HomeMy WebLinkAboutSeptember 6, 2011 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
September 6, 2011
After determining that a quorum is present, the City Council of the City of Denton, Texas will
3:30 p.m.
convene in a Work Session on Tuesday, September 6, 2011 at 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 September 6, 2011.
3. Receive a report, hold a discussion, and give staff direction on the FY 2011-12 Proposed
Budget, Capital Improvement Program, and Five-Year Financial Forecast.
4. Receive a report, hold a discussion and give staff direction regarding the Aesthetic Study
that the Texas Department of Transportation (TxDOT) is preparing for the IH-35
expansion project.
5. Receive a report, hold a discussion and give staff direction regarding a proposed
ordinance which establishes child safety zones within the City of Denton in which certain
registered sex offenders may not legally reside.
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 Section 551.086.
1. Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric (“DME”) for the
upcoming fiscal year, including without limitation, revenues, expenses,
commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
City of Denton City Council Agenda
September 6, 2011
Page 2
2. Receive a status report and further presentation from staff regarding public
power competitive and financial matters regarding the possible
construction and installation of a state-of-the-art combined heat and power
(CHP) tri-generation station, and associated structures including a
proposed natural gas pipeline, 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.
B.Consultation with Attorneys – Under Texas Government Code Section 551.071.
1. Receive a status report regarding the litigation entitled:The University of
North Texas, Appellant v. The City of Denton, Texas, Appellee,Cause
No. 02-09-00395-CV, now pending before the Fort Worth Court of
Appeals; 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 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.
C.Deliberations regarding Real Property – Under Texas Government Code Section
551.072; Consultation with Attorneys – Under Texas Government Code Section
551.071.
1.Discuss, deliberate, and receive information from Staff and provide Staff
with direction pertaining to the acquisition or the condemnation of fee
simple tracts, permanent drainage easement tracts and temporary
construction easement tracts for the Mayhill Road Widening and
Improvements project, affecting real property tracts in the D. Hough
Survey, Abstract No. 646, the M.E.P. & P.R.R. Surveys, Abstract Nos.
927and 950, the D. Lambert Survey, Abstract No. 784, the G. Walker
Survey, Abstract 1330, and the J. Brandon Survey, Abstract No. 1515, in
the City and County of Denton, Texas. Consultation with the City’s
attorneys regarding legal issues associated with the acquisition or
condemnation of the tracts referenced above where a public discussion of
these legal matters would conflict with the duty of the City’s attorneys to
the Denton City Council and the City of Denton, Texas under the Texas
Rules of Disciplinary Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in any administrative proceedings or
potential litigation.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS
GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
City of Denton City Council Agenda
September 6, 2011
Page 3
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. POSTING OF COLORS
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The Fire Department Honor Guard posting of colors in remembrance of the 10
anniversary of the 911 attacks.
2. 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.”
3. PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
1. Constitution Week
2.Friday is UNT Pride Day 2011
3.Leukemia, Lymphoma & Myeloma Awareness Month
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4.National Moment of Remembrance of the 10 Anniversary of September
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4. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Rebecca Smith-Murdock regarding a Denton Smoke-Free city ordinance.
2. Hannah Murdock regarding a comprehensive smoke-free ordinance for
Denton.
3. Bob Clifton regarding the proposed budget.
5. 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.
City of Denton City Council Agenda
September 6, 2011
Page 4
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – C). 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 – C below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to enter into a development agreement between the City of Denton and
ULE, L.L.C. for the dedication of park land and construction of trails at a
neighborhood park at the Unicorn Lake Estates Subdivision; authorizing
acceptance of land and improvements; and providing an effective date. The
Parks, Recreation and Beautification Board recommends approval (5-0).
B.Consider approval of the minutes of:
July 12, 2011
July 19, 2011
C.Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement with CP&Y, Inc. of Dallas, Texas for
engineering services and consulting services associated with Tasks 2 through 4 of
the City of Denton’s Municipal Solid Waste (MSW) Facility Permit# 1590A, and
providing an effective date (File 4683 – in an amount not to exceed $865,880.00.)
The Public Utilities Board recommends approval (5-0).
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A.Consider nominations/appointments to the City’s boards and commissions.
1.Animal Shelter Advisory Committee
2.Health & Building Standards Commission
3.Historic Landmark Commission
4.Public Art Committee
5.Traffic Safety Commission
6.Zoning Board of Adjustment
7.PUBLIC HEARINGS
A.Hold a public hearing and consider adoption of an ordinance of the City of
Denton Texas, providing for a zoning change from Downtown Residential 1 (DR-
1) zoning district classification and use designation to Downtown Commercial
General (DC-G) zoning district classification and use designation, on 2.5 acres,
legally described as Lots 2-9, Block B, Paul Hamilton Addition, in the City of
Denton, Denton County, Texas; providing for penalty in the maximum amount of
$2,000.00 for violations thereof; providing a severability clause and an effective
date.(Z11-0006) The Planning and Zoning Commission recommends approval
D20%
(7-0.)
UE TO THE OPPOSITION OF MORE THAN OF THE LAND AREA WITHIN
200,C
FEET OF THE SUBJECT PROPERTY A SUPER MAJORITY VOTE OF THE ITY
C.
OUNCIL WILL BE REQUIRED TO APPROVE THIS REQUEST
City of Denton City Council Agenda
September 6, 2011
Page 5
B.Hold a public hearing and receive citizen input on the FY 2011-12 Proposed
Budget.
8. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Hatice Salih regarding the proposed budget.
2. Melissa Rodriguez concerning a smoke free Denton.
9. 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
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.)
__________________________________________
CITYSECRETARY
NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEINACCORDANCE
WITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILLPROVIDESIGNLANGUAGE
INTERPRETERSFORTHEHEARINGIMPAIREDIFREQUESTEDATLEAST48HOURSINADVANCEOF
THESCHEDULEDMEETING.PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE
TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY-TXSOTHATA
SIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHECITYSECRETARY’SOFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Receive a report, hold a discussion, and give staff direction on the FY 2011-12 Proposed Budget,
Capital Improvement Program, and Five-Year Financial Forecast.
BACKGROUND
The FY 2011-12 City Manager’s Proposed Budget was submitted to the City Council on July 29.
Staff provided the City Council with a comprehensive overview of the proposed budget at a
Budget Work Session on August 4, 2011. The Proposed Budget was discussed again on August
9 and August 16. On August 16, staff also provided a memorandum responding to various
questions regarding the Proposed Budget.
Proposed Budget Revisions
Since the Proposed Budget was presented at the end of July, changes have been recommended by
the City Council. Below is a summary of the changes that we are planning to incorporate into
the final version of the budget that will be presented to the City Council for consideration on
September 20.
General Fund
Due to an increase in the sales tax forecast, staff increased the level of funding for Council
initiatives from the proposed amount of $192,616 to $333,676. As discussed during the August
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16 meeting, these funds can be used for additional street maintenance, the implementation of
the bike plan, additional traffic signals, Denton County Transportation Authority (DCTA)
downtown shuttle operating costs, or any other City Council priority. However, since exact cost
information on these programs is not yet available, staff was directed to include these funds in
the non-departmental budget for the General Fund. Once additional details are known, staff will
bring these items back to the City Council for their consideration at that time.
Additionally, the City Council has directed staff to increase the level of funding for street
maintenance activities. In the City Manager’s FY 2011-12 Proposed Budget, 25% of the growth
in franchise fees compared to the FY 2010-11 budget amount was recommended to be
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transferred to the Street Improvement Fund. As discussed on August 16, the City Council has
directed staff to transfer 100% of the growth in franchise fees (compared to the FY 2010-11
budget) to the Street Improvement Fund. For FY 2011-12, this will reduce General Fund
Agenda Information Sheet
September 6, 2011
Page 2
franchise fee revenue by $439,827 and increase street maintenance funding by the same amount
in the Street Improvement Fund.
Further, since the level of expenditures in the Street Improvement Fund is being increased, the
General Fund will be required to transfer additional one-time resources to establish a fund
balance equivalent to 15% of expenditures in the Street Improvement Fund. Accordingly, the
General Fund will increase the one-time transfer of funds from the proposed amount of $855,805
to $921,779, a difference of $65,974.
In the General Fund, the expenditure budget for FY 2011-12 will be increased from the original
proposed amount of $88,255,716 to $88,462,750. Due to various changes outlined above, the
General Fund revenue budget for FY 2011-12 will also decrease from the proposed amount of
$87,171,622 to $86,872,855 (excluding use of reserves).
The below table indicates the changes that are being incorporated.
City Manager’s Proposed FY 2011-12 Revenue Budget $87,171,622
Increase sales tax revenues$141,060
Decrease franchise fee revenue share for General Fund ($439,827)
Use of Reserves ($1,084,094 in Proposed Budget) $1,589,895
Total Revised FY 2011-12 Proposed Revenue Budget $88,462,750
City Manager’s Proposed FY 2011-12 Expenditure Budget $88,255,716
Increase in Council Initiatives$141,060
Increase in one-time transfer to Street Improvement Fund $65,974
Total Revised FY 2011-12 Proposed Expenditure Budget $88,462,750
The long-term impact of these changes is shown in the updated General Fund Five Year Forecast
that is attached as Exhibit 1. In addition, the following changes have also been made based on
City Council direction received during the August 16 budget discussion:
Street Improvement Fund:
City Manager’s Proposed FY 2011-12 Revenue Budget $6,561,171
Increased franchise fee revenues$439,827
Increase in one-time transfer from the General Fund $65,974
Total Revised FY 2011-12 Proposed Revenue Budget $7,066,972
City Manager’s Proposed FY 2011-12 Expenditure Budget $5,705,366
Increased street maintenance funding $439,827
Total Revised FY 2011-12 Proposed Expenditure Budget $6,145,193
Agenda Information Sheet
September 6, 2011
Page 3
Non-Airport Gas Well Fund:
City Manager’s Proposed FY 2011-12 Expenditure Budget $600,000
Increased expenses for potential property purchase $1,000,000
Total Revised FY 2011-12 Proposed Expenditure Budget $1,600,000
Finally, the Tourist and Convention Fund expenditure budget was increased from $1,315,060 to
$1,315,360 to correct an error in the Denton Holiday Festival Association budget. All of the
above changes are reflected in the attached Budget Resource and Expenditure Summary (Exhibit
2). In summary, the total revised City of Denton budget is recommended to increase by
$1,647,161 to $587,028,209 compared to the City Manager’s Proposed Budget of $585,381,048.
The revised budget and tax rate will be presented for adoption to the City Council on September
20.
Budget Adoption Schedule
The purpose of this agenda item is to provide the City Council with the above described
information concerning the Proposed Budget and allow an additional opportunity for questions
and dialogue.
Below is the schedule we will follow to adopt the budget and tax rate:
September 6 Public Hearing on Proposed Budget
September 13 Budget Work Session
September 20 City Council Adopts Budget and Tax rate
I look forward to discussing the budget materials in detail with you. If you have any questions,
or need additional information, please let me know.
EXHIBITS
Exhibit 1 – Revised FY 2011-12 General Fund Five Year Forecast
Exhibit 2 – Revised FY 2011-12 Budget Resources and Expenditure Summary
Respectfully Submitted By:
Bryan Langley
Chief Financial Officer
EXHIBIT 2
BUDGET RESOURCE & EXPENDITURE SUMMARY
2011-12
2009-102010-112010-112011-12
RESOURCES ACTUALBUDGETESTIMATE PROPOSED
General Fund $ 87,026,944$ 90,016,715$ 90,023,923$ 88,462,750
General Debt Service Fund 18,942,345 31,671,393 31,226,285 39,575,035
Electric Fund 119,358,621 147,469,327 128,336,075 142,027,668
Water Fund 39,635,610 38,952,688 36,269,028 38,740,430
Wastewater Fund 22,201,726 25,071,396 23,411,715 25,105,047
Solid Waste Fund 18,708,315 21,128,866 20,904,248 23,073,303
(1)
Airport Fund
4,679,350 3,769,658 2,820,316 2,170,000
Technology Services Fund 7,220,730 6,806,317 6,757,593 8,025,502
Materials Management Fund 6,638,509 11,218,474 8,748,781 6,102,754
Fleet Management Fund 8,481,922 10,122,835 8,812,944 13,277,347
Risk Retention Fund 2,733,860 2,890,724 2,839,520 2,731,038
Health Insurance Fund 19,635,718 17,958,217 17,055,382 18,524,862
Street Improvement Fund - - - 7,066,972
Recreation Fund 1,243,667 1,623,499 1,623,499 1,605,351
Tourist & Convention Fund
1,302,617 1,314,246 1,432,454 1,461,103
Police Confiscation Fund 106,382 193,000 157,256 216,748
Traffic Safety Fund 376,063 385,000 382,000 385,000
Non-Airport Gas Well Fund 1,805,046 392,900 392,900 1,600,000
Parks Gas Well Fund 1,639,036 365,800 315,930 350,000
(2)
Miscellaneous Funds 904,495 1,403,546 1,110,700 968,049
TOTAL OPERATING RESOURCES$ 362,640,956$ 412,754,601$ 382,620,549$ 421,468,959
Grant Program 4,919,125 11,297,317 6,491,889 7,074,219
Capital Improvements Program
51,923,305 178,323,947 47,418,936 162,714,356
TOTAL RESOURCES$ 419,483,386$ 602,375,865$ 436,531,374$ 591,257,534
2009-102010-112010-112011-12
EXPENDITURESACTUALBUDGETESTIMATE PROPOSED
General Fund $ 87,026,944$ 90,016,715$ 88,554,789$ 88,462,750
General Debt Service Fund 18,002,099 31,283,177 31,149,833 39,075,952
Electric Fund 115,764,413 144,397,734 123,135,453 140,391,103
Water Fund 39,635,610 38,952,688 35,826,925 38,740,430
Wastewater Fund 22,201,726 25,071,396 23,411,715 24,801,568
Solid Waste Fund 18,708,315 21,128,866 20,615,371 22,904,336
(1)
Airport Fund 2,985,269 3,600,657 1,019,087 1,669,896
Technology Services Fund 5,588,508 6,806,317 6,757,593 8,025,502
Materials Management Fund 6,353,456 11,218,474 8,665,622 6,102,754
Fleet Management Fund 8,481,922 10,039,246 8,723,156 13,269,934
Risk Retention Fund 2,058,396 2,581,617 2,535,485 2,731,038
Health Insurance Fund
17,045,685 17,958,217 17,616,537 18,524,862
Street Improvement Fund - - - 6,145,193
Recreation Fund 1,099,253 1,623,499 1,623,499 1,605,351
Tourist & Convention Fund 1,125,801 1,314,246 1,314,246 1,315,360
Police Confiscation Fund 92,904 193,000 137,084 207,000
Traffic Safety Fund 376,063 377,640 371,000 377,000
Non-Airport Gas Wells Fund 1,805,046 392,900 392,900 1,600,000
Parks Gas Well Fund 1,350,000 350,000 297,000 350,000
(2)
Miscellaneous Funds 774,731 1,401,046 762,922 939,605
TOTAL OPERATING EXPENDITURES$ 350,476,140$ 408,707,435$ 372,910,217$ 417,239,634
Grant Program 4,919,125 11,297,317 6,491,889 7,074,219
Capital Improvements Program 51,923,305 178,323,947 47,418,936 162,714,356
TOTAL EXPENDITURES$ 407,318,570$ 598,328,699$ 426,821,042$ 587,028,209
(1)
The Airport Fund, formally known as the Airport Gas Well Fund,
(2)
Miscellaneous Funds include the Tree Mitigation Fund, Public Edu
Tax Increment Financing Fund, Miscellaneous Special Revenue Fund
Trust Fund.
