation Plan
The cost to perform these potentially required pipeline seil ices is $21,556, thus a total of $60,636
,~hen consideriug both the proposed and potential taslcs together. Detailed costs are provided iu
the Cost Sunuiiaiy section of tlus proposal.
Januaiy 18, 2011
Page 3
Qthei° Sei°vices
Iu addition to permits and approvals that may be required prior to stai-tiug construction of the site
or pipeline, other permits are also required to continue development, design, constniction, and
operation of the facility. As a result, Burns & McDonnell is also providing costs to provide these
other seitirices to obtaiu these pernuts, approvals, or to demonstrate compliance, N-,1uch are listed
belov, .
Site
Potential Taslc S3. TPDES Multi-Sector Geneml Permit & SWPPP (Opemtion)
Potential Taslc S4. Buildiug Pernut Assistance
Potential Task S5. Noise Studv
Potential Taslc S6. TPDES General Permit for HN-drostatic Testiug
Pibeline
Potential Taslc P4. TPDES General Permit for HN-drostatic Testiug
The costs to peiform these other seitirices for the site and pipeliue are $41,780 and $2,338,
respectively. Detailed costs are provided iu the Cost Sunuiiaiy section of tlus proposal.
Gerleral Assbiinptimns fmr Prmpmsal
The folloiving are the assumptions that were used v,hen preparing this proposal, including the
cost estimate.
• Scope and costs associated Nvith tlus proposal Nvere generated on an approxiiiate 6.5-acre
site and a 12,()()()-foot long, 3()-foot v6de (approiimately 8.25 acres) gas pipeline area, or
a combined project area of no more than 14.75 acres
• DME is responsible for platting the site and obtaining approval from the Citv
• Enti-ironmentallv sensititi-e areas, including ivooded areas ivill be ati-oided by alignment or
by construction measures, thus not requiriug a Section 404 dredge and fill permit
(ivetlands) and not triggering other requirements (e.g. Section 1()6 of the National
Historic Preseivation Act)
• DME ivill provide pertinent site location information such as ROW coordinates and/or
draNvings in order to conduct the proposed seitirices
• Additional efforts, other than Nvhat is presented in tlus proposal, as a result of layout or
design changes, equipment changes, land ovner agreements or access, or inclement
iveather ivill be out-of-scope
• DME ivi11 proti-ide the necessaiv property access permission (and anv necessaiv padloclc
lcevs or codes) to conduct on-site activities
• DME shall provide a contact to be atirailable duriug on-site visits
• Scope assumes that all maps, draNviugs, or other data files obtained from DME, agents for
DME, or agencies ivill be GIS-compatible and digitized
• Besides the site visits and lciclc-off/city meeting discussed above, no efforts have been
included for attending agency meetings or hearings, or other project-related meetings
• All estimated application fees associated ivith the Taslcs (refer to Attachment 3 and 4)
shall be reuiibursed by DME; these fees are not iucluded iu the cost estuiiate
Januaiy 18, 2011
Page 4
The cost to collect and analyze any N-vater supply samples and/or to determiue effluent
characteristics is not included in this proposal
NEPA Compli3nce (i.e. prepa3tion of 3n Enti-ironmental Assessment, Enti-ironmental
Impact Statement, etc.) is not iucluded iu tlus proposal
Itenis NQ'I' Inchided in this Scmve mf Wmrk
Design and other engineeriug-related permits or plans hatire not been iucluded iu tlus scope of
vvork as thev are relatively specific to design, such as building design, electrical, and plumbing
permits (for the site) or other related plans, such as tmffic control plans, gmding plans, etc.
Another permit not iucluded iu tlus proposal is the Citt's Certificate of Occupancy Permit.
Typica11y, and according to the City, these permits can be issued under one Building Permit. For
purposes of this proposal, Bums & McDonnell proti-ided a potential taslc (Potential Taslc 4) for
assistiug NNith portions of the Building Pernut application package, v'1uch iucludes the
environmental revievv. It is assumed that DME vvill be the lead entitv for coordinating the
Buildiug Pernut effort.
Also, the proposed power plant site appears to be currently zoned as Industrial Center - General
(IC-G) and accordiug to the Denton Muuicipal Code, electric generatiug facilities are permitted
uses on Iudustrial and Development District zoned land, thus a zoniug pernut or specific use
permit (SUP) should not be required. Likevvise, gas pipelines are also allovved on all zoned land
NNith the eiception of Outdoor Amu sement/Re creation (OAR) zoned land. From the Citv zoniug
map (2010) it appears that the gas pipeliue is located entirely N-vithiu IC-G zoned land. Therefore,
vve did not include efforts for addressing these permits or approvals from the Citv.
The proposed povver plant site is not located in a Federal Emergency Management Agency
(FEMA) designated floodplain according to available floodplain maps; hovvever, the gas pipeline
,-vi11 cross multiple floodplains. Because the gas pipeliue N-vi11 be underground and construction
activities within the floodplains vvill be temporai-v, it is assumed that a City Floodplain
Deti-elopment Permit vvi11 not be required, thus not included vvithin this proposal.
CQS'I' SUMMAFtY
The overall not-to-eiceed cost to complete the proposed and potential taslcs for the site and
pipeline described in this proposal is a total $146,806. This includes $83,832 for the total site
efforts and $62,974 for the total pipeliue efforts. Worlc N-vi11 be conducted on a tuiie and materials
basis. Details regarding these costs are provided in the tables belovv, v,hich shovv costs for the
site and pipeline efforts leading up to constniction, follovved by other seii ice costs that are and
could potentially be required to contiuue vvith development of the project.
The costs in this proposal do not include fees that may be assessed to app1y for agency permits,
approvals, reviews, etc.; ho-ovever, estuiiated permit fees are provided iu the taslc descriptions
(Att3chment A). It is 3nticip3ted th3t 3ny fees paid by Bums & McDonnell vvill be reimbursed by
DME.
The follovving table summarizes the costs for conducting the proposed and potential taslcs that
may be needed prior to starting constniction of the site and pipeline.
JanuaiN- 18, 2011
Page 5
Site & Pipeline Cost Estimates to Start Construction
I
Costs ~
Task Nos. Proposed Task/Activity I
Site (S)
I Pipeline (P) I
Tasks S1 & P1 ~ Wetland Assessment/Delineation ~
$7,531
~ $10,967 ~
Tasks S2 & P2 ~ T&E Species Coiisultation (Federal & State) ~
$2,047
~ $3,823 ~
TaslLs S3 & P3 ~ Cultural Resources Review ~
$2,435
~ $2,398 ~
Tasks S4 & P4 ~ TPDES General Peniut & SWPPP for Con. ~
$5,982
~ $5,982 ~
TaslLs S-5 & P-5 I Cin Land Dishirb. Activin PeriYUts & Plans ~
$5,405
I $5,405 I
Task S6 ~ FAA Notifications ~
$1,014
~ - ~
Task P6 ~ Cin OiUGas Pipeline License Agreement ~
-
~ $6,128 ~
I Project ManagemendCoordination I
$4,915
I $4,378 I
Proposed Tasks - Totals I
$29,328
I $39,080 I
Potential Tasks S1 & P1 ~ Section 404/401 Peniutting ~
$2,885
~ $2,349 ~
Potential TaslLs S2 & P2 ~ Cultural Resources Suivey & THC Cons. ~
$9,839
~ $10,507 ~
Potential Task P3 I Cin Tree Suivey and Pres./Mit. Plan I
-
I $8,700 I
Potential Tasks - Totals (may be needed prior to construction) I
$12,724
I $21,556 I
Proposed & Potential Task Totals (for starting construction) 1
$42,052
1 $60,636 ~
The follo-,viug table sunuiiarizes the costs for conductiug the "Other Seitirices" as indicated iu tlus
proposal.
Site & Pipeline Cost Estimates for Other Services
(Continuation of Project Development)
I Costs
Task Nos. Potential Task/Activity ~ Site (S) ~ Pipeline (P)
Potential Task S3 I TPDES Miilti-Sector General Peniut & SWPPP I$8,430 I -
Potential Tasli S4 I Building Pei7nit Assistance I$7,132 I -
Potential Task S-5 I Noise StudN I$18,925 I -
Potential Tasks S6 & P1 I TPDES General Peniut for HN drostatic Testing I$2,338 I $2,338
I Project ManagemendCoordination ~$4,955 I -
Other Potential Tasks - Totals ~$41,780 I $2,338
It is possible that there could be siguificant cost sati~ings b~- combiniug efforts; ho~vever, the site
and pipeliue construction schedules appear to be different. Thus, it is lilcely that tuiiiug of
conducting similar proposed activities for the site and pipeline may not be possible or that the
pipeline could dela~- site development, N~1uch could jeopardize the site preparation schedule.
HoNvever, Burns &~McDonnell Nvi11 strive to use svnergies N-,hen conductiug pertinent authorized
actiti-ities in order to reduce project costs v,here possible.
January 18, 2011
Page 6
T`EItiVIS & C'ONDITIONS
We propose to perfarm the work, as described in this abbreviated proposal, an a time and
materials basis. It wi11 be completed according to khe atkached Terms & Conditions {Attachment
B}, along witli the task details (Attaclunent A) and assumptians provided in this proposal.
Authorized costs will not be exceeded without the written conseiit of DME.
Again, we appreciate this opportunity to provide our prafessional services to you for the proposed
project. If you have any questians or require additional infarmation please contact Robert
Everard at 816-363-7251 or reverard@bumsmcd.com.
Respectfully submitted,
Dale R. Troft, Vice President
Burns & Mcllonnell Engineering Company, Inc.
lf 18/2011
(Signature J llate)
Respectfully accepted & authorized,
Duly Autharized Agent
Denton Municipal Electric
(Du1y Autharized Agent Signature / Date)
Attachments
cc: Robert Everard, Mary Hauner-Davis, Burns & McDonneli
CITY OF DENTON, jEXAS
A Texas Municipal Corporation
ay:
AT7E5T:
CITY SECRETARY,1ENNkFER WALTERS
By:
APPROVEQ AS TO LEGAL FORM:
ANfTA BU RGE55, CITY ATTORNEY
By: " y ' 'PAN
i
ATTACHMENT A
Task Descriptions
CHP Site Services
Prma)msed Site 'I'asl:s
Task S1. Wetland Assessment/Delineation
To comply ivith the Clean Water Act (CWA) Sections 404 and 40 1, and to determine if ivetlands or other
ivaters of the U. S. ezist at the site, Burns & McDonnell ivill conduct a site assessment. Prior to
conductiug the site visit, Burns &McDonnell Nvi11 fust conduct a deslctop reviev, of the site, iucludiug
reviev, of U.S. Geological Suii ev (USGS) 7.5-minute topographic maps, National Wetland Inventoiv
(NWI) maps, the countv soil suiti-ev, and atiailable aerial photography, v,hich should giti-e a good
iudication if and N-,here Nvetlands or other Nvaters of the U. S. mav eiist on site.
Upon completion of the deslctop reviev,, Burns & McDonnell conduct a site visit to evaluate the
study area for the presence of ivetlands or other waters of the U.S. according to U.S. Army Corps of
Engineers (Corps) requuements. The site ti-isit ivi11 consist of a pedestrian suiti-ey by a ivetland scientist
and a global positioniug svstem (GPS) specialist to identifi- anv jurisdictional areas that mav be present
~nd to record the locations and boundaries using GPS. These jurisdictional areas Avi11 be delineated in
3ccord3nce ivith the 1987 C'o'Ts of Engin«i°s Wetlancls Delineation 1llanaral (Corps M3nu31) 3nd the
Regionczl S2ryVenzent to the ('017)s ofEngineer's Wetlczncl DelinecztionMczn2rczl: Ur'ecztPlczins Region
(Regional Supplement). In addition, Burns & McDonnell ivill gather information on the hydric soils,
Nvetland hvdrology, and upland and Nvetland vegetation of the proj ect site. The Nvetland scientist Nvi11
assess Nvhether a deliueated area is lilcely to be considered under jurisdiction of the Corps by determiniug
if a hYdrologic connection to w aters of the U. S. eiists. As part of this effort, photographs iv ill also be
talcen on-site to provide a visual documentation of any identified features. It is assumed that if the
Nvetland delineation is completed outside of the normal groNviug season (March 14 - November 16), it
ivi11 still be considered a tiralid delineation and be acceptable by the Corps district. Recent experience
iudicates that the Corps does consider Nviuter deliueations as an acceptable practice given the right
conditions.
Based on the deslctop reviev, and deliueation, Burns & McDonnell prepare a-,vetland deliueation
letter report describing the background research, methodologies, and results. After revieiving limited
project information to date, it appears that ivetlands or other ivaters of the U.S. do not exist, thus the letter
report is anticipated to be a brief sunuiiaiy of the deslctop reviev, and site visit. Burns & McDonnell Nvi11
provide the draft letter report to DME for revieiv and one round of comments. Burns & McDonnell ivill
address pertinent comments and finalize the report, then providing a final electronic version to DME.
Since it is lilcely that wetlands ivi11 not exist or can be ati-oided by the project, it is anticipated that a
Section 4t_)4 dredge and fll pernut from the Corps and a Section 4t_)1 NNater qualit~- certification (WQC)
from the Teias Conuiiission on Envuoiuiiental Qualitv (TCEQ) Nvi11 not be requued, thus these
permitting efforts are provided as a Potential Taslc later in this proposal.
Taslc S2. Tlueatened & Endanaered Suecies Consultation (Federal & State)
To comply Nvith federal and state la-,-, s regardiug uiipacts to tlueatened, endangered, and concerned
species (protected species) or their respective habitat and for purposes of project due diligence, Burns &
McDonnell ivill conduct an informal consultation ivith both the U.S. Fish and Wildlife Seiiice (FWS) and
Teias Parks and Wildlife Department (TPWD), respectivelv. Burns & McDonnell Nvi11 collect pertiuent
baclcground iuformation for the project area, as NNe11 as use iuformation collected during the Nvetland
assessment (Taslc S1), to prepare concurrence request letters, including pertinent figures and photogmphs.
For the TPWD, a Project Coordination and Reti-iew Request form vvill also be prepared. These letters
(and TPWD form) N-vill be provided to DME electrouically for revievv and one round of conuiients. Bums
& McDonnell vvi11 finalize the letters and submit them to the FWS and TPWD to seelc a project
concurrence.
Based on the current conditions of the project area, being mostly open fields adjacent to existing
manmade feahires, it is anticipated that the agencies will concur vvithout having to peiform any additional
studies or site visits. Therefore, tlus proposal does not include efforts for detailed habitat assessments,
species specific studies, or additional agency consultation.
Taslc S3. Cultural Resources RevieNV
Section 106 of the National Historic Preseiti-ation Act (NHPA) may app1y to a project if there is the
potential for uiipacts to cultural resources, a federal approval is required (e.g. Corps permit), or the project
is seelcing federal fundiug. If Section 106 applies, a federal agency (e.g. Corps) mav be N-villiug to
coordinate fiirther correspondence vvith other participating agencies, thus becoming a lead federal agency.
Although it is lilcely that Section 106 vvi11 not apply to the site, nor a lead federal agency vvi11 occur, it
Nvould be prudent for a cultural resources revievv to be conducted for the project site. As a result, Bums &
McDonnell proposes to peiform this site due diligence to address cultural resources by conducting
deslctop baclcground research, includiug revievv of the THC's Teias Historic Sites Atlas to determiue if
there are previously-recorded archaeological sites or properties listed on the National Register of Historic
Places (NRHP) vvithin or near the project area. The research vvi11 also include a reti-ievv of preti-ious
archaeological suitirevs iu the area. Data gathered duriug tlus research N-vill be analN-zed to establish a
baclcground for the project and to determine v,here archaeological sites are lilcely to occur in the project
11e1.
Once the background research is completed, Burns & McDonnell vvill draft a brief letter summarizing the
results of the review. Burns & McDonnell vvill provide the draft letter to DME for revievv and one round
of conuiients. Burns & McDoimell N-vi11 address pertiuent conuiients and fiualize the letter, then providiug
a final electronic version to DME.
If Section 106 does apply Burns & McDonnell has provided additional efforts for consultiug vvith the
THC and peiforming a cultural resources field suii ev as a Potential Taslc later in this proposal
(Attacluiient 4).
Taslc S4. TPDES Geneml Permit & SWPPP for "Constniction" Actiti-ities
Projects that vd11 disturb one or more acres of land, but less than five acres are requued to prepare a
Storm Water Pollution Preti-ention Plan (SWPPP), post a constniction site notice, and comply vvith the
TPDES General Permit requuements. For purposes of tlus proposal it is assumed that the project N-vill
disturb more than five acres, thus also subjectiug the project to submit a Notice of Iutent (NOI) to TCEQ
to obtain coverage under the permit. To obtain this permit, Burns & McDonnell Avill prepare the NOI
form and pertiuent required project iuformation. It is assumed that DME vvi11 provide the pertinent
project iuformation and details to prepare the NOL The NOI and accompanyiug cover letter N-vill be
provided to DME electronically for revievv and one round of comments. Upon receiving the comments,
Burns & McDonnell N-vi11 fiualize the documents and provide them to DME for signature and subnuttal to
the TCEQ. The NOI must be postmarked to the TCEQ at least seti-en days prior to stai-ting constniction.
The NOI paclcage vvi11 include a coti-er letter, the signed NOI, and permit fee in the atnount of $325 (to be
reuiibursed bv DME). If DME is alreadv iucluded in the TCEQ STEERS system then the application can
be submitted electronically,v, hich the permit coverage would start immediatelv, and include a fee of on1v
$225. - - -
In addition to the NOI package, and as a requirement of the General Permit, Burns & McDonnell will
prepare the SWPPP. Tlus document vvi11 include the pertiuent best management practices (BMPs) for the
project, as vve11 as Geneml Permit requuements. The SWPPP Avi11 need to be completed prior to
submitting the NOI to TCEQ; hovveti-er, it is not necessaiv to submit the SWPPP to TCEQ for reti-ieAV
unless requested. A tt-pical SWPPP contaius the project description, location of BMPs, erosion and
sediment control techniques, re-vegetation requirements, good houselceeping, grading plans, etc. It is
assumed that DME (or their engineer) vvill proti-ide the pertinent project information, including BMPs and
details to prepare the SWPPP. Burns & McDonnell N-vi11 provide a draft SWPPP to DME for revievv and
one round of comments. Upon receiving the comments, Burns & McDonnell vvill finalize the SWPPP
and provide up to five hard copies and one electronic copy to DME.
Task S5. Citv Land Dishirbini-, Activitv Permits & Plans
Suiiilar to the TPDES General Pernut for construction activities, Burns & McDonnell prepare and
assemble the pertinent permit applications (no more than 3) and attach the SWPPP to obtaiu pernuts from
the Citv for clearing and grading, gnibbing, and stockpiling/eicavation. It is assumed that the
iuformation required for the TPDES General Pernut NOI and SWPPP N-vill also suff~ice for applying and
receiviug the City pernut. Agaiu, based on discussions N-vith the City, it is uiiperative that DME
immediately proceeds vvith getting the proposed project site platted, because the City typica11y vvi11 not
issue pernuts 'without haviug a project platted.
From revievving aerial photographs of the site it appears that trees do not eiist on site, thus a Citv tree
suitirev Nvould not be necessaiv, thus NN ould not be iucluded as pai-t of the application package to the Citv.
Again it is assumed that pertinent engineering and design related information vvill be provided by DME
(or their engineer) to prepare the application and SWPPP.
For each of the three permit applications, Burns & McDonnell will provide a draft application paclcage to
DME for revievv and one round of comments. Upon receiving the comments, Burns & McDonnell vvill
fiualize the application paclcages and provide five hard copies and one electrouic copy (on CD) to DME
for signattire and submittal to the City. It is anticipated that each application fee is $ 100, and if paid by
Buns & McDonnell it N-vi11 be reuiibursed by DME.
Taslc S6. Federal Aviation Administration (FAA) Notifications
To address facility structure height (typically eihaust stacks and temporaiv construction equipment (e.(Y
.
cr3nes)), 3nd since the f3cility is in close proximity to the Denton Municipal Airpoil (niniv3v
approxiiiately one-mile vvest of site), Burns & McDonnell N-vi11 prepare up to tluee FAA Form 7460-1 and
subnut them electrouically to the FAA for a hazard to airspace revievv. It is assumed that DME (or their
engineer) vvi11 proti-ide the pertinent project information, such as stnicture height, eleti-ation data,
construction schedule, etc. The notif~ications and FAA responses N-vill also be provided to the Citt- to
address structure heights N-vithiu an IC-G designated area. It is assumed that the FAA N-vill determiue that
there vvill not be impacts to navigable airspace or inteiference to radar, thus no additional efforts Avill be
required for tlus Taslc. It is also assumed that facility structure heights (assume less than 140 feet tall)
Nvi11 be allovved bv the Citt-, thus not requuing an~- additional iuformation or pernut requirements (or
variances).
Proiect Coordination/Manauement
The proposed activities N-vi11 requue coordination vvith iutemal staff, as vve11 as vvith DME. To initiate the
project and to discuss in detail about the City's regulatoiv inti-oh-ement and permit requirements, Burns &
McDonnell anticipates hati-ing a Project Manager attend a one-day meeting in Denton, Texas. It is
anticipated that DME N-vi11 coordiuate tlus meeting N-vith Citt- pernuttiug staf£ If DME elects to iutemally
address City permitting prior to this meeting, then it is assumed this meeting vvill not be necessai-v.
To contiuue coordiuation of activities, provide status updates, and to discuss project iuformation, Bums &
McDonnell anticipates attending monthly conference calls (up to thcee meetings, each meeting expected
to be one-hour in length or less), along vvith email correspondence.
This Project Coordination/Management Taslc on1y includes efforts associated vvith the authorized taslcs
proposed aboti-e, thus additional authorized taslcs (e.g. potential taslcs) may ivarrant additional project
management/coordiuation efforts. It is estuiiated that project management and pernuttiug activities N-vi11
occur for about three months from the time the notice to proceed is issued by DME.
mteiitial Site Tasl:s
Potential Taslc S1. Section 404/401 Pernuttina
If vvetlands or others ivaters of the U. S. do eiist on site and cannot be avoided, it is assumed that impacts
vvould be less than a 0.5-acre, thus qualifving the project for a Nationivide Permit (NWP) 39. To obtain
tlus pernut, Burns & McDonnell N-vi11 prepare a Section 404 dredge and fill pernut application and provide
it to DME for revievv and one round of comments. Burns & McDonnell vvill address pertinent comments
and fiualize the application. The application along Nvith the previous completed Nvetland deliueation letter
report Nvi11 be provided to the Corps for revievv and issuance of aNWP 39. Iu Teias, Section 401 WQC's
are issued vvith all NWP's eicept for NWP 16, thus it is assumed no additional efforts for the Section 4()1
WQC N-vi11 be required for the project. Also assumes that nutigation N-vi11 not be required.
Potential Task S2. Cultural Resources Suii ev & THC Consultation
Once the baclcground research is completed for cultural resources, and if Section 106 applies, Burns &
McDonnell ~N ill draft a consultation letter to the THC. In addition and if necessai-v, consultation letters
vvi11 also be prepared for up to fiti-e Natiti-e American Tribes vvith a historic or current interest in the
project area. These letters vvill seitire to iuitiate consultation vvith THC and pertiuent tribes to ensure
compliance vvith Section 106 and state requirements. Typica11y, THC requests field suiti-eys for
greenfield sites prior to issuing a concurrence. As a result, Bums & McDonnell has proti-ided the efforts
to complete a field suitirey and follovv-up THC consultation as described belovv. If THC requires a field
suiti-ev, Bums & McDonnell vvi11 propose to conduct a Phase I Cultuml Resources Suiti-ey for the project
site as described belovv.
A Bums & McDonnell archaeologist vvi11 conduct a pedestrian suiti-ey of the project site (6.5 acres) to
identif~- the presence of cultural resources. The ground suiface it1~ the suitire~- areai11 be eiaiiiiued
for thepresence of cultural materials. Iu areas -,-,here suiface visibilitt- is poor, shovel testing N-vi11 be
conducted; hovvever for purposes of this proposal it is assumed that visual inspection can occur for K()%,
of the suitirey area. All soil eicatirated from shovel tests N-vill be screened tluough'/a-iuch (6 nuii) N-vire
mesh to facilitate artifact recoveiv. Tlus effort N-vi11 not include an arclutectural revie'kv as it is assumed
that old building stnictLires wi11 not be impacted by the project.
Once the field-ovork is completed, a report be generated. Tlus report vd11 describe any cultural
resources identified, and giti-e recommendations as to the NRHP eligibilit~- of anv resources. An
electrouic version of the report vdll be subnutted to DME for revievv and one round of conuiients. Once
the pertinent comments are addressed, the report vvill be submitted to the THC, as vvell as appropriate
Natiti-e American Tribes (assumes no more than fiti-e) for reti-ievv and comment. Agency and tribal
conuiients N-vi11 be addressed and the report N-vi11 be produced iu fiual form. The fiual report N-vi11 be
submitted to the THC, Native American Tribes, and DME. It is anticipated that no more than the Phase I
suiti-ev vvi11 be required to obtain THC and tribal concurrence for the project, thus no additional studies or
testing N-vill be requued.
Tlus Taslc N-,as generated based on the follovviug assumptions:
• Because such costs are uiipossible to lcnoN-, beforehand, costs for the curation of cultural
iuformation/materials collected during the suitirey are not iucluded in tlus proposal
• Costs for deep testiug (i.e. geomorpholo(,N-) hatire not been iucluded iu tlus proposal
0 Costs for NRHP siguificance testiug (i.e. Phase II) hatire not been iucluded in tlus proposal
Pronosed Pineline Services
Manv of these tasks include the same efforts as described for the site. As result, and to reduce the pages
of tlus proposal, the saiiie detailed efforts for each taslc may not be repeated. Additional activities to
complete the respective taslc have been provided.
i°ma)msed ii)eliiie Tasl:s
Task P1. Wetland Assessment/Delineation
This Task ivill consist of the same effort as described above for the site, but ivill on1v include the pipeline
portion of the project. The satne assumptions are considered for this pipeline effort as for the site.
Taslc P2. T&E Saecies Consultation (Federal & State)
This Task ivill consist of the same effort as described above for the site, but ivill on1v include the pipeline
portion of the project. The satne assumptions are considered for this pipeline effort as for the site.
Based on the current location of the pipeline ROW, being adjacent to eiisting roadivays and mostly open
fields, it is anticipated that the agencies concur vdthout liaviug to perform any additional studies or
site visits. Therefore, tlus proposal does not include efforts for detailed habitat assessments, species
specific stLidies, or additional agency consultation.
Taslc P3. Cultural Resources RevieNV
This Task ivill consist of the same effort as described above for the site, but ivill on1v include the pipeline
portion of the project. The saiiie assumptions are considered for tlus pipeline effort as for the site.
Taslc P4. TPDES Geneml Permit & SWPPP for "Constniction" Actiti-ities
This Task ivill consist of the same effort as described above for the site, but ivill on1v include the pipeline
portion of the project. The satne assumptions are considered for this pipeline effort as for the site.
Task P5. Citv Land Dishirbini-, Activitv Permits & Plans
This Task ivill be the same as for the site, including the same assumptions.
Task P6. Citv Oil/Gas Pibeline License Aureement
Iu order to cross City streets and utilize Citt- ROW for locatiug the gas pipeliue and for access to
construction areas, approval must be obtaiued by the City. As a result, Burns & McDonnell Nvill prepare
the application package to obtain such approvals. This will entail completion of an application form and
assembliug pertiuent project iuformation, iucludiug design details, location plans, access plans/details,
operatiug paraiiieters, vahre locations, traffic control plans, etc. It is assumed that pertiuent gas pipeliue
information, including a traffic control plan (if necessai-v)ivill be provided by DME (or their engineer) to
prepare the application paclcage.
Burns & McDonnell will provide a draft application package to DME for reviev, and one round of
conuiients. Upon receiviug the conuiients, Burns & McDonnell fiualize the application paclcage and
proti-ide 14 hard copies and one electronic copy (on CD) to DME for signature and submittal to the Citv.
Initial base application fee is $1,000, folloived by $500 and $250 additional fees for crossings of Citv
streets and public tracts, respectively. If application fee paid by Buns & McDonnell it Nvi11 be reuiibursed
bv DME. Assumes all crossings ivill be included in one application.
Proiect Coordiuation/ManaQement
As vvith the site permitting, the proposed activities vvill require close coordination vvith Burns &
McDonnell internal staff, as vve11 as vvith DME. To initiate the project and to discuss in detail about the
Citv's regulatoiv iuvohrement and permit requirements, Burns & McDonnell anticipates haviug a Project
Manager attenda one-day meeting in Denton, Teias. It is anticipated that DME vvill coordinate this
meeting with the City's permitting staff 3s vve1L If DME elects to internally 3ddress City permitting prior
to tlus meeting, then it is assumed tlus meetiug N-vi11 not be necessaiy.
To continue coordination of actiti-ities, proti-ide statLis updates, and to discuss project information, Bums &
McDonnell anticipates attending montlily conference calls (up to tluee meetings, each meeting eipected
to be one-hour in length or less), along vvith email correspondence.
Tlus Project Coordiuation/Management Taslc only iucludes efforts associated vvith the authorized taslcs
proposed aboti-e, thus additional authorized taslcs mav ~varrant additional project
management/coordiuation efforts. It is estuiiated that project management and pernuttiug activities N-vi11
occur for about tluee months from the tuiie the notice to proceed is issued by DME.
Pmtential Pii)eline 'I'asl:s
Potential Task P 1. Section 404/4( )1 Permittini-Y
Tlus Taslc Nvould assume to be the saiiie as for the potential site efforts described above, thus the saiiie
assumptions are considered for the pipeline effort as for the site. However, it is anticipated that a NWP
12 Nvould be issued for the pipeliue.
Potential Task P2. Cultural Resources Suii ev & THC Consultation
Tlus Taslc Nvould assume to be the saiiie as for the potential site efforts described above, thus the saiiie
assumptions are considered for this pipeline effort as for the site described above.
Potential Taslc P3. Citv Tree Suii ev & Preseii ation/Mitiuation Plan
If the pipeline clnnot avoid vvooded areas and DME is not eiempt from follovving the City's Tree
Preseitiration Code, Bums & McDonnell N-vi11 peiform a tree iuventoiv (suitirey) for the pipeline ROW
follovving the City's Tree Protection Standards. During the vvetland delineation field efforts described
aboti-e, vve vvi11 identffi- areas that contain trees within the proposed 30-foot ROW (lilcely the area along
Old State HighNvav 24) that are 3 inches or more dbh. The tree iuventoiv N-vi11 be peiformed along Nvith
the vvetland delineation, thus likely during vvinter v, hen trees vvill have no or minimal foliage as not to
adti-erselv affect the abilitv to record tree locations using GPS. Trees 6 inches or greater dbh vvi11 be
identif~ied to species level and their location N-vi11 be recorded usiug a Truiible sub-meter GPS unit. The
dbh (in inches) and health condition of each tree vvill also be recorded. Areas containing 3-inch dbh trees
N-vi11 be recorded for purposes of applyiug for a tree removal permit described beloNv. Based on the results
of tlus iuventoiy, NN eNN ill generate and provide a tree suitirey map (and pertiuent GIS data layers) and data
summaiv table to DME. The map vvill shovv the location of the recorded trees, as vvell as the potential
critical root zone area for each protected tree (6-inch dbh and of certaiu species).
Through coordination vvith DME or their engineer, protected trees to remain vvithin the ROW vvill be
determiued. These trees, along Nvith other protected and unprotected 6-inch dbh trees (that N-vill and NNi11
not remain) vvill be represented on a map. A table including pertinent information for each tree vvill
accompany the map, thus representing the tree suiti-ey preseiti-ation/mitigation plan. Trees that Avi11 be
removed and that are 6-iuch dbh or greater N-vi11 requue mitigation. It appears that gas pipeliues can
mitigate on a fee basis, v, hich is determined bv the size (diameter) of the tree. To obtain approval of the
plan and a tree removal permit, the tree suii ey preseii ation/mitigation plan information vvill be submitted
to the City Landscape Admiuistrator for revievv and determiuation of the nutigation fee. Mitigation fees
are not included vvithin this proposal. Prior to submitting the plan information to the City, Burns &
McDonnell vvi11 proti-ide a dmft copy to DME for reti-ievv and one round of comments. Bums &
McDonnell N-vi11 then address conuiients and fmalize the plans. Prior to completion of project gradiug,
gnibbing, eicavation plans and permits (as described belovv), the tree suii ey and preseil ation/mitigation
p13n vvi11 need to be completed 3s it must 3ccomp3nv the Citv L3nd Disturbing Actiti-ity permit
applications.
In addition, after identif~-ing a11 protected trees to remain and receiti-ing City approti a1, and prior to
construction, Burns & McDonnell Nvi11 tag each protected tree to remain with an identification tag and
flag vvith suii ey tape. DME or their contractor iN, ill assume responsibilities for protecting trees during
construction such as iustalliug protection fences prior to site preparation activities and N-vi11 maiutaiu tree
plOteCtlOll ZOlleS tIl10UbIlOUt COllStTUCtlOll.
For purposes of tlus proposal a separate trip to conduct tree taggiug N-vi11 be necessaiy. Also, it is assumed
that no more than 50 trees N-vill need to be suitireyed and recorded and no more than 25 protected trees will
remain that vvill need tagging. Details regarding design and ROW, including elevation contours vvill be
provided bv DME (or their engineer).
In addition, and to reduce costs for the proposed City Tree Suii ey (described later in this proposal), areas
contai.u.i.ng trees that are 3-iuch or greater diaiiieter at breast height (dbh) N-vi11 be recorded duriug the
delineation fieldivorlc.
Other Services
Qther Pmtential Site Tasl.s
Potential Taslc S3. TPDES Multi-Sector Geneml Permit & SWPPP (ObeMtion)
Siuce the facility is a CHP project, it -,vill lilcely require a TPDES Multi-Sector Storm Water Runoff
Geneml Permit from the TCEQ prior to operation of the facility. To obtain this permit, Bums &
McDonnell ivi11 prepare an NOI form, including pertinent project information. The form and associated
iuformation constitute the application paclcage. It is assumed that DME (or their engineer) Nvill provide
the pertinent project details/information to prepare the application paclcage. The application paclcage Avill
be provided to DME electronically for reviev, and one round of comments. Upon receiving the
conuiients, Burns & McDonnell Nvi11 fiualize the submittal paclcage and provide it to DME for signature
-tnd submittal to the TCEQ. The NOI must be postmarlced to the TCEQ at least 48 hours prior to starting
operation of the facility (or discharge event). The NOI paclcage ivill include a cover letter, the signed
NOI, pertiuent project iuformation, and an application fee iu the asiiount of $100 (to be reuiibursed by
DME). If DME is alreadv listed in the TCEQ STEERS system then the application can be submitted
electrouically. Then, the pernut coverage Nvould start iu 24 hours, and the fee can be paid on-line (to be
reuiibursed bv DME).
Iu addition to the application paclcage, and as a requirement of the General Pernut, Burns & McDonnell
prepare an operational SWPPP. Tlus document iuclude the operational BMPs for the project, as
ivell as General Permit requirements. Similar to a SWPPP for constniction activities, the SWPPP ivill
contaiu the project description, location of BMPs, pollution prevention measure teclniques, location of
outfalls, good houselceeping, monitoring plan, etc. It is assumed that DME ivill provide the pertinent
project information, including storm water plans, outfall locations, calculations, etc. to prepare the
SWPPP. Burns & McDonnell Nvi11 provide a draft SWPPP to DME for reviev' and one round of
comments. Upon receiving the comments, Burns & McDonnell ivill finalize the SWPPP and provide up
to three hard copies and one electronic copy to DME.
Potential Task 54. Buildini-, Permit Assistlnce
According to the City, many approvals c1n be granted under the Building Permit application. Part of the
Buildiug Pernut application iucludes an enviroiuiiental reviev, . As a result, Burns & McDonnell is
proposing a level of effort to assist DME ivith preparing portions of the application, lilcely the
enviroiuiiental review and NNasteNNater discharge portions. It is unlcnoN-,n at tlus tuiie NNhat eiactly Nvi11 be
needed or N-,hat enviroiuiiental resources eiist or Nvi11 be uiipacted by the project, thus only a specified
level of assistlnce has been included in this proposaL It is assumed that a summaiv of natural resource
uiipacts Nvi11 be provided, includiug Nvetlands, habitat, cultural resources, floodplaiu, and possibly au
enussions and Nvastevmter discharges (stormNNater, industrial, and sasutaiv). Because the facilitt- is
proposing to discharge its industrial ivastewater and sanitai-v wastes to the City's seive6vastew~ater
treahiient facility, and consideriug that the Citt- has a State-approved treahiient s~-stem, approval must be
granted prior to dischargiug NN asteNN ater to the~Citt's facilit~-. It is lilcel~- that the Cit~- Nvi11 requue detailed
information for these discharges. For purposes of this proposal it is assumed that the project engineer ivi11
provide detailed Nvater supply, discharge, and sasutaiy iuformation to be iucluded Nvithiu the application.
Detailed information mav not be limited to aivater balance, effluent characteristics, proposed treatment
measures, monitoring measures, site plan, sanitaiv details, etc.
It is assumed that DME (or their engineer) ivill talce the lead on preparing and submitting the application
to the Citv. It is also assumed that the Citv can issue this approti-a1/permit ivithout TCEQs reti-ieAV,
inteii ention, or comments. The cost to collect and ana1N ze an~ i-vater supply sanples and/or to determine
effluent characteristics is not iucluded iu tlus proposal
Potential Task S5. Noise Studv
To determiue if the project N-vi11 comply vvith the Citt's noise requuements, Burns & McDo~ell ~~i11
conduct a noise study. The Citv's noise ordinance vvi11 be reti-ievved for applicability to this project and
site.
A TNpe I noise meter vvi11 be used to talce noise measurements at ti-arious locations around the property
-tnd as close to the nearest residences as possible at four different time periods during the day and
uighttuiie to determiue eiistiug asiibient noise leNrels iu the area. The meter N-vi11 record total asiibient
noise leNrels (dBA) as vvell as individual octave bands. Noise measurements will be made in accordance
'with appropriate sound ordiuances.
Operational noise leNrels vvill be predicted using state-of-the-art noise modeling soffivare, CadnaA, by
DataIiustilc. Sound povver leNrels for each piece of neN-, sound-enuttiug equipment N-vi11 be iucluded in the
modeL The noise model follovvs ISO 9613 for noise propagation and calculation of noise given
attenuation and reflection from buildings, terrain, and etc. The model vvill predict overall sound leNrels at
each nearbv receiver and locations N-,here eiisting noise measurements vvere talcen. Noise contours N-vi11
be developed from the model to display the noise as it is propagated to the area surrounding the site.
The measured asiibient background noise leNrels N-vi11 be compared to the model project equipment's total
noise leNrels at each receiti-er. The project noise leNrels vvi11 be compared to any 1oca1 or state noise
requirements. If unacceptable noise impacts are predicted at the property line or the residences, the model
may be updated to determiue the effects of nutigation to the site, such as noise N-valls, berms, mechasucal
noise silencers, and etc. Tvvo rounds of modeling iterations are included in this scope to obtain noise
leNrels at the propern line or residences to belov, acceptable or regulatoi-v standards.
A report summarizing the noise monitoring efforts and the noise projections vvi11 be sent to DME for their
revievv. Burns & McDonnell N-vi11 iucorporate DME's revisions and a fiual report N-vi11 be sent to DME.
The cost estuiiate for tlus activitv assumes:
• noise measurements vvill talce no more than tivo davs
• the noise meter wi11 record total noise leNrels (dBA) as N-ve11 as iudividual octatire bands
•vveather conditions vvill be adequate for monitoring (Avind speed less than 1() mph and no
pre cipitation)
• 100 percent property access vvill be granted
• Sound povver leNrels for the equipment N-vi11 be required for the model. Where applicable, Burns &
McDonnell mav use some of their sound povver leNrels from other projects. Other sound povver
leNrels vvi11 be required from the manufacturer of each piece of equipment
Potential Taslc S6. TPDES General Permit for HN-drostatic TestinLy
A permit from TCEQ wi11 be required prior to discharging wastewaters to suiffice waters that are
associated vvith hydrostatic testiug of certaiu facilities (e.g. pipeliues, tanlcs, etc.). To obtaiu tlus pernut,
Burns & McDonnell vvi11 prep3re 3n NOI form, including peitinent project inform3tion. It is 3ssumed th3t
DME (or their engiueer) N~i11 provide the pertiuent project details/iuformation to prepare the NOL The
NOI N-vill be provided to DME electrouically for revievv and one round of conuiients. Upon receiving the
comments, Burns & McDonnell vvill finalize the NOI and provide it to DME for signature and submittal
to the TCEQ. The NOI must be poshiiarlced to the TCEQ at least 48 hours prior to discharge (there is no
STEERs or electronic filing for this particular permit). The NOI package vvill include an application fee in
the asiiount of $100 (to be reuiibursed bv DME). The cost to collect and analN-ze anv hvdrostatic
discharge i-vater samples is not included.
Qther mtential ii)eline Tasks
Potential Taslc P4. TPDES General Permit for HN-drostatic Testiua
This Task vvill consist of the same effort as described above for the site, but vvill on1v include the pipeline
portion of the project. The saiiie assumptions are considered for tlus pipeline effort as for the site.
ATTACHMENT B
Terms & Conditions
BURNS & MCDONNELL ENGINEERING COMPANY, INC.
TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
Project : Environmental Permittina 10 MWCHP/Piaeline Proiect
Client: Denton Municiaal Electric
1. SCOPE OF SERVICES
For the above-referenced Project, Burns & McDonnell Engineering
Company, Ina ("BMCD") will perform the services set forth in the
above-referenced Letter, Proposal or Agreement, in accordance with
these Terms and Conditions. BMCD has relied upon the information
provided by Client in the preparation of the Proposal, and shall rely on
the information provided by or through Client during the execution of
this Project as complete and accurate without independent verification.