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2011
DEPARTMENT:
Parks and Recreation Department
ACM:
Fred Greene
______________________________________________________________________________
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the Aesthetic Study that the
Texas Department of Transportation (TxDOT) is preparing for the IH-35E expansion project.
BACKGROUND
HNTB Corporation contracted with TxDOT to prepare an Aesthetics Master Plan to be used in
conjunction with the expansion of IH-35E. Two meetings were held in Denton to discuss the
vision and concepts for this project and a comprehensive presentation has held in Lewisville on
April 20, 2011. Bud Vokoun and Emerson Vorel represented the City of Denton at these
meetings, which also included staff from UNT.
The IH-35E corridor project extends from Highway 380 on the north side of Denton, south to
IH-635. The consultants divided the corridor into three zones that are named for local
characteristics:
Gateway Zone: Highway 380 south to Corinth
Lake Zone: Corinth to the south end of Lewisville
Urban Zone: Lewisville to IH-635
Attached, please find two pages from the “Gateway Character Zone” section of the Draft
Aesthetic Guidelines. Page 54 outlines three different levels of aesthetic treatments, defines
which entity will be responsible for funding each level, and lists the proposed locations for these
treatments. Page 69 illustrates several concepts for art that could be included in the IH-35E
project. The notes on page 69 state “Final art work for graphic panel option selection to be
coordinated with municipality or institution.” As this project moves forward, the City will have
an opportunity to solicit public input on the final design of the art. The current comment period
will allow Council the ability to request changes in the locations of these treatments.
In addition, the Aesthetic Design Guidelines describe other infrastructure that will impact the
aesthetics of IH-35E including specialty paving, signage, landscaping, bridge rails, bents, and
beams, as well as bridge abutments and barriers. This plan is conceptual and TxDOT will
continue to work with the City, County and UNT on specific details.
Comments on the draft Aesthetic Design Guidelines are due to TxDOT by September 15, 2011.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
Agenda Information Sheet
IH-35E Corridor Aesthetics
September 6, 2011
Page 2
FISCAL INFORMATION
The cost of the aesthetic treatments would be included in the project cost. Graphic display
enhancements at the Accent Aesthetic Treatment intersections would also be included in the
project cost, but Enhanced Aesthetic Treatments will require the participation with municipalities
and institutions for implementation.
EXHIBITS
1.IH 35E Corridor Aesthetics Master Plan
2.Draft of Aesthetic Design Guidelines
3.Page 54 of the Draft Aesthetic Guidelines
4.Page 69 of the Draft Aesthetic Guidelines
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
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AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2011
DEPARTMENT:
Police
ACM:
Fred Greene
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a proposed ordinance
which establishes child safety zones within the City of Denton in which certain registered sex
offenders may not legally reside.
BACKGROUND
In an effort to protect children from sexual abuse a number of area cities have enacted ordinances
which restrict where sex offenders may lawfully reside. These laws usually prohibit convicted
sex offenders from living near where children may gather, such as schools or parks. The purpose
of sex offender residency laws is to create child safety zones in which registered sex offenders do
not live, thereby reducing the risk that they might have the opportunity to victimize children.
The City of Denton currently does not have an ordinance regulating the residency of sex
offenders. Over the last several months, members of the community, other criminal justice
agencies, and school district officials have expressed strong interest in adopting an ordinance to
create so-called child safety zones within the city.
One hundred thirty-two (132) convicted sex offenders are registered with the State under Denton
addresses. These offenders were convicted of various sexual offenses and the ages of their
victims range from early childhood through late adulthood. The police department conducts
compliance visits with offenders in order to confirm that they reside at their registered addresses.
In Denton, convicted sex offenders are free to establish a residence anywhere unless they are on
probation or parole. Those offenders who are released from jail or prison, but still serving their
sentence on probation or parole can, while under the terms of their sentence, be restricted from
residing near areas where children commonly gather. After the completion of their parole or
probationary sentence, this group of sex offenders is no longer under any restrictions regarding
where they choose to reside. Therefore, they may legally establish residences near schools,
daycare centers, parks, and other places where children gather.
Most area cities including Lewisville, Flower Mound, Carrollton, and Frisco have adopted
ordinances establishing child safety zones which prohibit sex offenders convicted of offenses
against minors from residing within at least 1,500 feet of premises where children commonly
gather. After adopting child safety zones, these cities reported decreases in the numbers of
convicted sex offenders who chose to reside within their city limits after release from
incarceration. In addition, all of these cities currently have fewer registered sex offenders than
Denton (Table 1).
Agenda Information Sheet
September 6, 2011
Page 2
Table 1: Comparison of Registered Sex Offenders by City
In 2007, the year in which Lewisville adopted a sex offender ordinance; there were seventy-
seven (77) registered sex offenders within the Lewisville city limits. Now that Lewisville has
established child safety zones, the number of registered sex offenders has decreased to fifty (50).
When Frisco adopted a sex offender ordinance in 2008, thirty-seven (37) offenders were
registered. There are currently thirty-seven (37) registered sex offenders in Frisco.
Since 2007, Denton has experienced a steady increase in the number of registered sex offenders
who choose to reside in Denton for personal reasons or after being paroled to Denton after
release from incarceration. In 2007, ninety-seven (97) sex offenders were registered in Denton.
The number of these offenders has now reached one hundred thirty-two (132). To date, there
have been no documented instances of registered sex offenders reoffending and victimizing
children in Denton. However, continual increases in the registered sex offender population
adversely impact the ability of law enforcement officers to monitor their activities, which in turn
threatens the safety of children. It has been shown that when cities adopt residency restrictions
for registered sex offenders, the result is either a leveling out or a downward trend in the number
of sex offenders that choose to re-locate to that city.
The proposed sex offender ordinance would make it unlawful for those sex offenders who were
convicted of crimes against children from establishing a permanent residence within 1,500 feet
of places where children commonly gather. Generally, this includes schools, parks, day care
centers, video arcades and recreational facilities. The City of Denton will maintain a map
depicting the prohibited areas. The map will be reviewed annually and made available to the
public via City of Denton Police Department’s website. The ordinance does not apply to
juvenile offenders and exempts the permanent residences of those offenders who were registered
prior to the date of adoption of the ordinance. Violations of the ordinance are punishable by a
five hundred dollar ($500) fine for each offense. After thirty days from the issuance of the first
citation, violators are subject to a new citation for each day the ordinance is violated.
Agenda Information Sheet
September 6, 2011
Page 3
OPTIONS
1.Council can approve the proposed ordinance as written.
2.Council can direct staff to make additional revisions to the ordinance.
3.Council can reject the proposed ordinance.
RECOMMENDATION
Staff recommends that Council approve the ordinance as written.
PRIOR ACTION/REVIEW
None.
FISCAL IMPACT
Staff does not anticipate any direct, measureable fiscal impact from the proposed ordinance. The
potential exists for some limited revenue generated from violations. However, any revenue
increase would be limited and temporary as violator behavior is modified.
Respectfully submitted,
Paul W. Abbott
Chief of Police
Prepared by:
Lenn Carter, Captain
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ORDINANCE NO._________________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 21 OF
THE CODE OF ORDINANCES BY ADDING ARTICLE IV, SECTIONS 21-60 THROUGH
21-65, MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN
1,500 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A
CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE
UNDER THIS ARTICLE OF THE CITY OF DENTON CODE OF ORDINANCES;
PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING A REPEALING CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS
($500.00); AND PROVIDING FOR AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 21 of the City of Denton Code of Ordinances titled “Offenses” be,
and the same is, hereby amended by adding Article IV, Regulations of Sex Offenders’
Residency, which shall read as follows:
ARTICLE IV. REGULATION OF SEX OFFENDERS’ RESIDENCY
Sec. 21-60. Definitions.
For the purposes of this Section, the following terms, words, phrases and the
derivations thereof shall have the meanings given herein:
Minor shall mean a person younger than seventeen (17) years of age.
Permanent Residence shall mean a place where a person abides, lodges, or resides
for fourteen (14) or more consecutive days.
Premise where children commonly gather shall mean a public park, private or public
school, day care center as such terms are defined in the Comprehensive Zoning
Ordinance of the City of Denton, any public or non-profit recreational facility, or video
arcade facility. For the purposes of this Ordinance, planted street medians are not public
parks.
Temporary Residence shall mean a place where a person abides, lodges, or resides for a
period of fourteen (14) or more days in the aggregate during any calendar year and which
is not the person’s permanent address, or a place where a person routinely abides, resides,
or lodges for a period of four (4) or more consecutive or nonconsecutive days in any
month and which is not the person’s permanent residence.
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Sec. 21-61. Offenses.
For each person required to register on the Texas Department of Public Safety’s Sex
Offender Database (the “Database”) because of a violation involving a victim who was a
minor as defined herein, it is unlawful for that person to establish a permanent residence
or temporary residence within 1,500 feet of any “premise where children commonly
gather.”
Sec. 21-62. Evidentiary matters; measurements.
A. It shall be prima facie evidence that this Section applies to such a person if that
person’s record appears on the Database and the Database indicates that the
victim was a minor as defined herein.
B. For the purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the outer property
line of the permanent or temporary residence to the nearest property line of the
premises where children commonly gather, as described hereinabove.
C. A map depicting the prohibited areas shall be maintained by the City of Denton.
The City shall review the map at least annually for changes. Said map will be
available to the public at the City of Denton Police Department.
Sec. 21-63. Culpable mental estate not required.
Neither allegation nor evidence of a culpable mental state is required for the proof of an
offense defined by this Chapter.
Sec.21-64. Affirmative defenses.
It is an affirmative defense to prosecution that any of the following conditions apply:
(1) The person required to register on the Database has previously established the
permanent or temporary residence and has complied with all the sex offender
registration laws of the State of Texas, prior to the date of the adoption of this
Ordinance.
(2) The person required to register on the Database was a minor when he or she
committed the offense requiring such registration, and was not convicted as an
adult.
(3) The person required to register on the Database is a minor.
(4) The premises where children commonly gather, as specified herein, within 1,500
feet of the permanent or temporary residence of the person required to register on
the Database was opened after the person established the permanent or temporary
Page 2
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residence and complied with all sex offender registration laws of the State of
Texas.
(5) The information on the Database is incorrect, and, if corrected, this Section would
not apply to the person who was erroneously listed on the Database.
Sec. 21-65. Penalty.
An offense under this Article shall be deemed to be a misdemeanor and, upon conviction,
is punishable by a fine not to exceed Five Hundred Dollars ($500.00) for each offense.
After thirty days has passed from the issuance of the first citation for a violation of this
ordinance, then each day this ordinance is violated shall constitute a new and separate
offense.
SECTION 2. All ordinances of the City of Denton in conflict with the provisions of this
ordinance shall be, and the same are, hereby repealed; provided, however, that all other
provisions of said ordinances not in conflict herewith shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held
to be void or unconstitutional, the same shall not affect the validity of the remaining portions of
said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force
and effect.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by prior law and provisions of the Code of Ordnances, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 5. Any person violating any of the provisions or terms of this ordinance or of
the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for
in the Code of Ordinances of the City of Denton, as previously amended, and upon conviction
shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500) for each
offense.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _________ day of ___________________, 2011.
__________________________________
MARK A. BURROUGHS, MAYOR
Page 3
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
Page 4
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2011
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to enter
into a development agreement between the City of Denton and ULE, L.L.C. for the dedication of
park land and construction of trails at a neighborhood park at the Unicorn Lake Estates
Subdivision; authorizing acceptance of land and improvements; and providing an effective date.
The Parks, Recreation and Beautification Board recommends approval (5-0).
BACKGROUND
Unicorn Lake Estates is a new subdivision being proposed by the developer as part of the
Unicorn Lake Town Center area. The Development Agreement is for consideration and approval
of a plan to construct a neighborhood park, with trail improvements, and receiving credit for the
value of these improvements to satisfy the park land dedication and development ordinance. This
proposed development is consistent with the City of Denton Parks, Recreation, and Trails Master
Plan. It will provide for the opportunity to connect trails from the Wind River Subdivision to the
Unicorn Lake Trail to Briercliff Park.
Per the Parkland Dedication Ordinance #98-039, the developer is required to dedicate parkland
and also pay a park development fee of $291.00 per residential unit constructed. The planned
development will contain a total of 106 residential lots for a total dedication requirement of 0.74
park acres. The developer is proposing to dedicate 4.93 acres for park and recreation purposes.
The developer plans to construct a 1.2 acre lake, a 1,194 linear foot trail, and landscaping for a
neighborhood park and public open space. A general development plan and map is attached for
this park location.
To expedite the development of the neighborhood park, the developer has asked for a
Development Agreement which will satisfy the requirements of the Park Land Dedication and
Development Ordinance # 98-039. In this agreement, the developer will grade and construct the
neighborhood park and install the landscaping and trees and a walking trail per the approval of
the Parks and Recreation Department. This action will expedite the development of the park by
several years instead of waiting for all the housing units to be constructed and park development
fees to be received.
OPTIONS
Council may approve the development agreement with as proposed or deny the
ULE, L.L.C
request or ask staff to make modifications.
RECOMMENDATION
Staff recommends approval of the proposed ordinance.
- 1-
Agenda Information Sheet
Unicorn Lake Estates
September 6, 2011
Page 2
ESTIMATED SCHEDULE OF PROJECT
The project is expected to begin summer of 2012
PRIOR ACTION/REVIEW
The Parks, Recreation and Beautification Board considered this item at the August 1, 2011
meeting and recommends approval with a vote of 5-0.
FISCAL INFORMATION
Development Agreement specifies land dedication will be made in excess of ordinance
requirement and construction of a park facility will exceed the Park Development fees for 106
residential units at $38,208.00. Maintenance costs for the 5 acre park will impact future Park
Maintenance budgets.
EXHIBITS
1.Site Map
2.August 1, 2011 Parks, Recreation and Beautification Board Meeting Minutes
3.Ordinance
4.Development Agreement
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Bob Tickner
Superintendent, Parks Planning
- 2-
DRAFT
Parks, Recreation and Beautification Board
Minutes
August 1, 2011
Civic Center Community Room
Members present
: Carol Brantley, Vicki Byrd, Alex Lieban, Derrick Murray, Jennifer Wages
Members absent:
Dave Rowley, Janet Shelton
Staff present:
Emerson Vorel, Jim Mays, Mary Aukerman, Janie McLeod; Amanda Green, Bob
Tickner and Noreen Housewright and Clay Riggs, City of Denton Engineering Department
REGULAR MEETING
1.CALL TO ORDER
– Murray, Park Board Chairperson called the meeting to order at 6:02 p.m.
APPROVAL OF MINUTES OF June 6, 2011 MEETING:
2. Wages made a motion to approve
the minutes as written, Brantley seconded and the motion carried with a vote of 5-0.