2. PAYMENTS TO BMCD
A. Compensation will be as stated in the above-referenced Letter,
Proposal or Agreement. Statements will be in BMCD's standard format
and are payable upon receipt. Time is of the essence in payment of
statements, and timely payment is a material part of the consideration
of this Agreement. A late payment charge will be added to all amounts
not paid within 30 days of statement date and shall be calculated at 1.5
percent per month from statement date. Client shall reimburse any
costs incurred by BMCD in collecting any delinquent amount, including
reasonable attorney's fees. If a portion of BMCD's statement is
disputed, Client shall pay the undisputed portion by the due date.
Client shall advise BMCD in writing of the basis for any disputed
portion of any statement.
B. Taxes as may be imposed on professional consulting services by
state or local authorities shall be in addition to the payment stated in
the above-referenced Letter, Proposal or Agreement.
3. INSURANCE
A. During the course of performance of its services, BMCD will
maintain Worker's Compensation insurance with limits as required by
statute, Employer's Liability insurance with limits of $1,000,000 and
Commercial General Liability and Automobile Liability insurance each
with combined single limits of $1,000,000.
B. If the Project involves on-site construction, construction contractors
shall be required to provide (or Client may provide) Owner's Protective
Liability Insurance naming Client as a Named Insured and BMCD as
an Additional Insured or to endorse Client and BMCD using ISO form
CG 20 10 11 85 endorsement or its equivalent as Additional Insureds
on all construction contractor's liability insurance policies covering
claims for personal injuries and property damage in at least the
amounts required of BMCD in 3 A above. Construction contractors
shall be required to provide certificates evidencing such insurance to
Client and BMCD. Contractor's compensation shall include the cost of
such insurance including coverage for contractual and indemnification
obligations herein.
C. Client and BMCD release each other and waive all rights of
subrogation against each other and their officers, directors, agents, or
employees for damage covered by property insurance during and after
the completion of BMCD's services. A provision similar to this shall be
incorporated into all construction contracts entered into by Client, and
all construction contractors shall be required to provide waivers of
subrogation in favor of Client and BMCD for damage covered by any
construction contractor's property insurance.
4. INDEMNIFICATION
A. To the extent allowed by law, Client will require all construction
contractors to indemnify, defend and hold harmless Client and BMCD
from any and all loss where loss is caused or alleged to be caused in
whole or in part by the construction contractors, their employees,
agents, subcontractors or suppliers.
B. If this Project involves construction and BMCD does not provide
consulting services during construction including, but not limited to, on-
site monitoring, site visits, site observation, shop drawing review and/or
design clarifications, Client agrees to indemnify and hold harmless
BMCD from any liability arising from this Project or Agreement, except
to the extent caused by BMCD's negligence.
Date of Letter, Proposal or Agreement: Januarv 18. 2011
Client Signature:
5. PROFESSIONAL RESPONSIBILITY - LIMITATION OF
REMEDIES
A. BMCD will exercise reasonable skill, care and diligence in the
performance of its services and will carry out its responsibilities in
accordance with customarily accepted professional practices. If BMCD
fails to meet the foregoing standard, BMCD will perform at its own cost,
the professional services necessary to correct errors and omissions
reported to BMCD in writing within one year from the completion of
BMCD's services for the Project. No warranty, express or implied, is
included in this Agreement or regarding any drawing, specification, or
other work product or instrument of service.
B. In no event will BMCD be liable for any special, indirect or
consequential damages including, without limitation, damages or
losses in the nature of increased Project costs, loss of revenue or
profit, lost production, claims by customers of Client or for
governmental fines or penalties.
C. BMCD's aggregate liability for all damages connected with its
services for the Project not excluded by the preceding subparagraph,
whether or not covered by BMCD's insurance, will not exceed the
greater of $100,000 or the compensation paid for BMCD's services.
D. These mutually negotiated obligations and remedies stated in this
Paragraph 5, Professional Responsibility - Limitation of Remedies, are
the sole and exclusive obligations of BMCD and remedies of Client,
whether liability of BMCD is based on contract, warranty, strict liability,
tort (including negligence), indemnity or otherwise.
6. PERIOD OF SERVICE AND SCHEDULE
The provisions of this Agreement have been agreed to in anticipation
of the orderly and continuous progress of the Project through
completion of the services stated in the Proposal. BMCD's obligation to
render services hereunder will extend for a period, which may
reasonably be required for the completion of said services. BMCD shall
make reasonable efforts to comply with deliverable schedules (if any)
and consistent with BMCD's professional responsibility.
7. COMPUTER PROGRAMS OR MODELS
Any use, development, modification, or integration by BMCD of
computer models or programs does not constitute ownership or a
license to Client to use or modify such computer models or programs.
8. ELECTRONIC MEDIA AND DATA TRANSMISSIONS
A. Any electronic media (computer disks, tapes, etc.) or data
transmissions furnished (including Project Web Sites or CAD file
transmissions) are for Client information and convenience only. Such
media or transmissions are not to be considered part of BMCD's
instruments of service. BMCD, at its option, may remove all indicia of
its ownership and involvement from each electronic display.
B. BMCD shall not be liable for loss or damage directly or indirectly,
arising out of ClienYs use of electronic media or data transmissions.
9. DOCUMENTS
A. All documents prepared by BMCD pursuant to this Agreement are
instruments of service in respect of the Project specified herein. They
are not intended or represented to be suitable for reuse by Client or
others in extensions of the Project beyond that now contemplated or
on any other Project. Any reuse, extension, or completion by Client or
others without written verification, adaptation, and permission by
BMCD for the specific purpose intended will be at ClienYs sole risk and
without liability or legal exposure to BMCD.
B. In the event that BMCD is to reuse, copy or adapt all or portions of
reports, plans or specifications prepared by others, Client represents
that Client either possesses or will obtain permission and necessary
rights in copyright, patents or other proprietary rights and will be
responsible for any infringement claims by others. Client warrants the
completeness, accuracy and efficacy the information, data, and design
provided by or through Client (including prepared for Client by others),
for which BMCD shall rely on to perform and complete iYs services.
(continued on reverse side)
HOU TC DME Edits Final_Permitting
10. ESTIMATES, SCHEDULES, FORECASTS, AND PROJECTIONS
Estimates, schedules, forecasts, and projections prepared by BMCD
relating to loads, interest rates and other financial analysis parameters,
construction costs and schedules, operation and maintenance costs,
equipment characteristics and performance, and operating results are
opinions based on BMCD's experience, qualifications and judgment as
a professional. Since BMCD has no control over weather, cost and
availability of labor, material and equipment, cost of fuel or other
utilities, labor productivity, construction contractor's procedures and
methods, unavoidable delays, construction contractor's methods of
determining prices, economic conditions, government regulations and
laws (including the interpretation thereof), competitive bidding or
market conditions and other factors affecting such estimates or
projections, BMCD does not guarantee that actual rates, costs,
quantities, performance, schedules, etc., will not vary significantly from
estimates and projections prepared by BMCD.
11. POLLUTION
In view of the uncertainty involved in investigating and recommending
solutions to environmental problems and the abnormal degree of risk
of claims imposed upon BMCD in performing such services,
notwithstanding the responsibility of BMCD set forth in Paragraph 5.A;
To the maximum extent allowed by law, Client agrees to release,
defend, indemnify and hold harmless BMCD and its officers, directors,
employees, agents, consultants and subcontractors from all liability,
claims, demands, damages, losses, and expenses, including, but not
limited to, claims of Client and other persons and organizations,
reasonable fees and expenses of attorneys and consultants, and court
costs, except where there has been a final adjudication that the
damages were caused by BMCD's willful disregard of its obligations
under this Agreement. Such indemnification includes claims arising
out of or in any way relating to the actual, alleged, or threatened
dispersal, escape, or release of, or failure to detect or contain,
chemicals, wastes, liquids, gases or any other material, irritant,
contaminant or pollutant.
12. ON-SITE SERVICES
A. Project site visits by BMCD during investigation, observation,
construction or equipment installation, or the furnishing of Project
representatives shall not make BMCD responsible for construction
means, methods, techniques, sequences or procedures; for
construction safety precautions or programs; or for any construction
contractor(s') failure to perform its work in accordance with the contract
documents.
B. Client shall disclose to BMCD the location and types of any known
or suspected toxic, hazardous or chemical materials or wastes existing
on or near the premises upon which work is to be performed by
BMCD's employees or subcontractors. If any hazardous wastes not
identified by Client are discovered after a Project is undertaken, Client
and BMCD agree that the scope of services, schedule and
compensation may be adjusted accordingly. Client agrees to release
BMCD from all damages related to any pre-existing pollutant,
contaminant, toxic, or hazardous substance at the site.
13. CHANGES
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation and
schedule, upon execution of a mutually acceptable amendment or
change order signed by authorized representatives of Client and
BMCD.
14. TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by BMCD in terminating the services such as wrapping
up, debriefing, filing, and archiving the project.
15. DISPUTES, NEGOTIATIONS, MEDIATION
A. If a dispute arises relating to the performance of the services to be
provided and should that dispute result in litigation, it is agreed that the
substantially prevailing party (as determined in equity by the court)
shall be entitled to recover all reasonable costs of litigation, including,
court costs, and attorney's fees.
B. The parties shall participate in good faith negotiations to resolve
any and all disputes. Should negotiations fail, the parties agree to
submit to and participate in a third party facilitated mediation as a
condition precedent to resolution by litigation. Unless otherwise agreed
to, mediation shall be conducted under the rules of the American
Arbitration Association.
C. Causes of action between the parties shall accrue, and applicable
statutes of limitation shall commence to run the date BMCD's services
are substantially complete.
16. WITNESS FEES
A. BMCD's employees shall not be retained as expert witnesses,
except by separate written agreement.
B. Client agrees to pay BMCD pursuant to BMCD's then current
schedule of hourly labor billing rates for time spent by any employee of
BMCD responding to any subpoena by any party in any dispute as an
occurrence witness or to assemble and produce documents resulting
from BMCD's services under this Agreement.
17. CONTROLLING LAW AND VENUE
This Agreement shall be subject to, interpreted and enforced according
to the laws of the State of Texas, without regard to any conflicts of law
provisions. Parties agree to submit to the exclusive venue and
jurisdiction of the State District Court, Dallas County, Texas, or the
United States District Court. Northern District of Texas.
18. RIGHTS AND BENEFITS - NO ASSIGNMENT
BMCD's services will be performed solely for the benefit of Client and
not for the benefit of any other persons or entities. Neither Client nor
BMCD shall assign or transfer interest in this Agreement without the
written consent of the other.
19. ENTIRE CONTRACT
These Terms and Conditions and the above-referenced Letter,
Proposal or Agreement contain the entire agreement between BMCD
and Client relative to BMCD's services for the Project herein. All
previous or contemporaneous agreements, representations, promises
and conditions relating to BMCD's services for the Project are
superseded. Since terms contained in purchase orders do not
generally apply to professional services, in the event Client issues to
BMCD a purchase order, no preprinted terms thereon shall become
part of this Agreement. Said purchase order documents, whether or
not signed by BMCD, shall be considered only as an internal document
of Client to facilitate administrative requirements of ClienYs operations.
20. SEVERABILITY
Any unenforceable provision herein shall be amended to the extent
necessary to make it enforceable; if not possible, it shall be deleted
and all other provisions shall remain in full force and affect.
-END-
HOU TC DME Edits Final_Permitting
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
January ?4, 210 11
After deterinining that a quoniin 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, January 24, 2011 at 9:04 a.m. in the Service Center Traiiung Rooin, City of Denton
Service Center, 901-A TeYas Street, Denton.
Present: Chair Diclc Smith, Vice Chair Bill Cheelc (departed at 10:45), Bill Gnibbs, Phil
Gallivan, and Barbara Russell
EY Officio Meinber:
George Campbell, City Manager
Howard Martin, ACM Utilities
Absent: Jolui Baines eYCUSed, Randy Robinson
ITEMS FOR INDIVIDUAL CONSIDERATION:
3) Consider a recommendation of approval of a professional services agreement by and between
the City of Denton, TeYas and Burns & McDoiuiell for enviroiunental services and studies
related to the developinent of the 10 MW CHP facility in Denton, Texas, in the original
principal suin of not-to-exceed $146,806.
Board Meinber aslced what the Cultural Recourse Survey was. Plul Williams, General Manager
DME, stated that it is the Texas Historical Commission.
Board Member Russell moved to approve item 5 with a second from Board Member
Cheek. The motion was approved by a 5-0 vote.
Adjournment was at 11:04 a.m.
s:Uegal\our documents\niscellaneous\i l\oncor-suspend effective date.doc
AGENDA INFORMATION SHEET
AGENDA DATE: February 1, 2011
DEPARTMENT: Legal Department
CM/DCM/ACM: John Knight, Deputy City Attorney
SUBJECT: Consider approval of a resolution of the City Council of the City of Denton, Texas
suspending the effective date for ninety days in connection with the rate increase filing of Oncor
Electric Delivery Company LLC on January 7, 2011; finding that the meeting complies with the
Open Meetings Act; making other findings and provisions related to the subject; and declaring an
effective date
BACKGROUND: On or about January 7, 2011, Oncor Electric Delivery Company LLC
("Oncor" or "Company") filed a Statement of Intent to increase rates by approximately $353
million, which equates to an increase of approximately 12.6%. As part of its application, Oncor
proposes an effective date of February 14, 2011.
As proposed by Oncor, a residential customer that uses 1300 kWh per month would see an
increase in their bill of about $5.00, and as a class the residential customers would experience an
increase of about 15% while the small commercial rate class would see a 13% to 16% increase in
base rates, and the large commercial rate class would see a 5% increase. Also, Oncor's request
would increase rates for Lighting services by 26%. Oncor is also asking for a return on equity of
11.25%; the Public Utility Commission of Texas in Oncor's last rate case approved a return on
equity of 10.25%. Oncor's requested return on equity appears high. Oncor is also proposing to
recover its costs for vegetation management through a surcharge that would produce an
additional $34.6 million per year over its test year amount.
The City must take action on Oncor's Statement of Intent before February 14, 2011. Absent
such action, Oncor's rates are deemed approved by operation of law, subject to the City's ability
to continue a hearing in progress on Oncor's application.
ALLIANCE OF ONCOR CITIES: The Alliance of Oncar Cities ("AOC") was organized by a
number of municipalities, served by Oncor; the Alliance was formerly known as the "Alliance of
TXU/Oncor Cities." The law firm of Herrera & Boyle, PLLC (through Mr. Alfred R. Herrera
and Mr. Jim Boyle) represented the AOC in a rate case involving Oncor and obtained a favorable
outcome for the AOC cities in terms of the rates Oncor was allowed to charge within the AOC
cities and was successful in preserving the cities' and Oncar's agreement for a 5% increase in
franchise fees paid to the AOC cities.
INTERVENTION AT THE PUBLIC UTILITY COMMISSION OF TEXAS: Oncor filed
its Statement of Intent to raise rates with the City and the Public Utility Commission of Texas
("PUCT") on the same date. Also, under the Public Utility Regulatory Act, absent an extension
of the timeframe within which to act by agreement with Oncor, the PUCT has 185 days within
which to enter a final order on Oncor's request. This means that a schedule for the case will be
set in short order. Discovery will begin immediately. Discovery involves asking for information
from Oncor. This is a critical stage in the proceeding. The City's participation in this stage of the
process is very important. The City will be able to participate in the Steering Committee for
AOC in selecting experts and in setting goals and objectives for the case.
RATE CASE EXPENSES: Cities, by statute, are entitled to recover their reasonable rate case
expenses from the utility. Legal counsel and consultants approved by the coalition will submit
monthly invoices to the coalition-designated city that will be forwarded to Oncor for
reimbursement. No individual city's budget is directly affected.
SUSPENSION: In order to have time to review what this voluminous rate-filing package, the
Council is requested to suspend the effective date for ninety (90) days as provided by PURA. It
is a virtual impossibility for the City to set just and reasonable rates without suspending the rate
request for ninety days; suspension of Oncor's proposed effective date will permit its special
regulatory counsel and experts an opportunity to perform a better review of Oncor's application.
OPTIONS:
1. Approve the Resolution.
2. Deny the Resolution
RECOMMENDATION: It is recommended that the City continue its participation in the
Alliance of Oncor Cities and retain the law firm of Herrera & Boyle, PLLC to represent the
City's interest in proceedings related to Oncor's rate case and to advise the City with regard to
Oncor's application and that the City intervene in the proceeding before the Public Utility
Commission of Texas.
The recommendation is also to suspend Oncor's proposed effective date for its proposed increase
in rates as set forth in Oncor's Statement of Intent.
The City must take action no later than February 14, 2011. If the City does not take action by
February 14, 2011, Oncar's proposed rates will be deemed approved by operation of law, subject
to the City's right to hold hearing to address Oncor's rate application.
Respectfully submitted,
,.l
Knight
Page 2
s:Uegal\our documents\resolutions\l l\oncor-suspend proposed effective date.doc
RESOLUTION NO.
A RESOLUTION BY THE CITY OF DENTON, TEXAS ("CITY") SUSPENDING THE
EFFECTIVE DATE FOR NINETY DAYS 1N CONNECTION WITH THE RATE INCREASE
FILING OF ONCOR ELECTRIC DELIVERY COMPANY LLC ON JANUARY 7, 2011;
FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor" or "Company") filed a
Statement of Intent with the City on or about January 7, 2011 to increase its system-wide, annual
revenue requirement, by approximately $353 million, its system-wide residential base rates by
approximately 15%, and Lighting rates by approximately 26% increase, and seeks a vegetation-
management surcharge to recover revenues in the amount of approximately $34.6 million above
actual expense; and
WHEREAS, the City is a regulatory authority under the Public Utility Regulatory Act
("PURA") and under Chapter 33, §33.001 et seq. of PURA has exclusive original jurisdiction
over Oncor's rates, operations, and services within the municipality; and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing, analyzing and investigating Oncor' rate request and its changes in tariffs it is prudent
to coordinate the City's efforts with a coalition of similarly situated municipalities; and
WHEREAS, the City, in matters regarding applications by Oncor to change rates, has in
the past joined with other local regulatory authorities to form the Alliance of Oncor Cities
("AOC"), formerly known as the "Alliance of TXU/Oncor Cities" ("ATOC"), and hereby
continues its participation in AOC; and
WHEREAS, Oncor's rate request consists of a voluminous amount information including
Oncor's rate-filing package, pre-filed direct testimony, exhibits, schedules, and workpapers; and
WHEREAS, Oncor proposed February 14, 2011 as the effective date for its requested
increase in rates; and
WHEREAS, it is not possible for the City to complete its review of Oncor' filing by
February 14, 2011; and
WHEREAS, the City will need an adequate amount of time to review and evaluate
Oncor's rate application to enable the City to adopt a final decision as a local regulatory
authority with regard to Oncor's requested rate increase.
WHEREAS, the City will require the assistance of specialized legal counsel and rate
experts to review the merits of Oncor's application to increase rates; and
s:\legal\our documents\resolutions\l 1\oncor-suspend proposed effective date.doc
WHEREAS, the decision of the Public Utility Commission of Texas will have a direct impact on
the City and its citizens who are customers of Oncor and in order for the City's participation to
be meaningful it is important that the City promptly intervene at the Docket No. 38929 pending
at the Public Utility Commission of Texas; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings set out in the preamble are in all things approved and
incorporated herein as if fully set forth.
SECTION 2. Oncor's proposed effective date for its proposed increase in rates is hereby
SUSPENDED for ninety days beyond February 14, 2011.
SECTION 3. The statutory suspension period may be further extended if Oncor does not
provide timely and meaningful, and proper public notice of its request to increase rates, or if its
rate-filing package is materially deficient.
SECTION 4. The City shall participate in a coalition of cities known as the Alliance of
Oncor Cities and authorizes intervention in proceedings related to Oncor's Statement of Intent
before the Public Utility Commission of Texas and related proceedings in courts of law; and
SECTION 5. The City hereby orders Oncor to pay the City's rate case expenses as
provided in the Public Utility Regulatory Act and that Oncor shall do so on a monthly basis and
within 30 days after submission of the City's invoices for the City's reasonable costs associated
with the City's activities related to this rate review or to related proceedings involving Oncor
before the City, the Public Utility Commission of Texas, or any court of law.
SECTION 6. Subject to the right to terminate employment at any time, the City retains
and authorizes the law firm of Herrera & Boyle, PLLC to act as Special Counsel with regard to
rate proceedings involving Oncor before the City, the Public Utility Commission of Texas, or
any court of law and to retain such experts as may be reasonably necessary for review of Oncor's
rate application subject to approval by the steering committee of the AOC.
SECTION 7. The City, in coordination with the Steering Committee, shall review the
invoices of the lawyers and rate experts for reasonableness before submitting the invoices to
Oncor for reimbursement.
SECTION 8. A copy of this resolution shall be sent to Mr. Alfred R. Herrera, Herrera &
Boyle, PLLC, 816 Congress Ave., Suite 1250, Austin, Texas 78701, and to the local Oncor
representative. .
SECTION 9. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Page 2 of 3
s:Uegal\our documents\resolutions\l l\oncor-suspend proposed effective date.doc
SECTION 10. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROIJGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: .•7'~ ~
Page 3 of 3
CITY OF DENTON CITY COUNCIL MINUTES
December 7, 2010
After deterinining that a quoniin was present, the City Council convened in a Worlc Session on
Tuesday, Deceinber 7, 2010 at 4:00 p.in. in the Council Worlc Session Rooin at City Hall.
PRESENT: Council Member ILing, Council Member Watts, Council Member Heggins, Council
Meinber Gregory, Council Meinber Engelbrecht, Mayor Pro Tem ILamp, and Mayor
Burroughs.
ABSENT: None.
L Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for December 7, 2010.
Council Meinber Gregory aslced if the policy for naming buildings in Consent Agenda J included
other facilities such as bridges.
City Manager Campbell felt that if the city owned the roadway with the bridge, the Council
should be able to consider naming it.
City Attorney Burgess stated that was correct as the definition of "city facilities" was broad
enough to include bridges.
Mayor Burroughs asked about Consent Agenda Item J, Section B4. The language stated "gifts"
and he questioned if those were factors to informally consider or were they weighted criteria.
City Attorney Burgess stated that the policy was designed to be criteria, not weighted factors.
They were considerations to be factored when discussing a naming.
Council Meinber Watts stated that tlus was the first time for Council to consider the proposed
policy. He felt he would be more comfortable if the itein were not on the Consent Agenda and if
it had been a work session discussion. There were loose ends and some vague provisions that
needed to be discussed. He would lilce to table the item to discuss the ~eneral policy in a worlc
session and how to tighten up the policy. He was uncomfortable voting on it on the Consent
Agenda and as a general policy.
Mayor Pro Tem ILainp aslced if the resolution for the naining policy had to be passed before the
naming of the aiumal services center.
City Attorney Burgess stated that there was a policy in place prior to the proposed one. It was
called a parlc naming policy but included more than just parlcs such as naming city hall and fire
facilities. She has cleaned up the policy and called it a naming policy for other city facilities. If
Council didn't pass the new policy, they could look at the old policy for consideration for the
naming.
Mayor Burroughs stated that the eYisting policy was a resolution. Council could move forward
with the naming and reconsider the policy at a later date as it was a guideline not an ordinance.
City of Denton City Council Minutes
December 7, 2010
Page ?
He noted that neither the old nor the new policy dealt with council initiatin~ a namin~ request.
He felt it might be best to air the policy out a bit more before being adopted. The language in
Section F 1 of the new policy stated that once a building was constnicted, it could not be named
and he felt that the wording was not clear in that area.
Council Meinber Watts stated that with Consent Agenda Item IL, a private non-profit
orgaiuzation was raising funds and an agreement was done with a donor for a name of the
facility but there was nothin~ to tie that namin~ into full payment of the contribution. The
contribution would be paid out over seven years but he questioned what would happen if all the
funds were not raised. He suggested tying the naming to a promise to the Foundation wluch was
payment of that money.
Council Member ILing stated that the Foundation was committed to raising 50% of the money
needed. He would lilce to proceed with the naming of the facility.
Council Member Watts suggested adding wording in the resolution that in consideration of the
contribution, the city would a~ree to the namin~ ri~hts.
City Manager Campbell stated Council was questioiung if there was anytlung in the agreement
between the Foundation and the donor that bound the city once the facility was named and
questioning that the name could never change.
City Attorney Burgess stated that the city was not a party to the contract and was not bound by it.
A policy could be done allowin~ free namin~ of facilities.
Council Meinber Watts questioned if "city of Denton" would be noted somewhere on the facility
or would it just be the Linda McNatt facility.
City Manager Campbell stated that was how he read the agreement. "City of Denton" would be
no where on the facility.
Council Member Watts stated that he had no objection to the naming but wanted to further
discuss the policy.
Mayor Burroughs stated that Consent Agenda Item IL would be considered independently and
Consent Agenda Itein J would be pulled for a worlc session.
Council Meinber Engelbrecht aslced aboLrt Consent Agenda Item A and the refurbislung of the
quint. He aslced how long it would be out of service.
Milce Ellis, Fleet Manager, stated it would be out of service for 3 inonths froin Station 5. There
would be a replacement engine put in that station during the rehabilitation worlc and once
completed, would be a complete recertification of the engine.
3. Receive a report, hold a discussion, and ~ive staff direction concernin~ the implementation
of action items recommended by the Downtown linplementation Plan.
City of Denton City Council Minutes
December 7, 2010
Page 3
Brian Lockley, Development Review Committee Administrator, presented an update on the
action items recommended by DTIP.
Background - in August Council accepted the recommendations of the DTIP. The purposes of
the DTIP were to increase econoinic developinent in Downtown Denton, be a catalyst to achieve
the goals that define the vision for the Downtown Master Plan, to identify investment strategies
for short and long term goals in anticipation of the Downtown Denton Transit Center and to
address issues raised by the Downtown business community. He reviewed the boundaries of the
DTIl'.
Elements of the plan - the elements included land use; parlcing; parlcs, recreation and open space;
architecture design; and linlcages/street. Chapter 6 of the plan presented a fraineworlc for
strategic investment and action items. The action items included short term - 0-3 years; medium
term - 3-5 years and long term - 5-10 years items. He noted that some of the action items were
complete, some were on-going and some were in progress and reviewed a matriY of those items.
Hiclcory Street/Industrial Street - Micro sealing and striping had been done on the streets.
Hickory Street was changed from 51 parallel spaces to 61 angled spaces and liidustrial Street had
been changed from 5 parallel spaces to 8 angled spaces. Narrow travel lanes resulted in a
slowing down of traffic inoveinent.
Council Meinber Watts aslced if Hiclcory Street would continue with the angled parlcing as
shown.
Langley stated that it would eventually be would be changed along with the sidewallcs and
landscaping.
Downtown Traffic Study - Phase One would start in October and would quantify the destination
and pass-through traffic. Phase Two would start in Deceinber and would be a capacity analysis
of alternative routes to accommodate redirected traffic. Phase Three would be in March 2011 for
the purpose of analyzing the impact of the proposed DTIP cross-sections and provide guidance
for drafting the forin based code and ainending the Downtown Mobility Plan.
Form Based Code - dealt with general district standards, building standards, parlcing and
accessibility standards, lighting and mechaiucal standards, landscape standards, sign standards
and procedures.
Downtown Rail Station - the Transit Center would have bus lanes and bus shelters in January
?011. The Transit Center would be completed in Febniary 2011. The Downtown Rail Station
was scheduled for June 2011. It would be located on Hickory Street from Bell to Railroad and
included pedestrian access and streetscape enhancement.
Solid Waste Pilot Program - the program would start November-December 22010 with trash and
recycling assessment and a finalization of a combination plan for the Square District.
Preliminary notification of the pilot pro~rain was mailed or delivered to Square District
businesses in November. There would be three iiiformational group traiiung events scheduled in
Deceinber. January 220 11 would see the dumpsters delivered and the pilot prograin would be
started with final recommendations received by June 2011.
City of Denton City Council Minutes
December 7, 2010
Page 4
Hickory Street - Bell to Railroad was scheduled to be completed by June 2011 with public
improvements and sidewallcs/streetscape eiiliancements. Locust to Ruddell was estimated to be
completed by ?013.
Wayfinding System Network - this network was staff initiated and would deal with type,
location, content, design and types of signs.
Council Meinber Watts aslced about the $2 inillion funding for Hiclcory Street.
PS Arora, Division Manager-Wastewater, stated that the funding was eYpected to be coming
from the County.
Council Member Watts stated that those funds could or could not materialize.
Arora stated that staff would wait for the funding before doing design worlc, etc. on the street.
Council Meinber Gregory aslced about an action itein to consider regarding delivery tniclcs
bloclcing traffic on the Square. He felt that somewhere in the action items there was an
assigiunent for staff on moving forward with recommendation to Council on that situation. He
felt the deliveries could be done at better times or at better locations to facilitate traffic and safety
in the Downtown.
Locldey stated that there had been a recommendation to limit deliveries to different times.
Council Member Gregory suggested adding that to the action items.
Council Meinber Gregory aslced for an eYplanation on how the traffic study and the mobility
plan would go together.
Locldey stated that the mobility plan presented overall rights for the city wlule the traffic study
determined what type of streets would be needed. The traffic study would show how much
traffic would flow in the Downtown once everything completed.
Council Member Gregory asked how the traffic study and mobility plan would mesh with the
bicycle study.
Arora stated that the scope of worlc for DTIP study would include all bilce mobility noted in the
Jacob Study. Staff would be studying all of that bloclc by bloclc.
Council Member Gregory felt that staff should not depend too much on the bike study due to
some su~~estions not bein~ practicable.
L Closed Meeting:
The Council considered the followin~ in Closed Meetin~:
City of Denton City Council Minutes
December 7, 2010
Page 5
A. Deliberations Regarding Real Property - Under Texas Government Code Section
551.072 and Deliberations regarding Economic Development Negotiations - Under
TeYas Government Code Section 551.087.
1. Receive a report, hold a discussion and give staff direction regarding the
value of real property located on the Denton Municipal Airport, specifically
the area northeast of the Airport Terininal parlcing lot and the lease of said
property to NE Development and Constniction for the constniction and
operation of a restaurant where deliberation in an open meeting would have
a detriinental effect on the position of the City of Denton in negotiations
with a third person. This discussion shall include commercial or financial
iiiformation the City Council has received from company wluch the City
Council seelcs to have locate, stay, or eYpand in or near the territory of the
city, and with which the City Council is conducting economic development
ne~otiations; includin~ the offer of financial or other incentives.
B. Consultation with Attorney - Under TeYas Government Code Section 551.071.
1. Discuss legal strategies and alternatives regarding potential litigation or
settlement, concernin~ the decision of the third party hearin" examiner in an
einployee disciplinary inatter under Chapter 143 of the Texas Local
Government C ode.
Regular Meeting of the City of Denton City Council at 6:30 p.in. in the Council Chainbers at
City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and ineinbers of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclainations/Awards
1. Police Appreciation Day
Mayor Burroughs presented a proclamation for Police Appreciation Day.
Mayor Burroughs recognized the Leadership Denton Class attending the ineeting.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
City of Denton City Council Minutes
December 7, 2010
Page 6
B. Receive citizen reports from the followin~:
L Carolyn Phillips re~ardin~ the ordinance for new customer service fees.
Ms. Plullips spolce again on the ordinance for the new customer service fees. She felt it was a
negative burden on a certain socio-economic factor of the City. She felt that the City would
sooner or later receive the inoney owed for custoiner service charges. It was detriinental to the
poor and elderly. She also spolce on the stimulus money from the federal goveriunent and how
after fiYing up the homes, the money was taken back with the fees tlus ordinance implemented.
2. Hatice Salih regarding the Electric Department.
Ms. Salih commented on the ordinance for the new customer service fees. She questioned that if
the fees were about the money, why was it targeting the poorest in the city. She also questioned
a proposed contract for a consultant that was quite lucrative for a former employee. She
indicated that she had spolcen to about 700 people and no one lilced Section 26.2 of the ordinance
dealing with right-of-entry and questioned why that section was in the ordinance. She aslced
Council to repeal the ordinance and talce time to come to a more responsible ordinance.
4. CONSENT AGENDA
Mayor Burroughs noted that Consent Agenda Item J would be withdrawn and considered at a
future time.
Council Meinber Gregory inotioned to approve the Consent Agenda and accoinpanying
ordinances and resolutions with the eYCeption of Item J.
Mayor Pro Tem ILainp seconded the inotion and aslced if the inotion included the revision to Itein
IL as noted in the Worlc Session with the agreeinent attached to the ordinance.
Council Meinber Gregory indicated that lus motion included those provisions.
On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber
Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro
Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously.
Ordinance No. 2010-303
A. Consider adoption of an ordinance of the City of Denton, TeYas to declare the intent to
reimburse eYpenditures from the uiireserved fund balance of the General Fund, with
Certificates of Obli~ation with an a~~re~ate maximum principal amount equal to
$1,939,550 so that General Fund vehicles and equipinent inay be purchased, and providing
an effective date.
Aaaroved the minutes listed below.
B. Consider approval of the minutes for: November 1, 2010 November 2, 2010 November 9,
2010 November 15, 2010 November 16, 2010
City of Denton City Council Minutes
December 7, 2010
Page 7
Ordinance No 2010-304
C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
authorizing the City Manager to eYecute the attached agreement to consolidate the Financial
Advisory, Arbitrage Rebate, and Continuing Disclosure services agreements between the
City of Denton and First Southwest Company; approving the expenditure of funds therefor;
and providing an effective date.
Ordinance No. 2010-305
D. Consider adoption of an ordinance of the City of Denton, TeYas, eYtending the term of a
right of entry and possession dated March 3, 2009, as extended on May 5, 2009, as extended
and expanded on June 23, 2009, as extended and expanded on Septeinber 1, 2009, as
eYtended on Septeinber 15, 2009, as eYtended and eYpanded on Septeinber 2009, as
eYtended on November 3, 2009, and as eYtended on December 11, 2009 (as amended and
extended, the "Right of Entry"), in favor of the Denton County Transportation Authority
(DCTA) and authorizing DCTA to enter upon and talce possession of certain real property
of the City of Denton for the purpose of performing activities as described in the Right of
Entry; and providing an effective date.
Ordinance No. 2010-306
E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas,
approving a grant application from Tim Love, owner of Love BS 43, a TeYas Limited
Liability Company, from the Downtown liicentive Reimbursement Grant Program not to
exceed $10,000; and providing for an effective date. The Economic Development
Partnerslup Board recommends approval (5-0).
Ordinance No. 2010-307
F. Consider adoption of an ordinance authorizing the City Manager to execute Change Order
Nuinber Ten to the contract between the City of Denton and Thaten Constniction, Inc.;
providing for a refund of the eYpenditure of funds therefor; and providing an effective date
(Bid 4336-Change Order Nuinber Ten to Fleet Fueling and Tniclc Wash Facility in the
ainount of ($105,3117) for a total contract award of $2,067,111.50).
Ordinance No. 2010-308
G. Consider adoption of an ordinance of the City of Denton, TeYas providing for, authorizing,
and approving the eYpenditure of funds for the purchase of BioYide for the City of Denton
Wastewater Department, 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 4574-to Siemens Water Tecluiologies Corp. in the amount of $2.14/gallon for an
annual estimated amount of $60,000). The Public Utilities Board recommends approval (5-
0).
Ordinance No. 2 010-309
H. Consider adoption of an ordinance awarding a contract under the TeYas Multiple Award
Schedule (TXMAS) Program for the purchase of six new roof top heating, ventilating, and
air conditioning (HVAC) units for City of Denton South Branch Library and one roof top
City of Denton City Council Minutes
December 7, 2010
Page 8
HVAC unit for City of Denton City Hall East as awarded by the State of Texas Building
and Procurement Commission (Contract TXMAS-10-03FAC070); providing for the
eYpenditure of funds therefor; and providing an effective date (File 4615-Roof Top HVAC
Uiut Replacement awarded to Brandt Engineering, in the amount of $260,655
Ordinance No. 20 10-3 10
L Consider adoption of an ordinance authorizing the City Manager to execute a First
Amendment to Professional Services Agreement with Freese and Nichols, liic. to provide a
traffic operations study for the Downtown linplementation Plan for the City of Denton,
Texas; authorizing the expendihire of funds therefor; and providing an effective date (First
Amendment in the not-to-exceed amount of $90,000; aggregating $114,000).
Tlus item was not considered.
J. Consider approval of a resolution amending a policy setting guidelines regarding the
naining of City buildings, facilities and parlcs; and declaring an effective date.
Resolution No. 2010-045
K. Consider approval of a resolution naming the City of Denton Aiumal Care and Adoption
Center; and declaring an effective date.
Ordinance No. 20 10-3 11
L. Consider adoption of an ordinance approving and authorizing the City Manager of the City
Manager of the City of Denton, TeYas to eYecute and deliver a fourth amendment to the
Master Lease Agreeinent, by and between the City of Denton, as Lessor and the Denton
County Transportation Authority (DCTA), as the Lessee, ainending that certain Master
Lease Agreement, dated on or about Septeinber 30, 2005, by and between the City of
Denton, TeYas as Lessor and DCTA, as Lessee, pertaiiung to certain leased premises
located in the G. Wallcer Survey, Abstract Nuinber 1330, Denton County, Texas; and
providing an effective date.
Ordinance No. 2 010-312)
M. Consider an ordinance suspending certain portions of Section 22-229 of the City Code relating
to Rules of Procedure for the City Council of the City of Denton, Texas until April 1, 2011
and substituting alternative provisions through March 31, 2011 for the purpose of testing
interim niles of procedure herein established; and declaring an effective date.
Ordinance No. 2 010-313
N. Consider adoption of an ordinance authorizing the City Manager to execute Change Order
Nuinber Three to the contract between the City of Denton and S. J. Louis Constniction of
TeYas, LTD; providing for the eYpenditure of funds therefor; and providing an effective
date (Bid 4466-Change Order Number Three to North-South 42-liich Water Transmission
Main in the amount of $90,706.08 for a total contract award of $4,781,94628).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
City of Denton City Council Minutes
December 7, 2010
Page 9
Resolution No. R2010-046
A. Consider approval of a resolution of the City of Denton, Texas, adopting the City of
Denton's 21011 State Legislative Program for the 82nd TeYas Legislature; and
providing an effective date.
John Cabrales, Public Inforination and Intergoverninental Relations Officer, stated that the
proposed resolution would approve the 2011 state legislative program. He reviewed the
provisions of the document including preserving local goveriunent authority and preserving
authority over gas well and pipeline operations.
Mayor Pro Tem ILamp motioned, Council Member Engelbrecht seconded to approve the
resolution. On roll call vote, Council Member ILing "aye", Council Member Watts "aye",
Council Meinber Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht
"aye", Mayor Pro Tem ILainp "aye", and Mayor Burroughs "aye". Motion carried unaniinously.
6. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding a rezoning
from a Neighborhood Residential 3(NR-3 ) zoning district to a Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on
approYimately 6.836 acres. The property is located at the northeast corner of
Glenwood Lane and East Uiuversity Drive (U.S. 380). (Z10-0007, 1411 E.
University Dr.) The Plannint', and Zonint', Commission recommends approval with
an overlay district (3-2). DUE TO OPPOSITION OF MORE THAN ?0% OF THE
OWNERS OF LAND WITHIN ?00 FEET OF THE SITE, A SUPERMAJORITY
VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.
Marlc Cunninghain, Director of Planning and Developinent, presented the details of the proposal.
The applicant was requesting to rezone the property to allow for the uses permitted witlun the
NRMCJ-12 zoiung district with the addition of a restrictive overlay. All permitted uses witlun the
NRMU-12 would be allowed except for laundry facilities which the neit"hborhood had indicated
they did not want. A nuinber of residents who had previously indicated opposition to the
proposal had removed their opposition so that a supermaj ority vote for approval was no longer
required. The property was undeveloped eYCept for one residence on the property. The northern
150 feet would be a no build zone with only certain permitted uses such as single-family,
professional service and office uses. The southern portion would be allowed for all uses as
designated in NRMU-121. lii addition, in the 15-foot buffer area a Class C buffer would be added
to the restricted zoiung area. A 6-foot lugh solid screen fence would be installed and if made of
wood would be cedar. If the restricted area was developed with only professional/office, the
fence would be built per the Denton Develop Code with conditions of A, B and C. Originally,
fifteen respondents were in opposition to the proposal wluch represented more than 1)0% thus
triggering a supermajority vote of Council. However, today many of those in opposition had
rescinded their opposition so that currently the opposition was only at 18%. A supermajority vote
of Council would no longer be required. The Planning and Zoning Coininission and the
Development Review Committee had recommended approval with the restrictive overlay
conditions.
City of Denton City Council Minutes
December 7, 2010
Page 10
Council Member Gregory asked if the architectural restrictions applied only to 150 foot buffer
area or to the entire property.
Council Member Gregory noted that there was a restriction of one-story in height but no
restrictions on the nuinber of feet for the one-story. He aslced if there were any height
restrictions in the overlay requirements.
Cunningham stated that under normal NRMCJ height restrictions a permit would not be needed.
Council Meinber Gregory stated that the southern part of property would be eligible for
multifamily stnictures and/or commercial. He questioned how many multifamily uiuts would be
eligible.
Cuiuungham stated that he did not have those calculations but that multifamily would be oiily
allowed by a specific use permit or as part of a miYed use development site.
Council Member Gregory stated that citizens had expressed concern about access to the property.
He aslced if the access would be from Uiuversity or just from Glenwood.
Cunnin,,ham stated that accordin(Y to Code access would be from the lesser street which would
be Glenwood. He was not sure if the applicant had inade application to TxDOT regarding access
from University.
The Mayor opened the public hearing.
The following individuals spolce during the public hearing:
John Porter, applicant, spolce in favor
Council Member Gregory stated that the arclutectural standards indicated 80% eYterior masonry.
The eYamples Mr. Porter showed of similar buildings he had developer showed 100% masonry.
Porter indicated that he would be agreeable to moving to a higher percentat"e if the Council
desired.
Mayor Burroughs aslced what was the difference between what was being aslced for in the 150
foot buffer area and the remainder of the property that abutted University.
Porter stated that in the non-buffer area light retail would be allowed such as flower shops but
not restaurants. There would be no multi-story developments as it wasn't financially sound to
build there for inulti-fainily.
Council Member ILing asked if the single story restriction was for the whole development.
Porter replied correct that all buildings would be one story with all briclc or stone. The restrictive
covenants would nin with the land so they would remain even with a change in ownerslup.
Larry Reichhart, 2405 Mustang Drive, Grapevine, 76051 - spolce in favor
City of Denton City Council Minutes
December 7, 2010
Page 11
Mayor Pro Tem ILainp aslced if the access would be off Glenwood.
Reicliliart replied yes that they would have to get a variance from the State to have access off
University. Right now, Code indicated that they had to use Glenwood.
Council Meinber Gregory aslced about lighting restrictions.
Reichhart stated that the lighting requirements in the Code addressed the issue.
Council Meinber Watts aslced about the height restriction and what was the height of the
buildings Mr. Porter had shown Council.
Porter stated they were approximately 30-31 feet and that he would be agreeable to limiting the
buildings in the proposal to that height.
Reichhart stated they could determine the exact height and put that restriction in at a later date.
Council Member ILing asked about the access off Uiuversity and the variance needed.
Mayor Burroughs stated that the variance would be with the city and the state.
Beth Bates-Verges, 1410 Greenwood Drive - opposed
Roy Verges, 1410 Greenwood Drive - opposed
Tiin Fisher, 1603- Greenwood Drive, opposed
Council Meinber Watts aslced Mr. Fisher about the buffer zone. It appeared that Mr. Fisher did
not have an issue with professional/office or single-family detached but was concerned about
single-fainily attached.
Fisher stated that was correct as far as he was concerned. He had suggested to the applicant that
he restrict the property to professional/office and a lower density residential but did not get a
favorable response.
Paul Chandler, 13210 Greenwood, Denton, 76209- opposed
Council Meinber ILing aslced what type of fence Mr. Chandler would lilce on the property.
Chandler stated a lugher and more substantial fence.
Council Meinber Watts stated that there was natural vegetation along the property line and aslced
if it would be advantageous to leave it there or remove and put in a different buffer.
Chandler stated that the current buffer might be a maintenance problem for some people with the
bamboo; however, it was a natural barrier that blocked out noise.
Council Meinber Gregory aslced Mr. Chandler that if in the 150 foot buffer zone there were
stricter lighting and height limit requirements and lugher arclutecture standards such as 100%
inasonry no inatter who owned property, would that raise the coinfort level for hiin.
City of Denton City Council Minutes
December 7, 2010
Page 1?
Chandler stated that any enhancement would make the ultimate decision better. He was also
concerned about the proYimity of the building line to the baclc of lus lot and the nature of the
stnictures.
Council Member Gre~ory stated that those could possibly be restricted to offices.
Preston Enzeusperger, 1418 Greenwood, Denton 76209 - opposed
ILay Copeland, 1709 Laurelwood, Denton 76209 - opposed
Donald Wright, 2025 Glenwood, Denton, 76209 - opposed
Warren Wlutson, 1905 Laurelwood, Denton, 76209 - opposed
Mayor Burroughs stated that the followint', comment cards were received in opposition:
Geraldine Muirhead, 1502 Greenwood, Denton, 76209
ILerol and Carolyn Harrod, 2319 Robinwood Lane, Denton, 76209
Rose Harpool, 192 1 Laurelwood, Denton, 76209
Martha Len Nelson, 2603 Brookfield, Denton, 76209
Beverly Chambler, 1320 Greenwood, Denton, 76209
Diana Ensensperger, 1418 Greenwood, Denton, 76209
Mary Mitchell, 1310 Greenwood, Denton, 762109
Marcia Merritt, 1915 Williamsburg, Denton, 76209
Louise Brooks, 1510 Greenwood, Denton, 76209
Doris Roush, 1518 Greenwood, Denton, 76209
Reichhart was allowed a five minute rebuttal. He stated that all of the (Yuarantees indicated by
the applicant were put in the overlay so that they would have to be done. Regarding the bainboo,
the residents had previously said to talce out the bainboo. He felt it was hard if not impossible to
marlcet a site until the zoiung was in place and a site plan couldn't be done until the zoiung was
in place. They had tried to address the issues raised with the land use and overlay. Access was
the nuinber one issue with thein as well as with the neighbors. They wanted access froin
Uiuversity but the Code required access off of Glenwood. Mr. Porter would be the developer of
the property and had a vision for the use of the property. The NRMU zoiung was appropriate for
the site as it was the lowest commercial zoning available.
Porter stated that they had gone to the neighborhood along Greenwood, had good visits with
them and could see their concerns. He didn't have a plan as it was hard to go to the eYpense to
forinulate a plan and then not have the zoning approved. He had a traclc record of building nice
buildings and planned to build ones similar to those with the highest quality architect standards.
He did not want to build single-family homes. If Council wanted to malce the 150 foot barrier all
professional/office, he would not have a problein with thatliat. If the neighbors wanted to lceep
the current trees and vegetation he would do that. He, too, wanted access off of University
instead of Glenwood but he would have to get a variance to do that.
Council Member Engelbrecht asked about the variance process from the city for the curb cuts.
Richhart stated that the Denton Development Code would not allow the curb cuts except throu~h
a variance process wluch also involved aslcing the State for a variance. The State would more
than lilcely grant the variance if approved by the city. A site plan would not be approved until
the curb cuts were granted.
City of Denton City Council Minutes
December 7, 2010
Page 13
Council Meinber Engelbrecht aslced if the applicant would have a problein with having the trees
in the 15 foot buffer being at least 25 feet and of a certain type.
Porter stated that he had planted 20 Live Oaks in his other development that were at least that
size. The neighbors on Glenwood were told that he would plant inature trees to inalce a nice
drive through neighborhood.
Mayor Burroughs noted that one concern with the buffer area was the proposed attached single
family which ~enerally was a townhome concept. He questioned if the applicant would be
willing to delete that use.
Porter indicated that he would be willin~ to talce out the sin~le family use as he only wanted to
build professional/office. He would be willint', to make all of the 150 foot buffer zone office
buildings in that buffer.
Mayor Burrou-hs aslced if it would be possible to condition the zoning on a variance for utilizing
University for the primary access.
Reicliliart stated that they had proposed that three months ago but staff said could not be written
that way.
Council Member ILing asked if the applicant would be willing to constnict an eight foot masonry
wall on the Greenwood side.
Porter indicated yes if that was what the neighbors wanted.
Ricliliart cautioned that an eight foot fence would be very lugh.
The Mayor closed the public hearing.
Mayor Burroughs aslced what lcind of tools were available to condition the site plan to deal with
the access issue.
Cuiuungham stated that a condition could not be done for access off Uiuversity Drive.
City Attorney Burgess stated that iinposing a condition as an application for a variance was one
thing but receiving approval was another which did not appear to satisfy the direction of Council.
Another tool might be to limit the access on Glenwood or to require a site plan now to impose
that lcind of condition.
City Attorney Burgess reviewed the outstanding issues still to be decided. They included the
type of fencing material, masonry requirements if single-family were allowed, and height
restrictions if single-family were allowed.
Council Member Watts questioned the change in the supermajority vote requirement and what
was the legal position of when it happened. He questioned if it went right up to the time of the
staff presentation. He heard from the neighbors that access to Glenwood was major issue and the
perception was certain that access would not be on Glenwood. The applicant was already in
City of Denton City Council Minutes
December 7, 2010
Page 14
agreeinent to withdraw single-fainily and only develop office/professional so he questioned why
other uses would be allowed. He felt restrictions should be placed on the property to get to the
best use of the property. The access issue needed to be resolved. Even if the zoiung remained at
NR-3, access would still be required off Glenwood. He aslced about the inaterial for the fence.
Cuiuungham stated that it would be a tubular steel wrought iron fence.
Council Meinber Watts questioned the height and type of fence along the baclc road. If
professional/office was in the buffer zone, how the parking or dumpster placement would be
located as he felt parlcing would not be on the baclc side of the buildings.
Cunninghain stated that Solid Waste would need a convenient route to service the screened
dumpsters. There were no specifics for parking and dumpsters at this time as that would be done
when the site plan was done. The overlay could add a condition that parlcing would not be
permitted in Y amount of feet from the property line. Given the shape of the property it probably
would be best to put the building up against the property line and put parlcing in front.
Council Member Gregory questioned if the driveway could be moved from the current location
to a location further to the east where Uiuversity had a break in the median.
Cunnin~ham stated that the driveway curb cut would need TxDOT permission. A site plan
would require thousands of dollars with no guarantee for a variance that zoiung would not be
approved.
Council Member Gregory motioned to table the item in order to put into place some of the
statements in the overlay regarding a specific height of the buildings; defiiung the arclutectural
standards with more specifics such as 100% masonry on all buildings and incorporate the loolc of
the architecture shown by the applicant on previous buildings; specify the people on Greenwood
would not have litlyht spillover and that the lights would be shielded; and conditions for the buffer
zone fence.
Mayor Pro Tem ILainp seconded the inotion.
Mayor Burroughs questioned if the motion included removing single-family from the buffer
zone.
Mayor Pro Tem ILamp included questions about the vegetation and fence requirements.
Council Member Engelbrecht suggested including the 25 foot height requirement for the trees in
the back or work with the neighbors on the size of the trees. He also suggested the neighbors
~ive consideration of an ei~ht- foot fence as they were very tall and could be imposin~.
Council discussed whether to continue to the item to an event certain such as the conclusion of
the negotiations of the points inentioned earlier or a date certain.
Council Member Gregory and Mayor Pro Tem ILamp agreed with their motion and second to
postpone the item to the first meeting in Febniary.
City of Denton City Council Minutes
December 7, 2010
Page 15
On roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber
Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro
Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously.
Ordinance No. 2010-314
B. Hold a public hearing and consider adoption of an ordinance regarding a rezoning
from a Downtown Residential 1(DR-1) zoiung district to a Downtown Residential ?
(DR-? ) zoiung district on approYimately 0.3159 acres. The property is located
approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on
the east side of Avenue A. (Z10-0011, 911 Avenue A) The Planning and Zoning
Commission recommends approval (4-1).
Mark Cunningham, Director of Planning and Development, stated that this request was to rezone
approximately 0.3159 acres from DR-1 to DR-2. The applicant was proposing to redevelop the
property as a multifamily project. Based on the size of the property, a maYimum of iune two-
bedroom dwelling units could be constnicted. Multifamily dwelling uiuts were not permitted
within the existing DR-1 zoning designation; therefor, a rezoning to a inore intense district was
requested. No opposition was received to the notices sent out regarding the proposed zoning.
The Plaiuung and Zoiung Commission and the Development Review Committee recommended
approval.
Council discussed the definition of a unit and the parlcin~ for the proposal.
The Mayor opened the public hearing.
Larry Reichhart, applicant, spolce in favor of the proposal.
The Mayor closed the public hearing.
Council Member Watts motioned, Council Member ILing seconded to adopt the ordinance. On
roll call vote, Council Meinber ILing "aye", Council Meinber Watts "aye", Council Meinber
Heggins "aye", Council Meinber Gregory "aye", Council Meinber Engelbrecht "aye", Mayor Pro
Tem ILainp "aye", and Mayor Burroughs "aye". Motion carried unaniinously.
Ordinance No. 2 010-315
C. Hold a public hearing and consider adoption of an ordinance regarding a Detailed
Plan for an approximately 17.887 acre multi-family development located within a
Planned Development zonint', district (PD-120). The subject site is located at the
northwest corner of Locust Street (F.M 22164) and Beall Street. (PD10-0001,
Gardens of Denton) The Plaiuung and Zoiung Commission recommends approval
(6-0).
Marlc Cunninghain, Director of Planning and Developinent, stated that this proposal was part of
Plaiuied Development 1210. The applicant was proposing the constniction of an apartment
compleY that would consist of eight three-story buildings with a total of 192 residential uiuts.
The subject property was currently undeveloped. The Planning and Zoning Coininission and the
City of Denton City Council Minutes
December 7, 2010
Page 16
Development Review committee recommended approval contin~ent on the submitted detailed
plan, drainage plan, utility plan, landscape plan and building elevations.
The Mayor opened the public hearing.
No one spolce during the public hearing.
The Mayor closed the public hearing.
Council Member Heggins motioned, Mayor Pro Tem ILamp seconded to adopt the ordinance.
On roll call vote, Council Member ILing "aye", Council Member Heggins "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and
Mayor Burroughs "aye". Motion carried unaniinously.
Ordinance No. 2) 010-316
D. Hold a public hearing and consider adoption of an ordinance designating and
describing the boundaries of a Tax Increinent Financing Reinvestinent Zone for the
Downtown District of Denton, Texas; establishing the duration of the Zone;
establislung a TaY liicrement Fund; establislung a Board of Directors for the TaY
liicrement Financing Reinvestment Zone; malcing certain findings and other matters
related thereto; and providing an effective date.
Linda Ratliff, Director of Economic Development, presented the details of the proposal and
reviewed the boundaries of the zone. Projects included parlcing/transportation, complete streets,
draina,,e/utilities improvements and economic development projects for a total of $24.8 million.
$14 inillion had been reduced froin the parlcing project and the difference was spread ainong the
other proposed projects. A seven-meinber board was proposed with the following qualifications -
? council meinbers, ? property owners and/or residents in the TIF district, ? business owners in
the TIF district and/or Chamber of Commerce Board of Directors and 1 qualified voter of the
city. The ineinbers would be appointed by the Council. The Board would develop the final
projects and finance plan and present them to the Council for approval.
The Mayor opened the public hearing.
The following individuals spolce during the public hearing:
Larry Luce, 2200 Pembrooke Street, Denton, 76205 - opposed
Lynn Holt, 2520 Bowling Green, Denton, 76201 - opposed
Bob Clifton, 1800 Morse, Denton, 76201 - opposed
Comment cards were received in opposition from:
Robert Doiuielly, 3900 Quail Creelc Road, Denton, 76208
Joyce Poole, 310211 N. Boiuue Brae, Denton, 76207
The Mayor closed the public hearing.
City of Denton City Council Minutes
December 7, 2010
Page 17
Council Member Watts stated that he was not in opposition to Downtown development but rather
to the methodology of the TIF to accomplish that.
Mayor Pro Tem ILainp inotioned, Council Meinber ILing seconded to adopt the ordinance. On
roll call vote, Council Meinber ILing "aye", Council Meinber Heggins "aye", Council Meinber
Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem ILamp "aye", Council
Meinber Watts "nay" and Mayor Burroughs "aye". Motion carried with a 6-1 vote.
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual iiiformation or recitation of
policy, or accept a proposal to place the matter on the agenda for an upcoming
ineeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be talcen,
to include: eYpressions of thanlcs, congratulations, or condolence; iiiformation
regarding holiday schedules; an honorary or salutary recogiution of a public official,
public einployee, or other citizen; a reininder about an upcoining event organized or
sponsored by the governing body; inforination regarding a social, cereinonial, or
commuiuty event orgaiuzed or sponsored by an entity other than the goveriung body
that was attended or is scheduled to be attended by a meinber of the goveriung 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 muiucipality that has
arisen after the posting of the agenda.
Council Meinber Heggins aslced that the lighting in the area of Teasley Lane between 1315 and
Dallas Drive be looked at as it was very dark in that area at ni~ht and made drivin~ difficult.
Mayor Burroughs aslced staff to review Dallas Drive froin Eagle to the railroad bridge as it was
difficult to see the lane marlcin~s there in the mornin~.
Council Member Heggins asked Council to retlunlc the late fees being imposed in the customer
service ordinance.
Council Member Engelbrecht asked about moving up the process of installing the traffic signal at
the corner of Teasley and Robinson.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
C. Official Action on Closed Meeting Itein(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
City of Denton City Council Minutes
December 7, 2010
Page 18
With no further business, the meeting was adjourned at 9:50 p.m.
MARIL A. BLJRROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
December 14, 2010
After deterinining that a quoniin was present, the City Council convened in a Worlc Session on
Tuesday, Deceinber 14, 2010 at 4:00 p.in. in the Council Worlc Session Rooin at City Hall.
PRESENT: Council Member ILing, Council Member Engelbrecht, Mayor Burroughs, Council
Member Watts, and Mayor Pro Tem ILamp.
ABSENT: Council Meinber Heggins and Council Meinber Gregory.
1. Receive a report, hold a discussion and give staff direction regarding the Airport
governance stnicture as recommended in the adopted Denton Airport 20 10 Business Plan.
Bryan Langley, Chief Financial Officer, presented the Airport governance options. In terins of
background information, the Airport Master Plan was approved by the Council in 2003 and
recommended that the Airport become financially self-reliant and become a major economic
development benefit to the commuiuty. The Airport Business Plan was approved by Council on
Noveinber 16, 2010. The Business Plan stated that the city should consider inodifying the airport
governance stnicture to assist with vetting financial proposals for the Airport as well as provide
policy input related to targeted marketing iiutiatives and development.
The current Airport Advisory Board was comprised of seven members appointed by the Council
and advised the Council and/or City Manager on airport issues such as lease agreements,
development of policy and grant projects. Similar to other advisory boards, the Airport Advisory
Board may oiily malce recommendations with final decision malcing authority resting with the
City Council. The Airport Manager was responsible for the day-to-day operations at the Airport.
Issues/Questions - Did the current Airport Advisory Board governance stnicture best fit the goal
of establislung the Airport as an economic engine for the commuiuty. Wlule a nuinber of options
would be presented for consideration, staff could worlc with any of the inodels presented.
Governance Stnicture Options - Option A- Redefine the role and memberslup requirements of
the Airport Advisory Board to clarify eYpectations. Option B- transfer the airport governance to
another existint', board or council committee. Option C- status quo. Option D- transfer
bandin,,, marlceting and development incentive activities to the Economic Development
Partnerslup Board and create a new council committee to oversee all other activities for the
Airport. Tlus option was the recommended staff option. The Airport Advisory Board had a
special called meetint', the previous night with this issue discussed. He presented a memo with
their recoininendations which included tabling the changes or increasing the ineinbership of the
current board with one new member from the Economic Development Partnerslup Board and
one new meinber from the Chainber.
Option D- The Econoinic Developinent Partnership Board would be taslced with review,
consider and malce recommendations to the Council conceriung Airport branding and marlceting
efforts; outline airport development incentive policies and make recommendations to the Council
concerning any developinent incentives as assigned by the Council or requested by the City
Manager; and leverage coininon coininunity goals and create a synergy between the developinent
of the Airport and the development of the overall commuiuty. To accomplish these taslcs, the
Economic Development Partnerslup Board memberslup would be eYpanded by two members.
An Airport Coininittee would be created to review, consider, and inalce recoininendations to the
City of Denton City Council Minutes
December 14, 2010
Page ?
Council regarding Airport operations as assigned by the Council or requested by staff. Day-to-
day operations would continue to be managed by the Airport Manager. A standing meeting (at
least quarterly) with eYisting stalceholders, clients, and tenants would be held to discuss safety
and security issues, airport operations, development activities, special events, and any questions
or other issues. Reports froin these ineeting would be provided to the Airport Coininittee.
Summary - staff was proposing that the current Airport Advisory Board duties be reassigned to
the Econoinic Developinent Partnership Board and a new Council Airport Coininittee. Benefits
of this approach would include expanded inarlceting efforts and enhanced collaboration with
commuiuty development iiutiatives, effective implementation of the 2010 Business Plan and
eiilianced stnicture to provide the Council with more direct contact on airport issues.
Council Meinber Watts stated that the proposed stnicture would include two new ineinbers of the
Economic Development Partnerslup Board with one new member having aviation eYperience.
He questioned if the other new meinber would have a particular type of eYpertise.
Langley stated that the other member would have specific knowledge to be perceived valuable
by the Economic Development Partnerslup Board and a good match for the charge presented to
the Board.
City Manager Cainpbell stated that the second person to the Board inight be soineone whose
focus was not narrow to that a particular issue but rather a general sense of the commuiuty.
Council Member ILing asked about current leases at the Airport and how a lease would develop
under the proposed stnicture.
Langley stated there was an incentive policy for development at the Airport. If an incentive met
the guidelines of the policy under the proposed stnicture, it would go to CounciL Currently it
went to the Airport Advisory Board and then to Council.
Council Member ILing asked about the eYtension/renewal of contracts.
Langley stated that currently those went to the Airport Advisory Board and then to Council.
With the proposed stnicture, they would go to the Airport Committee and then to Council.
Council Member ILing asked about stakeholder and tenant problems with no results.
Langley stated that currently if there was an issue, the tenant would go to the Airport Manager
first and then through the management chain to the City Manager. If still not satisfied, the tenant
could ~o to the Council.
City Manager Campbell stated that if an issue came to the City Manager's office through staff
and was still not resolved, under the new proposal, the issue would be taken to the Council
Committee and then to the full Council.
Council Meinber ILing aslced about a major iiifrastnicture change and how it would be handled
under the current process and how it would be handled with the proposed process.
City of Denton City Council Minutes
December 14, 2010
Page 3
Langley stated that any infrastnicture change currently would go the Airport Advisory Board and
then to Council. With the new proposal, it would go to the Airport Committee and then to
Council.
Mayor Burroughs noted that potential development at the Airport could also be brought to the
Economic Development Partnerslup Board to see if it would qualify as economic development.
Langley stated that would be a possibility.
Council Meinber Engelbrecht aslced if there would be anytlung that currently went to the Airport
Advisory Board that under the new scenario would not go to the stalceholders/tenant relations
board.
Langley stated that some tlungs would not go to stakeholders. The stakeholders meeting would
be more of an iiiformational meeting rather than action items.
Council Meinber Engelbrecht stated that the Airport Advisory Board was currently advising
Council and the tenant/stakeholder meetings would be designed to get iiiformation to the tenants
and not function in an advisory capacity.
Langley replied correct that it would not be an advisory function but would receive information
from that group and also provide iiiformation to that group.
Council Member Engelbrecht stated that then there would be no one to serve in an advisory
capacity to the Council.
Langley replied that there would be the Airport Committee to advise Council.
Council Meinber Engelbrecht stated that this group inight not have any airport expertise or
eYperience. He did not see the development of such a committee in the proposed resolution.
Langley stated when the resolution was drafted, staff worked on language to assign that duty to
an existin~ committee but the resolution specifically created the Airport Committee.
City Manager Campbell stated that the tenant/stakeholder meetings were intended as iiiformal
ineetings and were not an appointed specific group. Anyone with interest or who inight want to
express an opinion or a suggestion for the Airport could attend the ineetings.
Council Member Engelbrecht asked about the tenant relations committee.
Langley stated that it was not a committee but a meeting with interested people dealing with the
Airport.
Council Member Engelbrecht asked if there were plans for regularly scheduled meetings of the
group.
City of Denton City Council Minutes
December 14, 2010
Page 4
Langley stated that the plan was to ineet no less than quarterly. There could be inonthly
meetings at the begiiuung but then baclc off to quarterly meetings as the proposed plan
progressed.
Mayor Burroughs stated that his preference would be to formalize the tenant meetings to be at
least quarterly but would lilce to eYplore the possibility of a subcommittee of Council to worlc
with goveriung at the Airport and have a representative worlcing group of tenants at the meetings.
Mayor Pro Tem ILainp stated that she was not in favor of adding another council coininittee. The
Mobility Committee dealt with mobility and transportation wluch the Airport was a part of. At
tlus time, leave it with the Mobility Committee as there would be a cross over if another
committee were formed.
Council Member Engelbrecht disagreed with that position. He felt the Mobility Committee
specifically looked at transportation and the Airport included economic development and
marketing which was not in the realm of the Mobility Committee. He felt there should be
another group to provide more information to Council. The transportation issues could go to the
Mobility Committee but not all airport issues.
Council Member Watts stated that he agreed with a separate airport committee. The current
proposal would change the Airport to be governed priinarily as a designation of an enterprise
fund. That designation provided a lot of different duties than what a Mobility Committee would
look at and was more than just a transportation issue. He felt an airport committee would be
more in line with that designation. An aviation person on the Economic Development
Partnership Board did not guarantee that person would be active in the Airport and there was no
guarantee for a business owner at the Airport. Tlus could be a person who had a general interest
in the Airport with no ties to the actual Airport
Langley stated that it could be someone connected with the Airport or someone in the
commuiuty with eYpertise on airport matters.
Mayor Burroughs felt that current and past members of the Airport Advisory Board had
historical information about the Airport and would be a~ood pool of talent available for a
position. Another source might be the chair of the UNT Aviation Department as he would have a
large amount of background in that area. He suggested trying out the committee as a separate
committee for a year to see how it operated and then evaluate it.
Council Member Engelbrecht asked if there would be a name for the tenant group.
City Manager Campbell stated that the function was to schedule meetings and function as a
formal group. It would be open to anyone who wanted to participate.
Council Member Engelbrecht stated that he would like to see a policy statement regarding the
operating procedures of the meeting, how often it would meet, etc.
City Manager Campbell stated that staff would establish a quarterly meeting of the group.
City of Denton City Council Minutes
December 14, 2010
Page 5
Mayor Pro Tem ILamp stated that the tenant meeting would be open to current advisory board
members.
Langley replied correct that they would be open to anyone.
Mayor Burroughs stated that if an individual owned a facility at the Airport, he might have
difficulty with development issues if on the Economic Development Partnerslup Board and could
be in conflict with the duties of the Board.
City Manager Campbell stated that Council would have to take that into consideration. Aviation
eYpertise could be someone not associated with the Denton airport but someone with that lcind of
expertise. The nominatin~ committee would take that into consideration.
2. Receive a report, hold a discussion and give staff direction regarding the Traffic Safety
Coininission.
City Manager Cainpbell stated that the Traffic Safety Coininission had a long history as it had
been in existence for 27 years. The Commission had changed duties and responsibilities over the
years but also the changes to the duties were not always clear. lii June Council directed staff to
loolc at those duties, clarify them and restate the charge. The Commission would change to
seven members and the proposal clarified the charges. It also left open the option for Council to
assi~n a specific topic to the Commission if it wanted and also allowed staff to have a place to
talce questions if needed. The ordinance was drafted as he understood Council's previous
direction.
Mayor Burroughs stated that the Coininission's shift in duties presented probleins and fnistration
to the commission meinbers over the years because of a laclc of direction. He was glad to see the
charge detailed out in the ordinance.
Council Meinber ILing left the ineeting.
Following the completion of the ?nd Tuesday Session, the Council convened in a Special Called
Session.
L Consider adoption of an ordinance amending Ordinance No. 2003-258 relating to the
Economic Development Partnerslup Board ("The Board" ) to add to the memberslup of the
Board and to expand the duties of the Board to include branding and inarlceting for the
Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to
further include duties related to airport economic development incentives; repealing all
conflicting ordinances and portions thereof; and providing an effective date.
City Manager Cainpbell stated that this was the first of two ordinances to iinpleinent the Airport
Business Plan.
Spealcer cards were received by the following:
Bob Clifton, 1800 Morris, Denton, 76201 - spolce in opposition
City of Denton City Council Minutes
December 14, 2010
Page 6
Bill Scholfield, 2224 Hollyhill, Denton, 76205 - spolce in opposition
Jereiny Fylces, 3924 Clumney Roclc, Denton, 762 10 - spolce in opposition
Don Smith, 21107 Emerson, Denton, 76?09 - spolce in opposition
Jim Clarlc, 1220 Tulane, Denton, 76201 - spolce in opposition
Bob Pugh, 2714 Broolcfield, Denton, 76209 - spolce in opposition
Riclc Woolfollc, 115 W College, Denton, 76201 - spolce in opposition
Mayor Burroughs aslced Mr. Woolfollc what concerns he inight see with the tenants/stalceholders
group.
Woolfollc stated that the Board had aslced for quarterly meetings with the tenants but they never
inaterialized. Meetings were not held that the Board felt was iinportant. He felt part of the
problein was the staff.
Council Meinber Engelbrecht stated that staff comments with regard to the Airport Board
appeared that the Board did a great job and continued to do it. He questioned why the Board
would go away when it had done a good job.
City Manager Campbell stated that there was no suggestion that the Board had not done a good
job. The city changed over time, in particular, with high growth. For five years the Council
requested to inove the Airport to a self-sustaining enterprise fund which had now been
accomplished. The dynamics of the City and Airport had changed and staff was trying to elevate
attention to the Airport as a tool for economic advancement for the commuiuty. The proposal
was shifting oversight of the development responsibilities to the Economic Development
Partnership Board which would expand the scope for the Board as it related to the Airport and
tenants to the overall scheme of the City. It would give an opportuiuty to eYpand the horizon for
everyone. There had been a lot of discussion for the tenants. The suggestion was to do just what
the Board had recoininended in the past. It would provide changes in the organizational stnictiLire
to inalce inore attention and econoinic decisions for the budget for the city. Change needed to be
made to the governance stnicture to make it closer to City Council.
Mayor Burroughs stated that the division of the Airport to an enterprise fund was beyond that
which the Airport Advisory Board traditionally looked at because the enterprise fund was to
focus on independence and to no longer have the airport subsidized by the taYpayers. There was
a need to determine how best to develop the Airport into sometlung it currently was not. He felt
the stnicture issue for determination to be an enterprise fund was a Council decision. The
primary issue was how to make a stand alone enterprise fund and not an operations issue. The
purpose of the Economic Development Partnerslup Board was to develop economic aspects of
the commuiuty as it was already focused on incentives, marketing and development. The
tenant/stakeholder working group would be an important role that the Airport Advisory Board
had now in most respects with broader ground. The Airport Advisory Board was to reflect
Council policy and make recommendations.
Council Member Engelbrecht stated that the Airport Advisory Board had done ground level
worlc and was loolced at very seriously for inany years. He was concerned that aspect was
missing from the plan. The stalceholders would loolc at various tlungs but would they loolc at that
with a great of detail and that sort of motivation that the current Board was doing. He felt that
issue had not been addressed and he was not coinfortable replacing that group with one or two
City of Denton City Council Minutes
December 14, 2010
Page 7
staff inembers with less experience with aviation. He wanted a way to ensure that operational
loolc and oversight was witlun the new plan.
Mayor Pro Tem ILamp questioned the meaning of operational. She felt that was not a function of
the Airport Advisory Board but rather a function of staff.
Council Member Engelbrecht stated that it would be being diligent at watclung and
recommending a number of directions for the Airport.
Mayor Pro Tem ILamp stated that she was not disagreeing with that. Council was the policy
malcers and committees and boards served in an advisory capacity. Operations, whether at the
Airport or Parks and Recreation, was not a function of an advisory board. It was a function of
staff. She also was not arguing about the dedication of the Airport Advisory Board
Council Member Engelbrecht stated that it was the function of departments for operations but the
boards were loolcing directly at those operations and providing a level of inforination and view
that Council did not do. That was a group of citizen that was doing it. If taken away, it would
not be done.
Mayor Pro Tem ILainp replied that it was not being talcen away.
Council Member Engelbrecht stated that it would be a different lcind of function if it oiily met
quarterly and not the same lcind of dedication that would be lost or dimiiushed. He was
concerned no one would be picking that up when it was an enterprise fund. He would be more
comfortable if it were incorporated into a regular dedicated oversight committee by citizens such
as the Airport Advisory Board.
Council Member Watts stated that he was really conflicted on the issue. He read an article in the
Sunday, December 12th paper with no identification of who made the statement that the City
Manager was puslung the plan and that it was an attempt to suppress public input. He had
received a letter in August from the then presiding Chair of the Airport Advisory Board, Charles
Brown, that aslced to hiin recoininend or advocate that the Board not have to coinply with Texas
Open Meetings Act. Under State law an advisory board was not held to that standard but
Council had adopted regulations conceriung boards and commissions that they would subscribe
to the Open Meeting Act. That concerned lum when he received that letter. He felt it was more
public suppression by the letter or spirit to not comply with the Open Meetings Act. While that
was not part of his deliberation on where he stood on the issue of the Airport Advisory Board, he
wanted to let the public laiow when contrary statements were said and the record needed to be
set straight. He continued that he was uncomfortable malcing a decision to change the
governance stnicture with only four ineinbers of the Council present. There was a legal quoniin
present but he was still uncomfortable malce the decision without a full Council.
Mayor Pro Tem ILamp motioned to table the item. Council Member Engelbrecht seconded.
City Attorney Burgess asked if the intent was to bring back the item at the next Council meeting.
Mayor Pro Tem ILamp revised her motion to continue the item until the Febniary 1't Council
meeting. Council Member Engelbrecht seconded that change.
City of Denton City Council Minutes
December 14, 2010
Page 8
On roll call vote, Council Meinber Watts "aye", Council Meinber Engelbrecht "aye", Mayor Pro
Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously.
2. Consider approval of a resolution amending Resolution No. R2009-015 to establish a
standing coininittee of the City Council of the City of Denton, Texas to be lcnown as the
City Council Airport Committee to advise and assist the City Council regarding City of
Denton Muiucipal Airport matters; alternatively assigiung such duties to an eYisting City
Council committee; and providin~ for an effective date.
Mayor Burroughs stated that tlus was a compaiuon item to the previous one and questioned if
those citizens who had submitted a Speaker Card wanted to comment on tlus item.
No citizen spolce on the itein.
Mayor Pro Tem ILamp motioned, Council Member Watts seconded to continue the item to the
Febniary 1`t Council meetin~. On roll call vote, Council Member Watts "aye", Council Member
Engelbrecht "aye", Mayor Pro Tem ILainp "aye", and Mayor Burroughs "aye". Motion carried
Li11a1ll1T10LiSly.
Item 45 was considered.
Ordinance No. 2 010-318
5. Consider adoption of an ordinance authorizing the City Manager of the City of Denton,
Texas to act on behalf of the City of Denton in executint', the acceptance of a Deed of Gift
from Louise Davis for an approximate 31.8 acre tract situated in both the Jonathan Douthitt
Survey, Abstract Nuinber 3?9 and the Jolui West Survey, Abstract Nuinber 1331, Denton
County, TeYas; and providing an effective date. Tlus itein will be presented to the Public
Utilities Board on December 13, 2010.
ILatherine Barnett-White stated that Mrs. Davis had offered to give the land next to the Clear
Creelc Heritage Center to the City in honor of her husband. Acceptance of tlus land would allow
the city to eiiliance the enviroiunental component of the Center wluch could not currently be
done on the Corps site. It would be used for outdoor education.
Mayor Pro Tem ILamp motioned, Council Member Engelbrecht seconded to adopt the ordinance.
On roll call vote, Council Meinber Watts "aye", Council Meinber Engelbrecht "aye", Mayor Pro
Tem ILainp "aye", and Mayor Burroughs "aye". Motion carried unaniinously.
Item 44 was considered.
Resolution No. 2010-047
4. Consider approval of a resolution by the City Council of the City of Denton, Texas
regarding the opposition of any proposed legislation that would seek to erode local
regulation of mineral development witlun the corporate limits of a muiucipality; and
providing an effective date.
City of Denton City Council Minutes
December 14, 2010
Page 9
John Cabrales, Intergoverninental Relations/Public Inforination Officer, stated that the City had
received a letter from Dish regarding a resolution they had passed on gas drilling. There was a
concern with the neYt legislative session that bills might be filed that would erode or remove
inunicipal gas regulation in corporate city liinits. The wording of Denton's resolution had been
modified to be consistent with comments made by the Mayor and if approved, the resolution
would be sent directly to Denton's delegation.
Mayor Pro Tem ILamp stated that the resolution was in support of what Dish had asked for but
the wording was different to be specific for Denton.
Cabrales stated that the wording from Dish was very board and it was tapered down for Denton's
circumstances. The thou~ht was to share the resolution with Denton's dele~ation.
City Manager Campbell stated that it would be submitted to Denton's delegation as opposed to
being submitted with other resolutions similar to Dish.
Council Member Engelbrecht motioned, Council Member Watts seconded to approve the
resolution. On roll call vote, Council Member Watts "aye", Council Member Engelbrecht "aye",
Mayor Pro Tem ILamp "aye", and Mayor Burroughs "aye". Motion carried unaiumously.
Item 43 was considered.
3. Consider adoption of an ordinance of the City of Denton, TeYas, establislung the powers
and duties of the Traffic Safety Commission; repealing all ordinances and resolutions in
conflict herewith; and providing for an effective date.
City Manager Campbell stated that tlus item had been discussed in the Worlc Session and the
ordinance was in the Council's paclcet for approval.
Spealcer Cards were subinitted froin the following:
Bob Clifton, 1800 Morris, Denton, 762101 - opposed
John Crew, 141 Springtree, Denton, 76209 - opposed
City Attorney Burgess stated that the ordinance had been amended to add language to include
that the meeting times to be quarterly no less than once per quarter.
Mayor Burroughs felt that the ordinance accoinplished what the Coininission wanted to do and
provided more clarification.
Council Meinber Engelbrecht suggested adding wording to incorporate pedestrian and bilce
traffic among the Commission's duties.
The Council discussed the incorporation of wording into the duties of the Commission regarding
pedestrian and bilce traffic notin~ that it could possible include a bilce path issue. It was also
questioned if it would include all issues of inobility and traffic as it related to bicycles and what
would be talcen to the Commission in those areas. If the issue were a design issue it could
City of Denton City Council Minutes
December 14, 2010
Page 10
include platting and would not be appropriate for the Commission but a safety issue might be
appropriate.
Council Member Engelbrecht motioned, Council Member Watts seconded to adopt the ordinance
as ainended with the wording proposed by the City Attorney. On roll call vote, Council Meinber
Watts "aye", Council Meinber Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
With no further business, the ineeting was adjourned at 6:35 p.in.
MARIL A. BLJRROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
January 4, 2 0 11
After deterinining that a quoniin was present, the City Council convened in a Worlc Session on
Tuesday, January 4, 2011 at 4:30 p.in. in the Council Worlc Session Rooin at City Hall.
PRESENT: Council Member ILing, Council Member Watts, Council Member Heggins, Council
Meinber Gregory, Council Meinber Engelbrecht, Mayor Pro Tem ILamp, and Mayor
Burroughs.
ABSENT: None.
L Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for January 4, 2011.
Council Meinber Watts questioned Item C on the Consent Agenda. He aslced if there was a fiYed
sum per ambulance nin as he wanted to make sure the costs were in line with the revenue. He
requested an inforinal staff report on whether the city was being reiinbursed for services
provided as well as iiiformation on the fiYed fee that was paid to muiucipalities that did not
provide services.
City Manager Campbell stated that these were annual contracts with the County and staff would
provide a lustory of the reiinbursement and a comparison in an iiiformal staff report. He
assumed that the fee paid was insufficient to the cost provided.
Council Meinber Watts requested an inforinal staff report on Consent Itein D which was the fire
portion of the agreement. He questioned the drop in the number of calls and also the costs per
call.
Council Member Watts asked about the solid waste agreement associated with Consent Agenda
Item H in terms of the charge for tlurd party containers.
Vance ILeinler, General Manager for Solid Waste, indicated that individuals who were collectors
and who provided containers in the City did not have a container charge. Grease containers were
not being charged at tlus time and it was felt that it would be appropriate that all such containers
would be charged.
Council Meinber ILing questioned if the fees were new.
ILemler stated that they had been charged for five or more years.
Council Member ILin~ stated that it looked like the contract had to start January 1`t
ILemler stated that the contracts could start mid-year. They operated off a calendar year so each
of the permits renewed in 2010 were for 2011. New service providers would get a permit for the
current calendar year.
Council Meinber Gregory aslced if the fees for Consent Item C and D were set by the County.
City of Denton City Council Minutes
January 4, 2 0 11
Page ?
Laura Behrens, Fire Administration Manager, stated that the contract amounts were set by the
Commissioners Court and Denton did not have any input on what the amounts would be. The
amounts were based on population, routes per miles and the number of calls provided. lii terms
of the amounts coverint', the cost of service, staff had done an internal analysis on the cost to
provide the services. The response fee for a fire call did not cover the cost for an apparatus call.
On the ambulance side, the $400 per nin did not cover the cost for niiuung the ambulance but
then the City also billed the patient for the charges.
Council Meinber Watts stated that the Agenda Inforination Sheet for Consent Item C indicated
that there were three components of the charges. There was a fiYed readiness fee some cities
received even if they did not provide services.
Behrens stated that soine cities did not have a contract to provide service but inight have a
special service that might be used at some time.
Council Member Watts questioned if the fixed sum was based on niral miles and did other
municipalities receive that without havin~ to provide services.
Behrens stated that it was more tied to the contractual services. lii response to the drop in fire
calls, she indicated that several years ago Denton had contracted with the smaller cities. Those
were no longer done as those cities forined their own EMS service. The County gave thein their
own fire district wluch included uiuncorporated areas of the County to provide services thus
Denton lost niral square miles.
Council Member Gregory noticed that the minutes of the Traffic Safety Commission for Consent
Itein E did not record who voted wluch way. He was also seeing that in the Plaiuung and Zoiung
Commission votes and indicated that he would like to have a roll call vote instead of group vote.
Following the completion of the Work Session, the Council convened into the Closed Session to
discuss the following:
L Closed Meeting:
A. Consultation with Attorney-Under Texas Governinent Code, Section 551.071.
1. Receive a report and hold a discussion with the City's attorneys regarding
legal issues related to the power and authority of the Denton County
Transportation Authority ("DCTA" ) to acquire real property interests within
the inunicipal boundaries of the City of Denton and actions of the City of
Denton required for DCTA's acquisition of such real property interests. 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 clearly conflicts with the provisions of the Texas Open
Meetings Act, Chapter 551 of the TeYas Goveriunent Code in tlus matter.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chainbers at
City Hall, 215 E. McILinney Street, Denton, Texas.
City of Denton City Council Minutes
January 4, 2 0 11
Page 3
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
TeYas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclainations/Awards
1. Presentation by Carter Blood Care of Four Seasons Award to ILari Jo Zilca.
Tlus item was postponed to a future meeting.
3. CONSENT AGENDA
Council Meinber Gregory motioned, Council Meinber Watts seconded to approve the Consent
Agenda and accompanying ordinances. On roll call vote, Council Member ILing "aye", Council
Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council
Meinber Engelbrecht "aye", Mayor Pro Tem ILainp "aye", and Mayor Burroughs "aye". Motion
carried unaiumously.