3.AWARDS AND RECOGNITIONS:
Acknowledgement of Departing Park Board Member
4. – Jennifer Wages had elected not to
serve another term on the Park Board. Wages was presented with a plaque commemorating
her service on the Board from 2007 through 2011. Vorel expressed his thanks for the time and
effort she has put in to both the Park Board and the Park Foundation. Murray expressed thanks
from the Board for her service.
5.ACTION ITEMS:
th
Sale of Alcoholic Beverages at the 13 Annual Blues Festival
A. – McLeod stated that this is
th
the 13 year the event has been held in Quakertown Park and is scheduled for September
17-18. She also said that there have been no incidents reported at the event and the event
organizers will obtain the security and insurance as required.
MOTION:
Brantley made the motion to recommend the Denton Black Chamber of
Commerce be allowed to sell alcoholic beverages at the Blues Festival in Quakertown Park on
September 17 and 18, 2011. Lieban seconded the motion and it carried with a vote of 5-0.
Parks and Recreation Fees Ordinance – Athletic Fields Rentals
B. – Vorel stated that the
fees are evaluated each year and, if needed, changes are brought before the Board for a vote,
then to Council, if approved by the Board. This year, the only thing that changed was the
establishment of a Softball Tournament Rate per complex instead of an hourly fee for each
field as is currently charged. Kathy Schaeffer, supervisor of this area, arrived to discuss how
this change in fee structure can help Denton attract tournaments. Tournament organizers
have told her that the current fee structure is too costly. Stipulations put on the complex rates
will help the City recoup costs to operate the concession stands. When asked if this fee
structure was in line with other cities, Schaffer stated that staff called other cities in the area
to inquire of their fees based on the services we wanted to provide so that we would be in
line with other cities tournament fees structures. Schaffer also stated that if the tournament
did not meet the minimum requirements, the fees would revert to the hourly rate.
MOTION:
Wages made the motion to approve the ordinance adopting the revised schedule
of fees. Brantley seconded the motion and it carried with a vote of 5-0.
Unicorn Lake Area Proposed Park
C. – Tickner stated that the Unicorn Lake Estates
developer is proposing, through a Developer’s Agreement, to give the City 4.93 acres for a
park with a lake and walking trail that will connect the trails of Wind River and Unicorn
Lake Town Center. He explained that the developer is giving much more than the .74 acres
required by Park Land Dedication. The developer will build a concrete walking trail then
turn it over to the City. When asked about the cost to maintain the trail/park, Vorel
explained that Mays submits a supplemental package during the budget process to assist
with maintenance and operation costs for total park acres, which includes new park land
acquired.
MOTION:
Brantley made the motion to recommend acceptance of the land for a
neighborhood park at the Unicorn Lake Estates Subdivision. Wages seconded the motion and
it carried with a vote of 5-0.
Select a Committee to Consider Renaming Request
D. – The Denton League of Latin
American Citizens (LULAC) submitted a Name Nomination Form request to rename South
Lakes Park to the G. Roland Vela South Lakes Park in honor of Dr. Roland Vela, in honor
of his many outstanding contributions to the Denton community. A committee of Park
Board members was to be appointed to review the request and make a recommendation
based on their findings to the entire Board. Vorel explained that signs will be posted at the
park to announce the public meeting that will be held at the September Park Board meeting
after which the Board will take action on the request at the October Park Board meeting.
Lieban asked why LULAC had selected South Lakes Park. Vorel stated that they had
originally asked that the South Branch Library be named for Dr. Vela, but, since the library
is not a park property it went directly to the City Manager for consideration, who rejected
the request. They then submitted a request to rename South Lakes Park which is now being
considered. It was restated that parks named after an individual cannot be considered for
renaming, such as Milam or Mack Parks. Information on Dr. Vela is in the application, plus
he taught at UNT and served on the City Council, Airport Board, and other committees.
Additional information may be available through the Denton Record Chronicle.
Lieban volunteered to serve on the committee. Murray, who lives in the area, would like to
serve. Lieban said that Rowley also lives in the area and volunteered him. McLeod stated
that Shelton was involved at the beginning of the park so her name was added to the list.
6.DISCUSSION ITEMS:
City of Denton Proposed Bicycle Transportation Plan
A. – A Park Board member requested
this presentation that was submitted to the Planning and Zoning Commission be submitted to
the Board as well. Noreen Housewright and Clay Riggs of the City of Denton Engineering
Department gave an informational presentation of the proposed Pedestrian and Bicycle
Linkage Component of the Denton Mobility Plan. It was pointed out that signage will be the
first step, along with educating the public through Denton ISD, UNT and the Denton Police
Department.
A focus group was instrumental in helping with the plan. Bicycling groups are excited about
the prospect of having designated bike lanes. There are several trails that are now being
utilized by cyclists. The plan is moving forward through the various committees and will go to
the Mobility Committee in August. Lieban asked what cities were studied. Housewright said
that Dallas, Austin, Houston and Portland, OR were used in our study.
OTHER BUSINESS:
7.
A.Parks Department Projects Status Report
Tickner updated the Board on various projects on the list, including:
Neighborhood Park Design
– Wheeler Ridge Park– This project is expected to finish in
September. SPC Ernest W. Dallas Jr. Veterans Memorial Park– This project is on target for
completion for its dedication on November 11, Veteran’s Day. Owsley Park– This project
will start after school is back in session.
Community Development Block Grant Projects for ParksMack Park –
– The funds need
to be used this year so it is anticipated that a shelter will be purchased and installed by the
Park Maintenance.
North Lakes Park Softball Complex Playground
– this project is still moving through the
review process and every avenue is being explored. Lieban said he would like to see us hire
an Urban Biologist and to use the City’s new Urban Forester to explore the wildlife issues
and the mitigation of trees.
Public Art Committee Meeting Minutes Draft –
B.Vorel pointed out that the mural at the
Center for the Visual Arts is going up. Byrd expressed how vivid the colors are.
The exhibit of poems and their illustrations will take place from October 24-28, 2011 at the
Center for the Visual Arts, after which they will be displayed in various locations throughout
the city.
8.FUTURE AGENDA ITEMS:
None
With no further items on the agenda, Murray asked for a motion to adjourn the meeting. Brantley
made the motion to adjourn, Wages seconded and the meeting was adjourned at 7:44 p.m.
CITY OF DENTON CITY COUNCIL MINUTES
July 12, 2011
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, July 12, 2011 at 3:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem Kamp,
and Mayor Burroughs
ABSENT: None
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on the Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for July 12, 2011.
Council Member Watts asked about Consent Agenda Item 4G. He stated that Council had a
previous discussion regarding emissions from a Midlothian plant and wet kiln versus dry kiln.
He questioned which type was this manufacturer.
Elton Brock, Purchasing Agent, stated that the product was a sole source mixture from a
company with a patient which increased the hardness of the cement.
Council Member Watts stated that Council had a previous concern about the manufacturing of
the cement and he was questioning what method was used to mix this.
City Manager Campbell stated that staff would research that question and report back to Council.
Mayor Burroughs asked about Consent Agenda Item 4F and the replacement of the vehicles. He
questioned what would be done with the old vehicles.
Brock stated that staff would decide what to do with the old vehicles as soon as the new vehicles
were delivered.
Mayor Burroughs suggested that staff let Council know before something was decided to see if
the City could work with a sister city on the vehicles.
Brock stated that normally the vehicles went through a local auction.
3. Receive a report, hold a discussion and give staff direction on the new Animal Care and
Adoption Center construction planning process.
Mayor Pro Tem Kamp stated that she was pleased that an announcement would be made
regarding the Center and introduced the Foundation members and volunteers for the Center.
Bette Sherman, Chair-Foundation Board, announced that the Board had surpassed its $2 million
goal as of the end of June.
City of Denton City Council Minutes
July 12, 2011
Page 2
Scott Fletcher, Captain-Denton Police Department, presented an update on the progress of the
Animal Care and Adoption Center. The Denton Animal Shelter Foundation agreement with the
City had several components. The City components included property acquisition, architectural
services, construction timeline, operation of the shelter, and additional funding sources. The
Foundation components included a capital campaign and naming recommendations. Both
entities were involved in the architect selection, planning/design, and design changes (in
construction). A Building Committee of equal members of the Foundation and City staff had
been formed.
Status of the campaign – Fletcher reviewed the capital campaign goal in terms of in-kind
donations and cash/pledges. Cash donations at the end of 2010 were $1.0 million, at the end of
2011 $1.2 million with the remaining funds scheduled to come in over the next 4 years. All of
the cash would be turned over to the City once a contract was signed to be used for construction.
Architect selection - Connolly Architects and Consultants had performed a shelter feasibility
study in 2005; a shelter master plan in 2008 and had done numerous animal shelter designs.
They were recommended by the Building Committee.
Project Timeline – the total project timeline was 18 months with the design phase consisting of 7
months, 2 months for bidding/negotiations and a construction phase of 9 months. It was
anticipated that the project would begin in September 2011 and be completed in December 2012
assuming there were no delays in the project.
Council Member Watts asked what the cost of the land was and the total cost for the building and
the land.
Fletcher stated that the total land area was 20 acres which cost $1 million with seven acres set
aside for the shelter at a cost of approximately $400,000. Current project estimates were in the
$215-$250 per square foot for construction.
Council Member Roden questioned the price range of the construction estimates.
Fletcher stated that was a floating range for square footage of construction. Until the
construction documents were completed, a firm figure was not available.
Council Member Gregory asked about the options listed in the backup materials. It appeared that
Option 3 was the direction needed.
Fletcher stated that staff was asking for a recommendation to begin the architect selection and
development of the construction documents and negotiate with Connolly Architects for the
development of the documents.
Council Member Gregory stated those would be Options 1 and 3.
Fletcher replied correct.
Consensus of the Council was to proceed with Options 1 and 3.
City of Denton City Council Minutes
July 12, 2011
Page 3
Bette Sherman introduced the members of the Board of Directors of the Foundation who were
present at the meeting. She indicated that to date, 13,300 volunteer hours had been logged by the
Board and volunteers had logged 10,000 hours. The public-private partnership was very helpful
in all of their fundraising. Even though the Foundation had met their goal, they would continue
to raise funds to help with the interior of the facility. The community expected that a result will
be what Council decided today. To date, they had 988 donors to the campaign, from special
education children to students to local businesses. $330,000 of the $2 million was grant money
and the Foundation hoped to receive more in grant funds in the future.
4. Receive a report, hold a discussion and give staff direction regarding nominations to the
City's Boards and Commissions.
The Council reviewed the nominations by board and council member as listed in the backup
materials.
Mayor Burroughs indicated that Council would continue to work on any outstanding
nominations.
5. Receive a report, hold a discussion and give staff direction regarding the request for City
sponsorship of the First Annual Susan G. Komen Race for the Cure to be held in Denton
on September 24, 2011.
Linda Ratliff, Director of Economic Development, stated the Mayor, Mayor Pro Tem and several
staff members met with the Komen people in June regarding holding their first Denton race on
September 24, 2011. Komen representatives had been working with UNT and developed a
course with most of the race on the UNT campus. Komen requested in-kind sponsorship from
the City in terms of police and fire/EMS support and barricades. The race also was the same day
as the second home football game at UNT. The race was expected to attract 3,000-5,000 people
th
in Denton and would take place the morning of September 24. Staff had looked at costs for
overtime for police and fire and the cost for a barricade company to provide that service as the
City would not have enough barricades for the event. There were over 30 intersections that
needed to be manned or barricaded. UNT would do most of those except for eight intersections.
An estimate for police services was $2,000-$2,800; fire was $2,250 and barricades were $3,130
which did not include a traffic control plan cost. Staff was asking Council for a decision on the
funding for this event which was planned to be an annual event for the City.
Mayor Burroughs asked whether TWU had been asked for barricades to borrow for the event or
perhaps the DISD.
Ratliff replied that with past events the City did not participate in the setup or removal of
barricades as it would require paying overtime for those functions. It was more cost effective for
a barricade company to do that function
Council Member Watts questioned how long the event would be from registration until the last
person finished.
City of Denton City Council Minutes
July 12, 2011
Page 4
Glynis Anderson, Kolman Events Logistics Manager, stated that the plan was to start registration
at 5:30 a.m. with the one mile race followed by the 5K and casual 5K race. There would be a
festival following the races which would end around 10:00 a.m.
Council Member Engelbrecht asked if TWU was participating in the event.
Anderson stated that UNT was the host and TWU would be involved along with Sally Beauty
Supply.
Council Member Engelbrecht asked about the number of participants.
Anderson stated that they were projecting 3,000-5,000 involved in the race with additional
people coming to watch the participants.
Council Member Engelbrecht asked if there was a commitment fee.
Anderson replied not for this race but there was a suggestion to raise money but it was not a
requirement. The fundraising goal was $300,000 for the Denton race with 75% of that money
staying with the affiliate and 25% going for research.
Ratliff stated that staff needed to know if Council would like to move forward with sponsorship
and funding for barricades.
Council Member Watts questioned the source of the funding.
Ratliff stated that there some contingency funds available which could be used. Staff would
have to research to see if the event met the criteria for HOT funds.
Mayor Burroughs suggested including a “not to exceed figure” if Council wanted to proceed.
Council Member Watts suggested checking with DCTA to see if it would like to be involved to
help people coming from Dallas with shuttle service to UNT.
Consensus of the Council was to proceed with sponsorship and find funding for the barricades
with a not to exceed cost of $10,000.
The Council convened in Closed Meeting at 4:28 p.m. to consider the following:
1. Closed Meeting:
A.Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
1.Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the acquisition or the condemnation of a fee
simple tract, a temporary construction easement tract, and a public utility
City of Denton City Council Minutes
July 12, 2011
Page 5
easement tract for the Mayhill Road Widening and Improvements project,
affecting real property tract in the M. Forrest Survey, Abstract No. 417, in
the City and County of Denton, Texas. Consultation with the City's
attorneys regarding legal issues associated with the acquisition or
condemnation of the tracts referenced above where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the Denton City Council under the Texas Rules of Disciplinary Conduct
of the State Bar of Texas, or would jeopardize the City's legal position in
any administrative proceedings or potential litigation.
B.Deliberations regarding consultation with the City 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 on matters in
which the duty of the attorney to the governmental body 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 a grant application from Joe Northern for the Downtown
Incentive Grant Program with respect to redevelopment of a building on
207 N. Bell Avenue. This discussion shall include commercial and
financial information the City Council has received from Joe Northern
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; including the offer of financial or
other incentives.
C.Consultation with Attorneys - Under Texas Government Code Section 551.071.
1.Consult with City's attorneys regarding legal rights, restrictions and
obligations under Texas law, associated with overlapping extraterritorial
jurisdictions claimed by municipalities neighboring the City of Denton,
Texas, where a public discussion of such legal matters would conflict with
the duty of the City's attorneys to the City of Denton, Texas under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, and where such matters may become an issue in potential
litigation.
2.Consult with, and provide direction to, City's attorneys on legal issues
associated with existing and potential regulation of gas well drilling and
exploration within the Denton city limits and extraterritorial jurisdiction,
specifically including, but not limited to, the following general categories,
as they may relate to such regulations:
City of Denton City Council Minutes
July 12, 2011
Page 6
a.Legal issues and strategies associated with proposed and potential
modifications to existing local regulations, as they relate to
existing, proposed and potential gas well drilling and exploration
within the Denton city limits and extraterritorial jurisdiction, as
well as limitations imposed upon the City's regulatory authority,
with regard to such issues and strategies; and
b.Legal issues and strategies associated with possible preemption of
local regulatory standards relating to gas well drilling and
exploration with the Denton city limits and extraterritorial
jurisdiction, by existing, proposed and potential Federal and State
legislation, and administrative regulations.