Ordinance No. 2011-001
A. Consider adoption of an ordinance authorizing the City Manager to execute a Professional
Services Agreement with Malcolm Piriue, liic. for engineering services to develop a
Supervisory Control and Data Acquisition (SCADA) Master Plan for the City of Denton
Water Production Division; authorizing the expenditure of funds therefor; and providing an
effective date (RFP 4528 in an amount not to exceed $119,873). The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2011-002
B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expendihire of funds for the purchase of Retaining Wall Materials for
constniction of the Second Phase of a Screeiung Wall at Phase 3, Cell A at the City of
Denton Landfill wluch is available from oiily one source in accordance with the pertinent
provisions of Chapter 252 of the Texas Local Governinent Code exeinpting such purchases
froin the requireinents of coinpetitive bidding; and providing an effective date (File 4635-
Purchase of Retaiiung Wall Materials for Second Phase of Screeiung Wall liistallation at
City of Denton Landfill awarded to Stone Strong, LLC in the amount of $94,170). The
Public Utilities Board recommends approval (6-0).
Ordinance No. 2 011-003
C. Consider adoption of an ordinance of the City of Denton, TeYas approving and authorizing
the Mayor to eYecute an liiterlocal Ainbulance Agreement between the City of Denton and
Denton County for ainbulance services; and declaring an effective date.
City of Denton City Council Minutes
January 4, 2 0 11
Page 4
Ordinance No. 2011-004
D. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing
the Mayor to eYecute an liiterlocal Fire Protection Agreement between the City of Denton
and Denton County for fire protection services; and declaring an effective date.
Ordinance No. 2011-005
E. Consider adoption of an ordinance of the City of Denton closing, abandoning and vacating
the Robertson Street grade crossing at its intersection with the formerly Missouri-ILansas-
TeYas Railroad Company right-of-way, the Robertson Street crossing centerline presently
beint', located approximately 460 feet northwesterly of the centerline intersection of Mill
Street/Morse Street with the formerly M-IL-T Railroad Company right-of-way centerline
and being situated in the AleYander Hill Survey, Abstract No. 6?3, City and County of
Denton, TeYas, and providing an effective date.
Ordinance No. 2011-006
F. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to
reimburse eYpendinires from the Uiireserved Fund Balance of the Solid Waste Fund with
Certificates of Obligation with an aggregate maYimum principal amount equal to
$2,979,205 to allow the Solid Waste Department to purchase and acquire refuse and
recycling vehicles and equipment in order to continue providing solid waste refuse and
recycling collection operations; and providing an effective date. The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2011-007
G. Consider adoption of an ordinance of the City of Denton, TeYas to declare the intent to
reiinburse eYpenditures from the Uiireserved Fund Balance of the Wastewater Fund with
Certificates of Obligation with an aggregate maximum principal amount equal to $500,000
to allow the Wastewater Department to purchase and acquire equipment for the beneficial
reuse division; and providing an effective date. The Public Utilities Board recommends
approval (6-0).
Ordinance No. 2011-008
H. Consider adoption of an ordinance of the City of Denton, Texas ainending and restating the
Schedule of Rates for Solid Waste Service contained in Ordinance No. 2009-22 1 as
authorized by Chapter 24 of the Code of Ordinances of the City of Denton, TeYas solely as
to commercial solid waste collections services rates (Schedule SWC ) and the collection and
transportation services permit rate (Schedule SWP); providing that except for those specific
changes made to schedules SWC and SWP, that all of the remaiiung provisions of
Ordinance No. 21010-231 shall remain in full force and continuous effect; providing for a
repealer; providing for a severability clause; and providing an effective date. The Public
Utilities Board recommends approval (5-0).
Ordinance No. 2 011-009
L Consider adoption of an ordinance of the City of Denton, TeYas, approving the acquisition
by the Denton County Transportation Authority, a coordinated county transportation
authority created under Chapter 460 of the Texas Transportation Code, of a perpetual
City of Denton City Council Minutes
January 4, 2 0 11
Page 5
easeinent by eininent doinain, upon, along and across (i) an approxiinate 0.148-acre tract;
and (ii) an approxiinate 0.09-acre tract, a portion of such 0.09-acre tract being located
witlun the above described 0.148-acre tract, both tracts being situated in the Hiram Sisco
Survey, Abstract No. 1184, City of Denton, Denton County, TeYas, and being more
particularly described herein; and providing an effective date.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
TeYas, regarding a Specific Use Permit to allow a barber shop as a home occupation
within a single-fainily residence at the northeast corner of Norinan Street and
Greenlee Street. The site is located within a Downtown Residential 1(DR-1) zoninc-1,
district and contains approYimately 0.13 acres and is more commoiily laiown as Lot
15, Block 6 of the Hillside Addition; and providing for a penalty in the maYimum
amount of $2,000.00 for violations thereof, severability and an effective date (510-
0006). The Planning and Zoning Coininission recoininends approval (6-0).
Marlc Cuiuunghain, Director of Plaiuung and Development, presented the details of the request.
He indicated that the request was for a specific use perinit to allow a barber shop as a hoine
occupation within a single-family residence. The Denton Development Code required a specific
use permit for tlus type of use. The surrounding uses included multifamily, single family and the
Cuinberland Cluldren's Home. Off street parlcing would be provided in a circle driveway on the
property. The Planning and Zoning Commission recommended approval with three conditions.
After the Planning and Zoning Commission's public hearing, a fourth condition was added that
the specific use permit would be valid for ten years. The requestor was aslcing for a 15 year term
instead of a 10 year term.
The Mayor opened the public hearing.
Jim Griffin, Applicant, spolce in support.
A Comment Card from Barbara Griffin was received in support.
The Mayor closed the public hearing.
Council Member Watts questioned if the applicant could renew the specific use permit at the end
of the term.
Cunnin(,ham stated that the original specific use permit would expire but the applicant could
come back and request an extension which would require another specific use permit process.
Council Member Watts motioned, Mayor Pro Tem ILamp seconded to adopt the ordinance with
an amendment for a fifteen year term instead of a ten year term. On roll call vote, Council
Member ILing "aye", Council Member Watts "aye", Council Member Heggins "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem ILamp "aye", and
Mayor Burroughs "aye". Motion carried unanimously.
City of Denton City Council Minutes
January 4, 2 0 11
Page 6
5. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual iiiformation or recitation of
policy, or accept a proposal to place the matter on the agenda for an upcoming
ineeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be talcen, to
include: eYpressions of thanlcs, congratulations, or condolence; iiiformation regarding
holiday schedules; an honorary or salutary recogiution of a public official, public
einployee, or other citizen; a reininder about an upcoining event organized or
sponsored by the governing body; inforination regarding a social, cereinonial, or
commuiuty event orgaiuzed or sponsored by an entity other than the goveriung body
that was attended or is scheduled to be attended by a meinber of the goveriung body
or an official or employee of the municipality; or an announcement involving an
iinininent threat to the public health and safety of people in the inunicipality that has
arisen after the posting of the agenda.
Council Meinber Gregory aslced for an update on the Phase I gas well drilling in terins of where
the city was in the process and when it was expected to come before Council.
Council Meinber Heggins reminded everyone about the upcoming celebration events for Dr.
ILing.
Mayor Burroughs mentioned that the Guyer and Ryan football teams were in the football
playoffs.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
TeYas Open Meetings Act.
There was no continuation of Closed Meeting.
C. Official Action on Closed Meeting Itein(s) under Sections 551.071-551.086 of the
TeYas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 6:45 p.m.
MARIL A. BLJRROUGHS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
January 11, ?O11
After determinin~ that a quoniin was present, the City Council convened in a Special Called
Session on Tuesday, January 11, 2011 at 4:00 p.in. in the City Council Chainbers.
PRESENT: Council Member ILing, Council Member Watts, Council Member Heggins, Council
Meinber Gregory, Council Meinber Engelbrecht, Mayor Pro Tem ILamp, and Mayor
Burroughs.
ABSENT: None.
1. Proclamation for Guyer High School football team
Mayor Burroughs presented a proclamation for the Guyer High School football team.
2. Proclamation for Ryan High School football team
Mayor Burroughs presented a proclamation for the Ryan High School football team.
Followin~ the completion of the Special Called Session, the City Council of the City of Denton,
TeYas convened in ?nd Tuesday Session in the City Council Work Session Room.
1. Receive a briefing and hold a discussion regarding the aiuieYation procedures in accordance
with Texas Local Government Code. The briefin,, and discussion will including: (1) the
requirements of a 3-year Annexation Plan; (2) the provision of municipal services; and (3)
the provision of non-aiuieYation development agreement for property appraised for ad
valorem tax purposes as land for agricultural, timber land or wildlife management.
1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley Harbor
Subdivision and west of Soutlilalce Drive;
DH-9: 298 acres, located north of Poclcnis Page Road, north, south and northeast of
Edwards Road; and
3. DH-12: 1,154 acres, located south of E. University Drive, east of N. Mayhill Road,
north and south of Blagg Road, north and south of Mills Road, east and west of S.
Triiuty Road.
Marlc Cunninghain, Director of Planning and Developinent, stated that this was the second phase
of the City's three year annexation plan.
Overview/Baclcground liiformation -staff had conducted and presented an aiuieYation study to
Council including goals, planning rationale, and priority rankings. Council had provided
direction to proceed with the annexation process of specific areas. The annexation areas were
separated into two processes - eYempted and non-eYempted. The City had already adopted a
three year plan and completed an inventory of services and facilities for the non-eYempted
annexation areas nained DH7, DH9 and DH12. He reviewed the location of the three proposed
annexation areas, the current uses, nuinber of acres and nuinber of parcels.
City of Denton City Council Minutes
January 11, 2 0 11
Page ?
Annexation process - The annexation process included the adoption of a three year annexation
plan; providing written notice of intent to aiuiex, conducting an inventory of services and
facilities; preparing a service plan for the eztension of fu11 muiucipal services; providing for two
public hearings; negotiating for services for the provision of services; and arbitration if required.
Service plan - staff was recommending offering the same service plan to the three year
aiuieYation plan areas that was offered to the recently aiuieYed eYempted areas.
Negotiation for services - property owners within the areas to be annexed had the right to
negotiate for the provision of services to the area after aiuieYation. A negotiation team for the
property owners would be appointed by the Commissioners Court.
Arbitration - if the City and representatives of the area could not reach an agreement for the
provision of services, an arbitrator would be appointed. Cuiuungham reviewed the process
involved in the arbitration process. If the City did not agree with terms of the arbitrator's
decision, the City could not annex the area before the fifth anniversary of the date of the
arbitrator's decision. The City would have to pay for the arbitration services unless determined
that it was in arbitration in bad faith.
Non-annexation agreeinents - the City could not annex areas approved for ad valorein tax
purposes as land appraised for a~ricultural use, wildlife mana~ement or timber land use unless a
development agreement was offered.
Annexation schedule - the first public hearing was scheduled for Febniary lyt and the second
public hearing schedule for Febnjary 15t1i The first reading of the ordinance was scheduled for
January 10, 22012 with the second reading to be determined but done before May 7, 2013.
Council Meinber Gregory aslced if the annexation schedule was posted on the City's web site.
Cuiuungham stated that an abbreviated schedule was on the website that provided dates of
interest to the citizens.
2. Receive a report, hold a discussion and give staff direction regarding a proposed lease of
property located on the Denton Muiucipal Airport, specifically the area northeast of the
Airport Terminal parlcing lot and the lease of said property to NE liiterests, Ltd. for the
constniction and operation of a restaurant.
This itein was not considered.
Following the completion of the Tuesday Session, the Council convened in a Closed Session
to discuss the followin~:
L Closed Meeting:
A. Consultation with Attorney - Under TeYas Goveriunent Code Section 551.071.
City of Denton City Council Minutes
January 11, 2 0 11
Page 3
1. Consult with City's attorneys regarding legal issues associated with the proposed
annexation of three areas previously identified in the City's inost recent Growth
Management Plan as areas DH-7, DH-9, and DH-1?, generally described and
located as follows:
1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley
Harbor Subdivision and west of Southlalce Drive;
DH-9: 298 acres, located north of Poclcnis Page Road, north, south and
northeast of Edwards Road; and
3. DH-12: 1,154 acres, located south of E. University Drive, east of N.
Mayhill Road, north and south of Blagg Road, north and south of Mills
Road, east and west of S. Triiuty Road.
Consult with City's attorneys regarding legal issues associated with the referendum
petition to repeal Ordinance No. 2010-292.
B. Deliberations Regarding Real Property - Under Texas Governinent Code Section
551.072; Deliberations regarding Economic Development Negotiations - Under
TeYas Goveriunent Code Section 551.087, and Consultation with Attorney - Under
Texas Governinent Code Section 551.071.
1. Receive a report, hold a discussion and give staff direction regarding the
value of real property located on the Denton Muiucipal Airport, specifically
the area northeast of the Airport Terininal parlcing lot and the lease of said
real property to NE Interests, Ltd. for the constniction and operation of a
restaurant where deliberation in an open meeting would have a detrimental
effect on the position of the City of Denton in negotiations with a tlurd
person.
Item B1 was not discussed.
Following the completion of the Closed Meeting, the Council was to convene in a Special Called
Session to consider the followin~:
L Consider adoption of an ordinance approving a Commercial Operator Airport Lease
Agreement between the City of Denton, TeYas and NE Development and Constniction at
the Denton Municipal Airport for lease of property on which to build and operate a
restaurant; and providing an effective date. The Airport Advisory Board recommends
approval (5-0).
Tlus item was not considered.
2. Consider adoption of an ordinance establishing an economic development program under
Chapter 380 of the Local Goveriunent Code for malcing grants of public money to promote
City of Denton City Council Minutes
January 11, 2 0 11
Page 4
economic development and to stimulate business activity in the City of Denton; approvin~
an econoinic developinent prograin grant agreeinent with NE Interests, Ltd. regarding the
constniction of a restaurant at the Denton Muiucipal Airport in the City of Denton, TeYas;
authorizing the eYpenditure of funds therefor; and providing an effective date. The Airport
Advisory Board recoininends approval (5-0).
Tlus item was not considered.
With no further business, the meeting was adjourned at 6:03 p.m.
MARIL A. BLJRROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 1, ?O11
DEPARTMENT: Planning and Developinent
ACM: Fred Greene
SUBJECT -1411 E. UniveNSity Drive (ZIO-0007)
Consider adoption of an ordinance of the City of Denton, TeYas, providing for a zoiung change
from a Neighborhood Residential 3(NR-3 ) zoiung district classification and use desigiation to a
Nei,,hborhood Residential Mixed Use 12 (NRMCJ-12) zoning district classification and use
designation, with an overlay district, on 6.836 acres of land located at the northeast corner of
Glenwood Lane and East Uiuversity Drive (U.S. 380), situated witlun the J.Q. Lilly Survey,
Abstract No. 7621, witlun the city of Denton, Denton County, TeYas; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof, severability and an effective date.
(ZIO-0007) The Planninc-1, and Zoninc-1, Commission recommends approval with an overlay district
(3-').
PROPOSAL
The applicant (Spring Brook Planning Group) desires to rezone the property to allow for the uses
permitted witlun the Neighborhood Residential MiYed Use 12 (NRMU-12) zoiung district with
the addition of a restrictive overlay. The applicant proposes to allow all permitted uses witlun
the NRMCJ-12 district except for Laundry Facilities. The restrictive overlay addresses buffering
along the site's northern property boundary and architectural standards. These restrictions were
added by the applicant to attend to concerns of the surrounding neighborhood discussed at four
neighborhood meetings regarding transition and compatibility of adjacent single-family uses. A
summary of the neighborhood meetings is provided in Exhibit 7.
BACKGROUND
The subject site is developed with one single-family home and is currently unplatted. Tlus
rezoning proposal was considered by City Council on December 7, 2010 via a public hearing.
During the public hearing, many of the overlay restrictions proposed by the applicant were
discussed, during wluch some amendments were proffered. After closing the public hearing, the
City Council continued the case to a date certain of Febniary 1, 21010. One of the purposes of
continuing the case was to allow for the revision of the overlay restrictions that were agreed to
by the applicant at the public hearin~. These restrictions included identifyin~ specific
arclutectural standards for the buildings and fencing the baclcyard of the property. The
continuation was also to enable the applicant to further discuss the overlay restrictions with the
community and possibly arrive at a consensus.
Tlurty-one (31) public notices were sent to residents witlun two hundred feet (200') of the site
(EYlubit 8). As of tlus writing, staff has received 16 responses to the Notice of Public Hearing
from property owners within 200 feet of the subject site. Seven (7) respondents were in
opposition to the request accounting for 2.81 acres or 18.08% of the land area within 200 feet. If
?0% or more of the land area witlun 200 feet of a rezone request is in opposition to the request at
the time of the City Council public hearing, a supermajority vote (3/4) is required by the City
Council to approve the request.
Cin Council Staff Report Page 1 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
PRIOR ACTION/REVIEW
1. Clty COLi11C11
Plaiuung and Zoiung Commission
OPTIONS
1. Approve as submitted.
Approve subject to conditions.
3. Recommend denial.
4. Postpone consideration.
5. Table item.
December 7, 21010
October ?0, 21010
RECOMMENDATION
The Planning and Zoning Commission recommends APPROVAL of this rezoning request,
subject to the overlay district (3-2).
The Development Review Committee recommends APPROVAL of tlus rezoiung request, with
the restrictive overlay conditions offered by the applicant.
EYHIBITS
1. Site Location/Aerial Map
2. Existint', Zonint', Map
3. Proposed Zoiung Map
4. Future Land Use Map
5. Site/Subdivision/Development Plan
6. Letter from the Applicant
7. Neighborhood meeting summaries
8. Notice of Public Hearing Responses
9. Site Photos
10. October 20, 2010 P&Z Meeting Minutes
11. Ordinance
Prepared by:
~
Nana Appiali, AICP
Seiuor Plaiuier
Respectfully submitted:
~
Marlc Cuiuunghain, AICP, CPM
Plaiuung and Development Director
Cin Council Staff Report Page 2 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date:
CC Date:
Project Number:
Z 10-0007
TYPE: Rezoning
PROJECT Z10-0007
Request: Rezoiung from a Neighborhood Residential 3(NR-3 ) to a
Neighborhood Residential MiYed Use 12 (NRMU-12) zoiung
district with a restrictive overlay on approxiinately 6.836 acres.
Applicant: Spring Broolc Plaiuung Group
2405 Mustang Drive
Grapevine, TX 76051
Property Owner:
Location:
Size:
Zoning Designation:
Future Land Use:
Case Planner:
P&Z Recommendation:
DRC Recommendation:
Summary of Analysis:
John Porter
1111 Emerson Lane
Denton, TX 76209
The property is located at the northeast corner of Glenwood Lane
and East University Drive (U.S. 380).
6.836 acres
Neighborhood Residential 3 (NR-3 )
EYisting Land Use
Erica Marohnic, AICP
The Plaiuung and Zoiung Commission recommends APPROVAL
of tlus rezoiung request, subject to a restrictive overlay district
The Development Review Committee recommends APPROVAL
of tlus rezoiung request, subject to a restrictive overlay district.
The subject site is developed with one single-family home on approYimately 6.836 acres. The
site is unplatted and has a zoiung district of Neighborhood Residential 3(NR-3 wluch it
received in Febniary 2002 during the city-wide rezoning and adoption of the Denton
Developinent Code (DDC). Prior to NR-3, the zoning district was One-fainily dwelling district
10 (SF-10). Permitted uses witlun the SF-10 district were limited to single-fai-nily homes, some
civic uses and religious institutions.
The overlay restrictions proposed by the applicant include a solid fence between any proposed
use on site and the existing Crescent Heights subdivision to the north. Per the DDC, a type "C"
Cin Council Staff Report Page 3 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
October 20, 2010
February 1, 2011
December 7, 2010
buffer, 15 feet wide with coinbination of trees and shnibs, would be required between a
commercial use and the eYisting residential. The applicant is proposing a 15-foot buffer
regardless of the ultimate use. The buffer will include a 6-foot tall solid fence with evergreen
and deciduous trees; however, there will be no shnibs present. The applicant also proposes to
further restrict uses within 150 feet of the northern property line to only single-fainily,
professional service and office uses.
The arclutectural standards proposed by the applicant eYCeed current standards for commercial
and inulti-fainily stnictures required in Subchapter 13 of the DDC Specific types of windows,
roof pitch and shingle types are stated. Additionally, height is proposed to be limited to one-
story, well below the maYimusn allowed in the NRMCJ-1? zoiung district.
Given the location of the subject property along a inajor arterial and the configuration of the site,
it is staff's opinion that the future development potential of the property being consistent with the
neighboring single-fai-nily residences is uiilikely. The rezoiung request to allow for a more
intense zoiung district at the intersection of an arterial and collector roadway is indicative of the
trend towards mixed use and commercial development that can be supported by the surrounding
area. Existin~ commercial uses are found east and west of the site alon~ University Drive.
Tlurty-one public notices were sent to residents witlun 200 feet of the site (EYlubit 8). As of tlus
writing, staff received sixteen (16) responses, seven (7) of which are in opposition. The number
of property owners within 200 feet of the subject site and are currently in opposition of the
proposed rezoiung calculates to eighteen percent (18.08%). Tlus is less than twenty percent
(20%) threshold required by the TeYas Local Goveriunent Code to trigger a supermajority vote
of approval. However, per Texas Local Governinent Code, opposition responses inay be
accepted until the time of the public hearing. Therefore, it is possible that a super-majority vote
will be required to approve the subject request.
Findings of Fact
L The i•eqlrest is foi• ai•ezoriirig ori approximatelt, 6.836 aci•es fto1n a Neighboi•hood
Resicleratial 3(NR-3) to a Neighbor•hoocl Resicleratialll-lixecl ZT,se 12 (NRA1tT-12) .:orairag
(li.strict ivith a r•e.str•i('tii'e oivr•Iay. The s11bject1)1•01)er•tl' is Iocatecl at the `lor•tlieast cor•raer•
of GJemrood Larie arid East (Triii,ersity I)rii,e (tT.S. 380).
2. The siibject site is cleivlol)ecl irith orae siragle-falizily honze arac1 is irralVattecl. The for•nzer•
.:Orairag (listr•ict was Orae fanzily ch~~~ellirag clistr•ict 10 (,SF-10) l)rior• to tl~e citt-wicle
1'E"OJ?lJ?g 1J? 2002. 3. The s11bject site is withira the Existirag Laracl tlse firtur•e Iaracl itse eategory which irachIcles
existirag r•esicleratial itses arac1 raeiv irafill colizl)atihility. Nciv cleivlo1n1zerat shoitlcl r•esl)orac1
t0 E'Y1Stl1?g GlE'1'E'JOjJI??E'1?t 11'ltl? COl??jJqtlbJE' Jql?d 1lSE?S jJqttE'1'1?S ql?d GlE?Slgl? Stql?Glq1'G& 1'l?E'
pJqJ? 1'E?COII71??E'J?GlS tl?qt E'Y1St1J?g J?E'lg11b01'l?OOGlS 11'1t111Ji tl?E' Clll' bE' 11g01'O1lSJI'pI'OtE?CtE?d qJ?d
l)r•eser•i,ecl. Honsirag that is conzl)atible irith the existirag clerasitl', raeiglIbor•1100(l ser•ilce
aracl conzmer•cial Iarac1 itses is allolvecl.
4. 1'l?E' NR-3 ql?d NRAIj 12 'OI?ll?g Gl1St1'1CtS q1'E' 11'1t1111i tl?E' NE'lg11b01'l?OOd RE?S1GlE'1?tlqJ g1'O1ljJ
(?f .:orairag clistr•ict.s ivhose i`lterat is to l)r•eser•i,e aracl l)r•otect existirag raeighbor•hoocl,s to
erasirr•e that arai, raeiv cleivlolnzerat is conzl)atible irith the existirag laracl Uses, l)atter•ras arac1
GlE?Slgl? Stql?Glq1'GlS. 1'l?1S Gl1St1'1Ct l?qS SE'1'E'1? 'OI?ll?g Gl1St1'1CtS 11'1t1111? 1tS Jql?d 1lSE' CqtE'g0r1'.
Cin Council Staff Report Page 4 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Tliese irachtcle Neighbor•hoocl Resicleratial 1(NR-1), Neighbor•hoocl Resicleratial 2(NR-2),
Neighboi•hood Resideritial 3(NR-3), Neighboi•hood Resideritial -l (NR--I), Neighboi•hood
ResideritiaJ 6(NR-6), Neighboi•hood ResideritiaJ 1llixed tlse 12 (NR[11Z112) arid
Neiglibor•hoocl Resicleratial -A-lixecl ZT,se (NRA1tT).
5. AcJjcrceirt .:olrilrg cJi.strict.s ilrcltfcJe NeighborhoocJ Re.sicJelrticrl 3(NR-3) to the irortli,
I)011'J?t011'J? COl??1??E'1'CIqJ GE'J?E'1'qJ t0 tl?E' 11'E?St, NE'lg11b01'l?OOd RE?S1GlE'J?tlqJ 1111YE?d
tTse 12 (NRA1ZT-12) to the solrth atid Neighboi'hood ResidetitiaJ 3(NR-3) to the east.
6. Tlier•e ar•e rao pIarrraeclpublic inzpr•oivnzerats for• potable 1vater•, sarlitar•y sei ver•, cIr•airaage
01' t1'ql?SjJ01'tqtl0l? fqClJltlE?S SE'1'1'll?g tl?E' S7lbJE?Ct S1tE' ll? 1'E'Jqtl01i t0 tl?1S 1'E'q1lE?St
7. Uleraivoocl Larae is eJassifiecl as a Resicleratial Aivraite C'ollector• r•eqirir•irag 65feet of r•iglit-
of-way per the C'ity of Deirtotr 's Mobility Platr. (Tleraivoocl Larae is corastr•ilete(l of a.sl)halt
ql?d 1S COI?S1GlE'1'E?d 1l1?ll??pI'Ol'E?dpE'1' tl?E' 1'1'ql?SpOI'tqtl0l? C1'1tE'1'lq 111q1?1lqJ.
S. ZTrui,er•sity Dr•ii,e is classifiecl as a Prilizar~, 11-1qjor• Ar•terial r•eqirir•irag 135feet of r•ight-qf-
way per the C'ity of Denton 's Mobility Platr.
9. WqtE'1' 1S ql'qlJqbJE'ftOln q 6-ll?Cl? 1??qlli qJ01?g GJE'1?l1'OOdLql?E'.
10. Seiver• i.s aiailable bl'irastallirag a 6-irach nzaira east►var•c1 fironz the pr•oper•ty to the existirag
8-irich 1Tiairi ori Rec&ood.
Develonment Review Committee
Based upon the iiiformation provided by the applicatit and a recent site visit, the Development
Review Committee finds that with the recommended conditions the request IS CONSISTENT
with the surrounding land uses and general character of the area, IS CONSISTENT with the
Denton Plan, and IS CONSISTENT with the Denton Developinent Code.
The Development Review Committee recommends APPROVAL of tlus rezoiung request,
subject to the following restrictive overlay conditions. The inost recent changes since the
Deceinber 7, 2010 City Council public hearing, and changes to the P&Z recoininendation are
shown as either s*r;k°*',r^„g', or in underlined font:
1. All uses permitted within the NRMU-12 zoning district are permitted on the subject site
as described in EYlubit A of the ordinance, eYCept for Laundry Facilities.
a. The oiily stnictures allowed witlun 150 feet of the northern property line shall be
, , professional service and
office uses. Parking is uermitted within 20 feet of the northern urouertv line.
2. An eight-foot ;si~i feat; hi~h solid screen fence (~ood side out) shall be installed per the
requirements of the Denton Development Code, constnicted with steel posts and decorative
caps, in the locations specified witlun EYlubit B of the ordinatice, attached hereto and
incorporated herein by reference, atid is subject to further restrictions as follows:
a. The fence shall be constnicted in accordance with Section 35.13.9 of the Denton
Developinent Code.
b. The fence shall be constnicted in the required buffer yard adjacent to the property
line in lieu of the required buffer shnibs.
Cin Council Staff Report Page -5 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
c. All required buffer trees shall be planted in accordance with the requirements of
the Denton Development Code.
d. If the fence is constnicted of wood, the wood shall be cedar.
3. In the event that single family detached, single-family attached or duplex stnictures are
not developed adjacent to Glenwood, a 6-foot lugh wrought iron stvle fence shall be
installed per the requirements of the Denton Development Code in the locations specified
within Exhibit B of the ordinance, attached hereto and incorporated herein by reference, and
is subject to further restrictions as follows:
a. The fence shall be constnicted of tubular steel.
b. A"Type C" buffer shall be planted adjacent to the fencing in accordance with
Section 35.13.8 of the Denton Development Code.
c. Perimeter fences are not required where they interfere with access roads and
driveways.
4. The following arclutectural standards shall be incorporated into proposed buildings:
a. Arclutectural elements such as
prominent entries, offsets or recesses along all sides, decorative wall and roof
vents and gable features shall be incorporated into the design of buildings;
b. All windows shall be Double Insulated windows with therinal brealc and no
mirrored glass;
c. The miiumum roof pitch shall be 4:12 and the maYimum roof pitch shall be 10:121;
d. New buildings shall incorporate alternating roof plate heights;
e. Slungles (if used) shall be a miiumum 30 year arclutectural style composition
slungle;
£ The eYterior of all new stnictures shall be
constnicted of .M--.M one hundred uercent (100%) masonry (excluding
doors windows, doriners and triin). For the purposes of this ordinance inasonry
includes briclc, stone and stucco; and
g. Building height shall be limited to one story and shall not exceed thirtv-two (32)
feet.
5. Exterior lighting shall be shielded so as not to shine onto adiacent urouerties.
6. All trees ulanted in the buffer vards shall be a minimum of four inches (4") to six
inches (6") dbh and a minimum of twentv feet (20') high.
GENERAL NOTES
YOTE: Approvczl of tlzis request slzczll liot colistitute cz 11cziver or vczriczlice from czln~ czpplicczble developmelit
requiremelit umless specrfrcczlli~ 11oted ili the conditiolis of czpprovczl cz/id colisistelit iaitlz the I)elitoli
I)evelopmelit C,ode.
-V(1TE: All irr°ittert cuntInErtts mcrclE irt the crppliccrtiurt crrtcl SztbsEqztErttsztblnissiurts uf irtfur°Incrtiurt Incrcle clztr°irtg the
crppliccrtiurt revielrpr°ucess, 11-ltich crr°e urt filE iritlt the ('ity ufDertturt, shcrll bE cunsider°ed tu bE hirtdirtg
ztpurt the crppliccrrtt, pr°uviclecl Such cut1t1nErtts crr°e rtutcrtvcrr°icrrtce iritlt the DErtturt Plcrrt, DErtturt
DevelupmErtt('udeur°utliel°develupmErttr°egzrlcrtiurtsirtEffECtcrtthE tilnE ufWevelupmErtt.
Cin Council Staff Report Page 6 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Surrounding Zoning Designations and Current Land Use Activity:
Northwest:
Neighboi•hood Resideritial 3
(NR-3); Single falnilv
r•esiclerztial
West:
Dcrrrzto►vrz C'omnzer•cial
GE'1?E'1'qJ .S'll?gJE'-
North:
Neighboi•hood Resideritial 3
(NR-3); Single falnilv
r•esiclerztial
Northexst:
Neighboi•hood Resideritial 3
(NR-3); Single falnilv
r•esiclerztial
E ast:
Neighborhooc! Re.siclelrticrl 3
(NR-3); Single falnilv
1'E'S1GlE'1?tlqJ
falnilt, i•esideritial &
conznzer•cial clei,elopnzerat
Suuthwest:
Doirrztoirrz C'omnzer•ciczl
Gerieral 1llultifalnilv
i•esideritial & co1Ti1Tiei•cial
cletivlolnzerzt
Suuth:
Neighborhooc! Re.sicleltticrl
1llixed t Tse 12 (NRA1( T-12);
1112lJtlfql??1J1' 7'C?S1GlC'1?t1qJ
waclei,elol)ecll)r•over•t1,
Source: ('ih- ofDenton Ueo~rcq~I2iccel b2fbtfincetron 51-stern cenclsite visit bti• ('ih- stceff
Comprehensive Plan:
A. Consistency with Goals, Objectives and Strategies
Suutheast:
Neighborhooc! Re.siclelrticrl
1llixed t Tse 12 (NRA1( T-12) &
Neighboi•hood Resideritial 3
(NR-3); Sirzgle fanzily
r•esicleratial
The subject site is located in the "Existing Land Use" future land use designation. These areas
are typically established residential areas, wluch new development should respond to eYisting
development with compatible land uses, patterns and design standards. The plan recommends
that existing neighborhoods within the city be vigorously protected and preserved. Housing that
is compatible with the existing density, neighborhood service and commercial land uses is
allowed. New residential, neighborhood services and commercial uses would be consistent with
the future land use designation and therefore the Denton Plan.
B. Land use analysis
There is currently 1,170.61 acres designated NRM[_7-12 in the City. Of these, 1,170.61 acres
desi~iated NRM[_7-12 ui the City; 1,069.87 acres are shov~ni to be developed (91%), accordui~ to the
City of Denton GIS.
The differences between the NR-3 and NRM[_7-12 districts primarily relate to the allowance of some
conullercial uses with size restrictions within the NRM[_7-12 district which are not currently allowed
within the NR-3 district.
Cin Council Staff Report Page 7 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
The following tables illustrate the differences between the NRM[_7-12 a~id NR-3 districts:
Agriculture
P
P
Livestock
L(7)
L(7)
Single Family Dwellings
P
P
Accessory Dwelling Units
L(1)
SUP
L(1)
Attached Single Family Dwellings
P
SUP
Dwellings Above Businesses
P
N
Live/Work Units
P
N
Duplexes
P
N
Community Homes For the Disabled
P
P
Group Homes
SUP
N
Multi-Family Dwellings
L(4)
N
Manufactured Housing Developments
N
N
L(4) = Multi-fainily is perinitted only:
1. With a Specific Use Permit; or
2. As part of a Mixed-Use Developinent; or
3. As part of a Master Plan Developinent, Existing; or
4. If the development received zoiung approval allowing multi-fai-nily use witlun one year prior
to the effective date of Ordinance No. 2005-224; or
5. If allowed by a City Council approved neighborhood (small area) plan.
Cin Council Staff Report Page 8 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Home Occupation
P
P
Sale of Products Grown on Site
N
N
Hotels
N
N
Motels
N
N
Bed and Breakfast
L(10)
N
Retail Sales and Service
L(15)
N
Movie Theaters
N
N
Restaurant or Private Club
N
N
Drive-through Facility
N
N
Professional Services and Offices
L(14)
N
Quick Vehicle Servicing
N
N
Vehicle Repair
N
N
Auto and RV Sales
N
N
***Laundry Facilities
N
N
Equestrian Facilities
N
N
Outdoor Recreation
SUP
P
Indoor Recreation
N
N
Major Event Entertainment
N
N
Commercial Parking Lots
N
N
Administrative or Research Facilities
N
N
Broadcasting of Production Studio
N
N
Sexually Oriented Business
N
N
Temporary Uses
L(38)
L(38)
***The applicant proposes to eliminate Laundry Facilities as a permitted use within the
restrictive overlay district.
L(10) = All restrictions of L(8), but limited to no more than 5gniest uiuts.
L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot.
L(14) = Uses are limited to no more than 10,000 square feet of gross floor area.
L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP
is required for additional square footage for Semi-Public Halls, Clubs and Lodges.
Cin Council Staff Report Page 9 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Printing / Publishing
N
N
Bakeries
N
N
Manufacture of Non-odoriferous Foods
N
N
Feed Lots
N
N
Food Processing
N
N
Light Manufacturing
N
N
Heavy Manufacturing
N
N
Wholesale Sales
N
N
Wholesale Nurseries
N
N
Distribution Center
N
N
Wholesale Storage and Distribution
N
N
Self-service Storage
N
N
Construction Materials Sales
N
N
Junk Yards and Auto Wrecking
N
N
Kennels
N
N
Veterinary Clinics
N
N
Sanitary Landfills, Commercial
N
N
Incinerators, Transfer Stations
Gas Wells
SUP
SUP
L(27)
L(27)
Cin Council Staff Report Page 10 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Basic Utilities
L(25)
L(25)
Community Service
P
N
Parks and Open Space
P
P
Churches
P
P
Semi-public, Halls, Clubs, and Lodges
L(15)
SUP
Business / Trade School
N
N
Adult or Child Day Care
P
SUP
Kindergarten, Elementary School
P
SUP
Middle School
P
N
High School
N
N
Colleges
N
N
Hospital
N
N
Elderly Housing
L(13)
N
Medical Centers
N
N
Cemeteries
N
N
Mortuaries
N
N
Cin Council Staff Report Page 11 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
35.5.2.3 General Regulatians.
General regttilations nf the RPSiclentiall\'eivllhnrhoocl land nse zorle are cnnrainecl isi the table heloNv:
Tlie tnllc~Nving liinits apl3lv to Subeliti-isi"ii of 2 .aeres or le5s:
Minimum l04 area (square fee4)
32,000
16,400
10,DO0
7,600
6,006
3,500
2,500
Mirrimurm Iat widtYr
80 feet
80 feet
66 feet
50 feet
50 feet
30 feet
20 feet
Minimum Iot depth
100 feet
100 feet
80 feet
80 feet
SI I feet
80 feet
50 feet
Minimum frant yard setback
26 feet
20 feet
15 feet
20 feet
10 feet
10 feet
None
L(2)
L(2)
Minimum side yard
6 feet
6 feet
6 feet
6 feet
6 feet
6 feet
6 feet
Minimum side yard adjacent to a street
10 feet
10 feet
16 feet
10 feet
10 feet
10 feet
None
Minimum rear yard
10 feet
10 feet
10 feet
tD feet
10 feet
10 feet
None
Tl1e tulla~,-ina Linits q
, p13Ii ta subclivisi()n
Dt inore th"i
n 2 eicies isi
lieti ot tiiii
-nsiltiin 1at
size ai1c1 elti
neustoli ieqti
ireinesits:
Meximum density, dwslling units per acre 1 2 3.5 4 6 12 30
Minimum side yard for non-attached 20 feet 10 feet 6 feet 5 feet 4 feet 10 feet 12 feet
buildings
T1ie rallo-wina Ltnits apply to nll buildin,gs:
Maximum lot coverage
30%p
Minimum landscapsd area
70%
Nlaximum building height
46 feet
10 feet
plus 1
foatfor
eachr
Minimum yard when abutting a single- foot of
family use or district building
height
abave
20 feet
C. Current Zoiung District Allocation
Sub.ject Pruperty
6.836 f acres
Neigliborliood
Residential Mised
Use 12 (NRM[J-12)
Source: ('ih. ofDenton
30%
50°!0
64%
60%0
60°10
84"/0
7Q°la
55%
40%
40%
40%
20%
40 feet
40 feet
40 feet
40 feet
40 feet
65 feet
10 feet
16 feet
10 feet
10 feet
15 feet
20 feet
plus 1
plus 1
plus 1
plus 1
plus 1
pBus 1
foot for
foot fae
feaot far
foeat for
foaf for
foot for
each
each
each
each
each
each
foot of
foot af
foot of
foot of
foat af
foot of
building
building
building
building
building
building
height
height
height
height
height
height
above
above
above
above
above
abave
20 feet
20 feet
20 feet
20 feet
20 feet
20 feet
Current Allucatiun in the City
1,170.61
Zuning allucatiun
Dei-eluped Allucatiun in
the Citv
1,069.87 (91%)
Change Based Upun
Request
+6.836
Cin Council Staff Report Page 12 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Nearest Elementary, r
Nxme of School
Wilson Eleinentan Scliool
StriclLland Middle Scliool
Bi11N RN an Higli Scliool
Vliddle, and High School
Approximxte Distxnce
From Sub.ject Property
I ?.6 1Tllf I
I ?.4 1Tll f I
I 7 1Tll f I
Project's Estimated Annual Student
Generxtion
Unable to detei7nine, no uiut count proposed
Unable to detei7nine, no uiut count proposed
Unable to detei7nine, no uiut count proposed
The applicant has not identified a uiut type or total and therefore a student generation total
cannot be determined for the proposed rezoning.
Nearest Fire, and EMS Station
Nxme of Stxtion APProximxte Distxnce From
Sub.ject Property
FFire Station #4, 2110 E. Sherman Drive ~ 3.2 nu f
,S'oatrce: C,iti~ ofI)elitoli GIS, Fire I)ej)czrtmelit, czlidE-ilS'
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Estimated Impact Analvsis
~~e (Yes ur
Prupused Demand (6.836 f Acres) Adequate tu Sei No)
Peimitted Deiisin• ~ 12 uiuts per acre ~ See beloii-
Potable Water 77 Marginal
Consumption (GPD)
Wasteii ater 49 yes
Generarion (GPD)
B. Available Capacity:
Water service is available from an existin~ 6-inch main alon~ Glenwood Lane. This existin~
main is inadequate to satisfy fire flow demands for development associated with the requested
rezoiung; offsite improvements would be necessary to resolve tlus issue.
Sewer service is available by installing a 6-inch inain eastward froin the property to the existing
8-inch main on Redwood Place. The applicant will have to acquire a public utility easement
(PUE) corresponding to the off-site property that tlus main would cross.
C. CIP Planned Iinproveinents:
There are currently no plaiuied water or sewer CIP projects for tlus area.
Cin Council Staff Report Page 13 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Roadways/Transportation Network:
A. Estimated Demand:
Estimxted Impxct Anxlvsis
Proposed Demxnd (6.836 f acres)
Pei7nitted Densin• 12 uiuts per acre
AN•erage Aimual 700
Daily- Tiips (AADT)
PM Peali Hour Tiips ~ 70
Yes
Yes
Per Section 35.210.4.13 of the DDC, access to Uiuversity Drive is not permitted uiiless no other
reasonable meatis of providing safe access to the property are available. The applicant will be
required to provide trip ~eneration calculations to determine if driveway access onto University
Drive inay be perinitted per Section 34-115(3) of the COD Code of Ordinances at platting or
seek a variance. A traffic impact analysis (TIA) may be required depending on the trip
generation data in accordance with the DDC, Section 3520.?.M2.
Constniction of a 5-foot wide sidewallc is required along University Drive frontage at the time of
development. Any constniction along Uiuversity Drive right-of-way will require a TXDOT
Permit.
A large portion of the site's frontage of Glenwood Lane is classified as unimproved per DDC,
Section 35.2102.1-3.a. Therefore, at the time of development, constniction of a?5-feet wide
concrete/asphalt pavement, 8-foot wide sidewallc, curb and gnrtter, and required drainage
improvements will be required along Glenwood Lane frontage (DDC, Section 3520.2.L.2).
B. Available Capacity:
There is adequate capacity in the roadway infrastnicture serving the site.
C Roadway Conditions:
Glenwood Lane is unimproved along the site's frontage. At the time of development, the
applicant will be responsible for iinproving Glenwood Lane frontage to City Standards.
Uiuversity Drive (U.S. 380) is in good condition.
D. CIP Planned Iinproveinents:
There are currently no plaiuied transportation CIl' projects for tlus area.
Environmental Conditions:
A. Surface Water:
There is no surface water present on site.
B. Enviroiunentally Sensitive Areas:
There are no environinentally sensitive areas present on site.
Adequate tu Seive (Yes ur Nu)
Yes
Cin Council Staff Report Page 14 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Wells (Public/Private):
The City water systein will be required to be utilized to meet potable water and fire flow
requirements.
Airports:
The subject site is not witlun the ACLUD boundaries.
Electric:
Denton Municipal Electric (DME) has sufficient capacity to support this project.
Park Facilities:
A. Name of parlc facilities currently servin~ this area:
a. Sequoia Park, 220 feet to the south.
b. Nette Shultz Parlc, 1,500 feet to the northeast.
c. Texas Woman's Uiuversity Golf Course, 670 feet to the southwest
B. Type of services within the area:
Parlcs listed are neighborhood parlcs witlun '/2mile radius wluch include playgrounds,
playfields, play courts, wallcing trails, open space, and piciuc facilities.
Comments from other Departments:
Not applicable.
Cin Council Staff Report Page 1-5 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Exhibit 1 Site Location/Aerial Map
~~~end
C'ente rlit7p
~ parcels
N
Zl 0-~~~~;
1411 East Uni vers ity Drive
1t5 530
4 F-, u, r.90 92r
E FF-?'
Cin Council St1ff Report Page 16 of 41
1 ,a ,,u i 4 .a 1 Pni Case#: Z10-0007
Exhibit 2 Existing Zoning Map
.(A(EWe3&-
►
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Cin Council St1ff Report Page 17 of 41
1141,114 .a ioPni Case#: Z10-0007
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Exhibit 3 Proposed Zoning Map
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aDO 200 0 aao Feet
Cin Council St1ff Report Page 18 of 41
i,a ,,u i a.a ioPni Case#: Z10-0007
Exhibit 4 Future Land Use Map
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Cin Council Staff Report Page 19 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
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Exhibit 6 Letter from the Applicant
pr~~gt~~,$k
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~~~~ch 3. 2010
Pw1r. Mark Cunningham, AICF
Director of PIanninc~ ~evelapriient
Citv of Denfon
22'9 N Efm
Denfon, TX 76201
C1ear h1r. Clinnioigham,
Re: Zaojing Amendmeojt applicat€an for c.8± acres genenallv Iacated at the nort€ieast corner
of E. Ur~iversitv and GIenLVOad; conirnonjly° referreei ta as 1411 E Ur~iversity Dr., in #he City of
C1enfon, TexaS. (1411 E University Cir. - PAC'€0-0018)
C1ear Pw9r. Cunningham,
N1'r. Jolin Parier is consideriojg rezoning ihe subject property [Exliibit 1} frarii NR-3
(Neighbdrhaod Resident€aI 3) td NRN1U-12 (Nenghborliood Resic{ential PvTixed-lJse -"92).
Although na pIans Iiave heen formalized, Mr. Parter's intent is ta Litilize the hard corner far
ccrmrriercial use and possibly ccrnsfrucct singl'e-famdy (clusiei- Eion7es andlor tawnhomes) on ihe
remainder of the property-
PROJECT NAPRITIVE:
Existina Site ConcEitions:.
• The property is t~.836 acres and is currently zaned NR-3 (Exhibit
• The prapert_y is ncat pIattecf.
• There is one single-family structlire on khe prcrperty-
• Based crn the Cily of flen#on mappinjg;
o Thsere is no ESA on the properfy
_I Thsere is over a 30' eleviatdon chaEige an fhe property (Exhfbil 2)
• kNater is availabl'e frori7 exisfing s3"' I€ne alooig f;lenwood
• Saojitary Selver is available frorii 8' main oEi Redwca+ad
• AccesS to the praperty is from GIenwaod
o ,4 CLirb cui on Urs€versity alsa exists
S<irrotundina zonioja & uses:
Norfh: NR-3 - Sengle-farriily Res€deniial
South: NRNILI-12 - 5enior Living & uJndevelapecf
Easf: NR-3 - Single-family Resideniial
l^u'est: NR-3 - Sengle-family Resedeniial & IDC-G -Commercial
2405 Mustang C3rive / Grapeuine, Texas 76051 ; 469-955-9580 ? 817-329-4453 (Fax)
Cin Council Staff Report Page 21 of 41
i,a;,,,iia;aio Pni Case#: Z10-0007
Pror)osed Site Cociditions:
«Topogr~phy Ml probably nieed fa be modified r,the arl7aLIrlt is unkrsown at this fime3-
• The existing resicfentia,l stl-uc#Lil-e wsll be reri7pved etemollished
Traffic Imnacf:
AItliougli tliere. are ncr pIans develloped, traffic WaLlld increase if the praperty was
rezotied arret recic-velcaped_ Ilt is anticipated that University Dr-€ve can easi,ly,
accarnmodale any €ncreasect traffie.
• Dc-n#on Deuellooment Gode Arsalvs€s
= It is ianticipated that thc- proposed development will meet or exe~ed thc- requirements of
the DDC-
• Denion PIan Analvsis..
= This c6evelopmen# rrieefs or exc~eds r~nany of the sfatecf goals and polRcaes founc6 in the
flenton PIan includRng-
The propemty is witliin the Existinci Res€dential ' Infill GoniDaiibilitv Iianci use
desigrration. The Dentarr Plan states:
Witfrirt estobfisPaed resideratitai areas, new cievefopr~~ent shotrtcf reU~ond fo
existr,r}g cdeved'optaaer7t tvrtfa c+ampafibfe daa3ci useU, patter;ras, arac1 desigr7 sfa,rada€c1s
Tfae p1an .recommeryc'U that existing ,f1ergJ7horhoods, rvittxm ttxe rrty he vigo€°otrsf - v
t7r'ofecfed anu' prese,r~ed. HausKr7g that r,, compatrble VvrfP3 tPle exrstrng derrstfy:
nerghborhood se,mce: ar4d camme,rcol dand eises rs afl~tve{1
The prapasect zoning €s respanding to the existing develapment pat#erri irr the
su!rraunding area_ Cornmercial (ncrn-residential) is dorri€nan# adjacent to
i.lniversi#y and single-f~~rri€ly residentiial heyariet fhat.
■ Thc- garQposa l sLIPPcrrts the fo llowing Growih P-Jan a gemerst Policies= {Page 1 9 - 21 j
, The growlh management strat~gy sfioulcf suppart the coorciinaticrra of pwbl€c
seruices +rritli pi-ivate development_ [levelapri7ent patferns that ri1ake the mosi
effic€eraf use af publlic s~i-vices and €nfrasirwcture 5.hotild be pi-ornoied. The
true impact of private develapment shO<AId be accura#eIV identi€ied arsd
assesseei in proportion tp publlic costs and benefits.
• Land Lises sliould be balanced tQ maintain qutility of I€fe, ti diverse econoriiy
tir€d a well-propori.i,Qned tax base. The ciiy will proai,c6e oppcrrtur€itic-s fai- the
developralent af a full array of I,and LAses witliin the city-
• Zcrning shcrtulld be use€t as crriginally infended; ta address extreme
incorr7pafib€Iit[es be#ween Ianc{ uses_ Zoning s8~ou1d be usecii ta identifiy
pertorrrn.ance stiancEards that allcaw Iancl Lises in defiinc-cE dastrie#s basecE on thar
ability tcs mit[gate potent[aI negative iriipacts can neighbcsrinq propeities. P.
reexamination af #Iie use of zonirsg as a plannRng t¢DoI sha<AId be condlActed to
re€leck comr~iunity values sLucceSsfully-
• (Page 23) Based upcrn the additional resideoifial develcapment arsd the
existing Iand lise r~nix, the city will need #o acccrmnicadat~ appraxima#ely 3,000
Page 2 ef 4
Cin Council Staff Report Page 22 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
acres of inCllisfrial €ievelcrpmenk, 3200 aci-es of comrrierCial develcrrmlent, anc!
2;700 acres of instifutional cfeuelaprraent
• Accorriti7odatc- fLitLwre commerciaI LiSeS at key nodes throuqE7aut the cGtv. It is
recorilra7ene4ect that cammercial lJSes not be Iacated cont€nuously aIor€g
carridors in a `strip` manner.
General Criteria far amwovall i~35.3.4_C DDG) anafvsis_
A campllete applica#iaoi and fee shall be sLirmitteel.
Response: A cort'plete application & fee was submit°ted.
2_ Applicatioois riaV be appravc-d w11en the folllowing standards are mei:
a. The proposed rezaning confarrals to the Fu!fure ILand lJs.c- eI'ement of The Denton
Plan.
Respeanse: The propased NRMIJ-1c is consistent wi4h the exis#ing Iand use
designatifln {Existing Residential ! Infill Ceampatibolity}.
b. The praposed Specific lJse Permkf riieefs ihe criteria set farlh ir€ Subehapter sa, and
confarrns ta the Plirppse and iiiteoit of The Dc-nton Plan.
Response: NtA for zoning arnendment.
c. Thc- proposed rezaoiioig crr Specific Use f'errnit facilitates the adeqliate provisiooi of
tran~sportation, water, ~ewers; sc€iools, parks, afher ptihalic reqLi€rements asid plihlic
ct7Bl°deIl l'eIlce.
Respanse: ,4dequate provisicrns ferr public utili#ies anc# canveniences exist
(see analysis above and PAG09-0023 engineering carnments)..
See Exhibsf 4 far Prc~perty Descrip#ioci
See Exhibit 5 for ALithorizatiori
IPage 3 of 4
Cin Council Staff Report Page 23 of 41
i,a;,,,iia;aio Pni Case#: Z10-0007
In summaiy wE; k:rei€eve ihat ihe propc,sc-d zoning meets the goaIs of thr Deojtooj Pian aojd is
compatible- to tt~e adjacenk and sumraunding zoriing and Iand uses-
Thank youi for your cooisidel-ation 01) this makier aoici if yeau ha~vc- any qu,estiorss pIease do not
hesrtate to canta-ci me.
Sincerely -
Spi-ing Brook Pfann€ng Group
7CReeichhart, ~ ~v~rr~n ASLA: AIICP
Cc John Porter
Attacrsments:
Exhibit 1:
Location & Zoning map
Exhibit 2:
Topo P,1ap
Exhibit 3:
NR-3 - hl'FdMU- €2 Comparison
Exliibit 4:
Li-ztter of ALithorization
Cin• Council Staff Report Page 24 of 41
1 z4 'I'ii4'4 i`,Pni Case#• Z10-0007
Exhibit 7 Neighborhood Meeting Summaries
1. The first of four neighborhood meetings was held Monday, April 121, 2010 at 6:45 PM at
the North Lakes Recreation Center.
Thirty-four (34) people were in attendance, not including the applicant's consultant, applicant,
ILatia Boylcin and Erica Maroluuc.
Larry Reichhart discussed the proposed rezone, possibility of tailoring an overlay district,
indicating coininercial at the hard corner of Glenwood Lane and University Drive (U.S. 380)
with clustered housing or towiiliomes adjacent to the Crescent Heights subdivision along the
site's northern property boundary.
Neighbors had concerns regarding height, type of housing proposed, type of commercial uses
proposed, preservation of trees, possibility of a wall separating the residential from the eYisting
neighborhood, size of office and professional uses (less than 5,000 or 10,000 sq. ft. drainage
from site south to University Drive (U.S. 380) into adjacent single-family neighborhood,
speculative zoning, forethought to limiting uses with an overlay, aggressiveness of proposal,
traffic into the neighborhood, lighting concerns, 24-hour type businesses, hours of operation and
difficulty getting onto Glenwood from Palinwood.
Neighbors suggested tailoring the rezone request with an overlay including appearance of office
uses as single-fai-nily buildings, limiting office sizes, prolubiting 214-hour type businesses,
lighting, driveway approaches on Glenwood and Uiuversity Drive (U.S. 380), rezoiung oiily a
portion north of the University Drive (U.S. 380) right-of-way up to Palinwood Place and then
leaving the reinainder as NR-3 and consideration of single-fainily hoines along northern property
line.
Three neighbors in attendance did state, "no matter what you put here, we are not going to be
haPPY.
ILatia Boylcin and Erica Maroluuc spoke with both Mr. Porters after the meeting concluded and
suggested they regroup with their consultant and reconsider their proposal. After doing so, they
should hold another meeting prior to proceeding to P&Z and Council.
2. The second neighborhood ineeting held Tuesday, July 13, 2010 at 6:45 PM at the North
Lakes Recreation Center.
Nineteen (19) people were in attendance, not including the applicant's consultant, applicant and
Erica Marohnic.
Larry Reicliliart discussed the proposed rezone, and provided attendees with an eYlubit showing
a 15-foot wide buffer along the site's northern property line and several restrictions regarding
architecture. There was an additional condition regarding priinary ineans of access on the
exhibit. A second exhibit page provided pictures of a nearby office parlc built by Mr. Porter and
the type of arclutectural treatments contemplated for the property.
Comments from the neighbors included the statement that the restrictive overlay was, "just
window dressing," quality of potential multifamily uses if allowed through SUP approval,
fencing type and location, 15-foot buffer and residential proYimity slope (RPS), access,
Cin Council Staff Report Page 2-5 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
compatibility of proposed uses and transition from the surroundin~ Crescent Hei~hts subdivision,
requests to limit the uses to office or low-density residential, requests to limit commercial
potential, limit retail to a specific distance to eYisting residential, questions of ownerslup in the
future, questions of who will develop the property, questions regarding development time frame
and questions regarding the site's topography and cutting into the hill.
3. The tlurd neighborhood meeting held Tuesday, October 12, 20 10 at 6:45 PM at the North
Lalces Recreation Center.
Approximately ten (10) people were in attendance, not including the applicant's consultant,
applicant and Erica Maroluuc.
Larry Reichhart discussed the proposed rezone, and provided attendees with an exhibit showing
a 15-foot wide buffer along the site's northern property line, 100-foot wide restricted use area
where oiily single-family, professional service and offices may be constnicted and several
revised restrictions regarding arclutecture, maYimum height and fa~ade treatment. A second
exhibit page provided a coinparison of uses perinitted within the NR-3 district and those
perinitted in the NRMU-12 district.
Comments from the neighbors included the request to not allow Laundry Facilities witlun the
overlay district, clarification of the term "Single-family" (e.g. single-family attached, detached
and duplex), new masonry requirements for non-residential stnjctures, limiting building height
for all uses to one story, access to Glenwood, continuing the 100-foot wide restricted use area
where oiily single-family, professional service and offices may be constnicted along Glenwood,
questions on grading of the site and the need for a retaining wall along the northern property line,
questions regarding the square footage of potential hoines, questions posed to Mr. Porter
regarding lus intent to develop the property personally, consideration of retail oiily at the hard-
corner of Glenwood and Uiuversity, access variance questions on procedure and the
reclassification of Glenwood as a Residential Avenue Collector.
4. The fourth neighborhood meeting held Thursday, January 6, 2011 at 6:45 PM.
This meeting was held at Mr. Potter's office located at 1801 Hinkle Drive, Denton Texas. Eight
residents attended the meetin(,, as well as the applicant's consultant (Mr. Reichhart), and staff
(Nana Appiah). Mr. Reicliliart opened the meeting and eYplained to those present that the
purpose of the meeting was to discuss the applicant's proposed overlay restrictions and solicit
new ideas from the community. Mr. Reichhart also inform those at the meetintly that the main
purpose of the meetin~ is to adhere to the recommendation by City Council for the applicant to
work with the commuiuty to find a consensus on how the subject property can be developed
wlule protecting the adj acent residential homes.
The applicant (Mr. Potter), and Mr. Reichhart discussed all the new changes with the
commuiuty. They also received recommendations of new changes from the commuiuty.
Those community members at the meeting were satisfied with the changes agreed upon and as
was stated by one of the participants' "these new changes are a coinproinise. We have to ineet
each other halfway and we believe Mr. Potter has done so".
Cin Council Staff Report Page 26 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Exhibit 8 Responses to Notification
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Legentl Zl 0-00073 V
0' ~N~~~~ra~ 1411 E Uniwersity Avenue
CpP -d -m - 0 Ft Nt B,indw«
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1~3 F - eAO Ft Nt a -na.« 400 20(7 0 4574 Feet
- C_enterli:ne
Public Norificarion Date: 8/27/10
200' Legal Notices sent: 31
500' Courtesy Notices sent: 99
Number of responses to 200' Legal Notice:
In Opposition: 7
In FaN or: 3
NeutraL 6
Opposition is 2.81 acres or 18.08°%
Cin Council Staff Report Page 27 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
I V T
NOTICE OF F11BLIC HEARING
zIO.vcro7
The Plann]ng and Zaning Gommission of the City of DenEon will ho!d a pubfic hearing on September 8,
2010 and consider making a recommenriation to City Cauncll, regarding a rezqning irom a
Neighbarhood Residential 3(NR-3) zonittg district to a fJe`sghborhoad Resirlential Mixed Use 12
(NRMU-12) zoning cfistrict with a restrictive averlay vn approximately 6.836 acres. The property is
lacated aE the nvrtheasf corner of Glsnwood Lane and East Uriiversity Drive (U.S. 380), situated wiEhin
the J.Q. Lilly Survey, Abstract No. 762, benton, Texas,
The public hearing will skart at 6:30 p.m. in the City Councii Chambers of City Hail iacaied at 21,5 E.
McKinney Streef, Denfon, Texas, 8ecause yotr awn praperfy within two hundrect (200) feet of the
subjecE prapQrfy, the Pfannirrg and ZQriing Cammissian wvuld like to hear haw you feel about fhls
requesf and invites yQU to a~tend the pubfic hearing. Pfease, in order for your apinion ta be taken into
accaunt, return this forrn with your corrGments prior lo the cfate of #he public 17oaring. (This in no way
prohilaits you frvm attending anci partlclpatirrg itt flaa public hsarirrg.) You may iax ik #o the number
located ai the bottorn or mail it tQ the address belaw or drop it aff in-person:
Planning and I]evelopment Qepartmen#
Attn: Erica Marohnic, Prflject Manager
221 N. Elm ST
Denton, Texas 76241
These fvrrns are used to aalculate the percentage o€ 1andowners that supporE and oppose the
request. The Cammissian is informed of the percent of responses in supparl arrd in opposifian.
Please clrcle one;
In favor of request hfeutral to request ppposed to request ~
Reasans for C}ppositicsn:
Signature:
Printed Name:
MaifingAddress: fillt) &0_MW4r2,ENqA-lrt,TX'l102(}9
City, State Zip: 'i7P ~
TeCepttaneNumber: ~ ts-v (~N D~ 3qU"aS°f0,,
Physical Address of Property wikhin 200 feet; ~L 7W- 1eAV,2.~ y) r t`~ `~~,~'p~
C17Y OF L?FNTON, TEXAS ciTV riAtL wEST - aENfiON. YEwAs 76201 - 940.349.$541 - (F) 940.349.7707
>('o Ps7 Nolrce
- ~
Cin Council Staff Report Page 28 of 41
i,a;,,,iia;aio Pni Case#: Z10-0007
September 6, 2010
planning and Zflnitig Commission of the City of berrton
R[: Z10-0007, Rezoning of 1411 E. llniversity Asrenue
TC! WHQM IT tv1AYCQNCERN:
Our home is lacated at 1410 Greenwoact Drive wiihin 200 feet of the prvpased properEy xfln[ng change.
We are apposed to the rezoning of the praperty at 1411 E. UniversSty Avenue. We have Ilved at #his
praperty far 2 J: years and are raising aur 7 year old daughter. We do not want the proper#ydesreloped
for busipiess for the #cslltrwing reasons:
1. The beau#y of tfte nelghborhaad wlfl be dirninished with 1-2 story buslness bui{dings
constructed. Tlie greeri space driuing up University Rvenue ts needecl tn attract homebuyers ta
the neighborhaod. Cine of the rnain reasons we purckaased aur h4me is the beau#y of being ab[e
to see green, natural space surrounding the praperty. Being able #a live in the city and
experience trees anci green space araund aur hame and zhroughouc aur neighborhaod provides
a posltive influence on our graraving daughter. Too many chlldren are deprived of rraiure in our
busy lives and having easy access ta seeing and enjnying nature is essential for their grbwing
minds and badies. We have no doubt constructing fence lines and buildings within 15 feet of our
back yard wiEl repiace this v9ew wEth something comparable ta the rear end a# a shoppittg
center.
2. We were surpr[sed to learn that tlie current property owner raised his childrert in this
neighborhood and was ahle to enjoy all of the green space and trees thraughout their time
Eivinghere. HQwever, he is naw willing #o d€minish the Qpportunity we have and future #amilies
have to experienee ihe sarne privacy, safety ajid beauty,
3. The awner has often referred us ta some office bui[dEngs he has built on Hinkle Raad as an
example of what will be pEaced here 4n this property. Admikkediy, these are attract3ve of#lce
buildirrgs whicft do rtot clasft wl#}i the nelghksoring areas, However, he has giveEl us rrn guarantee
tlaak he wifl retain the property once at is rezoned. He cauld seli it piecemeal, and the
subsequent owners woufd be under no compuls6nn to fallow the style of his crffice buildings.
4. If the praperky is rQZaned, then the hill will be #aken out and gracied. Presumably there will be a
ten to f`rfteen faot retaining wall built, which wi{I have huge pressures plaeed an it by #he weight
of all the dirt and rack in our nefghborhaad's soil, `thls could destabilize the houses next to arry
proposed deuefopment. We also have a paal, whfch c4uld easily crack and leak water if this
were to happen.
5. Property values. [7enton property values have begun #o ffafl, wfiich threatens ta hrong on the
"underwaier" phen4menon, where the owner awes more on the h4use than it is worth on the
market. Futting a series of buslnesses on that properiy, next dcaor tn our neighborh4od, can only
warsen this siYua#ion.
Cin Council Staff Report Page 29 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
fi. The noise - 7he increasecl traffic into what coLaid become a business area will raise the already
cansiderabEe rto€se level and become a nuisance. Garhage trucks artci other utiEity vehicles wlfl
cdme and go at odr3 h4urs Qf the day and nighk, interrupting our peace, and our sleep.
7. The smell - Businesses rrrost aften place their garbage bins behind #hetr buildings, wMich would
then he very ckose to Qur homes. The smell of garbage would ruin aur enjayment o€ our
backyards, and diseourage us frvm apening Qur windows during pleasant weathero
8. 7he Increased heat - paving this large expanse of land can onEy increase the heat iE would retain
during hat weather, witich would make our back yards ever hvtter during the summer.
We respectfullX request tlte Planning ancf Zoning Gommissiori af the City of E3enton deny the request to
rezone tkte property at 1411 E. UniversikyAvenuea
Respec##UIly sLabmitted,
~
Tioe Verges Famiiy,
ti
Roy Verges, Beth Bates-Werges and 5ofia
~
141{} Greenwnod Driwe
~
[7enton, Texas 76209
~
2
Cin Council Staff Report
i,a;,,iia;aio Pni Case#: Z10-0007
Page 30 of 41
N+QTTCE OF P'UBLIC HEARING
z1o-a0o7
The Planning an+d Zcfning GommissiQn o€ ihe City of C}enton wilf hold a public hearing on September a,
2010 and consider making a reccammendakion to City Council, regarc[ing a rezonirrg from a
Neighborhood f2esic#ential 3(iVF;-3) zoning district fa a Neighborhood Residenfial Mixed Use 12
(NRMU-12) zaning distrlct with a restrictive overlay an approximately 6.836 acres. The property is
Iocatecl ak the noriheasfi corner o# Glenwaod Lane and East University Drive (U.S. 380), situaked within
fhe J.Q. Lilly Suraoy, Abstrac# Na. 762, C3enton, Texas.
The publie hearing udilf start at 6:30 p.m, in the City Council GMambers of Gity Half Icacated at 215 E.
MeKinney Street, f?enton, Texas. Because yau own properfy wifhin two hundred (200) feet of the
subjecf properfy, Ptae Planning and Zonfng Corrirrrissfon would like #o hean cow yacr foel abvuf fhis
rcquest ancl invites yau to attend the publlc hearitrg. Please, ln rsrder for your op3nian to be taken intca
accaun#, return tliis form with your comrnents priar to the dafe of the pub4ic hearing. (This irt no way
prvhibffs yau fram atfencfing and ,varticlpating fn the pubtic hearing.) You may fax if kQ the number
located at the baltam or mail it to the address below or drop it a€f in-person:
Planning and DeveCvprnent Department
Atfin: Erica Marvhnic, Project Manager
221 N. Elm Sfi
Denton, Texas 76201
These forms are used to calculate the percentage of landowners that suppart and appase the
request. TMe Cornmission is 9nfarmed oF #he pcrcent of responses in suppork and in oppQSition.
Please circle nne: _
fn favor of request t~eukral to requesk Copposed to r~~uest ~
L _ . ~
Reasons for Oppositlan:
-0
~ V~
Printed
Pv~ .
ailing Address:
Zi;~"r~°~ lf S
Y, p~~ )Q, t
Telsphone Number. -7T~U -
M-4:7-7
Physical Address nf Praperty wifhin 200 feek: d~-
t.
CiTY C7F [?ENTO►V, TEXAS ci7Y HaLL wEST - nEraTcara, TEXAs 76201 = a40.349.$541 (F) 940.349.7707
09-0- i fj ! f; 7 f ;1CVIi
FSZ Notict
Cin Council Staff Report Page 31 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Nv-rrc~ OF PuBLrc HEaRrNG
ZI 0-o007
The Plarsning and Zaning Cc,mmissiQn of the City of Denton will hold a public hearing on September 8,
2010 and ctinsider makirtg a reenmmenclativn ta City Councif, regarding arezaning from a
Neighbarhood Residential 3(NR-3) zoning district to a Neighbarhnad Residentiaf Mixed Use 12
(NRMU-12) zoning ciistricf with a restrictiva caverlay on approximateiy 6.836 acres, Ths property is
lacated at the northeast corner of Glenwaod Lane and East tJniversiiy Drive (fJ.S. 380), situafed within
the J.Q. Lilly Survey, Abstract Na. 762, Denton, Texas.
The public hearing will stark aE 6;30 p.rn, irr the Gi#y Council Chambers of Giky Nall located at 215 E,
NlcKfnney Streek, Denian, Taxas, Becacise yau own property wifhin twro hundred (200) feet of the
subject praperCy, the Planning and Zaning Gommissr"on watild lidie to haar how yau faet abouf fihis
raqcies# and invites ynu to aftend fhe public hearr'ng. Ploase, in order far yaur opinion fa be taken into
account, return this form with your comments priar tcs the daie of the public hearing. (This in no way
prohitaits yau from aftending and participafing in the pubilc hearing.) Yau may fax it to the number
lacated at ths bottam ar mail it fa the address below or drap i# v€f in-person;
Planning and aevelopment pepartment
Attn: Erica Marohnic, ProJect Manager
22'[ N. Elm ST
Denkan, T'exas 76201
These forms are used ta calculate the percentage of fandowners that suppart and oppose #he
request. The Gornmissian is inforrned of the percent of respanses in suppast and in Qpposi#ian.
Please elrcle one:
In favor of request Neutral to requcst ~?ppcased to request
~
Reasons fvr Opposition:
•r
Uv
~
Signature: Y ~ . -
F'rinted Name: ~y~ A
Mailing Address: t;2_~1` I-~/4 i.naC's ~v~
Gity, State 2ip: D R 1. t- 'Qs Tk, 15'x pV 4le 3
Telephane Nurnber:
Physica3 Address of Praperty wi#hin 200fest. /.Jd.%~ ~IZaOnIu>~~jn, of;
CfTY OF dENTON, TEXAS cIrv Ha,LL wEsr - oEraroN, TExxAs 76201 - 940349.$541 •(F) 944349.7707
700' PAf rti490GB
Cin Council Staff Report Page 32 of 41
i,a;,,iia;aioPni Case#: Z10-0007
5ep 06 10 09:23p Jeif NlcCarmick 940-566=9063 0.1
{
~
~ . , . . r,.-~. ; ~ . .
i
! ~~BLIC HEAR.8+NG
t~ ZIO-0007
The P6annirtg and Zoning Gqmrnissian af the Gity of [3enton will hnfd a public hearing on SepEember 8,
2010 and ccansfcfer rnaking a recommendatican to Gity Cowncil, regardang a rezoning frflrtt a
Nafghborhaoci Fwesfdentiaf 3(MR-3) z4ning dletrict fa a Neighbarhood Ftesidential Mixed tlse 12
(NRMU-12) zorting disfrict uwith a restric[ive averlay ort apprcaximate4y 6.536 acres. The presperfy Is
lacated ai the northeast corner ofi Glsnwcsod Lana and Esst University Drlve (U.S. 380), sltuatad vwithin
the ,l.4. Liliy Sunrey, Abstraei Nv. 762, Denton, Texas.
The publrc hearing wilt start at 6T30 p.m. in the Gity Councff Chambers af City tiall iacated ak 215 E.
McKinney Street. Denton, Texas. Because yau vwn prnporty withr`ra #wo hvndred (200) feei of the
subjecf prqperfy, the P1arrning ana' 2oraing Commiss8on varautd like to he$r haw ypu tesl aboclt this
recluesf and invr"tes yau fo a[tend the pcrbllc hearing. Please, [n order for your capinion ta be Eaken into
accaunt, return this form with your comments prior xa the date af the public hearing. (Thfs in no way
protrtbfts you fram atFendr`ng and partiCipating !rr the publfa heatirag.) You may tax it iD the number
inca4ed at the hottom or mai( it fo the address below or drep it Qff in-perscan:
Flartning and t7evelopment Department
Attn: Erica Marohnla. Projest Allanager
221 N. Elitt ST
Rentort, Texas 76201
These forms aee used to calculake the percentage Csf iancfotivner^s ttsat suppart anrl oppose the
nequest. The Ccxnmissiun is in€carmecE ot the percent o# resprsnses tn suppart and in flppasitian.
In favor of request
Reasc►ns for Dppbsitiqp:
~.u~ i1-'~ t~-
t~(l.
Ple,ase circle one:
to request
Neutr31 tn reyuest ~?ppcssed
Mu ~n~ilv and hom~, , cas~ hc~rne~
Signafure: vx40T-
rr t
City, Pr(ntsd Name• e , ' ~
Mailing Address: f7C~
State 7.iP: -'°1_114.. "1L4~001
Telephone Number: * 2nj,n - 14 $ ~lo
Physical Address of Properky wi#h6n 200 #eet:
(~iffY OF DENT(?N, TFM4S GC'fY FWLL YitEST •DENT€)N, TFXAS 78201 • 940_349.8541 •(F) E?40.349.3707
Cin Council Staff Report Page 33 of 41
i,a;,,,iia;aio Pni Case#: Z10-0007
, ~
f NOTICE OF PUBLZC HEARING
~
Z'[O-QOU7
The Pfanning anc+ Zoning Cammissfon o1 the Cfty af Denton vvili hold a publio hearing an Septerrtber 8„
2010 arid consider maklng a recommenda#ion to City Gouncil, regarding a rezoning frorn a
Neighborhorad Residentia! 3(NR-3) zoning district to aNeighborhood Residen#ial Mixed Usa 12
(IVRMU-12) zorting dlstricl vrith a restrictive averlay on approximateMy 6.836 acres. The property is
located at the northeast cflrner es# Glenwood Lane and East Universify Drive (U.S. 380), situaied withln
the J.Q. Lilly Survey, Abs#ract No. 762, Denton, Texas.
Tha public hearing wiPl starf at 6:30 p.m. in the City Cauncil Chambers of City Hall facated at 215 E.
McKinney Strse#, Dentnn, 7exas. 8ecause you vwn praperty within lwo hundred (200) feat af the
subject properiy, the Pfanning and Zorrlng Cammissivn would fike fa hear how you feei about fhis
request and invltes you to attend the public hearing. #'9ease, in order for your ppinfan ta be #aken inia
ac+coun#, return #his form wifh yaur carrtmenis pr[or fo the rlate of the public hearing. (Th6s in no way
prohtbits yvu #rnm atfendt'ng and par#icipaPing in the pu,blic hearing.) You may fax it to the number
located at the bottQm nr mail it to the address belcaw or drop it off in-persvn:
Planning and Development Department
Attn, Erlca Marohnic, Prolect Manager
221 N. E!m ST
Denton, Texas 76201
These farms are used to aalculate the percentage vf Iandowners that support and oppose the
request. •The Commissiocr is inforrrted of the percent of responses in supporf and in oppositi4n.
Please circle csne:
Neutra9 ta request
fn fevor of request
is for t)nnasitivn
a ~
~ ~~r~~.,~k* ~'_l// 1 ~7
~
4
Physicaf Address of Prope~ri ~nny 'thin 200 feet:
C17'Y QF DEAi7'ON, TFXAS crTY xALL wesT iDENroN, zExns 7e201 ~ 94U4e_8541 ,{F}sa0.3as.rap7
• 0, ~?-i7`~-1+l 11. •f,' ii(:1!i>
200 t'Sl NQtiCe
Copposed to request
'/,y'
h
Cin Council Staff Report Page 34 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
~OT~~~ PUBLzC HEAR_NG
Zi 0_0o07
The Planning and Zonang Cvmmission afi the City af berrton will hold a public hearing on September
2010 and consicfec making a recammendafion to Ci#y Gauncil, regarding a rezoning fram a
Neighbnrhood Ftesidentia( 3(NR-3) zoning disirict #o a Neighborhoad Residcntial Mixed Lise 12
(NRMU-32) zaning district with a restrictive overlay Qn approximafiely 6.836 acres. "The praperfy is
Ivcated 'af the norkheas# corner of GEenwofld Lane and East Uniuersi#y Drive (U.S. 380), situated withira
#he J.Q. Lillp Survey, Absfract hlo. 752, DenYan, 7`exas.
The public hearing will start at 6:30 p.m, in the City Council Chambers of Cify Hall locafed at 215 E.
McKlnney Street, Denkort, Texas. Because you awrr praperfy wr`lhln Cwo huncired (200) feef of the
subject prQperty, the Planning and Zotring Commis5ion would it#ce to hear how you feel about this
requesC and Fnvlfes yau to attend the pubtic hearing. Please, in arder far your opinion to be taken into
account, return this fflrm with your comrnents prior to the date Qf the public hearing. (This in r7o way
prohlbl#s yvu from aftending anci parficr'pafing !ra the public hearing.) You may fax it to ihe number
loca#ed at fhe batfom or mail i# t4 fhe address bel4w or drop it off in-person:
Planning ancf Develapment Departrnen#
Attn: Erica Marahr[ia, Prtaject Manager
229 N. EIm ST
Dentran, Texas 76201
These #c►rms are usecE to calculate fhe per+c+entage of landowners that support and oppose the
request. The Cammission is informed of the percent af respanses in support and in oppnsiiion.
Pfease circle one:
In Fauar of request Neu#ral to request OPposed t4 request
Reasons for Qppasition: ~
t /
t ~
d ~ '7,• ~`~2.~~ , 5 `y,
~
{~:F'"7~`"~ tf✓,'~"-t~~$i,¢!1 % ~C.~I r d~1~ _
V
Signafure:
PI"11`It@d Na171G.
Maifing Address: ~ ~R~a e~,,~,
City, Siate Zip: W),:3
Telephone Number; `C"f4 _ /
Physical Adriress of Properly wi#hin 200 feet:
C1TY OF DENTQ1V, TEXAS CITY NALL WEST •(]ENTGN, TEX.4S 76201 - 940349.8541 •(F) 940.340.774]
09_i'7_'1E1 1 i ~ 1) ik[',Vt)
?0:1YP3°Z tdcti'er.
Cin Council Staff Report Page 3-5 of 41
i,a;,,,iia;aio Pni Case#: Z10-0007
NO`x`ICE QF PUBLIC HEARING
zIo.a0o7
7he f'fanning and Zoning Corrsmission of the City of Dcntcan wi[I hold a public hearing on September 8,
2010 and conslder mafting a recommendalion fio City Gauncil, regarding a rezoning frvm a
Neighborhorrd Residential 3(NR-3) zarting district to a Neighbarhood Resicfential Mixed Use 12
(NRtwtiU-12) zoning c4istrict with a restricfive overlay on approximafely 6.836 acres, The property is
IcaGated a# the norkheast corner of Glenwoad Lane and East University Drive (U.S. 38[3}, situated wifhin
ihe J.Q. Liliy 5urvey, Abstcact No. 762, Denfon, Tsxas.
The public hearing wiii start at 6:30 p.rn. in ihe City Councal Ghamhers vf Ci#y Halt iocated ai 215 E.
McKinney S#reet, Denton, Texas. Because yau awn properfy wlthin fwv huradred (200) feef of the
subject prQperfy, the Planning and Zoning CamEnission woufd like tv hear 17otv you feel ab4tat this
reqciest and invi#es you to attend the public hearing. PEease, in order for yaur apinion to be taken inko
account, return this form witli yaur commenfis prior to the date caf ihe public Ilearing. (This In no way
prohibits yau fram atfertding ancf participating in ihe ptebt3c hoaring.) You rnay fax it to the number
iocatQCi aE the battom or mail it to the address belaw or drop it oFf 'sn-persan:
Planning and Development Uepartment
At#n: Erica Marahnic, Pra]ect Manager
221 N. Elm ST
Qentort, Texas 76201
These forms are used to calculate the percentage af landowners tha# supporf and appose the
request. The Camnrrission is infarmed of the percent of responses in suppart and in cappositiesn.
In favor of request
Reasons far Oppasitian:
l kS ~~~ar~~ ~ ~ 4rtlS
Please circle one.
. .
Neutral to reqUes1 &pased to re ues# U,"
CtAi5C.AkCTA,~,a e VNr,1,C,
t
MatO i S kU,-r1}4
fl r ts~~',cx . --PLC e #
signature:
Prin[ed Name: ~
Mailinc~ Addrsss: 13 4t3 t.j 06 C[ty, State Zip: , 'bzaknk y-V'*C '7 fa 21,, `I
Telephone Number: a.i 4 -`Io 4 - dCS I(~
Physical Address of Properiy wi#hin 200 feet: UL-.s .
C1T'Y OF DENTQIV, TElCA3 carv HnLL wEsT ; oEN°rQN, TE:cAs 7e201 • 940349.8641 - (F) 940.a493707
t) si - J "1-1 L, i :k : Uy 1f {-,,r l~
200'P,Iz ns. €trF
J
Cin Council Staff Report Page 36 of 41
i,a;,,,iia;aio Pni Case#: Z10-0007
Exhibit 9 Site Photos
Cin Council St1ff Report Page 37 of 41
1 ,a ,,u i 4 .a 1 Pni Case#: Z10-0007
Cin Council Staff Report Page 38 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Exhibit 10 October 20, 2010 P&Z Meeting Minutes
A. Hold a uublic heariniz and consider malciniz a recommendation to the Citv Council reizardiniz
a rezoiuniz from a Neitzhborhood Residential 3(NR-3 ) zoiuniz district to a Neitzhborhood
Residential Mixed Use 12 (NRMU-12) zonin,, district with a restrictive overlav on
aaaroxiinatelv 6.836 acres. The aroaertv is located at the northeast corner of Glenwood
Lane and U.S. Hi~-,hwav 380 (East Universitv Drive). (Z10-0007. 1411 East Universitv
Drive. Erica Maroluuc) On October 6. 21010. tlus item was continued to a date certain of
October ?0. 21010.
Marohnic presented this itein. The request is to rezone approxiinately 6.836 acres at the
northeast corner of Glenwood Lane and U.S. Highway 380 froin Neighborhood Residential 3
(NR-3 ) to Neighborhood Residential MiYed Use 12 (NRMCJ-12) with a restrictive overlay.
Surroundint', uses include residential and commercial. The restrictive overlay is proposint', all
allowable uses with the exception of laundry facilities, a 6 foot tall wrought iron fence, a 15 foot
buffer with oiily trees and a 150 foot limited build zone. The limited build zone would be
restricted to oiily professional and office uses, the buffer would be limited to Type C buffer from
the Criteria Manual and the fencing and buffer could be internjpted for ingress/egress.
Additional architectural restrictions and limitations were defined in the backup material.
The property is currently developed with one single-fai-nily house. There were 31 certified
notices mailed to property owners within 200 feet of the subject site. There were 16 responses
received in opposition, 3 of those were outside of the 200 foot radius, but within the 500 foot
radius and there was one duplicate. There is a 31.33% area of opposition so a supermajority vote
of City Council would be required to rezone tlus area. The Development Review Committee
recommends approval of this request.
Lyke questioned the total acreage of the limited build area. The applicant, Jolui Porter,
responded from the audience, that it would be approYimately 3 acres with the restriction area.
Bentley stated that the buffer is limited to professional offices, but requested clarification if retail
was completely out and if community services would be allowed. Marohnic responded that
retail is completely out and if those commuiuty services are allowed in the NRMU 12 zoiung
district those would be allowed as well. Bentley requested further clarification if bars and clubs
would be prohibited. Marohnic confirmed this.
The applicant was present to spealc.