The Council convened in the Regular Meeting at 6:30 p.m. in the Council Chambers.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
There were no proclamations/presentations for this meeting.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Diane Sloan regarding how the Code is being interpreted.
Ms. Sloan stated that she was concerned about a deck that was built in her neighbor’s yard which
although it met current code was much higher than her privacy fence. When people were out on
that deck, they were able to look over her fence and into her home. She asked Council to
consider revising the code so that this would not be a problem in the future.
CONSENT AGENDA
4.
Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member King
"aye", Council Member Roden "aye", Council Member Gregory "aye", Council Member
Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
City of Denton City Council Minutes
July 12, 2011
Page 7
Resolution No. R2011-024
A.Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding Equal Employment Opportunity; and declaring an effective
date.
Resolution No. R2011-025
B. Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding Harassment Prevention/Workplace Abuse; and declaring an
effective date.
Resolution No. R2011-026
C. Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding Anti-Substance Abuse and Rehabilitation; and declaring an
effective date.
Resolution No. R2011-027
D. Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding Demotions; and declaring an effective date.
Resolution No. R2011-028
E. Consider approval of a resolution of the City of Denton, Texas approving a revised City
personnel policy regarding a Worker's Compensation/Salary Continuation Program; and
declaring an effective date.
Ordinance No. 2011-104
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 Cooperative Purchasing
Network for the replacement of two existing Bomb Technician Response vehicles for the
City of Denton Fire Department; providing for the expenditure of funds from the Urban
Areas Security Initiative Grant therefore; and providing an effective date (File 4743-
Purchase of Two Bomb Response Vehicles for the City of Denton Fire Department
awarded to Caldwell Country Chevrolet in the total amount of $139,576).
Ordinance No. 2011-105
G. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of Cem-Lime from
TXI, which is available from only one source in accordance with the pertinent provisions
of Chapter 252 of the Texas Local Government Code exempting such purchases from the
requirements of competitive bidding; and providing an effective date (File 4747-
Purchase of Cem-Lime for Street Department in the unit price amount of $135/dry ton
for an annual estimated amount of $300,000).
Ordinance No. 2011-106
H. Consider adoption of an ordinance authorizing the City Manager of the City of Denton,
Texas, or his designee, to execute for and on behalf of the City a Pipeline Crossing
Agreement, by and between the City of Denton, Texas, and the Union Pacific Railroad
Company, relating to the construction, maintenance and operation of a sanitary sewer
pipeline within the railroad right-of-way, located immediately north of said railroad
City of Denton City Council Minutes
July 12, 2011
Page 8
right-of-way's intersection with McKinney Street at Mile Post: 718.95, Choctaw
Subdivision within the Buffalo Bayou, Brazos and Colorado Railroad Company Survey,
Abstract Number 185, City and County of Denton, Texas; authorizing the expenditure of
funds therefor; and providing an effective date.
Approved the Council committees as noted in the agenda backup materials.
I. Consider appointments to Council committees.
Approved the minutes as noted below.
J. Consider approval of the minutes of:
June 7, 2011
June 14, 2011
June 21, 2011
Ordinance No. 2011-107
K. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager of his designee to execute a real estate contract of sale between the City of
Denton and Black Bear Properties, LLC and other documents necessary to acquire an
approximate 4.024 acre tract of land, being located in the M. Forrest Survey, Abstract
Number 417, City and County of Denton, Texas; authorizing the expenditure of funds
therefore; and providing an effective date. (Mayhill Road Widening and Improvements
project)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 2011-108
A. CONTINUED - Consider adoption of an ordinance of the City Council of the
City of Denton, Texas, approving a grant application from Joe Northern from the
Downtown Incentive Grant Program not to exceed $5,000; and providing for an
effective date. The Economic Development Partnership Board recommends
denial (7-0).
Council Member Gregory motioned, Council Member Roden seconded to remove the item from
the table. On roll call vote, Council Member King "aye", Council Member Roden "aye", Council
Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”,
Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Council Member Roden motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
6. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
City of Denton City Council Minutes
July 12, 2011
Page 9
1. Nell Yeldell regarding water and soil contamination and the definition of
minority and majority.
Ms. Yeldell was not present at the meeting.
2. Zorobabel Gomez, Jr. regarding citizen input regarding public policy.
Mr. Gomez was not present at the meeting.
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
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.
Council Member Watts asked for a report on the possibility of a right hand turn lane at the corner
of Hobson and Highway 1830.
Council Member Gregory, along with a consensus of the Council, asked staff to survey
neighboring communities that had height setback restrictions regarding decks around outdoor
structures.
Council Member Gregory asked for an informal staff report regarding the landscaping around the
gas well in the Rayzor Ranch development.
Council Member Engelbrecht asked for a time frame when the landscaping at the Rayzor Ranch
gas well would be replaced.
Council Member Engelbrecht stated that he had also received requests for a right turn lane at
Hobson and Highway 1830.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
July 12, 2011
Page 10
Mayor Burroughs announced that Council would be going back into Closed Session.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of
the Texas Open Meetings Act.
Mayor Burroughs indicated that there would be no official action on Closed Meeting items.
Council convened in Closed Session at 7:07 p.m. to consider the following:
C.Consultation with Attorneys - Under Texas Government Code Section 551.071.
3.Consult with, and provide direction to, City's attorneys on legal issues
associated with previous annexations of land, specifically including, but
not limited to, legal and strategic issues associated with the modification,
negotiation and enforcement of non-annexation agreements as they relate
to building on lots within plats approved prior to the execution of non-
annexation agreements, as well as more general legal and strategic issues
relating to the annexation of such area.
D.Deliberations Regarding Real Property - Under Texas Government Code Section
551.072; and Consultation with Attorneys - Under Texas Government Code
Section 551.071.
1.Discuss, deliberate and receive information from Staff and provide Staff
with direction pertaining to the possible acquisition of certain real
property more particularly described as a 0.93 acre tract, in the M.
Yoacham Survey, Abstract No. 1442, in the City of Denton, Denton
County, Texas. Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition of the tract referenced
hereinabove, where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas, or would jeopardize the City's legal position in any potential
litigation.
Following the completion of the Closed Meeting at 7:24 p.m., the Mayor reopened the meeting at
which time the meeting was adjourned.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
July 19, 2011
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, July 19, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Council Member Roden, Mayor Pro Tem Kamp, and Mayor Burroughs,
ABSENT: Council Member King
1. Citizen Comments on Consent Agenda items.
Christopher Walker presented a Comment Card on Consent Agenda Item G.
2. Requests for clarification of agenda items listed on the agenda for July 19, 2011.
Mayor Burroughs asked who collected the city taxes prior to Denton County.
Jon Fortune, Assistant City Manager, stated that the agenda item was a renewal of a current
contract and that the city provided the service prior to the County.
Mayor Burroughs asked about the useful life of the backup system for Consent Agenda Item 4A.
Kevin Gunn, Director of Technology Services, stated that it would have six to seven years of
serviceable life.
Council Member Watts questioned the $711,000 for only five-six years of service and having to
spend that kind of money again.
Gunn stated that it was a lease purchase for three years with parts possibly having to be replaced
in six to seven years.
Mayor Burroughs noted that Consent Agenda Item 4B was a large contract and asked if any local
options were considered.
Phil Williams, General Manager Electric Administration, stated that the contract dealt with a
specialized area of engineering and that all the firms were outside the City.
Council Member King joined the meeting.
Council Member Engelbrecht asked about Consent Agenda Item 4F dealing with parking
regulations. He asked what “standing” meant as it related to the ordinance.
Captain Roger White, Denton Police Department, stated that “standing” meant that the vehicle
was not parked in a designated space and the driver had not left the vehicle.
Council Member Engelbrecht noted that “standing” was used in some places in the ordinance
and not in others and questioned if that wording was needed.
City of Denton City Council Minutes
July 19, 2011
Page 2
Stephanie Berry, City Prosecutor, stated that the wording followed State law. The word “stand”
could be removed if Council desired.
Council Member Engelbrecht indicated that he would like to either remove the word “stand” if
State law allowed and it could still be enforced as the public could not understand the
terminology.
Council Member Gregory asked about the situation of vehicles loading or unloading and
blocking a lane of traffic vehicle so that parked vehicles could not get out of parking spaces.
Berry indicated that was a traffic violation for blocking the roadway.
Council Member Gregory asked why that was allowed on the Square.
Berry stated that the Police Department handled those on a case by case basis. It was a technical
violation but did not have to be prosecuted.
Mayor Burroughs asked about Consent Agenda Item 4C. He noted that the lowest bidder was a
Denton bidder but the bid had been rejected. He questioned why the bid from a local vendor was
not given consideration.
Phil Williams, General Manager Electric Administration, stated that the qualifications of the
vendor were not based on local preference alone. There were a number of reasons for the
disqualification. One of the reasons was the vendors needed a ready workforce to complete the
project and this vendor did not have a qualified work force.
Mayor Burroughs asked why being a local vendor was not part of the criteria.
Williams stated that it could be added for future bids.
3.Receive a report, hold a discussion, and give staff direction regarding the implementation
of a Wayfinding Signage Network.
Ron Menguita, Development Review Liaison, reviewed the background of the Downtown
Implementation Plan (DTIP). The purpose of the DTIP was to serve as a catalyst to achieve the
goals for the vision of the Downtown Master Plan. It provided a set of physical plans and
detailed recommendations to increase economic development in downtown Denton. It also
identified an investment strategy for short term and long terms goals. Chapter 6 of the DTIP
plan presented a framework for strategic investments and provided short-term, medium-term and
long-term action items. He reviewed the top ten action items and discussed the status of each.
The Wayfinding signage network would be designed to guide visitors to locations offering public
parking and local points of interest. Staff defined the types of signs, identified potential
locations, drafted contents and designed three themes. Types of signage included entries for
primary and secondary locations; directional signs; and kiosks. In order to build consensus, staff
presented three different themes to various boards, committees, and commissions to receive their
input. Theme A was the courthouse theme; Theme B was a transit center theme; and Theme C
was a City of Denton flag theme. Based on that input, staff developed a fourth modified theme
City of Denton City Council Minutes
July 19, 2011
Page 3
using part of the courthouse theme, transit center and flag theme. The potential locations for the
various types of signs were reviewed along with the results of an on-line survey regarding the
signs.
Staff was recommending that the city move forward with a Request for Qualifications for the
modified theme. The RFQ would be sent out to local as well as national sign companies. It was
also recommended that the network be implemented in two phases. Phase 1 would consist of the
fabrication and installation of directional and street signs throughout the DTIP area in order to
implement the program with the Downtown first and work outward. Phase 2 would consist of
the fabrication and installation of the primary entry signs, secondary entry signs, kiosks, city
building signs and public park signs.
Council Member Roden questioned who was the primary audience in terms of the different
signs; who was Phase 1 targeting.
Menguita stated it would be visitors either from the train or driving to Denton.
Mayor Burroughs asked about the sequencing of who would determine what went on the signs to
designate the arts and entertainment aspect.
Menguita stated that the goal was to get people downtown and incorporate the need to park. The
kiosk information would have interchangeable information for locations of buildings with
changes made as needed.
Mayor Burroughs suggested a work session before all of the plans were completed in order to
look for any unanticipated consequences. He would like Council input before completion of the
project as he still had some concerns regarding the major signs.
Menguita stated that the locations of the signs would first have to be established and that would
determine what to put on the sign.
Mayor Burroughs suggested making that a proposal for Council to consider.
Council Member Roden asked how far out the larger signs were in terms of time and would there
be time to look at other designs.
Menguita stated that the large signs would be funded with a CIP reallocation and that the bonds
had not been sold yet with any definite determination on when that would be done.
Council Member Roden asked about font suggestions and would a sign company work on those
features.
Menguita replied sign companies and members of staff familiar with those types of issues.
Council Member Engelbrecht suggested making sure the street signs were large enough to read
and to consider adding directions such as east/west on the signs.
Menguita stated that they would be working with the Street Department for wording standards.
City of Denton City Council Minutes
July 19, 2011
Page 4
4.Receive a briefing and hold a discussion regarding the Assessment of Existing
Conditions and Findings of the Bonnie Brae-Ector Street Small Area Plan and provide
timeline for completion. The Bonnie Brae-Ector Street Small Area Plan is
approximately 271.2 acres, and is bounded to the north by Emery Street, to the south by
West Oak Street, to the east by Jagoe and Ector Streets, and to the west by Bonnie Brae
Street.
This item was pulled from consideration.
5.Receive a report, hold a discussion, and give staff direction concerning proposed
amendments to: (1) Section 35.22.4.G. of the Denton Development Code regarding a
new provision grandfathering previously approved Planned Developments and Master
Planned Communities from the standards and procedures enacted by Ord. No. 2010-181,
as further amended by Ord. No. 2010-196; and (2) add new section 35.22.7.G. to the
Denton Development Code regarding required disclosures to certain persons within
specified distances of proposed gas well drilling and production activities.
This item was not considered at this meeting.
Council convened into Closed Session at 4:10 p.m. to discuss the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with City's attorneys regarding status of litigation styled Paper v.
City of Denton, Cause No. 02-10-00239-CV, currently pending in the
Court of Appeals, Second District of Texas.
D. Consultation with Attorneys - Under Texas Government Code Section 551.071.
2.Consult with, and provide direction to, City's attorneys on legal issues
associated with existing and potential regulation of gas well drilling and
exploration within the Denton city limits and extraterritorial jurisdiction,
specifically including, but not limited to, the following general categories,
as they may relate to such regulations:
a.Legal issues and strategies associated with proposed and potential
modifications to existing local regulations, as they relate to
existing, proposed and potential gas well drilling and exploration
within the Denton city limits and extraterritorial jurisdiction, as
well as limitations imposed upon the City's regulatory authority,
with regard to such issues and strategies; and
b.Legal issues and strategies associated with possible preemption of
local regulatory standards relating to gas well drilling and
exploration with the Denton city limits and extraterritorial
City of Denton City Council Minutes
July 19, 2011
Page 5
jurisdiction, by existing, proposed and potential Federal and State
legislation, and administrative regulations.
The Council convened in a Regular meeting at 6:30 pm. in the Council Chambers.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. 2011 City Livability Outstanding Achievement Award, for Sustainable
Energy Programs.
The 2011 City Livability Outstanding Achievement Award for Sustainable Energy Programs was
presented to the City.
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1.LaDonna Womochel regarding approving the plat for the Robson Ranch
development.
Ms. Womochel presented figures from the Robson Ranch Homeowners Association in terms of
having more homes sold in order to receive more dues for their operating expenses. She was in
favor of the Detailed Plan on the agenda. The item had a very real impact on the Homeowners
Association and their program.
2.Steve Shepard regarding approving the plat for the Robson Ranch
development.
Mr. Shepard stated that he was also a member of the Homeowners Association Board at Robson
Ranch. He was in favor of the approval of the Detailed Plan for Robson Ranch which was on the
agenda for this meeting.