John Porter
1111 Emerson Lane
Porter stated that he purchased the property as an investment opportuiuty. Porter presented
photographs to the Coininission of another developinent of professional offices that he
completed behind the Chase Bank Building on U.S. Highway 380 and noted the architectural
features, roof pitch and the residential neighborhood that is located to the north of it.
Bentley questioned the applicant why he was pursing re-zoning the entire property and not
soinething less intense. Porter responded that the NRMCJ-12 would allow the inost flexibility.
Bentley also questioned the ratio of businesses to residences, site design and if any tenants were
already plaiuied. Porter responded that several neighborhood meetings have talcen place, but a
ratio, site design and tenants have not been deterinined at this tiine. Porter stated that he has
Cin Council Staff Report Page 39 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
spolcen with a dentist and pediatrician, however, without having the zoning approved to allow for
those uses it is difficult to begin that stage of the project.
Ryan questioned if the applicant would be olcay with a Specific Use Permit (SUP) requirement
for certain uses. Larry Reichhart, Springbrook Planning Group, developer for the applicant,
stated that an SUP is already required.
Porter stated that the overlay limits the development to one-story to keep it harmoiuous with the
neighborhood. Lylce questioned where the road would be located. Reichhart stated that the
Denton Development Code (DDC) does not allow for access off of Highway 380 without a
variatice. Reicliliart continued that there is a current median brealc on Highway 380 and it is the
intention of the applicant to pursue a curb cut off of Highway 380 as the variatice was too
difficult to tie to the zonin,,. For the current application purpose access will be derived from
Gleenwood. Lyke questioned the location of an internal road. Reichhart stated it would loop
through the property.
Reichhart noted that there have been several concerns from the adjoining neighborhood
includin~ bufferin~, transition of uses, quality, architecture, li~htin~, buildin~ hei~ht and access.
Reicliliart stated that he and the applicant feel that the overlay district addresses the majority of
those concerns.
Lyke questioned the topography and if there were plans to grade the hill on the subject site.
Reicliliart stated the intention is to worlc witlun the eYisting topography. Bentley requested
clarification on the limit to one-story and questioned what would prevent a tall commercial boY,
like CVS. Reichhart stated that the square footage is limited to 5,000 square feet, a lot smaller
than a CVS and that he and his applicant are not opposed to a height limit should one be included
as a restriction. Reicliliart continued that the arclutectural requirements would not allow a split
face retail boY.
Cunnin~ham questioned if it is the applicants intent to put in for the record the elevations of the
applicants other project to demonstrate aesthetics and roof pitch. Reicliliart stated that the
photographs are an accurate representation of style and roof pitch, however, the proposed
aesthetic detail and layout will be different.
Thomas opened the public hearing.
Spoke in opposition of the request:
Tim Fisher, 1603 Greenwood Drive
Roy Verges, 1410 Greenwood Drive
Louise C. Broolcs, 1510 Greenwood Drive
Provided cards in opposition, but did not wish to spealc:
Beth Bates-Verges, 1410 Greenwood Drive
Doris Roush, 1518 Greenwood Drive
ILay Copeland, 1709 Laurelwood Drive
Patsy James, 1511 Greenwood Drive
One card was provided by Larry Reichhart, 2405 Mustang Drive, in favor of the request.
Reicliliart provided lus comments during the presentation of tlus request.
Cin Council Staff Report Page 40 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Reicliliart responded in rebuttal for the applicant. Reicliliart addressed the concerns noted by the
spealcing opposition stating that one complaint was that tlus was speculative zoiung. Reicliliart
stated that until the property is zoned no one is going to put inoney forward to invest in creating
a site plan. The issue that sin~le-funily townhomes may not be compatible Reichhart disa~rees
with stating they would provide agood transition from commercial to residential uses citing an
eYample on Poinsettia and Sherman Drive. Reicliliart stated that tlus (NRMCJ-122) is the latest
zoiung category added by the City. There is some retail and some office uses and tlus proposed
development would blend with other businesses along Highway 380. Other issues addressed
including the garbage issue and no restaurants are allowed with this overlay, so the sinell froin
garbage should not be an issue and the lack of green space witlun the development.
There were additional discussions and clarifications with the Commission. One more person
caine forward to spealc in opposition: ILay Copeland, 1709 Laurelwood Drive.
Thomas closed the public hearing.
Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this
zoiung request. On roll call vote:
On roll call vote: Coininissioner Ryan "aye", Coininissioner Thoinas "aye", Chairinan Reece
"aye", Commissioner Bentley "nay", and Commissioner Lyke "nay". Motion carried. (3-2).
Cin Council Staff Report Page 41 of 41
i,a;,,iia;aio Pni Case#: Z10-0007
Sep 06 10 09:29p Jet= McCormiok
NOTICE OF PUBLIC
Z10-0007
94E1-~-G,6 90.353 p,1
HEARING
The Fannlric and Zpning Commission of the City of Denton will hold a public nn_n rig on Sopt?mber 8,
2010 and consider reeking recfi-m,'nendati^n to City Council, regarding a rezo,, rg from a
Nslghhorhoa Resldential 3 (MR-3) 7enir3 district to a Neighborhood Reside 3tiu: h7 xc.J Use 12
(NRMU-12) zoning district with a restrictive overlay on appro)dmatniy 6.536 axes. The property Is
to :atert at the nnftheast corner of Glenwood Lane and East University Dove (U.S. 380), situated within
the J.Q. Lilly Sarvey, Abstract Na. 762, Denton, Texas.
The public hearing will start at 6:30 p.rr. In the City Council Chambers of City ball located at 215 E.
YcKin-my Street. Denton, Texas. Because You OWn property' vsathin two hundred (200) feet of the
suhlPCt property, the Plarrnrrrp and Zoning Commission would llke io hear how you feat about this
regoest and invites you to attend tho pubf c hearing. Please, in order for your opinion to be takers into
aCCCLInt, return this form wit;`, your comments prior to the date of the public hearing. (This in no way
prohibits you from attending and parffc{eating fn the oubf.'c hoaxing-) You may fax it to the number
o,cated at the bottom or mail it to the address bielow or dro;: 't off in-person:
Planning and Development Department
Attn: Erica Marohnic, Project Manager
221 N. Eire ST
Renton, Texas 76201
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the nerrent of responses in support and in opposition.
Please circle one:
In favor of request Neutral to request C?pposed to request
Reasons for Opposition
f"tlYitl~ ( MkA famk V t 61 omt,
Signature; " r1 t.,b~t+'-.,sJ•
Printed iNarrnc' G .pia. i
A+MIng address: ~ x~U 0'
city, State Zip: T 1t
TelephomA Mi-nber; 940- 44 o'C[a - 14
Physical Address of Property within 200 feet:
MY OF DENTM, TEXAS crrv HALL WEST • DENT€)N, TEXAS 76201 • 90.349.8541 • (F) 940.349.7717
P_' titles
City Council Staff Report Page 33 of 41
1^_4;'3011 4 : 34 : 16 PM Case#: Z10-0007
NOTICE PUBLIC HEARING
Z10-0007
The Planning and Zoning Comm'cs€nn of the City of Denton will hold a public hearing on September 8,
2010 arid consider making a ret;ornrnendation to City Council, regarding a rezuriing from a
Neighborhood Residential 3 (NR-3) zoning district to a Nel^orhood Residential tvl xcd Use 12
(NRMU-12) zon€:,r; cifstrlct with a resNclive overlay on approximately G.836 acres, Tile p[r )perty is
located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), s t.jated within
the J.Q. Lilly Surrey, Abstract No. 762, Denton, Texas.
The public hearing will start at 6:30 p.m. in the City Council CharrilDuis o° City Hall located at 215 E.
McKinney Street, Denton, Texas. Boca!rso you own property within two hundred (200) feet of the
subject property, the Planning and Zcnin Commission would like to hear how you feel about this
request and invites you to attend the public hearing. Please, in order for your opinlon to be taken into
account, return this form with your comments prior to the date of the public hearing, (This in no way
prohibits you from attending and participating in the public hearing.) You may fax it to th0, nGrnbor
located at the bottom or mail it to the address below or drop it off in-person:.
Planning and Development Department
Attn: Erica Marohnic, Project Manager
221 N. Elm T
Denton, Texas 78201
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses In support and in opposition.
Please circle one:
In favor of request Neutral to request apposed to request
C17'Y'O DEAfTON, TEXAS CITY ItALLwEST . DENTON TEXAS 76201 - 94UQ 8641 , (F)94U4s.77o7
200 P&Z NoNle
0,9 0'1-10 13; `I Ih"C47
City Council Staff Report Page 34 of 41
r;^_43011 4 34 16 PM Case#: Z10-0007
E.3ignature; sr.
Printed Nam
Mailing Address:
City, State ;Zip:
Telephone Number: r'
Physical Address of °rcPerty with€n 200 feet: 17 /11 A'11
NOTICE OF PUBLIC HEARING
,ZIO-0007
The Planning and Zoning Commission of the City (,f Centon will hold a .mjhllc; hearing on SeMernher 8,
2010 a:id consider rna in:a a recommendation to City Council, regard;~ip a rezonira 'cor'n a
Neighbc- h,_-)ad Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12
(NR%1 -1?) zoning district with a restrictive overlay on approxlmately 6.833 acres. The property is
located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within
the J.Q. Lilly Survey, Abstract No. 762, Denton, Texas.
The nubile hearing will start at 6:30 p.m, n the City Council Chambers of City Hall located at 215 E,
W,'. ncv Street, Dento7, Toves, 5ecac,se you own property within two hundred (2cfo) feet of the
su%;,;; nr perty, the Plnonirai; and 7ot?in)g Commission would like to hear how you feel (=about this
regc,es! and invites you to Woad the pub!+c hearing. Please, in carder for your opinion t;;, be taken into
accowil, return this form with your comments prior to the date Qf the public hearing. (This in no way
prohL'..ks you from aftondrr;g anct pertirr'pat.rny in the pubiic hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it c-ff in-person:
Planning and Development Department
Attn: Erica Marohnic, Project Manager
229 N. Elm ST
Denton, Texas 76201
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is irfc- wed of the percent of responses it -suppt,)rt and in apposition.
Please circle one.
In favor of request Neutral to request Opposed to request
Reac;nns for opposition: - - -
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City, State Zip:
Telephone number; -xi
Physical Address of Property within 2M feet: 77 T
CITY OF DEI1tTQN, TEXAS CITY HALL WEST • DENTJN, TEXAS 76201 - 940349.8541 • (F) 940-340,7747
?00' P3°7 Nolior
09-C7-10 13:1 ei:4'D
City Council Staff Report Page 35 of 41
a;^_4;'3011 4 34 16 PM Case#: Z10-0007
NOTICE OF PUBLIC HEARING
Z'I 0-0007
The Planning and Zoning Commission of the City of Denton will held a public hearing on Septcii,r P.
n10 and consider making a -commendation to City Council, regarding a rezoning from a
Neicfhborhood Residential 3 (f €R- l zoning district to a [,,ef ,hborhood Residential Mixed Use 12
(NIRMU-12) zoning district %v th a restrictive overlay on apprc x mafcly 5.836 acres, The pio nerty is
Icc-ated at the northeast corner of C enwood !-ane and Eat Jnivc-rsitJ Chive (U.S. 380), situator within
the J.Q. Lilly Survey, Abstract No. 732, Denton, Texas.
The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKirney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
s01,ie,~! Fropertyr the Planning and Zoning Commission would like to hear how you feet about this
roques' a,id invites you to attend the public hearing. Please, in order for your opinion to betaken into
account, return this form with your coiir- en-s prior to the date of the public hearing. (This in no way
orobibits you from attending and participating in the public hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
Attn: Erica Marohnic, Project Manager
221 N. Elm ST
Denton, Texas 76201
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of respc: yes in support and in opposition.
Please circle one:
Siy,:iture: tz vtA 1 CzlAt
Dq[lte:' Name: i ; Y
Mailinc. Address: [ lD r ,
ity, State Zip: ~7t
Talephone Number: 021 -`1taLV- Q0 ((c
Physical Andress of Property within 200 feet:
CITY OF DENTON, TEXAS CITY HALL WEST * DE TON, TEXAS 76201 • 940:3 49d? .41 * (F) 940.3493747
09-07-10 t:z: i' 'fC,rf;
200'r',' :.a
City Council Staff Report Page 36 of 41
i;^_4;'3011 4 34 16 PM Case#: Z10-0007
Exhibit 9 Site Photos
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City Council Staff Report Page 37 of 41
1^_4;'3011 4 34 16 PM Case#: Z10-0007
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City Council Staff Report Page 38 of 41
1;^_4;'3011 4 34 16 PM Case#: Z10-0007
Exhibit 10 October 20, 2010 P&Z Meeting Minutes
A. Hold a public hearing and consider making a recommendation to the City Council regarding
a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood
Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on
approximately 6.836 acres. The property is located at the northeast corner of Glenwood
Lane and U.S. Highway 380 (East University Drive). (Z10-0007, 1411 East University
Drive, Erica Marohnic) On October 6, 2010, this item was continued to a date certain of
October 20, 2010.
Marohnic presented this item. The request is to rezone approximately 6.836 acres at the
northeast corner of Glenwood Lane and U.S. Highway 380 from Neighborhood Residential 3
(NR-3) to Neighborhood Residential Mixed Use 12 (NRMU-12) with a restrictive overlay.
Surrounding uses include residential and commercial. The restrictive overlay is proposing all
allowable uses with the exception of laundry facilities, a 6 foot tall wrought iron fence, a 15 foot
buffer with only trees and a 150 foot limited build zone. The limited build zone would be
restricted to only professional and office uses, the buffer would be limited to Type C buffer from
the Criteria Manual and the fencing and buffer could be interrupted for ingress/egress.
Additional architectural restrictions and limitations were defined in the backup material.
The property is currently developed with one single-family house. There were 31 certified
notices mailed to property owners within 200 feet of the subject site. There were 16 responses
received in opposition, 3 of those were outside of the 200 foot radius, but within the 500 foot
radius and there was one duplicate. There is a 31.33% area of opposition so a supermajority vote
of City Council would be required to rezone this area. The Development Review Committee
recommends approval of this request.
Lyke questioned the total acreage of the limited build area. The applicant, John Porter,
responded from the audience, that it would be approximately 3 acres with the restriction area.
Bentley stated that the buffer is limited to professional offices, but requested clarification if retail
was completely out and if community services would be allowed. Marohnic responded that
retail is completely out and if those community services are allowed in the NRMU 12 zoning
district those would be allowed as well. Bentley requested further clarification if bars and clubs
would be prohibited. Marohnic confirmed this.
The applicant was present to speak.
John Porter
1111 Emerson Lane
Porter stated that he purchased the property as an investment opportunity. Porter presented
photographs to the Commission of another development of professional offices that he
completed behind the Chase Bank Building on U.S. Highway 380 and noted the architectural
features, roof pitch and the residential neighborhood that is located to the north of it.
Bentley questioned the applicant why he was pursing re-zoning the entire property and not
something less intense. Porter responded that the NRMU-12 would allow the most flexibility.
Bentley also questioned the ratio of businesses to residences, site design and if any tenants were
already planned. Porter responded that several neighborhood meetings have taken place, but a
ratio, site design and tenants have not been determined at this time. Porter stated that he has
City Council Staff Report Page 39 of 41
i;^_4;'3011 4 34 16 PM Case#: Z10-0007
spoken with a dentist and pediatrician, however, without having the zoning approved to allow for
those uses it is difficult to begin that stage of the project.
Ryan questioned if the applicant would be okay with a Specific Use Permit (SUP) requirement
for certain uses. Larry Reichhart, Springbrook Planning Group, developer for the applicant,
stated that an SUP is already required.
Porter stated that the overlay limits the development to one-story to keep it harmonious with the
neighborhood. Lyke questioned where the road would be located. Reichhart stated that the
Denton Development Code (DDC) does not allow for access off of Highway 380 without a
variance. Reichhart continued that there is a current median break on Highway 380 and it is the
intention of the applicant to pursue a curb cut off of Highway 380 as the variance was too
difficult to tie to the zoning. For the current application purpose access will be derived from
Gleenwood. Lyke questioned the location of an internal road. Reichhart stated it would loop
through the property.
Reichhart noted that there have been several concerns from the adjoining neighborhood
including buffering, transition of uses, quality, architecture, lighting, building height and access.
Reichhart stated that he and the applicant feel that the overlay district addresses the majority of
those concerns.
Lyke questioned the topography and if there were plans to grade the hill on the subject site.
Reichhart stated the intention is to work within the existing topography. Bentley requested
clarification on the limit to one-story and questioned what would prevent a tall commercial box,
like CVS. Reichhart stated that the square footage is limited to 5,000 square feet, a lot smaller
than a CVS and that he and his applicant are not opposed to a height limit should one be included
as a restriction. Reichhart continued that the architectural requirements would not allow a split
face retail box.
Cunningham questioned if it is the applicants intent to put in for the record the elevations of the
applicants other project to demonstrate aesthetics and roof pitch. Reichhart stated that the
photographs are an accurate representation of style and roof pitch, however, the proposed
aesthetic detail and layout will be different.
Thomas opened the public hearing.
Spoke in opposition of the request:
Tim Fisher, 1603 Greenwood Drive
Roy Verges, 1410 Greenwood Drive
Louise C. Brooks, 1510 Greenwood Drive
Provided cards in opposition, but did not wish to speak:
Beth Bates-Verges, 1410 Greenwood Drive
Doris Roush, 1518 Greenwood Drive
Kay Copeland, 1709 Laurelwood Drive
Patsy James, 1511 Greenwood Drive
One card was provided by Larry Reichhart, 2405 Mustang Drive, in favor of the request.
Reichhart provided his comments during the presentation of this request.
City Council Staff Report Page 40 of 41
i;^_4;'3011 4 34 16 PM Case#: Z10-0007
Reichhart responded in rebuttal for the applicant. Reichhart addressed the concerns noted by the
speaking opposition stating that one complaint was that this was speculative zoning. Reichhart
stated that until the property is zoned no one is going to put money forward to invest in creating
a site plan. The issue that single-family townhomes may not be compatible Reichhart disagrees
with stating they would provide a good transition from commercial to residential uses citing an
example on Poinsettia and Sherman Drive. Reichhart stated that this (NRMU-12) is the latest
zoning category added by the City. There is some retail and some office uses and this proposed
development would blend with other businesses along Highway 380. Other issues addressed
including the garbage issue and no restaurants are allowed with this overlay, so the smell from
garbage should not be an issue and the lack of green space within the development.
There were additional discussions and clarifications with the Commission. One more person
came forward to speak in opposition: Kay Copeland, 1709 Laurelwood Drive.
Thomas closed the public hearing.
Commissioner Ryan motioned, Commissioner Reece seconded to recommend approval of this
zoning request. On roll call vote:
On roll call vote: Commissioner Ryan "aye", Commissioner Thomas "aye", Chairman Reece
"aye", Commissioner Bentley "nay", and Commissioner Lyke "nay". Motion carried. (3-2).
City Council Staff Report Page 41 of 41
i;^_4;'3011 4 34 16 PM Case#: Z10-0007
AGENDA INFORMATION SHEET
AGENDA DATE: Febnjary 1, 2011
DEPARTMENT: City Manager's Office
CM: George Cainpbell, City Manager
SUBJECT
Consider noininations/appointinents to the City's Boards and Coininissions.
BACKGROUND
Below is the list of Boards and Coininissions which require a noinination and the Council Meinber
responsible for the nomination:
Commuiutv Develoament Advisorv Committee - Council Meinber Watts
Historic Landinarlc Coininission - Robert Goinez has resigned. This is a noinination for Council Meinber
Watts.
Health and Buildin-, Standards Commission - One Alternate position for "All".
Human Services Advisorv Committee - Council Member Heggins, Council Member Gregory, Council
Meinber Watts and one "All" position.
Public Art Coininittee - Council Meinber ILing
Zoiuniz Board of Adiustment - One Alternate position for "All".
Traffic Safetv Coininission - Seven positions, one froin each Council Meinber.
Downtown Denton TaY liicrement Financiniz Reinvestment Zone Board - Seven positions appointed by
Council with specific qualifications (2 Council Members, 2 property owners or residents froin within the
zone, two ineinbers either business owners froin within the zone or Chainber of Coininerce Board
members, one member with no specific category but must be a qualified voter of Denton).
New applications that have been received by the City Secretary's Office plus an updated Preference Chart
were sent under separate cover.
If you require any further iiiformation, please let me laiow.
Respectfully submitted:
Jeiuufer Walters
City Secretary
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 1, 2011
DEPARTMENT: Planning and Development
ACM: Fred Greene
SUBJECT - Muiucipal AiuieYation Plan - Three-Year AiuieYation Plan
Hold the first of two public hearings to consider the involuntary aiuieYation and service plan for
approYimately 1,595 acres of land contained in three (3) areas located witlun the City of
Denton's Extraterritorial (ETJ) Jurisdiction, Division 1, in accordance with Texas Local
Government Code. The proposed annexation consists of three (3) distinct areas under multiple
ownerslups and of an approYimate total of 1,595 acres. The 3 areas are identified and generally
located as follows:
1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley Harbor
Subdivision and west of Soutlilalce Drive;
DH-9: 298 acres, located north of Poclcnis Page Road, north, south and northeast of
Edwards Road; and
3. DH-12: 1,154 acres, located south of E. Uiuversity Drive, east of N. Maylull Road, north
and south of Blagg Road, north and south of Mills Road, east and west of S. Triiuty
Road.
BACKGROUND
lii 2009, via several City Council worlc sessions, staff recommended the aiuieYation of eighteen
(18) areas totaling approxiinately 9,035 acres of land within the City of Denton's Extra
Territorial Jurisdiction (ETJ). Of the 18 areas identified, all but three (3) areas were exeinpted
from the 3-year aiuieYation plan requirement under Section 43.052 of the TeYas Local
Goveriunent Code (TY. LGC The fifteen (15) areas that were eYempted from the requirement
of the 3-year annexation plan were annexed on May 4, 2010, save and except all properties that
qualified for Non-Annexation Agreeinents (NAA) due to thein being appraised for ad valorein
taY purposes as land for agricultural use, tiinber land or wildlife management. Owners of these
qualified properties were offered, and most accepted a 5-Year NAA. These NAAs are governed
under Section 212.172 of the Tx. LGC.
On April 6, 2010, the Denton City Council adopted an AiuieYation Ordinance to iiutiate the
aiuieYation of the aforementioned 3 areas that are not eYempted from the 3-year aiuieYation plan
requireinent under Section 43.052 of the Tx. LGC.
On June 30, 2010, in accordance with TY.LGC 43.0521, staff sent Notice of liitent (NOI) to all
property owners, public/private entities, and railroad compaiues witlun the proposed aiuieYation
areas informing them of the City's intent to annex the areas. The NOI was also posted on the
City's website.
On 11/24/10, in accordance with Tx.LGC 43.053.g and Tx.LGC 43.056j, staff coinpleted an
Inventory of Services and Facilities (ISF). Subsequent to the completed ISF, staff posted the ISF
and a Service Plan for the proposed atuieYation areas on the City's website.
On 1/14/11, in accordance with Tx.LGC 43.0561.c, staff sent Notices to affected property
owners of the 1`t Public Hearin~.
ANNEYATION PROCEDURE UNDER TEYAS LOCAL GOVERNMENT CODE
TY.LGC §43.0521 establishes the standards by wluch muiucipalities must abide with regards to
annexation. The following is a description of the steps that must be followed during the
annexation procedure.
Acloption of crn Anne.xcrtion Plcrn:
Per TY.LGC §43.052, a home-nile muiucipality such as the City of Denton (the City) must adopt
an Annexation Plan. The Annexation Plan inust identify all areas proposed for annexation and
annexation of the area may not occur prior to the 3ic1 anniversary of the date the plan is adopted
or amended. Id at §43.052(c). The "three-year waiting period" is a misnomer, because the City
must begin notice, hearing and negotiation procedures almost immediately after placing an area
in the Annexation Plan.
The aiuieYation of the areas identified in the AiuieYation Plan must be completed before the 31"
day after the tlurd (3rd) aiuuversary of the date the area was included in the aiuieYation plan. If
the annexation is not coinpleted within the prescribed period, the City inay not annex the areas
proposed for annexation before the fifth (Stl') anniversary of the last day for coinpleting the
aiuieYation.
Written Notice and Internet Posting Reauirement:
Wi°itten Notice Reqaiireyilent:
Prior to the 90t1i day after the date the City adopts or ainends the Annexation Plan, the City shall
give written notice to (1) each property owner in the affected area, as indicated by the appraisal
records furiushed by the appraisal district for each county in wluch the affected area is located:
(2) each public entity, as defined by TY.LGC §43.053, or private entity that provides services in
the area proposed for annexation; and (3) each railroad company that serves the municipality and
is on the inunicipality's tax roll if the coinpany's right-of-way is in the area proposed for
aiuieYation. The notice shall state that the area has been included in or removed from the
muiucipality's aiuieYation plan.
A"public entity" includes a municipality, county, fire protection service provider, includin~ a
volunteer fire department, emergency medical services provider, including a volunteer
emergency medical services provider, or a special district, as that term is defined by TY.LGC
§43.052. Ic! nt Tx.LU(' §-13. 053(n).
The City must also provide the written notice to all school districts located in an area to be
aiuieYed witlun the period prescribed for publislung of the first public hearing. The notice must
Page - 2
include any financial impact on the district that may result from the aiuieYation and the city's
proposal to limit the effects of that financial impact. (Id at Tx1G(,§43.905)
Inter11et POStl11g Reqlfll°eyilent:
In addition to the above written notice requirement, since the City has an internet website, the
City is required to: (1) post and maintain the postint', of the Annexation Plan on the city's
liiternet website; post and maintain the posting of any amendments to include all areas in the
AiuieYation Plan until the date the areas are aiuieYed; and (3) post and maintain the posting of
any ainendinents to reinove any areas froin the Annexation Plan until the date the City inay again
include the area in the Annexation Plan.
Inventorv of Services and Facilities - Tx.LGC & 43.053:
PNepcrNe crn Inventory of,Ven,ices crncl Fcrcilities:
Per TY.LGC §43.053, the City of Denton must compile a comprehensive liiventory of Services
and Facilities (ISF) provided by public and private entities, directly or by contract, in each area
proposed for annexation, after adopting or amending the Annexation Plan. The ISF must include
all services and facilities the City is required to provide or maintain following the aiuieYation.
This ISF must be completed, and made available for public inspection, on or before the 60ti' day
after the date the City receives the required inforination froin service providers in the area. Icl. crt
Ti:.L(T(, §43.053(g).
To accomplish this taslc, the City is required to request, in the notice required under Tx.LGC §
43.05.(1), the infort-nation necessary to complete the inventory from all public and private
providers. Additionally, the public and private providers are required to provide the infort-nation
requested by the City witlun 90 days of receipt of the request; however, the service provider and
the City may agree to extend the period for providing the information. Should a provider fail to
provide the necessary infort-nation within the 90 day period, the City is not required to include
the infort-nation in the inventory. Id at Tx.LGC, §43.053(c). The City may moiutor the services
provided and verify the infort-nation provided. Id. at Tx.LGC, §43.053(h).
InfoNnurxion NequiNecl to be Ineluclecl in the Inventory of Sen,iees:
The information required in the ISF shall be based on the services and facilities provided durin~
the year preceding the date the City adopts the Annexation Plan or ainended the Annexation Plan
to include additional areas.
Per Tx.LGC 43.053(e), the infort-nation required to be provided by service providers, and
included in the ISF must include the type of service provided, the method of service delivery,
and the following iiiformation:
(e) For utility facilities, roads, drainage stnictures and other infrastnjcttire provided or
maintained by public or private entities, the inventory must include:
(1) an ent-lyineer's report that describes the physical condition of all infrastnicture
elements in the area; and
(2) a summary of capital, operational and maintenance expenditures for that
iiifrastnicture.
Page - 3
(f) For police, fire and emergency medical services provided by public or private entities, the
inventory must include:
(1) the average dispatch and delivery time;
(2) a schedule of equipinent including vehicles;
(3) a staffint-1, schedule that discloses the certification and trainint-1, levels of personnel;
and
(4) a summary of operating and capital expenditures. Tx.LGC § 43.053(c),(e) and (f).
Prenare a Service Plan:
TY.LGC § 43.056 sets forth the requirements relative to scheduling for the provision of
municipal services. The City must complete a Service Plan for the areas included in the
Annexation Plan before the first (1`t) day of the lOti' month after the month in which the ISF is
completed. Id at §43.056(a). Tx.LGC, §43.056(c) defines "full muiucipal services" as "services
provided by the aiuieYing muiucipality witlun its full-purpose boundaries, including water and
wastewater services and excludin~ ~as or electrical service."
Ininieclicrte Senrices:
The City is required to provide the following services on the effective date of the aiuieYation:
(1) police protection;
(2) fire protection;
(3) emergencymedical services;
(4) solid waste collection, eYCept as provided by subsection (o). Subsection (o) provides that
a muiucipality is not required to provide collection service to a person who continues to
use the collection services of a privately owned collection service;
(5) operation and maintenance of water and wastewater facilities in the aiuieYed area that are
not within the service area of another water or wastewater utility;
(6) operation and maintenance of roads and streets, including road and street lighting;
(7) operation and maintenance of parlcs; and
(8) operation and maintenance of any other publicly owned facility, buildin~ or service.
Level of Services:
The Service Plan may not provide for services in the aiuieYed area that would reduce the level of
fire, police and emer~ency medical services within the city. Icl. c~t Tx.LUC' 13.056(t)(3).
Second, the service plan must provide the area with a level of services comparable to or superior
to the level of services available in other parts of the City with land-uses and population densities
similar to those reasonably contemplated or proj ected in the area; however, if the area had a level
of services equal to the services provided within the corporate boundaries of the City the Service
Plan must maintain that same level of services. Finally, if the annexed area had a level of
services for maintaiiung the iiifrastnicture of the area superior to the level of services provided
witlun the City, the Service Plan must maintain the iiifrastnicture of the aiuieYed area at a level
Page - 4
of services that is equal or superior to the level of services previously enjoyed in the aiuieYed
area. Id at Tx.LGC, § 43.056(g).
Tiyiiing of Extentling Utalitaes:
Tx.LGC §43.056 does not require that the City provide a"uniform level of full municipal
services" to each area of the municipality if different characteristics of topography, land use and
population density constitute a sufficient basis for providing different levels of service. Id at
§43.056(1Ti). The analogous subsection in the prior law was the basis of a TeYas Attorney
General's Opinion, which stated that differences in the levels of services provided in annexed
areas and existing areas of the city must be based on differences in topography, land use, and
population density. Please see EYlubit 5.
It is apparent that a city is not required to extend its services to a newly annexed territory prior to
the extension of services to lilce areas within the City; however, to the extent that services in the
aiuieYed area are equal to or superior to those provided in the City boundaries (I(1 at §43.056(g))
applies and the City must maintain that level of services.
Lengtlz of Valitlitv of Service Pltcn:
A Service Plan is effective for ten (10) years. A person residing or owning land in an annexed
area in a muiucipality with a population of less than 1.6 million such as the City of Denton, ma~y
eiiforce the Service Plan by applying for ai~~~•it of 1T~ar~dalT~lrs no later than the second )
anniversary of the date the person knew or should have known the municipality was not
complyint', with the Service Plan. Upon application for a 1vr•it of nzaraclanziIs, the City has the
burden of proving the services have been provided in accordance with the Service Plan. Id. at
Ti:.LG(, §43.056(1).
Negotiutions for,'Yei-vices:
After conducting the public hearings required by Section 43.0561, the City and the property
owners of the area proposed for aiuieYation shall negotiate for the provision of services to the
area after aiuieYation or for the provision of services to the area in lieu of aiuieYation. For
purposes of these negotiations, the Commissioner's Court of Denton County shall select five (5)
representatives to ne~otiate with the City. Icl. c~t Tx.LUC' 13.0562(c~)(1) c~ (b).
ANbitrcrtion:
Per TY.LGC §43.0564, if the City and the representatives of the area proposed for aiuieYation
cannot reach an agreement for the provision of services, either party by majority decision of the
party's representatives inay request the appointinent of an arbitrator to resolve the service plan
issues in dispute. The request must be made in writing to the other party before the 60th day after
the date the service plan is completed. The muiucipality may not aiuieY the area during the
pendency of the arbitration proceeding or an appeal from the arbitrator's decision.
If the parties caiuiot agree on the appointment of an arbitrator before the l lth business day after
the date arbitration is requested, the Mayor of the City of Denton shall immediately request a list
of seven (7) neutral arbitrators from the American Arbitration Association or the Federal
Mediation and Conciliation Service. If the parties caiuiot agree on the appointment of an
arbitrator from tlus list before the llth business day after the date the list is provided to the
Page - -5
parties, each party or the party's designee may alternately strilce a name from the list. The
remaiiung person on the list shall be appointed as the arbitrator.
The arbitrator shall set a hearing to be held not later than the lOtl' day after the date he or she is
appointed, and shall notify the parties to the arbitration in writing of the time and place of the
hearing not later than the 8th day before the date of the hearing.
The authority of the arbitrator is limited to issuing a decision relating oiily to the service plan
issues in dispute. The arbitrator may: (1) receive in evidence any documentary evidence or other
information the arbitrator considers relevant; (2) administer oaths; and (3) issue subpoenas to
require:
1. the attendance and testimony of witnesses; and
the production of boolcs, records, and other evidence relevant to an issue presented to the
arbitrator for determination.
Uiiless the parties to the dispute agree otherwise, the arbitrator shall complete the hearing witlun
two (21) consecutive days. The arbitrator shall permit each party one (1) day to present evidence
and other information. The arbitrator, for good cause shown, may schedule an additional hearing
to be held not later than the seventh day after the date of the first hearing. Unless otherwise
agreed to by the parties, the arbitrator must issue a decision in writing and deliver a copy of the
decision to the parties not later than the 14th day after the date of the final hearing.
If the City does not agree with the terins of the arbitrator's decision, the City inay not annex the
area proposed for aiuieYation before the fifth (Sth) aiuuversary of the date of the arbitrator's
decision.
EYCept as provided by the TY.LGC, the City shall pay the cost of arbitration. If the arbitrator
finds that the request for arbitration submitted by the representatives of the area proposed for
annexation was groundless or requested in bad faith or for the purposes of harassment, the
arbitrator inay require the area proposed for annexation to pay all or part of the cost of
arbitration.
Annexation of Area Oualified for Agricultural Use:
Per Tx.LGC §43.035, a municipality is prohibited from annexing land that is appraised for ad
valorem taY purposes as land for agricultural use under Chapter ?3 of the TeYas TaY Code uiiless
the muiucipality offers to malce a fifteen (15) year development agreement with the landowner
under Tx.LGC §212.172 of the Texas Local Government Code and the landowner refuses. The
proffered development agreement may not exceed forty-five (45) years, and must guarantee the
continuation of the ETJ status of the qualifying area and authorize the eiiforcement of all
regnilations and plaiuung authority of the muiucipality that do not interfere with the use of the
area for agriculture. Ic! crt,~~'-13.035(b).
The development agreement restricting the muiucipality's right to aiuieY all or part of the
property is void if the landowner files any type of subdivision plat or related development
document for the area regardless of how the area is appraised for ad valorem tax purposes, and
that such a developinent agreeinent is not a perinit under the Vested Rights Act. Ic! crt
§43.035((,1) arid (3).
Page - 6
Prepared by:
~`!v
Marlc A. Cunninghain, AICP
Director, Plaiuung and Development Division
Respectfully submitted:
Fred Greene
Assistant City Manager
ATTACHMENTS
1.
EYlubit 1
- Adopted AiuieYation Ordinance;
EYlubit ?
- Comprehensive Location Map of AiuieYation Areas;
3.
Exhibit 3
- Map of Annexation Area - DH-7;
4.
Exhibit 4
- Map of Annexation Area - DH-9;
5.
EYlubit 5
- Map of AiuieYation Area - DH-1?;
6.
EYlubit 6
- liutial Service Plan; and
7.
Exhibit 7
- 3-Year Annexation Schedule.
Page - 7
S:\Our pocuments\Ordinances\10\Mnexation Plan appmval otdinance revised.doc
ORDINANCE NO. 2410-093
AN ORDINANCE ADOPTING AN ANNEXATION PLAN FOR THE CITY OF
DENTON, TEXAS IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE
CHAPTER 43 SUBCHAPTER C; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.
WHEREAS, Section 43.052 of the Texas Local Government Code requiies that each city
adopt an Annexation Plan in ordeY to annex relatively populated areas not otherwise exempted fYOm
the YequiYements of such a plan; and
WHEREAS, that statute fuYther stipulates that no propexty or aYea may be annexed by a
municipality until afteY the third anniversary of the date of adoption of a plan or plan amendment in
which that paiticulax pxopeYty or area is designated for annexation; and
WHEREAS, Section 43.052(h) of the Texas Local Government Code pYOVides several
exceptions that authoxize cities to annex texritory without placing the terxitory in an annexation plan;
and
WHEREAS, annexations conducted by the City of Denton, Texas prior to the passage of
this OYdinance have satisfied the cYiteria imposed by one or moYe of these exceptions; and
WHEREAS, the City of Denton, Texas now intends to iniriate a 3-yeaY annexation pYOcess
of thYee xelatively populated tracts pieviously designated in the City of Denton 2009 Annexation
Study as DH-7, DH-9 and DH-12, and legally descxibed and depicted in Exhibits A, B and C
attached hereto and incorpoiated herein by xefeYence (hereinafter collectively designated as the
"Annexarion Tiacts") ; and
WHEREAS, the City of Denton, Texas may fiom time to time in the future amend this
Annexation Plan to specifically identify othei annexations that may occur beginning on the thitd
anniveisary of the date this Annexarion Plan is amended, pursuant to Section 43.052(c), NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City of Denton, Texas hereby adopts this annexation plan, and
designates the thYee Annexation TYacts described in Exhibits A, B and C foY annexation, puYSUant to
the planning Yequitements of Texas Local Govexnment Code Section 43.052.
SECTION 2. Beginning on and aftex the third anniveYSaiy of the effective date of this
oYdinance, the City of Denton, Texas intends to extend its city limit to include the Annexation
Tiacts.
Page 1
S:\Ouc Documents\Ordinances\IO\Annexation Plan approval ordinance recised.doc
SECTION 3. All otdinances or Yesolutions or parts thereof in conflict with the pxovisions
of this ordinance axe hereby Yepealed to the extent of such conflict, or amended as specified heYein
to the extent of any conflict.
SECTION 4. Should any section or part of any paragraph of this oYdinance be declared
invalid or unconsritutional foi any reason, it shall not invalidate or impair the validity, foice, or effect
of any section or paYt of a section or paragYaph of this oYdinance.
SECTION S. The ordinances and resolutions of the City of Denton, Texas, and the Code
of Oxdinances of the City of Denton, Texas, as amended, shall Yemain in full force and effect, save
and except as amended by this ordinance.
SECTION 6. This ordinance shall become effective untnediately upon passage and
appxoval.
PASSED AND APPROVED this, the 6h day of ApYil, 2010.
\
2MA 4 .
R K A. BURRRU S, Y R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
~
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2
S:\Our powments\Ordinanms\10\Anncxation Plan approval ordinance.doc
Exhibit A
DH-7 Legal Description
AT"T, those ceYtain lots, tracts oY paicels of land lying and being situated in the County of Denton,
State of Texas and presently being wholly surrounded and fully embYaced by the Denton city limit
boundaries of YecoYd and established by the annexation and disannexation ordinances as follows:
Ordinance 1965-43 (Ttact III), Ordinance 1978-028, Ordinance 1985-30, Ordinance 1987-119,
Ordinance 2000-440, Ordinance 2003-231, and Ordinance 2007-293; and being moYe specifically
described as follows:
BEGINNING at a point described in Ordinance 87-119, said point being 55 feet east of the
centeYline of FM 2182;
THENCE NoYth 89° 14' East, 195.9 feet to a point for a corner, as described in OYdinance 87-119,
said point being 250 feet east of the and perpendicular to the centeiline of FM 2181;
THENCE Southerly to a point of intersection with noYth boundary line of the pYOpeYty descubed in
Ordinance 2003-231; said point being the noxthwest cornex of the said propeYty;
THENCE South 89° 36' East, 1449 feet (moxe ox less) to a point for a coYnex, said point being the
northeast coiner of the said pxopeYty;
THENCE South 00° 39' West, 2124 feet (more or less) to a point for a coYnei, said point being the
southeast coxnex of said property;
THENCE South 89° 40' West, 980.52 feet (moYe oi less) to the noYtheast corneY of the current City
Limits as descxibed in Ordinance 2007-293 ;
Thence South 06 degYees 14 minutes 36 seconds West, a distance of 90.03 feet to a point foi a
coYneY being the Southeast coYneY of existing said City limits line and being on a noYthern line of
existing City limits line established by Ordinance 87-119;
THENCE SoutheasteYly and Easterly along a line 250 feet east and north of and parallel to the
centerline of FM 2181 to a point intersecting with the City limits as described in Ordinance 87-119
and Disannexation Ordinance 78-28;
THENCE NortheYly along the City L'unit Line as described in Ordinance 78-28, said line being the
west line of the propeYty described in said Orclinance, to a point of inteisection with the southeYn
line of the pioperty described in OYdinance 85-30;
THENCE West to the point of intersection with the propeity described in Ordinance 2000-440,
said point being the southwest coinex of the pxoperty described in Ordinance 85-30 and the
southeast corner of the pYOpeYty descYibed in Ordinance 2000-440;
THENCE South 89° 34' 07" West, 2483.03 feet to a point foY a coinei, said point being 55 feet east
of and perpendiculaY to the centexline of FM 2181;
S:\Our pocumena\Ocdinances\ 10\Anncsalion Plan approval ocdinance.doc
THENCE SoutheYly along a line 55 feet east of and paYallel to the centerline of FM 2181 to the
Point of Beguining, containing appYOxixriately 143 acxes.