4. CONSENT AGENDA
Mayor Burroughs noted that Item E was pulled from consideration by staff and that Item H
would be pulled for separate consideration.
City of Denton City Council Minutes
July 19, 2011
Page 6
Council Member Engelbrecht asked that Item F be pulled for separation.
Council Member Gregory motioned, Council Member King seconded to approve the Consent
Agenda with the exception of Item E, F, and H. On roll call vote, Council Member King "aye",
Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Council Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye".
Motion carried unanimously.
Ordinance No. 2011-109
A.Consider adoption of an ordinance awarding a contract to INX, Inc. for the lease
purchase of Hardware, Software, and Professional Services to establish a Disaster
Recovery Data Center for the City of Denton as awarded by the State of Texas
Department of Information Resources (DIR-SDD-621/DIR-SDD-1418/DIR-SDD-1386);
providing for the expenditure of funds therefor; and providing an effective date (File
4759 - Lease Purchase of Hardware, Software and Professional Services for Disaster
Recovery Data Center from INX, Inc. in the amount of $696,185.54, with total finance
payments of $711,546.01).
Ordinance No. 2011-110
B. Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with SGS Engineering, LLC, to continue
Engineering and Consulting Services for Capital Improvement Projects for Denton
Municipal Electric, and providing an effective date (PSA 4755 - Professional Services
Agreement for Engineering and Consulting Services for Capital Improvement Projects
for Denton Municipal Electric awarded to SGS Engineering, LLC, in an amount not to
exceed of $1,260,000). The Public Utilities Board recommends approval (5-0).
Ordinance No. 2011-111
C. Consider adoption of an ordinance accepting proposals and awarding a three year
contract for the Installation of Underground Electric Service for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date (RFP
4676 - Underground Service Installation awarded to Willbros T & D Services, LLC in
the estimated three year amount of $2,909,012). The Public Utilities Board recommends
approval (5-0).
Ordinance No. 2011-112
D. Consider adoption of an ordinance accepting proposals and awarding a three year
contract for ready mix concrete for the City of Denton; providing for the expenditure of
funds therefor and providing an effective date (RFP 4732 - Ready Mix Concrete for the
City of Denton awarded to Redi-Mix Concrete in the estimated three year amount of
$450,000).
This item was not considered.
E. Consider adoption of an ordinance awarding a contract for the lease of eighteen Mobile
Data Computers (MDCs) for the City of Denton Fire Department as awarded by the State
of Texas Department of Information Resources (DIR) through the Go Direct Program,
contract number DIR-SDD-531; providing for the expenditure of funds therefor; and
City of Denton City Council Minutes
July 19, 2011
Page 7
providing an effective date (File 4741 - Lease Eighteen Toughbook Mobile Data
Computers awarded to Panasonic Finance Solutions in six semi-annual payments of
$17,275 for a total amount of $103,650).
Ordinance No. 2011-114
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager or his designee, to enter into an Interlocal Agreement with Denton County for
the County to provide property tax billing and collection services for the City of Denton;
providing a savings clause and providing an effective date.
Item F. was considered.
Ordinance No. 2011-115
F. Consider adoption of an ordinance of the City of Denton, Texas, amending the
provisions of Chapter 18 relating to motor vehicles and traffic by re-numbering
Section 18-95 "Stop Intersections" to Section 18-3.1; by adding Section 18-
91.50 to prohibit stopping, standing, or parking of vehicles in certain places; by
adding Section 18-91.51 establishing additional parking regulations; by
amending Section 18-143 to change the minimum fines established for certain
parking offenses; providing a savings clause; providing for a penalty not to
exceed $500 for violations of this ordinance; and providing for an effective date.
Council Member Engelbrecht recommended removing the word “standing” from the ordinance
and in Section 2 (b) (6) to change the wording to “prohibit parking” instead of “standing”.
City Attorney Burgess stated that the staff would amend the ordinance and take out “standing”
and insert “parking or stopping”.
Council Member Engelbrecht motioned, Council Member Gregory seconded to adopt the
ordinance as amended. On roll call vote, Council Member King "aye", Council Member Roden
"aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member
Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
Item H. was considered.
H. Consider appointments to the City's Boards & Commissions.
1. Airport Advisory Board
2. Animal Shelter Advisory Committee
3. Community Development Advisory Committee
4. Health & Building Standards Commission
5. Historic Landmark Commission
6. Human Services Advisory Committee
7. Library Board
8. Parks, Recreation and Beautification Board
9. Planning and Zoning Commission
10. Public Art Committee
City of Denton City Council Minutes
July 19, 2011
Page 8
11. Public Utilities Board
12. Traffic Safety Commission
13. Zoning Board of Adjustment
14. Economic Development Partnership Board
Mayor Pro Tem Kamp nominated Mary Behrens for the “all” position on the Human Services
Advisory Commission.
Council Member King motioned, Council Member Engelbrecht seconded to approve the
nominations as listed in the agenda back up materials plus the new nomination of Mayor Pro
Tem Kamp. On roll call vote, Council Member King "aye", Council Member Roden "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts
“aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
5. PUBLIC HEARINGS
Ordinance No. 2011-116
A. Hold a public hearing and consider adoption of an ordinance of the City Council
of the City of Denton, Texas, ordaining the City's participation in the Texas
Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter
2303, Texas Government Code (Act), providing State tax incentives, designating
a liaison for communication with interested parties, and nominating Target
Corporation to the office of the Governor, Economic Development & Tourism
(EDT) through the Economic Development Bank (Bank) as an Enterprise
Project (Project); establishing the boundaries of said zone, and providing an
effective date.
Michelle Cunningham, Business Development Officer, stated that Target Corporation had
expressed an interest in an Enterprise Business Zone. The Texas Enterprise Zone Program was a
State of Texas economic development tool to promote job creation and capital investment in
economically distressed areas of the state. Successful applicants would be eligible to apply for
State sales and use tax refunds on qualified expenditures. The level of refund was based on the
capital investment and number of jobs created for economically disadvantaged individuals.
Target Corporation was projecting a capital investment of $100 million at the Denton
distribution center and 115 new jobs. At this investment level, they could receive a state refund
of up to $287,500 annually. Target Corporation had offered to pay the $750 application fee with
no other city costs involved. No city sales taxes would be refunded as a component of this
request. This request represented an opportunity to assist Target Corporation to receive a
significant State sales tax refund. The Economic Development Partnership Board had
recommended approval.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
City of Denton City Council Minutes
July 19, 2011
Page 9
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the ordinance.
On roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2011-116
B. 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 4 (NR-4) zoning district on approximately 30.442
acres. The property is located north and west of Clubhouse Drive, south of Loon
Lake Road and east of Ranch House Drive; and providing for a penalty in the
maximum amount of $2,000.00 for violations, thereof, severability and an
effective date. (Z11-0003, Unicorn Lake Estates) The Planning and Zoning
Commission recommends approval with a restrictive overlay (5-1).
Mark Cunningham, Director of Planning and Development, presented the details of the proposal.
He stated that the applicant was proposing to rezone the subject property with the intent to utilize
the additional lot coverage permitted in the NR-4 zoning district to construct larger single-family
dwellings. The Planning and Zoning Commission recommended approval as well as the
Development Review Committee. The Planning and Zoning Commission had recommended a
condition that no duplexes would be built on the site when developed.
The Mayor opened the public hearing.
Terry Mitchell spoke in favor of the proposal.
The Mayor closed the public hearing.
Council Member Watts motioned, Council Member King seconded to adopt the ordinance with
conditions. On roll call vote, Council Member King "aye", Council Member Roden "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts
“aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2011-117
C. Hold a public hearing and consider adoption of an ordinance providing for an
amendment to the City of Denton Mobility Plan. The subject property is located
on the west side of Teasley Lane (F.M. 2181), north of Ryan Road); and
providing for a penalty in the maximum amount of $2,000.00 for violations,
thereof, severability and an effective date. (CA11-0003, Teasley Trails) The
Mobility Committee recommends approval. The Planning and Zoning
Commission recommends approval (5-1).
PS Arora, Development Review Committee Administrator, stated that Hanover Property
Company was requesting an amendment to the Connectivity Component of the Mobility Plan.
The requested amendment was to not extend El Paseo Drive further east towards Helm Street
within the property boundary of the proposed Teasley Trails. The current provisions of the
Denton Development Code indicated that the street system for each development shall be
City of Denton City Council Minutes
July 19, 2011
Page 10
connected with existing, proposed and anticipated streets within and outside the development
and shall be extended to the property boundary of the subdivision so as to provide for adequate
access and the safe and effective movement and circulation of traffic. This proposal did not meet
those Development Code requirements and would vary the Code provision. Area residents have
expressed concerns regarding the anticipated increase of traffic on Teasley as a result of the
proposed subdivision, the lack of traffic signalization on this part of Teasley and the issues with
turning to or from Teasley from the surrounding neighborhoods. There was also the issue of a
property owner not wanting to give right-of-way for the extension of El Paseo now or in the
future. Staff also analyzed water, wastewater and drainage service and impacts of the proposed
development so as to provide a complete view of the integration of the proposed development
with the public facilities in addition to presentation of traffic impacts. There was also an existing
sewer line that would not allow connection. There was, however, enough capacity in the 8-inch
sewer line to convey wastewater from the proposed development. The developer had indicated
that the property owner would provide a right-of-way dedication in the tract owned by him south
of his property which would allow the future extension of Monte Carlo from the proposed
development to connection with Ryan Road. Off-site sewer line extension to tie to the existing
city sewer line in Ryan Road could be routed through this right-of-way dedication. The Traffic
Study indicated that removal of El Paseo between Carmel Drive and Helm Lane would have an
insignificant effect on the present and future traffic operations in the study area. The Mobility
Committee recommended approval as did the Planning and Zoning Commission.
Council Member Gregory asked how the developer would deal with runoff.
Arora stated that the northern section would not raise any water surface or any downstream or
upstream water levels.
Council Member Watts asked if the street would have to elevated or have a grade level road due
to the flood plain in the area.
Arora stated that the road would have to pass a 100 year storm requirement.
Mayor Burroughs stated that only the Mobility Plan issue was being considered at this meeting,
not any zoning issues.
Mayor Pro Tem Kamp stated that the request was an amendment to the Mobility Plan which had
been discussed at length in the Mobility Committee regarding this proposal. She asked if Arora
approved of the changes.
Arora stated that the data and methods used showed that the traffic patterns would be adequate.
The Mayor opened the public hearing
Tom June, engineer on the project, spoke in favor.
The Mayor closed the public hearing.
Mayor Burroughs asked why one Planning and Zoning Commissioner recommended denial.
City of Denton City Council Minutes
July 19, 2011
Page 11
Mark Cunningham, Director of Planning and Development, stated that the Commissioner who
recommended denial indicated that he was not in favor of the proposed alignment.
Council Member Watts motioned, Council Member King seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Roden "aye", Council Member
Gregory "aye", Council Member Engelbrecht "aye", Council Member Watts “aye”, Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
D. Hold a public hearing and consider adoption of an ordinance regarding a
1,805.78+-acre Detailed Plan to amend two (2) previously approved detailed
plans. The subject detailed plan will allow: (1) the creation and subsequent
development of 4,288 single-family residential lots; (2) a golf course; (3) a
baseball field; (4) the relocation of a previously approved gas well park (Gas
Park 13) approximately 307 feet north from its previously approved location,
and (5), the elimination of a previously approved gas park (Gas Park 9). The
subject site is located north of Crawford Road, south of H. Lively Road, east of
Florence Road, and west of Hunter Ranch Master Planned Community
(AMPC10-0001); and providing for a penalty in the maximum amount of
$2,000.00 for violations, thereof, severability and an effective date. (Z08-0021,
Robson Ranch Planned Development, PD-173) The Planning and Zoning
Commission recommends approval subject to conditions (4-1).
Mark Cunningham, Director of Planning and Development, presented the details of the proposal.
The request would allow for the following: the amendment of two previously approved Detailed
Plans; the creation and subsequent development of 4,288 single-family residential lots; a golf
course; a baseball field; the relocation of the previously approved Gas Park 13 approximately
307 feet north from its approved location; and the elimination of the previously approved Gas
Park 9. A detail of the Planned Development chain of events was presented which included
details of Ordinance 99-265, Ordinance 2000-059, Ordinance 2001-274, Ordinance 2003-342,
Ordinance 2008-285, Ordinance 2009-084, Ordinance 2009-085, and Ordinance 2009-103. The
status of Gas Parks A, B, C, D and F and 7, 9, 10, 11 and 13 was discussed. The proposed detail
plan showed open space areas and a landscaping plan including a planting schedule and the types
of trees to be planted within the development. The landscape plan and planting schedule were
reviewed and approved by the City’s Landscape Administrator.
The Development Review Committee and the Planning and Zoning Commission recommend
approval with the following conditions: (1) all original conditions of approval and subsequent
modifications associated with Planned Development 173 shall remain valid, unless specified
herein, and to the extent not shown on the Detailed Plan, the city codes would govern; (2) the
Detailed Plan as submitted and shown in Exhibits 4, 5, 6, 7, 8, 9, and 10 would guide the
development of the Planned Development; (3) prior to approved of a plat, the applicant shall
submit a report showing the proposed water and sewer demand for the use, the City’s denial or
approval shall be contingent upon available capacities to service the project; (4) the standards for
new gas well drilling and production shall be the same as in the Denton Development Code
except for no gas well drilling or production area may be located within 100 feet of any
residential property or 300 feet of any public assembly area for approved Gas Park Detailed Plan
sites.
City of Denton City Council Minutes
July 19, 2011
Page 12
Council Member Roden asked about the status of the gas parks. He felt that there were two sites
excluded from the history presented that were in the middle of the property which were designed
as future sites in the current Detailed Plan. He questioned if those were previously approved as
gas parks.
Cunningham stated that what were approved were 10 gas parks. There were areas identified on
the Concept Plan for tentative locations for gas parks but not all had been approved in the
Detailed Plan.
Council Member Watts questioned if the relocation of the Gas Well Park #13 would require a
new plat.
Cunningham replied correct as the plat had specific mets and bounds and those new specific
mets and bounds would have to be shown.
Council Member Watts questioned if the location of the gas well parks in the first Detailed Plan
that was submitted and then was amended showed those locations in open spaces.
Council Member Gregory asked about some gas well parks that did not appear on the Detailed
Plan that were there previously.
Cunningham stated that the gas well parks were shown as permitted uses. Originally there were
20 potential parks and many of the proposed parks had gone away.
Council Member Gregory asked about the process for some of them to not be developed.
Cunningham stated that there was not necessarily a process for those to not be developed. As
long as they were shown on the Concept Plan they were allowed but the submission of a Detailed
Plan would show how the property was going to be developed. The Concept Plan allowed for up
to 20 gas well parks but the developer did not have to do all of them.
Mayor Burroughs asked if the moving of Gas Well Park #13 would require an amended plat.
Cunningham stated that the approved plat for Gas Well Park #13 which would have to be
amended for the new location.
Council Member Engelbrecht asked for a definition of a gas well drilling area and production
area.
Cunningham stated that the Development Code as amended identified that definition. When a
gas park was submitted for a Detailed Plan, the location was shown on the plat which showed the
boundary of the gas park. It meant the boundary of the gas well park as identified on the plat.