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Exhibit B
DH-9 Legal Description
ALL those cettain lots, ttacts oY parcels of land lying and being situated in the County of Denton,
State of Texas and pYesently being wholly surrounded and fully embraced by the Denton city limit
boundaxies of iecoYd and established by the annexation ordinances as follows: Ordinance 1983-18,
Ordinance 1984-17 (Tracts II & IIn, Ordinance 1984-97, Ordinance 1986-129, OYClinance 1986-130,
Ordinance 1986-214, Ordinance 1986-218, Ordinance 1998-256, Ordinance 1999-262, Ordinance
2004-134 (Tiact I1), and Oxdinance 2004-192; and being moie specifically described as follows:
BEGINNING at a point described in Ordinance 86-130, said point being on the noYth boundary
line of the propeity described in Ordinance 84-97 and a point in the centeY of SwisheY Road, said
point also being the Point of Beginning of the pxoperty described in Ordinance 86-130;
THENCE NoYth 00° 41' 04" East, 1520.87 feet with the centei of SwisheY Road to a point foY a
coineY;
THENCE NoYth 89° 50' 58" East, 1655.56 feet to a point for a corneY;
THENCE northeYly along the west line of the property descYibed in OYdinance 86-130 to a point
described in Ordinance 98-256, said point being the southeast coYneY of the piopexty described in
Ordinance 98-256;
THENCE Noxth 86° 23' 49" West, 1632.5 to a point fox a corner, said point being the point of
beginning foY the piopeYty described in Ordinance 98-256;
THENCE NoYth 04° 44' 29" East, 283.1 feet to a pin foY a coYneY;
THENCE NoYth 72° 08' 23" East, 271.89 feet to a point foY a coinex;
THENCE NoYth 88° 59' 12" East, 526.69 feet to a point foi a coxneY;
THENCE South 86° 21' 22" East, 150.03 feet to a point fox a corner;
THENCE South 86° 20' 48" East, 704.84 feet to a point on a cornei, said point being the noYtheast
coYnei of the pYOperty desciibed in Ordinance 98-256 and on the west line of the property descYibed
in Ordinance 86-130;
THENCE noYtheYly along the west line of the propeYty described in Ordinance 86-130, said point
being the noYtheast corner of the property;
THENCE Noxth 89° 29' 03" East, 1261.48 feet to a point foi a coineY;
THENCE NoYth 00° 40' 16" West, 83.55 feet to a point, said point being the beginning of a cLUVe
desciibed in Ordinance 86-130;
THENCE 552.92 feet along the above referenced curve to a point at the end of the curve;
THENCE North 21° 19'44" East, 698.69 feet to a point foY a corner, said point on a line as
described in Ordinance 82-214;
S:\Our pocuments\Ocdinances\10\Annexation Plan approval ordinance.doc
THENCE Westeily along a line descxibed in Ordinance 82-214 to a point foY a corneY, said point
being US AYmy CoYps of Engineexs (CTSACE) Monument P-238-W;
THENCE along a series of courses and distances as described in OYdinance 82-214 as follows;
South 82° 18' West, 236.4 feet to USACE Monument P-239-W;
South 69° 35' West, 556.8 feet to USACE Monument P-240-W;
Noxth 38° 59' West, 1140.8 feet to USACE Monument P-241-W;
South 58° 12' West, 672.9 feet to USACE Monument P-242-W;
North 88° 58' West, 547.2 feet to USACE Monument P-243-W;
North 17° 12' West, 341.7 feet to USACE Monument P-244-W;
North 27° 41' East, 164.7 feet to USACE Monument P-245-W;
THENCE South 88° 58' East to a point of intersection with the piopeity desciibed in OYdinance
86-129;
THENCE Northwesterly along the middle of Pecan Creek, approximately 1040 feet in a seYies of
courses and distances as descYibed in Orclinance 86-129 to a point of intersection with the east
boundary of the piopexty described in Ordinance 83-18;
THENCE South 4° 11' 22" West, 744.55 feet to a point for a corner, said point being the southeast
coYneY of the propeity descYibed in Oidinance 83-18;
THENCE WesteYly approximately 310 feet to a point of intersection with the pYOpeYty descxibed in
Ordinance 2004-192, said point being the noYtheast corner of said piopeYty;
THENCE South 02° 30' 20: West, 598.74 feet to a point for a corneY;
THENCE South 86° 34' 09" East, 289,44 feet to a point fox a coxneY;
THENCE South 02° 13' 37" West, 296.76 feet to a point foY a coiner;
THENCE NoYth 87° 35 S4" West, 288.25 feet to a point foY a coYnei;
THENCE South 02° 28' 11" West, 303.97 feet to a point for a coinex;
THENCE South 87° 35' 54" East, 288.25 feet to a point in Swisher Road;
THENCE South along the centeY of Swishei Road, approxirriately 678.27 feet to a point at a cornei;
THENCE South 89° 38' 54" West, 2051 feet to a point foY a corner;
THENCE North to a point of inteYSection with the pYOpeYty described in OYdinance 86-218;
THENCE North 89° 47' 12" West, 40.21 feet to a point foY a coxneY;
S:\Our pocuments\Ordinances\IO\Annesation Plan approcal ordinance.doc
THENCE South 04° 19' 30" West, 1507.29 feet to a point foi a corner, said point being the
southeast corneY of said tYact and lying in the centei line of Edwaids Road and having an
intexsection of a noYthexly line of the propeYty descxibed in Ordinance 99-262;
THENCE Easterly along the centerline of EdwaYds Road to a point for a coYnei;
THENCE South 00° 21' 39" East, 1328.19 feet to a point foY a coinex, said point being on the
noYth line of the piopetty described in Ordinance 84-17, TYact II;
THENCE Easterly to a point intersecting the east line of the pioperty desciibed in OYdinance 2004-
134, TYact II;
THENCE South 02° 02' 3 1 " West, 724.32 feet to a point foY a corner;
THENCE North 87° 02' S0" West, 73.11 feet to a point foY a coYner;
THENCE South 02° 00' 40" West, 596.16 feet to a point on PokYUS Page Road;
THENCE Eastexly to the Point of Beginning, containing approxirriately 298 acYes.
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Exhibit C
DH-12 Legal Description
AT•T, those ceYtain lots, ttacts ox paYcels of land lying and being situated in the County of Denton,
State of Texas and pYesendy being wholly surrounded and fully embraced by the Denton city limit
boundaries of recoxd and established by the annexation oYdinances as follows: Oxdinance 1965-43
(TYact 1), Ordinance 1983-134, OYdinance 1984-98, Oxdinance 1985-210 (Tracts 1, 3 and 4-A),
Oxdinance 1986-22 (TYacts II & III), OYdinance 1986-129, Oxdinance 1989-1, Ordinance 1996-68,
OYdinance 1996-232, and OYdinance 2001-244; and being moYe specifically descxibed as follows:
BEGINNING at a point at the southwest corner of the piopeYty described in Oidinance 96-068,
said point being in the centeY of Mayhill Road and the noxth right-of-way line of Blagg Road;
THENCE East along the noYth Yight-of-way line of Blagg Road, 407.5 feet to a point for a coYneY;
THENCE NoYth 1244 feet to a point fox a cornex, said corner being the northeast corner of the
pYOperty described in Ordinance 96-068 and being on the south line of the pxopeYty descYibed in
Ordinance 65-43, TYact I;
THENCE NoYtheasterly along a line to a point of inteisection with the west line of the pxopexty
descYibed in Ordinance 86-22, TYact II;
THENCE South to a point foi a corner, said point being the southeast corner of the pYOperty
described in OYdinance 86-22, Tiact II, also being on the east Yight-of-way line of Geesling Road;
THENCE South 00° 30' 22" East, 59.37 feet along the east line of Geesling Road to a point for a
coxneY;
THENCE South 89° 27' 34" East, 337 feet to a point fox a corner;
THENCE South 00° 55' 15" West, 538.17 feet to a point foY a corneY;
THENCE NoYth 89° 54' 18" West, 337 feet to a point for a coiner;
THENCE South 00° 00' 11" East, 459.04 feet along the east line of Geesling Road to a point for a
coinei;
THENCE South 40° 27' 41" East, 255.8 feet to a point for a coYnex;
THENCE Noith 89° 59' 49" East, 549.5 feet to a point foi a coYneY;
THENCE South 46° 13' 49" West, 45.10 feet to a point foY a coinei;
THENCE South 89° 54' 30" East, 36.28 feet to a point for a coineY;
THENCE South 00° 05' 30" West, 365 feet to a point foi a coiner, said point being on the north
line of Blagg Road;
THENCE South 89° 54' 30" East, 719.56 feet, along the north line of Blagg Road to a point foY a
corneY;
S:\Our pocuments\Ordinances\IO\Annexation Plan app-zl ordinance.doc
THENCE NoYth 00° OT 52" West, 985.11 feet to a point foY a coYneY;
THENCE South 89° 24' 39" East to the point of inteYSection of the propeity descYibed in
Oxdinance 96-232;
THENCE South 03° 04' 00" West, 980.18 feet to a point on the north line of Blagg Road;
THENCE Easterly along the noYth line of Blagg Road to a point of inteYSection with the west iight-
of-way line of Lakeview BoulevaYd;
THENCE southerly along the west Yight-of-way line of Lakeview Boulevard to the south right-of-
way of Blagg Road;
THENCE westexly along the south right-of-way line of Blagg Road to a point described in
Oxdinance 2001-244, said point also being the noYtheast coiner of the pYOpeYty in the said
OYdinance;
THENCE South 89° 28' 01" West, 745.32 feet along the south Yight-of-way of Blagg Road to a
point foY a corner;
THENCE South 00° 05' 17" East, 416.59 feet to a point foY a corneY;
THENCE South 89° 59' 36" West, 676.35 feet to a point for a coinei;
THENCE South, 247.72 feet to a point foY a cornex;
THENCE East, 165 feet to a point foY a coYner;
THENCE South, 261.78 feet to a point foY a corner;
THENCE West, 165 feet to a point foi a cornei;
THENCE South 710.41 feet to a point foY a coxnei;
THENCE East, 1421 feet to the inteYSection with the pYOpeity described in Oidinance 84-98;
THENCE Southeily along the west line of the pYOperty descYibed in Ordinance 84-98 to a point for
a coiner;
THENCE South 83° 12' 10" East, 693.59 feet to a point for a corner;
THENCE South 3° 57' 40" West, 646.13 feet to a point for a cornei;
THENCE Easteily to point on the west line of the pYOperty desciibed in OYdinance 85-210, TYact
3, said point being the northwest coYneY of the said tract;
THENCE South 2° 45' 06" West, 822.11 feet to a point foi a coYner;
THENCE South 75° 04' 19" East, 144.36 feet to a point foY a coYneY;
THENCE South 39° 15' 29" East, 87.11 feet to a point foY a coYnex;
THENCE South 9° 13' 56" East, 72.59 feet to a point for a corneY;
5:\Our pocuments\Ordinances\10\Mnexa[ion Plan approval o[dinance.doc
THENCE South 48° 27' 58" West, 28.64 feet to a point for a coYneY;
THENCE North 86° 10' 37" West, 194.01 feet to a point foi a coYnei;
THENCE South 2° 45' 06" West, 561.45 feet to a point for a coYneY;
THENCE South 82° 33' 40" East, 707.37 feet to a point for a coinei;
THENCE South 16° 50' 50" West, 146.41 feet to the intersection with a line on the pYOpeYty
desciibed in OYdinance 84-98;
THENCE NoYth 86° 04' 29" West, 681.98 feet to a point fox a corner;
THENCE South 2° 28' 38" West, 525.40 feet to a point for a corner;
THENCE South 86° 26' 40" East, 1423.30 feet to a point foY a coinei;
THENCE South 2° 48' 25" West, 2127.77 feet to a point for a coYnex;
THENCE South 2° 13' 47" West, 706.64 feet to a point for a coYner;
THENCE South 64° 50' 47" East, 407.19 feet to an inteYSection with a line on the pYOpeYty
desciibed in Ordinance 85-210, Tract 1;
THENCE South 00° 45' 09" West to a point of inteYSection with a line on the pYOperty described in
Ordinance 86-129, said point being the northeast comer of said tract;
THENCE Noxthwestexly along a line 250 feet noYtheasterly of the centeY line of FM 426 on a seiies
of couYSes and distance descYibed in Oidinance 86-129 to a point of inteYSection with the east line of
the pxoperty described in OYdinance 83-134;
THENCE Noith 00° 05' East, 1274.77 feet to a point for a corneY;
THENCE East, 15 feet to a point foY a coiner;
THENCE NoYth 00° OS' East, 2255.94 to a point foY a coinex;
THENCE South 89° 17' West, 1444.17 feet along the south iight-of-way line of Mills Road to a
point foY a corneY, said point being the northwest corner of the propexty described in OYdinance 83-
134 and the noYtheast comer of the property described in OYdinance 89-001;
THENCE WesteYly, 2944.96 feet along the south Yight-of-way line Of Mills Road to a point in the
centeiline of Mayhill Road on the east line of the property desciibed in Ordinance 65-43, Tract I;
THENCE Northerly along the centerline of Mayhill Road to the Point of Beginning, containing
appioxirriately 1,162 acres.
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EXHIBIT 2
Comprehensive Location Map of Annexation Areas
1,595 Total Acres
2010 Annexation ''F°` cA• t
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EXHIBIT 3
Proposed Annexation Area DH-7
DH-7 encompasses approximately 143 acres and is bounded on the north, west and south by
current city limits. It is located on the east and north sides of Teasley Lane, south of Teasley
Harbor Subdivision and west of Southlake Drive. This area is outlined in yellow on the aerial
map below.
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EXHIBIT 4
Proposed Annexation Area DH-9
DH-9 encompasses approximately 298 acres of land and is bounded by current city limits on all
sides; north, south, east and west. DH-9 is located north of Pockrus Page Road, north, south and
northeast of Edwards Road. This area is outlined in yellow on the aerial map below.
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EXHIBIT 5
Proposed Annexation Area DH-12
DH-12 encompasses approximately 1,154 acres of land and is bounded by current city limits on
all sides; north, south, east and west. DH-12 is located south of E. University Drive, east of N.
Mayhill Road, north and south of Blagg Road, north and south of Mills Road, and east and west
of S. Trinity Road. This area is outlined in yellow on the aerial map below.
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Exhibit 6
Liitial Service Plan
L AREA ANNEYED
The areas to be annexed include approximately 1,595 acres of land contained in three (3) distinct
areas as shown on the attached inaps. The 3 areas are unincorporated poclcets located within
City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as DH-7, DH-9
and DH-12. The proposed aiuieYation contains multiple owners. A general description of each
area is also attached.
IL INTRODUCTION
Tlus service plan has been prepared in accordance with the TeYas Local Goveriunent Code,
Sections 43.021; 43.065, and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or inade available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
aiuieYed tract the levels of service, iiifrastnicture, and iiifrastnicture maintenance that are
comparable to the levels of service, infrastnicture, and infrastnicture maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
IIL AD VALOREM (PROPERTY OWNER) TAY SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the areas aiuieYed at a level consistent with current methods and procedures
presently provided to siinilar areas on the effective date of the ordinance. Soine
of these services include:
Normal patrols and responses;
Handling of complaints and incident reports;
Special uiuts, such as traffic eiiforcement, investigations and special
weapons; and
Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, includin~
personnel and equipinent will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level
consistent with other similarly situated areas witlun the city limits.
B. Fire Protection
The Denton Fire Departinent (DFD) will provide einergency and fire prevention
services to the aiuieYation areas. These services include:
Page - 13
1. Fire suppression and rescue;
2. Pre-hospital medical services includin~ tria~e, treatment and transport
by Advanced Life Support (ALS) fire engines, tnicks and ambulances;
3. Hazardous materials response and mitigation;
4. Einergency prevention and public education efforts;
5. Tecluucal rescue response; and
6. Constniction Plan Review and required inspections.
Fire protection froin the City of Denton shall be provided to the areas annexed at
a level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipinent will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations plaiuied to serve
areas currently within the City of Denton will be sufficient to serve areas now
being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other siinilarly situated areas within the city liinits.
C. Emergencv Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation areas. These services include:
1. Emergency medical dispatch and pre-arrival First Aid instnictions;
Pre-hospital emergency Advanced Life Support (ALS) response; and
tratisport;
3. Medical rescue services.
Einergency Medical Services (EMS) froin the City of Denton shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas of the City of Denton on the effective date of
the ordinance.
As development commences in these areas, sufficient EMS, includint" personnel
and equipment will be provided to furiush these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas witlun the city limits.
D. Solid Waste
Page - 14
Solid Waste and Recycling Collection Services will be provided to the newly
aiuieYed property immediately upon the effective date of the aiuieYation at a level
consistent with current methods and procedures presently provided to similar
areas within the city. Private solid waste collection service providers operatin" in
the affected area immediately prior to aiuieYation and currently providing
customers with service may continue to provide their eYisting service for up to ?
years in accordance with Texas Local Government Code.
E. Wastewater Facilities
The proposed aiuieYation areas are witlun the City of Denton Sewer Service Area
as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as
issued by the Texas Coininission on Environinental Quality (TCEQ).
As development commences in these areas, saiutary sewer mains will be eYtended
in accordance with the provisions of the City's codes, ordinances and regulations.
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regnilations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Saiutary sewer mains and lift stations installed or improved to City standards
witlun the aiuieYed areas wluch are located witlun dedicated easement, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
inaintained by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the aiuieYed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F. Water Facilities
The proposed annexation areas are within the City of Denton Water Service Area
as defined by Certificate of Conveiuence and Necessity (CCN) Nuinber 10195 as
issued by the TeYas Commission on Enviroiunental Quality (TCEQ).
Connections to existing City of Denton water distribution inains for water service
will be provided in accordance with eYisting City ordinances and policies. Upon
coiuiection to eYisting distribution mains, water service will be provided at rates
established by city ordinance.
As new development occurs witlun these areas, water distribution mains will be
extended in accordance with Denton's Codes, ordinances and utility service
policies. City participation in the costs of these extensions shall be in accordance
with Denton's codes and ordinances. Water service capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Page - 15
Operation and maintenance of water facilities in the aiuieYed area that are witlun
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is
received.
G. Roads and Streets
Einergency street inaintenance shall be provided within the annexation areas on
the effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided witlun the aiuieYation areas and will be scheduled as part of the
City's annual program and in accordance with the current policies and procedures
defined by the ordinance and/or as established by the City Council.
Any constniction or reconstniction will be considered witlun the aiuieYation areas
on a City wide basis and within the context of the City's CIP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council. If a si~n remains, it will
be reviewed and placed on the City's inventory listing for routine replacement.
All eYiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street marlcings will be placed on a priority listing
and scheduled within the yearly budgetary allotments by the City Council.
H. Parks, Plavgrounds, Swimming Pools
Residents witlun the areas aiuieYed may utilize all eYisting parlc and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As developinent coininences in these areas, additional parlc and recreation
facilities shall be constnicted based on parlc policies defined in the Parlc Master
Plan and as specified in the Park Dedication and Development Ordinance. The
general plaiuied locations and classifications of parlcs will ultimately serve
residents from the current City limits and residents from areas beint" considered
for annexation.
L Publiclv Owned Facilities
Any publicly owned facility, buildin~, or service located within the annexed area,
and not otherwise owned or inaintained by another governinental entity, shall be
Page - 16
maintained by the City of Denton on the effective date of the aiuieYation
ordinance.
J. Other Services
Other services that may be provided by the City of Denton, such as muiucipal and
general admiiustration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastnicture, and
infrastnicture maintenance that is comparable to the level of services,
iiifrastnicture, and infrastnicture maintenance available in other parts of the City
of Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
IIL UNIFORM LEVEL OF SERVICES IS NOT REOUIRED
Notlung in tlus plan shall require the City of Denton to provide a uiuform level of full muiucipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
IV. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
V. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences malce tlus service plan unworlcable or obsolete. The City
Council may amend the service plan to coiiform to the changed conditions or subsequent
occurrences pursuant to Texas Local Governinent Code, Section 43.056.
Page - 17
EXHIBIT 7
3-Year Annexation Schedule
DH-7, DH-9, D1112
1
Adopt Annexation Plan and post
4/6/2010
plan on website (Tx.LGC 43.052)
2
Notice of Intent to all property
Prior to the 9Qt" day after the
6/30/2010
owners, public/private entities,
CC adopts the plan
railroad companies and post on
website (Tx.LGC 43.052.f)
3
Request Inventory of Services and
Shall be requested at the time
6/30/2010
Facilities provided by public/private
of the Notice of Intent
entities (Tx.LGC 43.053c)
4
Receive information provided by
90 days after request is made
9/27/2010
public and private service providers
(Tx.LGC 43.053.c)
5
Compiete Inventory of Services and
On or before the 60t" day after
11/24/2010
Faciiities and make avaiiabie for
the information is received
public inspection (Tx,LGC 43.053.g
and Tx.LGC 43.056j)
6
Notice of 15Y Public Hearing (Tx.LGC
On or after the 20t" day, but
1/14/2011
43.0561.c)
before the 10th day before the
date of the hearing
7
Notice of 2nd Public Hearing (Tx,LGC
On or after the 20t" day, but
1/26/2011
43.0561.c)
before the date of the hearing
8
Proposed Service Plan must be
Prior fio public hearings
1/25/2011
made available for public
inspection and explained at the
public hearings (Tx.LGC 43.056.j)
9
15T Public Hearing (Tx.LGC
Not later than the 90t" day
2/1/2011
43.0561.a & Tx.LGC 43.0561.c)
after the Inventory is made
available to the public
10
2nd Public Nearing (Tx.LGC
Not later than the 90t" day
2/15/2011
43.0561.a & Tx.LGC 43,0561.c)
after the Inventory is made
available to the public.
Must also consider that public
hearings must take place on or
Page - 19
11
12
13 Request arbitration regarding
negotiations (if required) (Tx.LGC
43.0564)
154 15Y Reading of the Ordinance
15 Non-Annexation Agreements
offered to property owners with
Ag. exemptions (Tx.LGC 43.035)
16 Ordinance Publication
17 2nd Reading of the Annexation
Ordinance
before the 20t" day, but after
the 10t" day after the date of
the notice of public hearing in
accordance with 43.0561.C.
Therefore, both hearings must
take place by 2/15/20, which is
20 days after 1/26/2011 public
hearing notice date.
Negotiations for Provision of After the 2nd public hearing,
Services after annexation or in lieu but before adoption of the
of annexation (Tx.LGC 43.0562) Annexation Ordinance
3/8/2011
Before the 15t day of the 10t"
8/26/2011
month after the month in
which the inventory is
prepared.
Before the 60t" day after the
10/10/2011
date the service plan is
completed.
1/10/2012
October, 2011
Final Service Plan (Tx.LGC 43.056.a)
The ordinance or any 3/6/2013
amendment thereof shall not
be acted upon until at least 30
days after newspaper
publication date. (Charter)
Approve on 2nd Reading before TBD
3 years + 31 days 5/7/2013
Page - 19
AGENDA INFORMATION SHEET
AGENDA DATE
DEPARTMENT:
ACM:
Febniary 1, ?O11
Planning and Development
Fred Greene
SUBJECT - ZIO-0012, J(111IieA(I(Ilt1011
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoiung change from a Neighborhood Residential 3(NR-3 ) zoiung district
classification and use desigiation to a Neighborhood Residential MiYed Use 12 (NRMU-12)
zonin,, district classification and use designation, on approximately 0.26 acres of land located on
the east side of Bonnie Brae Street and approximately 200 feet south of Emery Street; providing
for a penalty in the maYimum amount of $2,000.00 for violations thereof, severability and an
effective date. (Z10-00121). The Plaiuung and Zoning Commission recommends approval (4-0).
PROPOSAL
The applicant (Larry Reicliliart) is requesting that the subject property be rezoned from a
Neighborhood Residential 3(NR-3 ) zoiung district to a Neighborhood Residential MiYed Use 12
(NRMCJ-12) zoning district. Currently, the property is not platted and is developed with a single
funily dwellin~ unit, which the applicant plans to demolish. This dwellin~ was constnicted in
1975, according to the Denton Central Appraisal District.
BACKGROUND
The subject property was rezoned to NR-3 as a result of the Febniary, 2002 city-wide rezoning.
Prior to 2002, the property was zoned Single Family 10 (SF-10). Uses in the SF-10 zoiung
district were limited primarily to single family homes as well as civic and religious uses.
Per the applicant, the subject 026 acre site will be developed in the future as a single story office
building; however, tlus is not binding. It is important to note that if the subject property is
rezoned to NRMU-12 as requested, the property may be developed in accordance with the full
use classification associated with the district.
Staff sent tlurteen (13) certified notices of the public hearing to property owners witlun 200 feet
of the subject property and thirty seven (37) courtesy notices to residents within 500 feet of the
site. As of this writing, staff has not received any responses froin property owners within 200
feet of the site.
PRIOR ACTION/REVIEW
1. Plannin~ and Zonin~ Commission January 5, 2011
OPTIONS
1. Approve as submitted.
Approve subject to conditions.
3. Deny
4. Postpone consideration.
5. Table item.
DRC Findings/Reconunendation Page 1 of 26
Case#: Z10-0012
RECOMMENDATION
The Plaiuung and Zoiung Commission recommends APPROUAL of the request (4-0).
The Development Review Committee (DRC ) recommends APPRUVAL of the request.
EYHIBITS
1. Site Location/Aerial Map
EYisting Zoiung Map
3. Proposed Zoiung Map
4. Fuhire Land Use Map
5. Current Land Use Map
6. Survey of Site
7. Boiuue Brae/Ector Street Small Area Plan Boundary Map
8. Notification Map
9. Property Owner Responses to Notification
10. Site Photos
11. January 5, 2 0 11 P&Z Minutes
12. Ordinance
Prepared by:
~aMtos
Johnna M. Matthews
Senior Planner
Respectfully submitted:
~
Marlc A. Cunninghain, AICP
Plaiuung and Development Director
DRC Findings/Reconunendation Page 2 of 26
Case#: Z10-0012
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: January 5, 2011 TYPE: Rezoning
CC Date: PROJECT Z10-0012
February 1, 2011
Project Number: Z10-0012, Janlce Addition
Request: Rezone approYimately 0.26 acres from a Neighborhood Residential
3(NR-3 ) zoiung district to a Neighborhood Residential MiYed Use
12 (NRMU-12) zoning district.
Applicant: Spring Broolc Plaiuung Group
2405 Mustang Drive
Grapevine, TX
Property Owner: Marilyn Janlce
145 S. Forest Lane
Double Oak, TX 75077
Location: The property is generally located on the east side of Boiuue Brae
Street and approximately 200 feet south of the intersection of
Bonnie Brae Street and Emery Street.
Size: 0.26 acres
Existing Zoning
Designation: Neighborhood Residential 3 (NR-3 )
Proposed Zoning
Designation: Neighborhood Residential Mixed Use 12 (NRMU-12)
Future Land Use: EYisting Land Use/liifill Compatibility
Case Planner: Johnna M. Matthews
DRC Recommendation: The Development Review Committee (DRC ) recommends
APPRUVAL of Z 10-0012.
Denton Development Code Analysis:
The proposed zoning of NRMU-12 is one of the most intense zoning districts within the group of
Neighborhood Residential zoning districts. Zoning districts within the Neighborhood
Residential group include, and in tlus order of intensity; NR-1, NR-?, NR-3, NR-4, NR-6,
NRMU-12 and NRMU. The eYisting zoiung district of NR-3 is primarily a residential zoiung
district with limited allowances for commercial, industrial and institutional land uses allowed.
The proposed zonint', district of NRMCJ-12 permits more commercial and institutional uses than
the eYisting zoiung district. For eYample, in the commercial land use category, a Bed and
DRC Findings/Reconunendation Page 3 of 26
Case#: Z10-0012
Brealcfast, Retail Sales and Services, Professional Services and Offices, and Laundry Facilities
are not permitted in the NR-3 zoiung district; however are permitted in the proposed zoiung
district with limitations, in some instances. Professional Services and Offices are permitted in
the NRMU-12 zoning district; however is limited to no more than 10,000 square feet of gross
floor area. In the Industrial land use category, Bakeries and Veterinary Clinics are not permitted
in the NR-3 zoning district; however in the proposed are perinitted with a liinitation and by right
respectively. The liistitutional Land Use category introduces uses that are not permitted in the
eYisting zoiung district, but may; however be permitted in the proposed zoiung district with a
limitation or by right. The tables below indicate the difference in uses between the existint"
zoning district of NR-3 and the proposed zoning district of NRMU-12:
Attached Single Family Dwellings SUP P
Dwellings Above Businesses N P
Live/Work Units N P
Duplexes N P
Group Homes N SUP
Multi-Family Dwellings N L(4)
Bed and Breakfast
N
L(10)
Retail Sales and Service
N
L(15)
Professional Services and Offices
N
L(14)
Laundry Facilities
N
P
Outdoor Recreation
P
SUP
Community Service
N
P
Semi-public, Halls, Clubs, and Lodges
SUP
L(15)
Adult or Child Day Care
SUP
P
Kindergarten, Elementary School
SUP
P
Middle School
N
P
Elderly Housing
N
L(13)
The Environinentally Sensitive Areas (ESAs) inap indicates developed floodplain ESA on the
east side of the property, which requires coinpliance with the Denton Developinent Code,
Subchapter 19 for development witlun desigiated developed floodplain ESAs. However, the
DRC Findings/Reconunendation Page 4 of 26
Case#: Z10-0012
revised FEMA inaps show the FEMA floodplain to be reinoved. The revised inaps will be
effective April, 21011.
The City of Denton Mobility Roadway Plan identifies Bonnie Brae Street as a Modified
Secondary Major Arterial. The main purpose of this type roadway is to serve as a major route
through and between different areas of the City. The proposed rezoning request to allow a inore
intense use at tlus location is indicative of the trend towards miYed use and commercial
developments patterns in the area. .
The subject property is included in the first study initiated by the City of Denton Neighborhood
Planning Program to look at the challenges and uniqueness's of the city's older neighborhoods.
The outcome will be the Boiuue Brae-Ector Street Small Area Plan. The area included in the
sinall area plan is bounded by Einery Street to the north, West Oalc Street to the south, Bonnie
Brae Street to the west and Jagoe and Ector Streets to the east (See Exhibit 7 for Ector Street-
Boiuue Brae Small Area Plan Boundary Map).
Findings of Fact
L The i•eqlrest is to i•ezorie the appi•oxilnately 0.267-aci•e sitefi•o1n NR-3 to NRA1ZT-12. The
applicaw also proposes to colTibirie the site irith the lot i1n1nediately to the solrth foi• the
.fittur•e cleivlolnnerat (?f a siragle stor'i'(?ffce bitilclirag. Tlier•e is cirr•r•eratli, ara existirag siragle
fianzily honze ora tlle site ira ivhich the al)l)licaratlVol)oses to clenzolish.
2. PI'101' t0 2002, 11'l?E'1i tl?E' 011' Of I)E?I?t01? 11'qS 1'E"OI?E?Gl, tl?E' jJ1'OjJE'1'll' 11'qS 'OI?E?d .S'll?gJE'
Fa1Tiil~, 10 (SF-10).
3. The site is Iocatecllvithzn atr "Existing Latrd Use Ztrfill C'onzpatibility" fiatzare latrd zase
clesigraatiora. The Deratora PJara states that ivithira establishecl r•esiclerltial ar•eas, rac-11'
GlE'1'E'JOjJI??E'1?t S1101lJGl 1'E?SjJ01?d t0 E'Y1Stl1?g GlE'1'E'JOjJI??E'1?t 11'ltl? COl??jJqtlbJE' Jql?d 1lSE?S, jJqttE'1'1?S
ql?dGlE?Slgl? Stql?Glq1'G& 1'l?E' pJqI? 1'E'COl??1??E'1?GtS tl?qt E'Y 1St11?g 1?E'lg11b01'l?OOGtS 11'1t1111? tl?E' Clll'
be Vigor•oiIslVl)r•otectecl aracl l)r•eser-i,ec1. Hoiisirag that is conzl)atible 1rith the existirag
clerlsitl', raeiglibor•hoocl ser•11ce arac1 conznzer•cial Iarac1 itses is allolvecl.
4. 1'l?E' E'Y1Stl1?g (NR-3) ql?d jJ1'OjJOSE?d (NRAIj 12) 'OI?ll?g Gl1St1'1CtS 11'lJJ 1?Ot 1'E?q1l11'E' q
CO1??jJ1'E'l?E'1?Sl1'E' jJJqli ql??E'1?Gll??E'1?t. BOtl? 'OI?ll?g Gl1St1'1CtS q1'E' 11'1t1111i tl?E' NE'lg11b01'l?OOd
Resicleratial gr•oiq) (?f .:orairag clistr•ict.s ivhose irlterat is to l)r•eser•i,e arac1 l)r•otect existirag
raeighbor•hoocl,s arac1 to erasiIr•e that aral'raeiv cleVelolfflzerat is conzl)atible ivitll existirag laracl
1lSE'S, pqttE'1'J?S qJ?d GlE?Slgl? StqJ?Glq1'GlS. 1'l?E' NE'lg11b01'l?OOd RE?S1GlE'J?tlqJ g1'O1p l?qS SE'1'E'J? (7)
'OI?ll?g Gl1St1'1CtS ll?CJ1lGlll?g NE'lg11b01'l?OOd RE?S1GlE'1?tlqJ 1(NR-1 NE'lg11b01'l?OOd RE?S1GlE'1?tlqJ
?(NR-?), Neighborhooc! Re.siclelrticrl 3(NR-3), Neighborhooc! Re.sicleltticrl -l (NR--l),
Neighbor•hoocl Resicleratial 6(NR-6), Neighbor•hoocl Resicleratialll-lixecl tlse 12 (NRA1tl
1?) arid Neighboi•hood Resideritia11l1ixed tTse (NR[l1ZT).
5. AqjqCE'1?t 'OI?ll?g Gl1St1'1CtS ll?CJ1lGlE' NE'lg11b01'l?OOd RE?S1GlE'1?tlqJ 3 (NR-3) t0 tl?E' 1?01't11;
Neighborhooc! Re.sicleltticrl 11-lixec! tTse 12 (NRA1tT 1?) to the .sotfth: Neighborhooc!
Resicleratialll-lixecl ZT,se (NR[l1tT) to tlle West aracl Neighbor•hoocl Resicleratial 3(NR-3) to
the east.
6. 1'l?E' S1l1'1'0141?Glll?g q1'E?q 1S 1??OStJl' GlE'1'E'JOjJE?Gl. 1'O tl?E' 1?01'tli ql?d SO1ltl? E'Y1StS COl??1??E'1'CIqJ
itses to tlle east is siragle fianzily aracl to tlle ivest is Ray:or• Rarach arac1 a D11-1E siib.statiora.
DRC Findings/Reconunendation Page -5 of 26
Case#: Z10-0012
7. The l)r•ol)er•t1, corasicler•ec1 for• this r•e.:orairag r•eqitest is locatecl irithira the boitraclar•ies of a
St1ld1' bE'1J?g 1J?1t1qtE?d b1' tl?E' C111' Of I)E?J?t0J? NE'lgl1b01'l?OOd PJqJ?J?lJ?g PI'Og1'ql?? (('l)NPP).
(,l)NPP l?qS ll?1t1qtE?d tl?E' IJI'OCE?SS Of E'tiq1T111?ll?g tl?E' Cl?qJJE'1?gE?S ql?d 1!1'11q1lE'1?E?SS Of tl?E'
city's older treighborhoods. The first area to be exanziired is bozatrded by Enzery Street to
the raor•tli, West Oak Str•eet to the soiitli, Borrraie Br•ae Str•eet to the ivest aracl .Iagoe arac1
Ector• Str•eet,s to the east. Tlie Borlraie Br•ae-Ector• ,Str•eet ,Snzall Ar•eaPJarl ivill cOrasist of
three (3) sectiorrs: Assessmerrt of Existirrg Corrditiorrs, the Commtrrtity's Role czrrd
NE'lg11b01'l?OOdll?ltlqtll'E?S (.S'E?E' EYl?lblt 11 f)1' bO111?Glq1'lE?S Of tl?E' BOI?I?lE'-B1'qE'-ECt01' .S't1'E'E't
Snzall Ar•ea Plara l)r•ol)osal). The snzall ar•ea l)lara is exl)ectecl to be l)r•eseratecl to the C'ity
C'oimcil Ailgifft, 2011.
S. 1'l?E' EI?1'11'OI?1??E'1?tqJJV .S'E'1?Sltll'E' AI'E?qS (E.SAS) 1??qjJ ll?Gl1CqtE'S dE'1'E'1OjJE?df700djJ1ql11 E.SA OIl
the site. Hoireivr, reO . sed FE1l1A 1naps shoij, the f7oodp1airi to be re1nolvd These
r•ei1secl nzal)s will be effectiiv Al)r•il, 2011.
9. Borrraie Br•ae is eJassifiecl as a 11-1oc4fiecl Secoraclar•l, 11-1qjor• Arter•iall)er• the C'ity of Deratora
1110b1J111' PJqJ2 Flfll' (JU) fE'E't Of 1'lgl?t-Of-11'ql' f1'Oln tl?E' CE'J?tE'1'JlJ?E' Of tl?E' St1'E?E't t0 tl?E'
propertt, Jirie iriJJ be i•eq1rii•ed to be dedicated at the ti1Tie of'pJatting.
10. Borrraie Br•ae Str•eet is classifiecl as irrainzl)r•oi,ecll)er•inzeter• str•eetl)er• Sectiora 35.20 of the
Deratora Dei,elolnizerat C'ocle. C'orlstr•i1ctiora of 28.feet wicle coracr•ete l)aivnzerat, 5foot
S1dE'11'qJkS, C1l1'b ql?dR7lttE'1', ql?d1'E?q1l11'E?dGl1'qll?qgE' 11'lJJ bE' 1'E?q1l11'E?dqJ01?g tl?E'fi'OI?tqgE' Of
LOt 2. Pql'1??E?I?t ll? JlE'1! Of COI?St1'1lCt101? 1S ql? OjJtl01?.
1 L Tliis clei,elolnnerlt lvill be r•eqirir•ec1 to ('ostl)ar•ticil)ate ira the sigraali.:atiora of Borrraie Br•ae
Roacl mac1 Scr•ipur•e Roac1. ('ost l)ar•ticil)atiora anzoitrat ivill be basecl 0ra l)r•ol)osecl tr.qffic.
gE'J?E'1'qtlOJ? CqJC1lJqtlOJ?S.
12. L11??1tE?d qCCE?SS 1S ql'q1JqbJE' t0 tl?E' E'Y1Stl1?g 16 ll?Cl? 11'qtE'1' 1??qlli qJ01?g BOI?I?lE' B1'qE'.
13. Seiver• i.s aiailable fronz ara existirag x irach nzaira ora Borrraie Br•ae.
Develonment Review Committee
The Developinent Review Coininittee finds that the request IS CONSISTENT with the general
character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the
Denton Development Code.
Based on the findings-of-fact, the Developinent Review Coininittee (DRC ) recoininends
APPRUVAL of Z 10-0012.
GENERAL NOTES
l-(1TE: Appr°uvcrl uf tltis r°eqztESt shcrll rtut curtstitzttE cr 11'criver° ur° vcrr°icrrtce fi°uln crrlY crppliccrble develupnErtt
r°eqztiremertt ztrtlESS ,tipECificcrlh~ rtutecl irt the curtclitiurts uf crppr°uvcrl (rrul ('urtsistertt iritlt the DErtturt
DevelupmErtt ('ude.
YOTE: _411 iaritteli commelits mcz~ae ili tlze cz1)1)liccztioli czluasubsequelitsubmissiolis of'ilif'ormcztioli mcz~ae ~aurilig tlze
czppliccztioli reviela process, ia Iziclz czre oli frle ia itlz the C,itv ofI)elitoli, slzczll be colisidered to be hindilig
11poli the czpplicczlit, provided suclz commelits czre liot cztvczriczlice ia itlz the I)elitoli Plcz/i, I)elitoli
I)evelopmelit C,ode or otlzer developmelit regallcztiolis ili ef f'ect czt the time of developmelit.
DRC Findings/Reconunendation Page 6 of 26
Case#: Z10-0012
Surrounding Zoning Designations and Current Land Use Activity:
Northwest:
Conumuuri Mixed Use -General
(CM-G)
West:
Neigliborliood Residential Mixed
Use (NRMU)
Southwest:
Neigliborliood Residential Mixed
Use (NRMU)
North: Northexst:
Neigliborliood Residential 3 (NR-3) Neigliborliood Residential 3 (NR-3)
E ast:
Neigliborliood Residential 3 (NR-3)
South: Southexst:
Neigliborliood Residential Mixed Neigliborliood Residential 3 (NR-3)
Use 12 (NRM[J-12)
Soirrce: C'ih• ofDenton Ueogr•c~plzicc~llnf'or~rrc~tion S~stenr and site visit bY C'ih• stcff
Summary of Surrounding Zoning Designations and Current Land Use Activity:
Adjacent zoning districts include Community Mixed Use General (CM-G), Neighborhood
Residential Mixed Use (NRMU), Neighborhood Residential Mixed Use 12 (NRMU-12) and
Neighborhood Residential 3(NR-3 Directly north and south of the site are medical offices,
west of the site is property owned by Rayzor Ranch and a DME substation; and east of the site
are single family residences. Although the applicant is not proposing to restrict any of the uses
with this proposal, the Denton Development Code provides sufficient protection for existincl,
single fai-nily subdivisions. For eYample, because the site baclcs up to a single family subdivision
to the east, at the time of development, a Type C Buffer will be required between the proposed
commercial development and the single family subdivision to mitigate or minimize potential
nuisances such as noise, light, glare, parlcing, etc. A Type C buffer includes a fifteen (15) foot
planted strip that includes a coinbination of 6 evergreen and deciduous trees and 25 shnibs per
100 linear feet
The area witlun'/a mile radius of the site is comprised of approYimately 140 acres. Uses witlun a
'/a mile radius of the site include a ratige of uses including single family, agricultural,
commercial, recreational, religious and governmental. Specifically, within a'/4 mile radius, there
are 126 lots (33.8 acres) for which single family residences are located; 1 lot which contains an
agricultural use (2.15 acres), 24 lots (35.01 acres) for wluch commercial uses are located; 1 with
a recreational use (0.3 acres); 1 lot with a governmental use (2 acres); 1 lot (28 acres) contains a
religious use and approximately 5 undeveloped lots (47.77 acres).
Comprehensive Plan:
The proposed rezoning froin NR-3 to NRMU-12 will not require a coinprehensive plan
ainendinent. The underlying future land use designation for the area considered for down zoning
is EYisting Land Use/liif'ill Compatibility. Pursuant to the Denton Plan (Comprehensive Plan of
the City of Denton), witlun established residential areas, new development should respond to
existing development with compatible land uses, patterns and design standards. The plan
recoininends that existing neighborhoods within the city be vigorously protected and preserved.
Housing that is compatible with the eYisting density, neighborhood service and commercial land
uses is allowed. The aforementioned future land use desigiation is consistent with the eYisting
zoning district as well as the proposed zoning district. The proposed developinent of the site as
an office building is responding to the existing development pattern in the surrounding area.
DRC Findings/Reconunendation Page 7 of 26
Case#: Z10-0012
Zoning Allocation:
Currently, there is approYimately 3,846 acres of land witlun the city that is zoned NR-3 and
1,170 acres of land within the city zoned NRMU-12. The NR-3 land allocation will decrease to
3,846 acres and the NRMU-12 zoning land allocation will increase to approxiinately 1,170.66
acres.
ZoninI4 Allocxtion
ZoninI4 District
~ Current Allocxtion ~ Proposed Allocxtion
NR-'
846.46 acres 3
846.2 acres
3
(Existing)
,
,
NRNW-12
(Proposed)
1,170.40 acres 1,170.66 acres
Nearest Fire and EMS Station
Name uf Statiun APPI•uximate Distance Frum
Sub.ject Pruperty
FFire Station # 5(2230 W. Windsor) ~ 0.88 miles f
Suzrr°ce: ('iti ~ uff)ertturtGlS, Fir°eDEpcrr°t1iiertt, crrtd EALS
Water and Wastewater Demand and Capacity:
A. Estimated Demand:
Sub.ject Property ~
Estimxted Impxct Anxlvsis
0.26 f acres
Proposed Demand
~~e (Yes
Adequxte to Ser
or No)
Peniutted Densin ~
11/a
~ Yes
Potable Water
Consumption
22.3
Yes
(GPM)
Wastew ater
16
5
Yes
Generation (GPM)
.
B. Available Capacity:
Limited access to the eYisting 16 inch water main will be provided (1 tap oiily). Upon platting,
the applicant is required to submit the project sewage discharge. If the existint', service for the
existin, sin,,le family stnicture has sufficient capacity to accommodate the projected flow, it may
be used for the proposed development. Otherwise, a new 6 inch service will be required and a
tap fee for coiuiecting to the eYisting 8 inch gravity main between Boiuiie Brae and Staiiley
would apply, and the existing service would have to be abandoned.
C CIP Plaiuied linprovements:
Roadways/Transportation Network:
A. Estimated Demand
Sub.ject Property I Estimxted Impxct Anxlvsis
0.26 f acres Proposed Demand Adequxte to Serve (Yes
or No)
Peniutted Densin ~ 11/1 ~ Y
DRC Findings/Reconunendation Page 8 of 26
Case#: Z10-0012
Sub.ject Pruperty ~ Estimated Impact Analvsis
~~e (Yes
0.26 f acres Prupused Demand Adequate tu Sei oI• Nu)
AN-erage Aiumal 120 Vetucles Y
Daily Tiips (AADT)
PM PeA Hour Trips ~ 12 Velucles ~ Y
Bonnie Brae is classified as a Modified Secondary Major Arterial per the City of Denton Mobility
Plan. Fifty (50) feet of right-of-way froin the centerline of the street to the property line will be
required to be dedicated at the time of platting. Boiuue Brae Street is classified as uiumproved
perimeter street per Section 3520 of the Denton Development Code. Constniction of 28-feet
wide concrete pavement, 5-foot sidewallcs, curb and gutter, and required drainage will be required
along the frontage of Lot 2. Payinent in lieu of constniction is an option.
Per Section 35.210.4.13 of the Denton Development Code, Lot ? driveway access to Boiuue Brae
Street is not permitted uiiless no other reasonable meatis of providing safe access to the property
is available. The applicant will provide trip ~eneration calculations at the time of plattin~, to
deterinine if driveway access onto Bonnie Brae inay be perinitted.
B. Available Capacity:
Existin~ transportation infrastnicture can accommodate the rezonin~ proposal, with the required
improvements along the frontage of the property along Boiuue Brae. See below.
C. Roadway Conditions:
Bonnie Brae is classified as a Modified Secondary Major Arterial per the City's Mobility Plan,
wluch requires 50-feet of right-of way from the centerline. Boiuue Brae is also classified as an
unimproved perimeter Street. That said, constniction of 28-feet wide concrete pavement, 5-foot
wide sidewallcs, curb and gutter and required drainage improvements will be required alont', the
frontage of the subject site at the time of platting.
D. CIP Planned Iinproveinents:
There are no transportation projects currently plaiuied in tlus area.
Environmental Conditions:
The Enviroiunentally Sensitive Areas (ESAs) map indicates developed floodplain ESA witlun
the subject site, which requires compliance with DDC Subchapter 19 for development within
designated developed floodplain ESAs. However, the revised FEMA inaps show the FEMA
floodplain to be removed. The revised maps will be effective April, 21011.
Electric:
The electrical provider in the area is Denton Muiucipal Electric (DME). DME has a
tratismission line designed for 138 kV operating at 69 kV adjacent to the Boiuue Brae right-of-
way and a single phase distribution line at 7,620 volts phase to ground at the rear of the lot.
DRC Findings/Reconunendation Page 9 of 26
Case#: Z10-0012
Exhibit 1
Site Location/Aerial Map
DRC Findings/Reconunendation Page 10 of 26
Case#: Z10-0012
Exhibit 2
Existing Zoning Map
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DRC Findings/Reconunendation Page 11 of 26
Case#: Z10-0012
Exhibit 3
Proposed Zoning Map
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DRC Findings/Reconunendation Page 12 of 26
Case#: Z10-0012
Exhibit 4
Future Land Use Map
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DRC Findings/Reconunendation Page 13 of 26
Case#: Z10-0012
Exhibit 5
Current Land Use Map
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DRC Findings/Reconunendation Page 14 of 26
Case#: Z10-0012
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Bonnie Brae-Ector Street Small Area Plan Boundaries
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DRC Findings/Reconunendation Page 16 of 26
Case#: Z10-0012
Exhibit 8
Notification Map
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DRC Findings/Reconunendation Page 17 of 26
Case#: Z10-0012
Exhibit 9
Responses to 200-Ft. Notification
NOTICE OF PUBLIC HEARING
Z10-UO'I 2
The Planning and Zoning Commission of the City of Denton will hold a pubfic hearing on Wednesday,
January 5, 2011 to consider making a recommendation to City Council regarding the rezoning of
approximately 0.26 acres of land from a Neighborhood Residential 3(NR-3) zoning district and use
classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use
classification. The property is generaily located on the east side of Bonnie Brae Street and
approxirriafely 200 feet south of the intersect[on of Bonn9e Brae Street and Emery Street.
The public hearing will start at 6:30 p,m. in the City Councif Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property wifhin two hundred (200) feet of the
subject property, the Planning and Zoning Commission would Irke to hear how you feel about this
request and invites you to atfend the pubtic hearing. Please, in order for your opinion to be taken into
account, return ihis form with your eomments prior fo the date of the public hearing. (7'his in no way
prohibits you from attending and participafing in the pub(ic hearing.) You may fax it to the number
located at the bottom or mail it to the address below or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Aftn: Johnna Matthews, Project Manager
These forms are used to calculate the percentage of landowners that support and oppose the
request. The Commission is informed of the percent of responses in support and in opposition.
Please circle one:
]n favor of request Neutral to requ Opposed tn requesf
Reasons for Opposi#ion:
- o
Signature: ~~'JV/.i, 2i.IL&
Printed Name: 1111/Tiq)
Mailing Address:
Cify, Sfate Zip:
,
Telephone Nurnber: /•~L'> 'J AA
Physical Address of Property wifhin 200 feet:
O
CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707
200' P&Z Notice
DRC Findings/Reconunendation Page 18 of 26
Case#: Z10-0012
.
,._...i......_.._- __.i. AWNS"
~I(I`Ad1012
Tho PIaiinlng and Zon[rmg Commession of` th-0 `lty Of Dt*ntnP: VAII ~~~ld a pUblic hearir~g on Wodt~~sda}{M
Janupry 2011 tra r€nnsider kit,~ ~ ~~~rnrrtendaflon to City Cound.l regiatdirrg #hv rezarrang n:f
approxafitLitety 0.26 atrop. af land Crorr~ a Nefghborhood k~o-Wdonfial 3 (,NR-3) zoning dslelaf mid use
classili~allon fo a Noighk~cho+vd Rerdentaal ~Mixed Us:e 12 (~ffRMU-'fZ) z€sning drstfici afoci ~so
c9aw3aficola'An. T#~e praperty is generdlly 1oCaEod on eas# sIdo ofi Bonn~o 13f~o StP~~ and
a}apftxA #v1y2'0q feQx sooih of the lnler~ed'se~~ Bonnie 13vop Stre€~t and F-rrrmy Strout.
T'h~ poblic heair1ng witf B#art at 6'10 P.M. ~n We Cily CntinGii Ctrararber.u of City Hall Ioealed at 215 L
%icKinrley S#racQr Dentuno 1'-e7Cas, ~~~avw ,YDy owrf purapar€y wd'ffiirr fwo ttc~nctfiod (200) foot ot t1~~
subjoet propertj*; (h~ ~~ann~ing and Zoning Commrssion wa(atd fike to hear how you frW 4butrl Mis
aaques~ and a'nvrles yvu €o attand ldo pukafie hearing, P1ease, iri order for ypur opiri9on to be taken iintd
account, ret€Lrn IM3 9orm M4h youf c~mmeoN pmior bo tha date of khe putfl:c hearirsg. (This in ri+a wiRy
Prohr~its yolx fta°aa aliendang and partrcioatdrig a°n #ho pubPrc hearing.) '~ou may 1'ox ii# to #he iitao'ruber
6orated at k~w b~~~om or ryiell fE !o ttyo address beIow or drtap k off I~-per;~on:
p'~aitr~~~~ and Developtniir,t Dopawtment
221 N. Eitn S'~
~ento41M TeMas 76201
Attn: ~ohn~na MalkFve+ws, F'rogecl 9WoLnagar
Ti~~~L, forms ara used #o vafi;vIata the patvett;t~~e of Iandowners 1hat st;tppor1 ond op~~~~ the
request, Tfha Comrr€Varflon Is Imm;form~d vf ft pe:rcer~t of r~~ponses Eru support ar.d an oppositiwi_
,7,-
- ~ ,
Cr~ t~w~R„
Reasons for Oppositlen.
Ptease c1=19 ailer
Nout,rql to r~quest Opposed #o request
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Pflttited Nr8CO7e:
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Gldy, State Zsp:
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okeptioriu Nurrbpro , ~
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PhysiQal. Addr€~ss c,f Properiy QhGrr 200 feet; / / 6, 0 A),
mm
~ CtrT`1+`OF DENTON, TEXAS 01r~HAU WESfi . t1CNTQN, 7°EXAS 76201 • 134G,34 U,0 tA 1 * (F) S4a~'.14!4.1?07
_ ~~~'P&z tvaff~
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DRC Findings/Reconunendation Page 19 of 26
Case#: Z10-0012
Exhibit 10
Site Photos
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n V•,
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'u•~ 1 '-.;1 ~ I ' I'~ \'„I~~ II ~d +.~y~~u~ ,\~.~~t ru'.~w" i~
u~
West side of Bonnie Brae loolcing east at eYisting single fainily hoine
DRC Findings/Reconunendation Page 20 of 26
Case#: Z10-0012
West side of Bonnie Brae loolcing east at the undeveloped portion of Janlce Addition, Bloclc 1,
Lot 1.
DRC Findings/Reconunendation Page 21 of 26
Case#: Z10-0012
West side of property looking east at the undeveloped tract
Photo taken east side of property looking west at Rayzor Ranch site
Exhibit 11
January 5, 2011 P& Z Minutes
P1.~~g and Zcriaing C~nunission Minu[es
T.°anm~ ~ 5 0 11
F'age 5 a f 6
5,. PT'BLICIiIE. NGS,.
A. Ha1d a ptib1ic hearing mad roiasider niikii7g a recoiaimen4~.~tiota ta C'itv L'otuaci1
r~g,arding the rezaring of ~pproriaiate1y 0.26 acres of 1and froti7 a'Neighbarhaod
Residential 3 ('°R-3) zoiiun~ ~.istrict ta• a ''~eng1~1~or~i~io~t l~eside~,tia1 Niixeci LTse 1`*
zoiliag district. '~e praperny i~ ¢enera11s.: 1aca#ed ail the east sicie o~
Bonnie Brae Street av,€~ a~Nproxua~.~tely 200 feet south of the intersecziau of Bonnie
Brie S[reet and Eiz~~ Stfeet. (Z10 01011 7anke Ad~°~itioia. Johana Matthews)
Ja1uma Mat[hews pres€nted rlais iten7 for a rezone to'INTh[CT-12_ 1he app1icant is reeluesting that
the prrtxperr,• be rezoiwd fron7:'vR-3 zoring district to.N-RMU-12. '~:khe property i;~ not p1itted and it
is cievelopeci -wi:rl~ ~sing1e f°unily dv~-e11ins! unit. which the applitaiat p1ans ta denio1ish. -ilYe
dwe11~~z was c~stnacted in 19?5. accordaag to tlle Dention C'ounry Appgksal Uistrict. Thi-s
propertv was rezoned in 2001by the cit7-4iricie rezoninv. -ibe apPhcmit is propasinE to ~eve1op
this site as asing1e story o~~~ builciusg. ho wever. this ic, laot binclizsge
Notificati~s wcre sent out.
Thirteen (13) 200 feet (Legal Notices)
Thirty-~evzn (3 7) 500 feet (Court~.sy Notices)
Receive,d one (1) respoiae in ~avar.
Recenveci zefo (0) respoi-Le5 in oppositian.
Received one (1) neutra1 respouse.
The Lbevelopu7€nit Review Couuruttee recoia~~end;app'°ova1 caf tlus recruest.
The applicant_ L.=v, Re:ic1iliau-t. Springbrcrok P1ant7ing Gfratap, s~.,oke in f3ve,r of the req=-aest. H-e
stated that t~~ey daci iaold a iieiglabar1iood meetin~ and c~iily €~e persoaa ;~~~owed.
~~ovei, „ +C"a °ssiarter- B'°i~~~ ~~~~~ey mo1°ed to appr-oi-e
Secocrete'°o C'o 's;doi~er ,Iay Thomas
Oi1 ro11 ca11 vote: Commissioner 7a v I"la~nhas "ave"- C~aimi.an Wa1ter Eagleton „aue=~
C'oi~m~ssi~er Biiaul Bentle~: ""a~=e°. int ~:Gi~missia~a~ P''atrice I:y~:e °aye`". J
Yas,se& 4r`0
DRC Findings/Reconunendation Page 22 of 26
Case#: Z10-0012
Exhibit 12
Ordinance
ORDI~~ANCE Na.
AN OR.~~~~~~NCE OF `r~~E CtI°Y OF ~ENTON, `aTXAS, PROVIDr~~~ FO~ ~ ~0N`rN_Ci
C.HANfaE FROb-I A NEIGHBORTIO01) RF,`~IDENTIA1[, 3 (NR_~) 70NINCI DiSrRICT'
UASSrr~~~~~~~ ~~D USIA MiStGN~~~~ION l.O ~ ~~IGt~lBORI.~~~~~ RE~~~~~~IAL
.ir^TlX.F:D 1;S,F.' 12 (1'e'R-MUm12) ZO141N~'~r DIS°9'RIC'I` CLASS1FICATTON Jk~JD U5L
~.~ES IGNATION . ON ~PPROXIM ATET.Y 01.26 ACRE'S OFLATtiD 3.OCA11:ar) O'~~ ~~IE EAS"T`
S1DE OF BO. ~IIA BRAF 5`mELT`AN1Jk ~~~ROXiMATEl.s'~ 200 i~EFI' SOLJTIl' OT FMERY
S`1`REE',T: PF~OVTIDING POR ~~NMI"I`4' f'w1 '1"flE MAXlt~IUM iALkIO'NI' OF S2,009M
F~R _VJO1.,.ATION S T~~=- OFW ~EVERABILITY AItiC] A~ ~~~~~Y-.'CTIVE DA`1..L (Z 10-00 12),
WI~EREAS, T am Reie6iharC, has, applied T-()r ~ ~~angein 7so-n;ng for alaproxiotiake[y 0.26
acres of land a~~~~~~~ describeci. iri Exhibit "A,,`, attacf~ed her~to and, in~~~~rat.ed herei~~ by
sef~~~ncc (hercinafeer, tho '`Px~~crty°') ftom a Neighborhood Resi.dent€a1 3 (lti~-3) zDnimg disftiavt
c1~~ificatiot5 eatA LiSe deSigZiation w a Neighh~jrhir~id ~e-sidentfia1' Mixeri Li'su 12 (NTtMU-12)
zoning district clas.sificatiot~ ~ U*' daqign4ta0ns ~~d
WHEFtf:AS, on January 5. '11:1011, the Plaruni~g and fA)ning {"oznmiss.~on r~co~~in~~~~~~
~~~~ovaE of the c]~~~~~ ~onhig; and
WHEREAS, the Cit~ Ctituacil finds r.hat the ~hange i:~ consastent "`sth the Denton T'lan
arad the. De,~~~~~pt~~~~~ ~ode: NOW, `C1°E,.RJ'OR.E,
THE~~~NCIL OF THE C1I"Y OF DENTON I EET~EBY ORDAINS.
~EC'`I`TON l. Tbe find:i.grgs a.x~~ ~~eelta.tior~s contaioxeel in the preasnN e o f tliis o~rdir~ance are
ineorporair:;d hcr ~.°~zi by rt-fer~~~e a-q true_
Si~C"l`EON, 2, "l'he zoning disvict classitical:ion a~~~~ use desi~~atior~ for the Property is
hereby t~~ged from :vcighboz--~~od Res~~~~~ia~ 3 (N'R-3) 4o Noigkaborh~.~od Resadential 1vfix~d
U",w t2 (NR,.N11:-l2), ~otwithstar~~ing die attac:~~~ rea1 propert~ ~~senptityrri, the pa~~pelty tvin~;
rczoi~cd inclades all property to tk,e ccnterline of a.11 a6,aacent _qweet: ri~~,115-(4=way,
SECTtON 3. T3~e Ci.tyk~ offici~ lahd use ma; i~ sn~~~de'A to shr,w the change ii~ the 1anc~
use designation.
5E~~~~~1+; If any ~++~ovision of this ordit~~co ar rfi+~ ~pp1ication fli-creof to any persrari
tir ci.rcumstanc;~ is~ hc}d inva1id. ka~ ~ny cmirl:, skiela invalida~y slial1 n, ot affect the va1ielity of ather
provisiors e.~~ ~~~icatioans, and to this =4 the proviqooiis of t:his owdi.~~ance ar~ ~everable,
SF.CTION 5~ Any• ~~rwn vioCating any provisaon of thia iir-danammce sha3lx uporu
convicdion, b~ fin~~ a suni not ~xce-eding S2m00O,C.(7, Fxucly. &LY tha.t a provfsion af ~~~s ordir.tance
is vio~la#ed sh6;~~l c.onsfitute a separate and distinct t~fkmsc.
DRC Findings/Reconunendation Page 23 of 26
Case#: Z10-0012
SECTIC)N 6,. 1lhi:w ozdiri.ance sba11 become effective tburteen (14) days, f~om, the clate of
i~s pa.~~gc, a~~ the Cilys ~ec~~ary i~ ~~~~b~y directed to cause th~ QapTaon of ~~i,-, or,danaace to be
pubiiiih~~ lwcc in t~~ Denton F~~curd-Chrc~~icle, a c9alty r~~~~SPaPCr publa.shed in 1~~c Cit'y of
Denton. I"exas, within ten (10) ~ays cal ~he daie +of ii:;, passage.
PASSED AND APPROVED thi% the day czi' , 2011.
MARKuA_ Bi.1RR.O'[.IGIlS. IAA'k'OR
Al°t`f:;S"P-
JENNIFLR WALM h,. d-ITY SE,...kL`I'ARY
B4F;
APPRC~VF~ ~~S-T~~~A'Js
AN1"T"}~ ~BVTMESS, cn,Y Al-l,.~~~NE-Y
DRC Findings/Reconunendation Page 24 of 26
Case#: Z10-0012
IE~~~~IT A
LEGAL DESCRIPTION
F~ELD NOI4ES,
A1l th~~ ~e.,-tain loG} tract or p:~~~~ of iand lyir~ arid bcitig situated in Denton
Coun%v, T"~~~s and being a part of tla~ ~obert Beaumont Sur~eyr Abstract Number
31 anti being al1 of the cal1~d 0.267 acre tract of lazid c:on~~eyed, to Scott K. ~~own
ar~d. wite, Shari L. ~~om Mitche11 l'ocid Brown and Shannon L,eslie Stone
~~,ed recorded in Countw Clerks file number 96-R0053782, R=eal Property I~~cords,
I~en~~n C'ounty, T~xas and, being ntor~ ~articu1arly deserib€~~ ~~~~~es and bounds
as fol.~ows;
BEGINNI.LN~ ~t a Y8 rrych iror~ ~~d found ir~ the Eask. Iine of Borinic Brac atreet
saane keing tYie Notthwest ~~~er of said 0.1-67 ~cre #ract and the Souih~~~~t cort~er
of Lot 1, 13lock Windsor HaI.I Additiot~ according to the ptat recorded in Cat~irtct.
K, Slide Plat ~~cords, M~~~~n Ce~~~ttyp1'exasa
T .N~E Nort~ ~egree~ ~~~~~~~~s'-32 ~~~~~ds East za. d~~tance of 131,91 fi~et
ta a. 3 'ti'g itich iron rod tbund at the ;rlortheast corrier oI° said 0,267 acM-e ti-act and al so
heing the Sotatheast cearner of said Lot l, B]~~ck A# cif said Witie~~~r Hall Addit,iona
NICE St~~~ dc~~es 36 minutes 16 s~~~nds East, alo~g the East lirr.e of said
0,267 ~~ri: trael, a di~ cc of 87.74 #~et ~o a lA.; inch iron rod f'6ux~~ ~~~thea~t
wmer of said 0m267 ~~~e tract¢
TI-ENCE South 89 degrees 03 niinu~~~ ~econds West, a]ong, the '~~uth iinc of
said 0.267 acre trz~ct a di~tance of 132.20 feet to a, ~~~ch ia~~~ ~od found the
Southw~~~ corner nf said 0267 acre tract cl in the East line o# said Bor~ni~
Streez;
"1-111;N~.~~ North 00 de,~~ees 2-5 rni~~~~~~ ~econds West, along t~e E-ast line ot
sai:~ ~onnie Brae Street and t~e Wc~~st 1~nc, of said 0.2~7 acre tract a distaaree ot,
87.85 feet to the FO : OF BEGI'NIN~"`r and contaiiiiEig 0.26 of ~cre of land
rriore or less.
DRC Findiiigs/Reconunendation Page 2-5 of 26
Case#: Z10-0012
EX.HI$IT B
LOCA"~~ON N'~~~I"
DRC Findings/Reconunendation Page 26 of 26
Case#: Z10-0012
AGENDA INFORMATION SHEET
AGENDA DATE: Febniary 1, 2011
DEPARTMENT: Parlcs atid Recreation Department
ACM: Fred Greene '
SUBJECT
Hold a public hearing and consider adoption of an Ordinance granting approval of a sub-
surface use of a portion of Qualcertown Parlc for the purpose of a sewer line easeinent in
accordance with Chapter 26 of the TeYas Parlcs and Wildlife Code; providing for the
issuance of a sewer easement; and providing an effective date. (Parlcs, Recreation and
Beautification Board recommends approval with a vote of 6-0. )
BACKGROUND
The City of Denton Muiucipal Utilities has requested the use of parldand for the purpose
stated, in order to relocate utilities across Qualcertown Parlc.
State law as defined in Chapter 26, Protectioil (?f Pifblic Pcrrk.s crilc! Rec•recrtioilcrl Lcrmls,
of the Texas Parks and Wildlife Code requires that:
(a) a nzimicil)ality (?f this state nzal, raot al)l)r•oi,e aral,l)rogr•anz or•l)r•oject that r•equir•es
tl?E' 1lSE' 01' tqkll?g Of ql?I' p11bJ1C Jql?d GlE?Slgl?qtE?d ql?d 1lSE?dp1'101' t0 tl?E' q1'1'ql?gE'1??E'1?t
of the pi•ogi•a1Ti oi• project as a pai•k 1rriless the 1n1micipality, actirig thi•olrgh its
cliill, airthor•i.:ec1 goi,errairag bocll, or• officer•, cleter•nziraes tllat:
(1) tlier•e is rao feasible araclln•itclerat alter•raatii,e to the itse or• takirag (?f sitch
Jql?Gl; ql?d
(2) tl?E' pI'Og1'ql?? 01' pI'OjE?Ct 11?CJ1lGlE?S qJJ 1'E?qS01?qbJE' pJqI?1?ll?g t0 1??ll?ll??l'E'
har•nz to the laracl, as a l)ar•k, r•esi1ltirag f~'onz the itse or takirag.
(b) Afiraclirag nzc~l, be nzacle oralv qfter• raotice aracl a hearirag as r•eqiJir•ec1 bl, tllis
chapter. "
If the proposed utility easement is allowed, a value must be placed on the 1,083 linear
feet, 0.695-acre section and charged to the City of Denton Muiucipal Utilities. lii
addition, land disturbed in the Park will be returned to its original condition.
Parlcs and Recreation Departinent and the City of Denton Engineering staff have
reviewed all other possible alternatives. These alternatives included:
• Select another route through the city that would by-pass the Park area. A routing
study was conducted. A normal gravity flow line currently eYists across the parlc area.
There may not be another gravity flow route.
• Permit the proposed routing of the sewer easement across the Park area to connect
with an eYisting easement passing through the Parlc areas. After review of options, it
appears tlus is the most pnident and cost effective way to provide a major gravity
sewer line to this part of the city.
Agenda liiformation Sheet
Febniary 1, 2011
Page 2
OPTIONS
Because alternatives to the easement are not feasible or pnident, the best option is to
approve the easement use as proposed.
RECOMMENDATION
After reviewing all alternatives, staff recommends approval of the use of Qualcertown
Park for the sewer line easement along the Pecan Creek chaiuiel. There will be no major
iinpact on current parlc operations or prograins. Efforts will be inade to not disnipt special
annual events between March and July. The Parks and Recreation Department confirms
that the City of Denton has investigated all other alternatives and has used reasonable
plaiuung to miiumize harm to the land.
ESTIMATED SCHEDULE OF PROJECT
Constniction is projected to be~in in the summer 2011.
PRIOR ACTION/REVIEW
The Parlcs, Recreation and Beautification Board recommended approval of tlus sewer line
easement at a meeting on January 10, 21011.
FISCAL INFORMATION
Compensation related to this use is still under discussion with Denton Municipal Utilities.
It is reasonable to eYpect that improvements directly related to programs and/or facilities
in the Qualcertown Parlc will be provided.
BID INFORMATION
Not applicable
EYHIBITS
1. Ordinance
2. Map
3. Parks, Recreation and Beautification Board Minutes of January 10, 2011
Respectfully Submitted:
&,MA011'- tk i 0 W-4 .
Emerson Vorel, Director
Parks atid Recreation Department
Prepared by:
`
Bob Tickner, Superintendent
Parks atid Recreation Department
s:llegallour documentslordinat►cesll Ilchap 26 ordinancequalcertown park sewer easement 2-1-1 l.doc
ORDINANCE NO.
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF APORTZ4N 4F
QUAKERTOWN PARK FOR THE PURPOSE OF A SEWER LINE EASEMENT IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE;
PROVIDING FOR A SEWER LINE EASEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 26.001 of the Texas Parks af Wildlife Cade pravides that public
land designated and used as a park may be used far a non-park purpose if the City Council fnds
after natice and hearing that there is not feasible and prudent alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planning to minimize
harm to the park resulting from such use; and
WHEREAS, the City of Denton desires to provide far a required sewer easement of
approximately 10$3 linear feet across the park for sewer service; and
WHEREAS, Denton Wastewater Utilities desires to construct an underground sewer
transmission line across Quakertown Park since alternative optfons would not he feasible and
prudent; and
WHEREAS, the City provided notice in the Denton Record-Chronicle an January 11, 18,
and 25, 2011 of a Public Hearing to be held on February 1, 2011 in the Council Chambers to
consider the alternatives to the use of Quakertown Park for the subject sewer easement; and
WHEREAS, the City Council on Februaty 1, 2011 received testimony at a public hearing
on the issues of na feasibie and prudent alternative to the use of the property for the proposed
project and that the project includes all reasonable planling to minimize harm to Quakertown
Park resulting from the sewer easement; and
WHEREAS, the City Council finds that the project does nat fall within the purview of
Section 253.001 af the Texas Local Government Cade; and
WHEREAS, the City Council f nds that there is no feasible and pzudent alternative to the
use of the park land and that the subject sewer line project includes all reasonable planning to
minimize harm to the park as a result of the project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The Sewer Easement and sewer transmission line proposed by Denton
Wastewater Utiiities (the "Project") shall be constructed and mazntained below the surface of the
park property described in Exhibit "A," which is attached hereto and made a part hereof far ali
purposes, and that the surface of the park after installation of the sewer tine shall be constructed
in a manner so that the park land may still be used for landscape plantings, fencing, signage, park
S:1L.cg2llOw DocumentlOtdirmmV 15Chsp26 Ordinan Q~l~-Aawn Park Sewer 2asenunt2-1-I1.doc
related utilities, ternporary facilities, which uses are hereby expressly approved and authorized,
as necessary after completion of the Project in the same manner it was used prior to the Project.
SECTION 2. A sewer easemen.t shall be signed by the City Manager, ox his designee,
and approved bp the City Attorney allawing the use af the park property for the Project as
referenced above with appropriate provision to insure the improvements are construc#ed in
accordance with City Subdivision Rules and Regulations; protects the patrans using the park
from injury and damage both during and after construction af the Project; compensates for the
reasonable market value of the use herein granted and generally protect the health, safety and
general welfare of the Ciry.
SECTION 3. During construction of the Project, temparary use of such additional park
land necessary to stage the construction of the improvements may be approved by the Director of
ParkS and Recreation Department. However, at the completion af the construction activities for
the Praject such additional park land shall be restored to the condition to which it existed prior to
the beginning of such construction activrties.
SECTION 4. The rights and benefits set forth in this ordinance may not he assigned
without the express written consent of the City.
SECTION 5. The findings contazned in the preamble of this ordinance are incorparated
into the body of this ordinance.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this tbe
day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGES S, CITY ATTORNEY
By: 11-V ;
~
Page 2 of 2
Exhiait A
IN rt -iur Surveying Co., nc.
F~-ofessionat L.-Ana surveyors
P.O. Box 54 - Lewisville, Texas 75067
Uffice: (472) 221-9439 - Fax: (972) 221-4675
SANI`i'ARY SEWER EA,SEMENT
0.695 ACRES
CTTY OF DENTON, DENTON COUNTY, TEXAS
SEING ail that certain lot, tract or pa~rccel of land siiuated in the B.B.B. and C. R.R. Company
Survey, Abstract Number 185, City of Denton; Denton County, Texas, aud being a part of the W.
M. Jagae's Addition, an additian to the City of Denton, Denton Coumy, Texas, according to the
nnap thereof recarded in Volume 58; Page 532 of the Deed Records of Denton Cou.aty;- Texas, and
being a part of Geers Adrlition, an addi#ion to the City of llenton, Denton County, Texas,
accdrcling to the plat thereof recnrded in Book Q, page 86 ofthe Deed Records of Denton County,
Texas, said prnperties commonly known as Quakertown Fark, being more particularly described
as follows;
CONIlI+IENCING at a point in the sotith line of Withers Street, a public roadway, and the
apparendprescriptive east line of Oaktand Street, a public roadway, sa.id point atso beiag the
northwest corner of said Quakertow3n Pa.rk;
THENCE Sautti Ofl degrees 06 minutes 18 seconcts East, with said east line of said Oaklattd
Street, a distance of 620.08 feek to the PQIW OF BEGINNIlNG;
THENCE over, through a:n,d across saici Qualtertown park the fotlowing eleven (11) ealls:
South 90 degrees QO rninutes 00 seconds East, a distance of 8.79 feet to a poin:t fnr
corner;
South 70 deg,rees 52 minutes 43 secands East; x distarice of 223.83 feet to a point for
co:rner
rthur Surveying Co., -nc.
Rx9vfess.ioxxa l X:ana suxveyvrs
P.O, Bax 54 -.I;ewisvitle, Texas 75067 .
Office: (972) 221-3439 Fax: (972) 221-4675
South 70 degrees 52 minutes 43 seconds East, a distanee of 11.93 feet to a point far
corner;
South .13 degrees 53 minutes 54 seconds East, a distance of 97.08 feet to a point for
corner; Sauth 62 degreea 55 minutes Ol second East, a distance of 264.29 feet to a point for
comer;
South SO degroes 23 minutes 02 seconds East, a.distauce of 225.82 faet to a point in the
. apparent/pteseriptive west line of BeII Avenue, a public roadway, said point also being at
the begirming of a non-tangent curve to the right having a raciius of 390.00 feet;
; THENCE continuing with said curve an arc lengtln of 30.84 feet, having a delta angle of 04
degrees 31 minutes 53 seconds, whase chard bears SoutEt, 26 degrees 14 minutes 3$ seconds
, West, a distance of 30.84 feet ta a point for corner;
THENCE over, through and across said Quakertown Park the following five (5) ca1ls:
North 50 degrees 23 mi.nutes 02 seconds West, a distance nf 229.65 feeet ta a point far
.
comer;
North 62 degrees 55 minutes 01 second West, a distaztce of 274.67 feet to a point for
. .
comer;
North 13 degrees 53 minates 54 seconds West, a distaiice of 94.47 feet to a point for
comer;
North 74 degrees 52 minuies 43 seconds West, a distance of 238.28 feet to a poinf for
comer;
North 90 degrces 00 minutes DD seconds West, a distance of 435 feet ta a poitnt in the ,
apparendprescriptive east line nf said Oakland Suw; said poiirat also being at the
beginning of a non tangent curve to the left having a radius of 244.00 feet;
THENCE crnntinuing with said curve an arc length of 1$.05 feet, having a delta angle af 04
degrees 14 minutes 23 seconds, wbase chord bears North 02 degrees 00 minutss 53 seconds East,
a distance of 18.05 feet to a point for comer;
TFUNCE North 04 degrees 06 minutes 18 seconc€s West; contiauing with said east line af :said•
Oakland Street, a distance of 11.96 feet #a the PUIIVT UF BEGIIVNING, ta.ining 4.595
acres of Isnd, more or less.
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Quakertown Park
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Par1Ls, Recreation and Beautification Board
Minutes
January 10, 2011
Civic Center Commuiuty Room
DRAFT
Members present: Cuol Brantley, Vicki BN rd, Alei Lieban, J1net Shelton, Dave Roivley, Jennifer Wages
Members absent: Derriclc Murr3v
Staff present: Emerson Vorel, Amanda Green, Bob Ticlaier, Juii Mays, Maiy Aulcerman,
REGULAR MEETING
1. CALL TO ORDER - Carol Brantley, Vice Chairperson, called the meeting to order at 6: t_)t_) p.m.
2. APPROVAL OF MINUTES OF October 4, 2010 MEETING: Brantlev aslced the Boud to loolc over the
ninutes for changes. Heasing none, RoN-,1eN- made a motion that the ninutes be accepted as Nvritten, Wages
seconded the motion and it carried Nvith a vote of 6-0.
3. AWARDS AND RECOGNITIONS:
Jim Mays introduced the members of the City of Denton team that won first place at the 2010
TeYas Recreation and Parlcs Society Regions 3 Parlc Rodeo. Present were Plullip Gill,
Charles Buris, Geoff Coffinan, Jordan Sloggett, Dan Broclcett and Gerald Olson. Tlus is the
fourth tiine Denton has won Over All in their division.
4. ACTION ITEMS:
A. 2011 Meeting Dates for the Parks, Recreation and Beautification Board - A fuial vote Nvas needed to
formally adopt the Parlc Board meetiug schedule for 2011.
MOTION: RoN-, 1eN- made the motion to adopt the calendar as outlined, Shelton seconded the motion and
it carried ivith a vote of 6-0.
B. Chapter 26: Quakertown Park Pecan Creek Sanitary Sewer Denton - Ticlaier brought forth
3 request from the Citv of Denton Municipal Utilities. Jim Wilder, Citv of Denton Engineering, iv3s
present to answer questions. He explained that the current system is outdated and the new 36" line will help
relieve the svstem. The old 15 ' line will remain; the Denton Senior Center is connected to the old line. He
outlined the seven month timeframe as folloivs, bids should be let in Much, contractor should be selected
by May, and construction should start in June, at the easliest. Tlus construction schedule should not uiipact
events that are scheduled for 2011. When aslced if tlus Nvill adversely affect the Denton Senior Center, N1r.
Wilder said that no closures ue anticipated for that center and a separate constniction entrance ivill be
provided. The neN-, system Nvill run alongside the chasmel and has been positioned to alloN-, for future
v6dening of the chlrulel. When asked if anNthing ivould be visible from the nev, line, Wilder eiplained that
nev, inlnholes ivould be about 1 foot above grade. Mays said that these ivould be baclcfilled to avoid a
tripping hazard.
MOTION: When all questions had been ans-,vered satisfactorily, Brantley aslced for a motion to move
aliead ~-,ith the vote. Wages made a motion to malce the reconuiiendation to City Council to approve the
nev, line as laid out. Lieban seconded the motion and it carried ivith a vote of 6-0.
5. DISCUSSION ITEMS:
A. Conversion of Mack Park Tennis Courts to Multipurpose Courts - Vorel stated that a request had
been made to allov, for a multipurpose court for bicycle polo, roller hockey, hard court soccer and
slcate boardiug to be played -,-,ithout the obstruction of the teiulis nets. Nathaniel Lightfoot Nvas present
representiug the bicycle polo enthusiasts and he ai-ticulated their need and ho-,-, the modifications
ivould benefit that sport, v, hich is gaining a large folloiving in the Denton area as ivell as ivorldivide.
Vorel presented slides of activity caught with a"game" camera and there was little to no activity
during the previous month. Almost eveiv Park Board member had a comment on the change, but in
the end, the consensus 'kvas that a grokviug segment of the population has no place to gather and tlus
ivould be the ideal situation since the courts ivould need to be resurfaced for tennis, but not as a
multipurpose court, as proposed. If converted to the multipurpose courts, lighting ivill be added but
Nvi11 not adverselv affect the neighborhood. Tlus item N~i11 not be brought forth as an action item to
Park Board, but input was sought so that staff can malce an informed decision.
B. Denton Branch Rail Trail Bridge over Loop 288 - Ticlcner iutroduced Iieith Burldiolder of
Loclcivood, Andrews and Nevnam, Inc. v,ho is the engineer ivorlcing ivith the City on this project.
Ticlcner presented ri-,o types of bridges that are beiug considered, a tunable bridge and a bo-,-, truss
bridge. Neither bridge has a center pier and Nvi11 most lilcely be slupped to the site in pieces that Nvill be
ivelded together and then raised at one time. The 15() foot bridge ivill have a 3.5 percent slope on the
ends and Nvith the slopes Nvi11 be about 793 feet. Stairs Nvi11 also alloN-, access to the bridge. We are still
loolciug at the finish on the bridge, as to -,-,hether to use weathering steel (COR-TEN Steel) that
nists until it seals its surface, as opposed to paiutiug it. It Nvi11 also hatire some lciud of enclosure to
keep things from being throvm at cars belov,.
C. Tour of Park Properties - Vorel NN anted to offer the opportunity for the Park Board to hatire a guided
tour of properties and facilities that are ovned and maintained by the City. He offered a van, driver
and to be the tour guide should the offer be accepted. We vdlllceep tlus option on the table.
6. OTHER BUSINESS:
A. Parks Department Projects Status Report
Briercliff Pccrk Desigsi ccsid Developniesit Project - Tlus project is veiy nearly fwished, Nvith just
grass needing to be sovn. The project ivas built ivith Parlc Development fiinds, so no tai dollars
ivere used.
Neiglaborlaood Pccrk Desigsi: SPCErsiest W. Dccllas Jr. Veterccsis Menioriccl Pccrk, (hrslet' Pccrk, ccsid
Wlaeeler Riclge - As an update to the projects, it is anticipated that the SPC Ernest W. Dallas Jr.
Veterans Memorial Park ivill go out for bids in May or June, the Wheeler Ridge ivallcing trail ivill bid in
late spring and Ov,sley Parlc ivill bid in mid-August so as not to interfere with summer children's
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B. Public Art Committee Meeting Minutes Draft - From the October 14, 20 1(_) meeting miuutes draft;
Poet Laiireate Pi°oject ~S'elect Coyiuiiittee Meyiiber. Vorel stated that he is meeting Nvith the HOT
Funds Conuiuttee on Tuesday, Januaiy 11, 2011, to see about the funding for the 25 poems about Denton
by TeYas Poet Laureate, ILarla Morton, and the illustrations to accompany them to be bound iu a boolc
for sale to the public. After the publication is printed, the worlcs will be on eYlubit at the Greater
Denton Arts Council and added to the City's public art collection.
With no furkher items on the agenda, Brantley aslced for a motion to adj ourn the meeting. Liebau made the
motion to adjourn, Wages seconded and the meeting NNas adjourned at 7:18 p.m.