Council Member Engelbrecht stated that it was then indicating that the edge of the gas well park
as platted had to be 100 feet from the residential property line which meant that there had to be
150 feet of space in there for setbacks.
City of Denton City Council Minutes
July 19, 2011
Page 13
Cunningham stated that the condition was indicating that there would be no gas well drilling or
production area located within 100 feet of any residential property or 300 feet of any public
assembly area. This meant from the gas well production area to the residential property, from
boundary to boundary.
Council Member Engelbrecht asked if this contained conflicting language.
Cunningham felt that there was some conflicting language if the gas well head was used.
However, this was a more restrictive condition.
Mayor Burroughs stated that there could be a buffer in the gas well site itself but it did not count
as it was all part of the production area.
Cunningham replied that was not necessarily the case. It all depended on how it was identified
on the gas well plat. Once the plat was submitted, that area would be known.
Mayor Burroughs asked if it was required to show a buffering area outside the production area.
Cunningham stated that there was an illustration showing a gas well production area and outside
the gas well production area there was a green belt and the idea was that once the gas well was
reclaimed in conjunction with the green belt, a park would be created. When the plat was
submitted for review and approval, if the entire area was identified as the gas well drilling and
production area, then the measured distance would be taken from that. If within the 5.2 acre site
an internal gas well production area was shown, then the measurement would be taken from that.
Within the plat, the gas well production area needed to be identified.
Council Member Gregory stated that it was not from the edge of the gas well park to the
residential property line.
Cunningham stated that it all depended on how it was labeled on the plat when recorded.
Council Member Gregory felt there needed to be a clearer definition of that condition.
Council Member Watts questioned the reason for the Planning and Zoning condition regarding
specific spacing requirements.
Cunningham stated that on the 2001 Concept Plan, it indicated that wells would be drilled before
construction no closer than 100 feet of residential property and 300 feet of a public assembly
area. The condition was a version of what was written on the 2001 Concept Plan.
Council Member Watts stated that the Planning and Zoning Commission condition did not
reflect that exact language.
Cunningham stated that the language was more specific and potentially more restrictive. When
Subchapter 22 was amended last year, prior measurements were taken from the gas well head but
when amended, the measurements were from the gas well drilling and production area to the
protected use.
City of Denton City Council Minutes
July 19, 2011
Page 14
Council Member Gregory asked if the Planning and Zoning Commission discussed the
interpretation "before construction".
Cunningham stated that he could not remember but if they did discuss it there probably were
various interpretations of what it meant. Some interpretations meant prior to construction of
residences. A review of the tape of the 2001 meeting indicated before construction of residences
around the gas well parks.
Mayor Pro Tem Kamp stated that the language would apply to Gas Well Park #13 but questioned
if would be apply to others going forward.
Cunningham stated that it would only apply to this Detailed Plan which identified only one gas
well park.
The Mayor opened the public hearing.
Steve Soriano, applicant, spoke in favor. He stated some of the conditions that were now in the
proposed ordinance were not detailed at the Planning and Zoning Commission meeting but were
talked about in concept. The ordinance from 2001 showed a typical gas park. There was a
central area with well heads, with a fence around that, a gravel area with a block wall for buffer
around the well heads and around that was a park-like area which was buffer from buffer. He
had a concern if a new defined term for production area was added, which was not a defined area
in the Concept Plan or Planned Development for Robson Ranch, it would add an element of
confusion. If the production area became defined as the outmost perimeter of the gas park then
that could be interpreted as 100 feet from the buffer for the buffer. He felt the conditions needed
to stay with the language of the planned development and not introduce a new defined term. In
terms of the first condition, the language “and to the extent not shown on the Detailed Plan, the
city codes shall govern”, they were not looking to give up previous approvals. The noted
wording was a discussion point but they would like the wording to indicate “to the extent shown
in previous approvals” and not just in the Detailed Plan. There was a body of entitlements from
1998 and they would like to retain those approvals. He questioned a power point slide showing
expired plats as those wells were actually drilled and questioned how they could be expired.
Those wells were drilled and in place.
Council Member Gregory stated that most of the Council concerns were with the co-existence of
wells and residences. Mr. Soriano had indicated that he did not want to give up any of the
Concept Plan previously approved. There were some gas well sites shown on the original
Concept Plan that were not there on the Detailed Plan. He questioned if Mr. Soriano wanted to
maintain the right to drill those wells.
Soriano stated that he was not asking for that. He was referring to the other concepts dealing
with street widths, size of the houses, etc. If it was not addressed in the current proposal, then he
wanted the old provisions to stand.
Council Member Gregory asked what Soriano thought the term “before construction” meant
from the 2001 plan.
Soriano stated it was before construction of the houses that would be built.
City of Denton City Council Minutes
July 19, 2011
Page 15
Council Member Gregory stated that the wells would be drilled before the homes were built.
Soriano stated that the intent was to get the wells drilled before the house was in place.
Council Member Gregory asked if he would agree to a condition for the approval of the Detailed
Plan that the City would not grant building permits for the homes within 1,000 feet of the wells
until all the wells were completed within a gas park.
Soriano asked for a clarification of the proposal.
Council Member Gregory stated that no building permits would be issued for the homes within
1000 feet or 700 feet or 800 feet of a gas well park until all of the initial drilling of the gas wells
were completed.
Soriano stated that he would be hesitant to do that as it might lead to greater uncertainty and a
false illusion that drilling would be done. He was not clear on the term “initial drilling” and they
were not the drillers of the wells, those were lease out to a company.
Council Member Gregory stated that with Gas Well Park 13, if they were allowed four wells that
after the fourth well was drilled, building permits could be issued for all of the homes in the area.
But until the fourth well was drilled, building permits would not be issued for homes within 1000
feet of the drilling.
Soriano stated that was not feasible. They had a public meeting that showed 1000 foot
circumference around each well would eliminate a lot of the homes. He would not know when
the drilling company was completed with the drilling. Every year there was new technology that
might allow more drilling on site.
Mayor Burroughs stated that the proposal at this meeting was dealing with Well #13. Currently
there was no residential site at the location and it would be some time before there was
residential development in the area. If the well came first, the language was already there to deal
with it. It was the situation that if the residential development came first that there was
uncertainty. If the well was already there, a buyer had that information to consider when
purchasing. If the well was not already there, it became more of a notice problem for decision
making. He asked if there was a spacing that, if the residential came first, Mr. Soriano could live
with that was beyond 100 feet that would deal only with Gas Well Park #13.
Soriano stated that the reason there were gas well parks instead of individual wells was that
technology had improved to cluster the wells to minimize the number of homes impacted. His
concern was that in the future a lessee of the gas park might want to drill on leased property and
he did not want to restrict that as it was not his position to do that. He might consider a billboard
on the gas park site to notice potential buyers of the future site.
Mayor Burroughs asked if Council could impose a condition for on-site notice of a certain size to
be maintained and visible from adjacent roadways until the first well was built.
City Attorney Burgess stated that Council could impose that condition if the developer was
offering that.
City of Denton City Council Minutes
July 19, 2011
Page 16
Soriano stated that he would be comfortable with that which would make sure that people knew a
site was proposed and would see the notice of the area. It would also protect the rights of the gas
well company to drill.
Council Member Roden asked about the status of Gas Well Park A.
Soriano stated that it had been initially drilled with the fence and green belt around it.
Council Member Roden stated that at any point the gas company could come back to rework that
well.
Soriano stated that was correct.
Council Member Roden stated that there were two sites in the proposed Detailed Plan noted as
future sites and asked what the plans were for those two.
Soriano stated that he had been told by the gas company that those sites were no longer needed.
He did not believe that those two parks would come to Council for a Detailed Plan and the area
probably would be converted to new houses. At this time, they were not considered at this
meeting. If Council approved the plan, those two parcels were not to be considered.
Council Member Roden asked if Soriano would consider a condition to the approval of the
Detailed Plan to officially remove those as gas parks from the plan.
Soriano stated that he would have to talk to the people who had the mineral rights. Right now
they were not in a Detailed Plan as gas parks. There would be no way to remove them as they
were not gas parks right now. He would have to come back with a Detailed Plan on those areas
whether they would be gas well parks or residential homes. The gas company had indicated that
they probably did not need those sites but he would want that in writing before he would give
those up. He was willing but not able until he had it in writing that the tenant did not need them.
Council Member Gregory stated that he appreciated the notification that was currently provided
potential buyers prior to closing regarding the gas well sites. He was concerned that a billboard
might still be somewhat misleading in terms of the area of the site. He questioned if Mr. Soriano
would be comfortable with a condition to have sign but also something that would indicated the
boundary of where the masonry site of the gas well park would be located.
Soriano stated that they could have a sign large enough that it was an obvious future gas well site
with the plat laminated on the billboard. It would remain until the first well was drilled.
Council Member Gregory asked about the size of the sign.
Soriano stated that Council or staff could help determine the size.
Mayor Burroughs stated that he had asked the Assistant City Manager to perhaps have the sign
the same size as the zoning notice sign in order to be consistent with the city’s regulations.
City of Denton City Council Minutes
July 19, 2011
Page 17
Council Member Watts asked about the removal of Gas Well Park #9.
Soriano stated that they were asking for approval of the Detailed Plan to show that houses would
be built there instead of Gas Well Park #9.
Council Member Watts stated that the original Detailed Plan from 2000-2001 showed all homes
and then a Concept Plan came after that to inject gas well parks to overlay on the Detailed Plan.
He was not sure why that did not work in reverse. It would be the same as if those two areas
were designated as homes, there still would an opportunity to make an amendment to incorporate
the gas wells. In a meeting this morning, Soriano indicated that he had asked staff when
originally submitted to make the areas residential but that staff would not allow that without a
Concept Plan amendment. If that were allowed without an amendment to the Concept Plan at
this time, was that something that Soriano would be willing to do.
Todd Fitzgerald, project engineer, stated that working with staff through all of the different
versions, that it was best to keep them as listed.
Mayor Burroughs noted that there was a posting issue concerning those two areas. If Council
were to try and change those to residential it could not be done at this meeting as it was not
posted for that. Gas Well #9 was posted as residential but not the other two areas.
Council Member Watts asked about the fencing around Gas Park G and that installation was
being held for approval of the Detailed Plan.
Soriano stated that the well had been completed in just the last few weeks and the fence was
ready for installation.
Council Member Watts questioned if pending approval of the plan at this meeting, would the
fence be installed within 60 days.
Soriano replied correct.
Council Member Watts was concerned that the installation of the fence was contingent on
approval of this proposal.
Soriano stated that the houses north of the gas park and south of the existing houses were new to
this Detailed Plan. If approved, the entrance to the gas park would be from the south. If not
approved, they did not want to have the fence installed and then have the area potentially
changed and the entrance had to be changed.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Kathleen Wazny, 9117 Perimter Street, Denton, 76207 stated that she was in favor of the
Detailed Plan but would like a gas monitoring condition added such as 24/7 monitoring at
each site patterned after monitoring at Flower Mound.
Bruce Walker, 9805 Grandview Drive, Denton, 76207, spoke in opposition.
City of Denton City Council Minutes
July 19, 2011
Page 18
Elma Walker, 9805 Grandview Drive, Denton, 76207, spoke in opposition
Tom Morris, 15008 Edmondson Drive, Denton, 76207, spoke in support with conditions
Mitzie Fiedler, 10012 Edmondson Drive, Denton, 76207, spoke in support with
conditions such as Robson Ranch donate land for a fire station; monitoring as Flower
Mound; pave an emergency exit; the creation of a task force to monitor safety at Robson
Ranch; same restrictions as Rayzor Ranch; and not have grandfather conditions less than
all other residents for the city of Denton.
Bruce Fielder, 10012 Edmondson Drive, Denton, 76207, spoke in support but with
conditions
Dr. Daniel Thomas, 9501 Perimeter Street, Denton, 76207, spoke in support
Phillip Sweet, 9713 Grandview Drive, Denton, 76207, spoke in support of the plan
Dorothy Fersch, 9609 Lindenwood Trail, Denton, 76207, spoke in opposition and asked
for more time for consideration.
John Fersch, 9609 Lindenwood Trail, Denton, 76207, clarified that not everyone who
purchased at Robson Ranch received a map of the gas well locations before purchasing
their property.
The applicant was allowed a five minute rebuttal. Soriano stated that in terms of residents not
receiving notification of the gas wells, he had documentation of some of those homeowners
signing the information sheet and the date signed but who continue to say they were not notified.
He spoke with staff regarding the sign was that being requested and was told that it would
require a Detailed Plan amendment in order to put up a sign. If that were true, he would
probably not be in favor of that condition if he had to do a Detailed Plan amendment.
Council Member Roden stated that the residents had brought forward a number of conditions one
of those being a paved northern evaluation route.
Soriano stated that the traffic studies had the traffic going out Michelle Way and the main
entrance of the community at Robson Blvd. As they continued to develop, the roads to the north
would be developed. The gas companies had put in a crushed limestone road where the road
would be. Those types of roads were designed to handle the weight of a rig. That road could not
be paved at this time as that was the location where the utilities would be located. The road
would be paved in segments as the area was developed.
Council Member Roden stated that another resident concern was various types of gas well
monitoring. Several kinds were mentioned such as noise, leaks, and gas emissions. He asked if
the developer would have any interest in working with some sort of monitoring systems
throughout the development.
Soriano stated that they were in support of monitoring as the appropriate regulatory agencies
wanted to do. They were home builders and did not know how to monitor. They had offered up
a piece of land should one of the regulatory agencies want to set up additional or above average
equipment at the location.
Council Member Roden stated that it sounded like there were a number of citizens who might
want to research what would be appropriate monitoring in the area and asked Soriano if he would
be willing to fund those suggestions.
City of Denton City Council Minutes
July 19, 2011
Page 19
Soriano stated that he could not answer that as it was too open and undefined.
Mayor Burroughs asked about the intent for a donation of a fire station site. That was one of the
original projections for dedication. He questioned if that was still a long term or short term
projection for the development.
Soriano stated that the issue had come up at the Planning and Zoning Commission meeting and
he had been asked if requested, would they dedicate a fire station site. They were willing to do
that upon a written request and a mutual agreement on a site.
Council Member Engelbrecht asked if the developer had any discussion with the Fire
Department with regards to entry of the property via Lively Road.
Soriano stated he personally had not but that the Design Review Committee had reviewed the
plan with various public safety departments and there had been no comments on something that
needed to be modified. He thought someone from the Fire Department had been out there
recently to look at the road.
Mayor Burroughs stated that he had asked staff to inspect the road to see if it was adequate for
the type of equipment needed to address fire or other emergency needs.
Council Member Watts felt that it was the company’s position that the setbacks they were under
were the ones prescribed in the 2001 Concept Plan which was the 100 feet before construction
and the 300 feet for public assembly. He question if Soriano would object to looking at different
setbacks. He was uncomfortable that there would be residential homes abutting gas well parks.
He did not want to waive or give up the city’s rights if this was approved to which setback
regulations were in effect.
Soriano stated that the plan to be considered at this meeting was developed using the Concept
Plan that included the 100-300 foot setbacks. He did not know how many lots would be lost if
the buffer around the wells were increased to a minimum of 200 or 250 feet. While he wanted to
have the plan approved, there was the factor that the other gas well pads were already platted and
consideration was only for Gas Well #13. If expanding that to 200-250 feet on that well was the
difference between receiving approval or denial then he was willing to do that on that well only.
He would agree to 250 feet from the well head and not from the buffer.
Council Member Watts stated that in that scenario, the residential distance would increase from
100 feet to 250 feet. He could understand not wanting to change the requirements for gas well
parks already under construction but he was talking about only those that had not been platted.
He asked Soriano to think about the wells already platted but that had no residential lots around
them and the possibility of increasing the distance.
Soriano stated that as they went through the final platting they would consider the request and
maximize the distance from the well heads to the homes as best as they could.
Council Member Watts asked if as condition to move forward for Gas Well Park #13 to have the
minimum setback of 250 feet for residential property.
City of Denton City Council Minutes
July 19, 2011
Page 20
Soriano replied yes on that well they would be willing to have that distance from the well head
and not from the buffer.
Council Member Engelbrecht asked if Soriano would work with Fire Department to allow access
to the entrance on Lively Road.
Soriano stated yes that they could have a key to the gate or a code or consent from the Council
that in an emergency the gate could be knocked down. He indicated that he still had some
concerns regarding the language of the stipulations. The distance would be from the well heads;
and with the language dealing with the exception of Section 22 he would like the language to
indicate that the previous entitlements of the Detailed Plan were still in effect and not just the
one ordinance.
The Mayor closed the public hearing.
Chief Hedges, Denton Fire Department, indicated that he had driven the north entrance and felt
that the road could handle the fire/EMS equipment if needed.
Mayor Burroughs asked if there was any equipment that the road would not be able to handle.
Chief Hedges felt that the hook and ladder truck might not be able to use the road but that it
would not be used in that situation.
Mayor Pro Tem Kamp stated that one of the suggestions by the residents was to have a Denton
task force on safety. She questioned that staff was already working with a committee of
residents on public safety.
Jon Fortune, Assistant City Manager, stated that staff had been participating with Robson’s
Safety Committee and with joint training. The Fire Department had also provided community
activities as requested.
Council Member King asked about the placement of the sign without the requirement of a
Detailed Plan amendment.
Cunningham read the wording in current regulations concerning signs.
Council Member King questioned that as the Council was considering the Detailed Plan at this
meeting, could not a requirement for a sign be included in the Detailed Plan.
Cunningham stated that there would be a requirement to show the specific locations of specific
types of signs for the project which was typical for planned developments. Just any type of sign
could not be erected in the planned development.
Mayor Burroughs asked if the signage description was a zoning issue and that a zoning change
would be needed to do that.
Cunningham stated that an amendment to the language in the zoning would be needed to account
for the sign.
City of Denton City Council Minutes
July 19, 2011
Page 21
Mayor Burroughs asked about the City putting up the sign for a temporary use and the City
paying for the sign.
Cunningham stated that he would have to defer to the Legal Department because again Council
was talking about a planned development with its own set of regulations.
Mayor Burroughs asked if a planned development limited the looked of a gas rig. He questioned
if it limited the look of a gas rig and the signage on it. He felt there was some room to find a
resolution either in the gas regulations for safety notice or some other provision.
Cunningham stated that until the Detailed Plan was approved, there was no particular use
assigned to the site.
City Attorney Burgess stated that there was the possibility for staff to draft the conditions to
think through the possibilities. She would like the opportunity to find latitude for provisions and
come back with the conditions Council desired.
Mayor Burroughs asked if Council could put in a condition and staff find way to meet the
requirement. If not, Council could give direction for the condition to remain and the developer
would receive a free Detailed Plan amendment to get it done.
Council Member Roden asked if Gas Park F and the related storage tanks was one area or two
separately approved areas.
Cunningham stated that the first amended Concept Plan in 2001 had storage tanks at two
locations. There was also Gas Park F noted. The second Concept Plan amendment relocated the
storage tank to another location in 2009. There were two separate facilities in the same general
location.
Council Member Roden asked about the notification requirements for potential buyers at Robson
Ranch.
Cunningham stated that whenever there was a proposed amendment to a Concept Plan or a
proposed Detailed Plan or a previously approve Detailed Plan, a public hearing was required by
the Planning and Zoning Commission and a public hearing at Council. Those public hearings
were required to have property notifications. Specific to Robson Ranch, notifications were given
to property owners within 200 and 500 feet, to all of the property owners in the planned
development and also to the Homeowners Association. He could not speak to the notifications
that were provided by Robson Ranch.
Council Member Engelbrecht stated that when the drilling company started working a site, a sign
had to be installed that identified the well by number. He asked if that requirement was on a
Detailed Plan as it was part of a planned development.
Cunningham stated that in planned development regulations, if particular language was omitted
then the city’s language that applied to the closest zoning district would apply to that
development. There were specific regulations concerning signage at Robson Ranch and it was
not like the language was silent.
City of Denton City Council Minutes
July 19, 2011
Page 22
Cunningham stated that there appeared to be a disagreement regarding Gas Well Parks D and B.
The applicant stated that wells were drilled in those two parks. The City did not have records of
permits in these two parks. He stated that if permits were issued for those wells, he asked to
have a copy to update their records.
Council Member Gregory asked if as the gas well drilling ordinance was revised and if in Phase
2 of that revision there was a requirement added for air monitoring, would the wells be subject to
those regulations.
Cunningham state that the regulations of the Denton Development Code would apply to anything
other than the setbacks.
Council Member Roden asked for a clarification that condition #4 only applied to Gas Well Park
#13.
Cunningham state that this specific condition only applied to Gas Well Park #13 as there was
language that applied to all other wells on the Concept Plan document.
Council Member Roden stated that any future regulations could be applied to other gas well
parks.
Cunningham replied correct as long as it did not conflict with any other previously approved
language in the planned development Concept Plan documents.
City Attorney Burgess stated options for Council to consider were that staff could attempt to
craft the provisions at the meeting or to have a discussion with Mr. Soriano at a later date to
reach a position with a fully thought out set of conditions rather than trying to do it during the
meeting.
Mayor Burroughs felt it was important to identify the topics and restate the topics for the
conditions and then give direction to staff to detail those provisions.
City Attorney Burgess stated the conditions she had were: (1) a 250 foot setback for Gas Well
Park #13 as measured from the well head to the residential property; a 300 foot setback as
measured from the well head to an assembly area; (2) a signage question concerning the posting
of signs at the site and staff to a find way to post the signs until the initial drilling at which time
the sign would be removed; (3) fencing within 60 days from approval of the Detailed Plan at Gas
Well Site G; (4) a statement that access would be provided off Lively Road for fire/EMS
vehicles; and (5) noted language as requested by the developer for clarification regarding
previous entitlements.
Mayor Burroughs noted a provision of real estate necessary to implement monitoring if and
when monitoring was required by the proper authority.
Mayor Pro Tem Kamp asked if that needed to be a condition or could it be a clarification in a
report from staff on how it would take place.
City of Denton City Council Minutes
July 19, 2011
Page 23
City Attorney Burgess stated that staff would be looking at a number of different issues when
dealing with Phase 2 and that provision could be considered then instead of in this proposal.
That language could be included for gas well monitoring as well as land for a future fire station.
Council Member Roden asked about an additional disclosure at the time of contract for the
possible reworking of wells.
City Attorney Burgess stated that revolved around planning issues. She questioned if disclosure
in the event of refracking was incumbent on the developer or the gas lessee.
Council Member Roden asked about the two gray zones and a declaration from the developer on
the intent of those two areas.
Mayor Burroughs noted Council could give direction for the city to facilitate removal of those
from the plan. He asked about the Planning and Zoning Commission condition about water and
sewer.
City Attorney Burgess stated the conditions recommended by the Planning and Zoning
Commission would be included.
Council Member Gregory stated that Council Member Roden had suggested adding a condition
to the Detailed Plan that the developer include in the disclosure statement about other work that
might happen after the initial drilling. He questioned if that was going to be added as a condition.
City Attorney Burgess stated that the discussion was whether that was for the developer or the
lessee to perform that disclosure.
Council Member Gregory felt that it could be part the notice to include that in the wording.
Council Member Watts felt that the disclosure would be made to the original purchaser of a
vacant lot and not be made to a subsequent purchase of that same lot.
Mayor Burroughs stated that Council had identified the issues and staff would be able to work
out the appropriate wording.
Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the ordinance with
the conditions as noted in the discussion.
Council Member Watts asked if the motion to approve was without seeing the specific language
in the ordinance.
City Attorney Burgess stated that Council could either approve the ordinance with the language
submitted by staff or staff could bring the language back for Council to approve at a later
meeting.
Mayor Burroughs stated that he had great reservations on tabling the item again.
City of Denton City Council Minutes
July 19, 2011
Page 24
Council Member Roden stated that there was at least one condition that had hypothetical
language associated with it such as the sign issue. He also noted that there were some
negotiations that were necessary with the developer.
City Attorney Burgess stated that if a condition included in the ordinance was not possible, there
was a severability provision in the ordinance. Staff knew what Council wanted to do but if
Council wanted to be sure of the language, it might be best not to act on it at this meeting and
bring it back.
Mayor Pro Tem Kamp stated that the applicant had agreed to everything on the list except for the
sign which was the Council’s suggestion.
Council Member Watts agreed with the postponing of consideration until the language was
resolved.
Mayor Pro Tem Kamp motioned, Council Member King seconded to continue the consideration
of the item until the August 2, 2011 council meeting to review the language on the conditions on
the Detailed Plan amendment. On roll call vote, Council Member King "aye", Council Member
Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Council
Member Watts “aye”, Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
6. 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
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.
There were no items presented by Council at this meeting
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
Mayor Burroughs indicated that the Council would be going back into Closed Session.
City of Denton City Council Minutes
July 19, 2011
Page 25
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of
the Texas Open Meetings Act.
There was no official action on Closed Session items.
The Council returned to Closed Session at 11:47 p.m. to consider the following:
Council Member King left the meeting.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071;
Deliberations regarding Real Property - Under Texas Government Code Section
551.072.
1. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of a 2.0 acre tract, more
or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton,
County, Texas, and located generally at the corner of McKinney Street
and Oakland Street, City of Denton, Texas. Consultation with the City's
attorneys regarding legal issues associated with the potential acquisition of
the real property described above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of
Denton and the Denton City Council under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any administrative proceeding or potential
litigation.
C. Deliberations regarding consultation with the City 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 on matters in
which the duty of the attorney to the governmental body 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 granting economic development incentives to a property owner
for the purpose of redeveloping a major retail facility in the City of
Denton, located at Loop 288 and I-35E. This discussion shall include
commercial and financial information the City Council has received from
the property owner which the City Council seeks to have the property
redeveloped in or near the territory of the city, and with which the City
Council is conducting economic development negotiations; including the
offer of financial or other incentives.
D. Consultation with Attorneys - Under Texas Government Code Section 551.071.
City of Denton City Council Minutes
July 19, 2011
Page 26
1.Consult with and provide direction to the City's attorneys regarding the
claim and threat of litigation received from the Carolina Transformer
Contribution Action Plaintiffs coalition, where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City Council and to the City of Denton, Texas under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
3.Consult with, and provide direction to, City's attorneys on legal rights,
restrictions, obligations, and issues associated with the proposed
annexation of DH-7, DH-9, and DH-12, where a public discussion of such
legal matters would conflict with the duty of the City's attorneys to the
City of Denton, Texas under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, and where such matters may become
an issue in potential litigation.
4.Consult with, and provide direction to, City's attorneys on legal rights,
restrictions, obligations, and issues associated with the proposed
annexation of an area along FM 2164 and west of Little Joe Road in the
City of Denton's northern extraterritorial jurisdiction, where a public
discussion of such legal matters would conflict with the duty of the City's
attorneys to the City of Denton, Texas under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas, and where such matters
may become an issue in potential litigation.
The Council went back into Open Session at 1:30 a.m. and with no further business, the meeting
was adjourned.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Finance to Vance Kemler at 349-8044
ACM:
Jon Fortune
SUBJECT
Consider adoption of a an ordinance authorizing the City Manager to execute a Professional
Services Agreement (PSA) with CP&Y, Inc. of Dallas, Texas for engineering services and
consulting services associated with Tasks
Waste (MSW) Facility, MSW Permit# 1590A, and providing an effective date (File 4683-in an
amount not to exceed $865,880.00). The Public Utilities Board recommends approval (5-0).
FILE INFORMATION
A professional services agreement for CP&Y, Inc. for Task 1 of the amendment of Municipal
Solid Waste Permit# 1590A was approved in an amount not to exceed $70,000 on May 16, 2011.
As a result of this, the soil boring plan has been submitted to the Texas Commission on
Environmental Quality. The Solid Waste staff has worked with CP&Y, Inc. to develop the
components in the next set of tasks (Tasks 2 through Task 4) which are the next steps in the
permit amendment process. The tasks include the development of the Municipal Solid Waste
Facility Permit Amendment Application (Parts One through Four) which include design and plan
development; a soils investigation, associated laboratory testing and report preparation;
satisfying US Army Corps of Engineers requirements; development of air permit applications;
and conducting public meetings and a public hearing as may be required. A more complete
description of the process is included in the attached Public Utilities Board agenda information
sheet (Exhibit 1).
The Solid Waste staff looked at several firms that specialize in landfill permitting services.
There were no firms in Denton with the necessary expertise for this project. A comparison was
conducted of the regional and national firms operating in Texas and CP&Y, Inc. was rated the
most qualified and best value.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On July 25, 2011 the Public Utilities Board recommended approval to forward this item to the
City Council for consideration.
RECOMMENDATION
Approve a professional services agreement with CP&Y, Inc. in the amount of $865,880 for
Tasks
Agenda Information Sheet
September 6, 2011
Page 2
PRINCIPAL PLACE OF BUSINESS
CP&Y, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
This is a multi-year project that may take from two to five years to complete. This is contingent
upon the completion of all necessary services that are required for the permit amendment
process.
FISCAL INFORMATION
The professional services will be funded from Capital Improvement Project fund account
660560592.1360.21100. Requisition# 104013 has been entered in the Purchasing software
system.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet without exhibits
Exhibit 2: Public Utilities Board Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4683
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #2
AGENDA INFORMATION SHEET
AGENDA DATE:
July 25, 2011
DEPARTMENT:
Solid Waste
UTILITIES ACM:
Howard Martin, Utilities, 349-8232
______________________________________________________________________________
SUBJECT
Consider a recommendation of an approval of a Professional Services Agreement with CP&Y,
Inc. of Dallas, Texas for engineering services in the preparation, development, submittal of the
permit application and associated services required to secure a Permit Amendment for the City of
amount not to
exceed $865,880.
BACKGROUND
The City Council has set goals for the Solid Waste Department that include maintaining a
capacity to serve of 50 years and achieving a 40% recycling rate. In order to achieve these long
term planning goals, the permitted capacity of our MSW Facility will need to be expanded to
ensure adequate processing, treatment and disposal capacity in its integrated solid waste
management system.
The City of Denton moved its landfill operations from the Mosley Road site in Crossroads,
Texas to the current location in 1984. The 1984 site was 32 acres. The EPA implemented
improved design and operating rules for municipal solid waste landfills receiving waste after
October 9, 1991 that were more protective of the environment. The State of Texas developed its
all facilities in
Texas were required to upgrade their facilities and operating permits to meet those new rules.
The City of Denton expanded its facility to include 252 acres, containing 152 acres for landfill
disposal, and received its new MSW Facility permit in 1997.
The Wastewater Utility and Solid Waste Funds own approximately 900 contiguous acres on the
wastewater treatment plant, the
Beneficial Reuse (Compost) operation and the Solid Waste De
utilize a portion of the 900 acre site. The undeveloped acreage will accommodate future facility
expansions for both departments.
In order to determine whether the undeveloped land on the existing site would be an acceptable
location for facility expansion, a geotechnical investigation of portions of the undeveloped areas
on the site were conducted in 2008 and a study on the feasibility of a lateral expansion of the
AIS PUB Agenda Item #2
July 25, 2011
Page 2 of 3
landfill was completed in January, 2009. The feasibility study concluded that the undeveloped
areas were compatible for landfill use and the study provided three expansion alternatives. The
study concluded that a permit amendment for a facility expansion at the existing site can provide
greater than 50 years of service capacity.
The permitting process is a multi-year process involving design, public input and multiple
regulatory agencies involvement on technical and administrative issues. The permit amendment
will consolidate the many minor permit modifications issued over the last 14 years, will be based
on the latest State of Texas major MSW rule changes of 2006, will accommodate the
incorporation of newer industry technologies, and address possible end uses of the closed landfill
disposal areas.
The City has professional service agreements (PSA) with the two lead consultants for this
project: Lloyd Gosselink, Attorneys-at-Law to provide the legal consulting services and CP&Y
to provide the engineering consulting services on this project. The initial PSAs provided for
services included in the first phase of project development which included the development of
the geotechnical team and their preparation and submittal to the Texas Commission on
Environmental Quality (TCEQ) of a solid boring plan for the proposed facility.
CP&Y has been working on their Task One items which was in an amount not to exceed
$70,000.00 and approved on April 11, 2011. The soil boring plan has been submitted to TCEQ.
The city staff has worked with CP&Y to develop the components in the next set of tasks (Tasks 2
through Task 4) which the city staff is requesting funding approval. These include the
development of the Municipal Solid Waste Facility Permit Amendment Application (Parts One
through Four) which include design and plan development; conduct of the soils investigation,
associated laboratory testing and report preparation; meeting Corp of Engineers requirements;
development of air permit applications; and conducting public meetings and a public hearing as
may be required.
OPTIONS
1.
2.for the professional services agreement.
RECOMMENDATION
The city staff recommends that PUB recommend approval of this professional services
agreement that will provide for the development and submittal of the application for a major
permit amendment for the facility.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Approval of the FY 2010 - 2014 CIP budget includes this multi-year project. PUB approved
this project: Lloyd Gosselink, Attorneys-at-Law to provide the legal consulting services and
AIS PUB Agenda Item #2
July 25, 2011
Page 3 of 3
CP&Y to provide the engineering consulting services on this project at their meeting on April 11,
2011.
DATE SCHEDULED FOR COUNCIL APPROVAL
August 16, 2011
FISCAL INFORMATION
The professional services will be funded from 660560593.1360.21100 in the amount of
$865,880. Task One in the amount of $70.000 has previously been approved and that work is
on-going.
EXHIBITS
1.CP&Y Professional Services Proposal, dated July 7, 2011
Respectfully submitted:
Vance Kemler
General Manager, Solid Waste & Recycling Services
Exhibit 2
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 July 25, 2011
4
5 After determining that a quorum 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, July 25, 2011 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Dick Smith, Vice Chair Bill Cheek Barbara Russell, Randy Robinson
11 and Bill Grubbs
12
13 Absent Excused: John Baines and Phil Gallivan
14
15 Ex Officio Members: George Campbell, City Manager
16 Howard Martin, ACM Utilities
17
18
OPEN MEETING:
19
20
CONSENT AGENDA:
21
22
23 2)Consider a recommendation of an approval of a Professional Services Agreement with
24 CP&Y, Inc. of Dallas, Texas for engineering services in the preparation, development,
25 submittal of the permit application and associated services required to secure a Permit
26
27 1590A, for an amount not to exceed $865,880.
28
Board Member Russell motioned to approve item #2 with a second from Board Member
29
Grubbs. The vote was 5-0.
30
31
32
33 Adjourned at 10:45 A.M.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH CP&Y, INC. OF DALLAS, TEXAS FOR
ENGINEERING SERVICES AND CONSULTING SERVICES ASSOCIATED WITH TASKS 2
THROUGH 4
MSW PERMIT# 1590A, AND PROVIDING AN EFFECTIVE DATE (FILE 4683-IN AN
AMOUNT NOT TO EXCEED $865,880.00).
WHEREAS, t
being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with CP&Y, Inc., to provide engineering and consulting services for Tasks 2-4 of the City of
A, a copy of which is attached hereto and
incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under the professional services agreement with CP&Y, Inc. to the City Manager of the City of
Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. 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: _________________________________
4-ORD-File 4683
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2011
DEPARTMENT:
City Manager’s Office
CM:
George Campbell,City Manager
SUBJECT
Consider nominations/appointments to the City’s Boards and Commissions.
BACKGROUND
Below is the list of outstanding Boards and Commissions nominations and the Council Member
responsible for the nomination:
Animal Shelter Advisory Committee
– During the confirmation process, it was found that
Kari Jo Zika lives outside the city limits and thus cannot serve. This is a nomination for Mayor
Burroughs.
Health & Building Standards Commission
– Alan Nelson has moved outside of the city limits.
This is a nomination for Council Member Gregory. There are also two Alternate positions which
are nominations for any council member.
Historic Landmark Commission
– Mayor Pro Tem Kamp
Public Art Committee
– Justin Rouhier has moved outside of the city limits. This is a
nomination for Mayor Burroughs.
Traffic Safety Commission
– Michael Green will be moving outside of the city limits and has
resigned. This is a nomination for Council Member Roden.
Zoning Board of Adjustment
– Alex Payne has moved outside of the city limits. This is a
nomination for Council Member Gregory. If a current alternate is moved to a full position, there
will be a vacant alternate position for any council nomination.
Nominations could be made and voted on at this meeting should the Council desire. Approval
would be contingent on completion of the confirmation process.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2011
DEPARTMENT:
Planning and Development
ACM:Fred Greene
SUBJECTMidtown II (Z11-0006)
–
Hold a public hearing and consider adoption of an ordinance of the City of Denton Texas,
providing for a zoning change from Downtown Residential 1 (DR-1) zoning district
classification and use designation to Downtown Commercial General (DC-G) zoning district
classification and use designation, on 2.5 acres, legally described as Lots 2-9, Block B, Paul
Hamilton Addition, in the City of Denton, Denton County, Texas; providing for penalty in the
maximum amount of $2,000.00 for violations thereof; providing a severability clause and an
effective date. (Z11-0006) The Planning and Zoning Commission recommends approval (7-0).
Due to the opposition of more than 20% of the land area within 200 feet of the subject
property, a super majority vote of the City Council will be required to approve this
request.
BACKGROUND
The applicant, Mac Jones (Midtown Phase II), is requesting the rezoning of the subject property
for an expansion of the Midtown student housing project which is just completing construction.
Although the applicant has indicated a desire to construct a multi-family development at this
location, it is important to note that if the subject property is rezoned to DC-G as requested, the
property may be developed in accordance with the full use classification and general regulations
associated with the DC-G district. The increased intensity from a DR-1 zoning district to a DC-
G zoning district has been reviewed by staff and has been determined to be generally appropriate
at this location. Some commercial land uses which are permitted either by right or SUP in the
DC-G district would not be appropriate in this location given the residential nature of the area.
The property is currently developed with eight single family structures and was platted as Lots
2–9, Block B of the Paul Hamilton Addition in 1948. The subject property was rezoned from
Single Family 7 (SF-7) to DR-1 as a result of the city-wide rezoning in 2002. Uses in the SF-7
zoning district were limited to single family homes with allowances for certain educational and
institutional uses, with approval of a Specific Use Permit (SUP).
The applicant held a neighborhood meeting on July 19, 2011, to which he sent notices out to all
property owners located within 500 feet. None of the noticed property owners attended the
meeting. Twenty-one (21) public notices were sent to property owners within 200 feet and
seventy-one (71) courtesy notices were sent to residents within 500 feet of the subject property.
Three (3) responses were received from property owners within 200 feet, one in favor of the
request, one neutral response, and one opposed to the request. The property owner opposed to
the request owns a majority of the property located to the west of the subject site. This property
As a result
owner represents 22.36% of the property located within 200 feet of the subject site.
a super majority vote of the Council will be required to approve this application.
Agenda Information Sheet
September 6, 2011
Page 2
OPTIONS
1.Approve as submitted.
2.Approve subject to conditions.
3.Deny.
4.Postpone consideration.
5.Table the item.
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommended of this application with a
vote of 7-0.
APPROVAL
The Development Review Committee recommends of this rezoning request.
PRIOR ACTION/REVIEW
There has been no prior action on this site.
EXHIBITS
1.Staff Report
2.Site Location/Aerial Map
3.Existing Zoning Map
4.Proposed Zoning Map
5.Future Land Use Map
6.Letter from the Applicant
7.Notification Map
8.Site Photos
9.Planning and Zoning Commission Minutes
10.Ordinance
Prepared by:
Cindy Jackson, AICP
Planning Supervisor
Respectfully submitted:
Mark A. Cunningham, AICP
Planning and Development Director
EXHIBIT 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: August 10, 2011 TYPE: Rezoning
CC Date: September 6, 2011 PROJECT #: Z11-0005
Project Number:
Z11-0006
Request:
2.5± acres of land from a Downtown Residential 1 (NR-1) zoning
district to a Downtown Commercial General (DC-G) zoning
district.
Applicant:
Mac Jones/Midtown Phase II
Hammond Jones Development
4301 Westbank, Building B, Suite 130
Austin, TX 78746
Property Owners:
James S. Lockridge, 917 Cleveland St, Denton, TX 76201
David and Susan Shelton, 919 Cleveland St., Denton, TX 76201
David and Rina Shelton, 923 Cleveland St., Denton, TX 76201
Elva Tatangelo, 1001, 1109, & 1011 Cleveland St., Denton, TX
76201
Estate of Mary Miller, 1005 Cleveland St., Denton, TX 76201
Ilan Goddard, 1017 Cleveland St, Denton, TX 76201
Location:
The subject property is on the east side of Cleveland Street,
approximately 268 feet south of Eagle Drive.
Size:
2.5± acres
Zoning Designation:
Downtown Residential 1 (DR-1)
Future Land Use:
Downtown University Core
Case Planner:
Cindy Jackson, AICP
DRC Recommendation:
The Development Review Committee (DRC) recommends
APPROVAL
of Z11-0006.
Summary of Analysis:
The applicant is planning to integrate the subject site into the existing adjacent DC-G district for
the purpose expanding the existing student housing complex which is located to the north and
east onto the site. Multifamily uses are not permitted in the DR-1 zoning district. The subject
site is currently eight separately platted lots each developed with a single family home.
DRC Findings/Recommendation Page 1 of 26
#: Z11-0006
Case
8/25/2011 9:54:45 AM
The underlying future land use designation of Downtown University Core is consistent with the
both the current zoning district designation and the requested zoning district designation.
The surrounding area is developed with multifamily residential properties and two remaining
single family residences.
Findings of Fact
1.The site is designated as Downtown University Core on the Future Land Use Map. The
Denton Plan Specified commercial areas of the Downtown University Core
district should be places of great vitality, with a mix of education, residential, retail,
office, service, government, cultural, and entertainment development the health and
vitality of the area can contribute in a major way to the city, its local and regional image,
and quality of life. It is a place where residents can live, work, learn, and play in the
same neighborhood. It includes different uses which may occur on each floor of the
2.The Downtown University Core zoning districts are meant to encourage mixed use
developments within specified commercial areas of the district. This district is a
pedestrian friendly district.
3.The subject site is not located within any overlay or historic districts.
4.There are no planned public improvements for potable water, sanitary sewer, drainage,
or transportation facilities serving the subject site.
5.Cleveland Street is classified as an Improved Perimeter Street on the Mobility Roadway
Plan.
6.The site is developed with single family residential uses.
7.The Downtown Commercial General (DC-G) zoning district is located on the north and
east sides of the subject site. The Downtown Residential 1 (DR-1) zoning district is
located on the south side of the site and the Downtown Residential 2 (DR-2) zoning
district is located on the west side of the site.
7.There are no Environmentally Sensitive Areas (ESA) located on this site.
8.The nearest City potable water main is an existing 12-inch main along Eagle Drive. The
nearest City sewer main is from the existing 18-inch gravity main along Eagle Drive.
9.Other information stated by DRC.
A.Anticipated water demand: 225 GPM (peak)(domestic only; not counting fire
or irrigation)
B.Anticipated wastewater demand. 125 GPM (peak)
DRC Findings/Recommendation Page 2 of 26
#: Z11-0006
Case
8/25/2011 9:54:45 AM
Development Review Committee
Based upon the information provided by the applicant and a recent site visit, the Development
IS CONSISTENT
Review Committee finds that the request with the surrounding land uses and
IS CONSISTENTIS CONSISTENT
general character of the area, with the Denton Plan, and
with the Denton Development Code.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development
requirement unless specifically noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on file with the City of Denton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
Northwest: North:Northeast:
DR-2 DC-G DC-G
Single Family Residential Multifamily Residential Multifamily Residential
West: Subject Property:East:
DR-2 DC-G DC-G
Multifamily Residential Multifamily Residential Multifamily Residential
Southwest:South: Southeast:
DR-2 DR-1 DC-G
Multifamily Residential Multifamily Residential Multifamily Residential
Source: City of Denton Geographical Information System and site visit by City staff
Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies
Downtown University Core
designation. These areas are typically areas of great vitality, with a mix of educational,
residential, retail, office, service, government, cultural, and entertainment development. .
The health and vitality of the area can contribute in a major way to the city, its local and
regional image, and quality of life. It is a place where residents can live, work, learn and
play in the same neighborhood. It includes many different uses which may occur on the
same floor. New multifamily residential uses, developed under the DC-G regulations,
would be consistent with the future land use designation and therefore the Denton Plan.
B.Land Use Analysis:
The applicant is proposing to extend an existing multifamily development onto the
subject site. The proposed multifamily use is not a permitted land use in the existing
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zoning district of Downtown Residential 1 (DR-1). However, multifamily uses are
permitted in the proposed zoning district (DC-G).
The DR-1 zoning district is primarily a residential use district. Conversely, the DC-G
district is a retail/commercial district which permits multifamily residential uses.
The development standards for the DC-G district are more intense than the standards for
the DR-1 district in that there is no minimum lot area. Additionally, there are no setback
requirements unless there is a single-family residential adjacency; the maximum FAR is
3.0 instead of the maximum of 0.5 required for the DR-1 district and the open space
requirements are 15% to the minimum 40% in the DR-1 district. Essentially the DR-1
district is the least intense of the Downtown University Core Districts and the DC-G
district is the most intense of the Downtown University Core Districts.
The following tables illustrate the differences between the existing DR-1 and the
requested DC-G district:
2¤²¨£¤³¨ « , £ 5²¤
DR-1 DC-G
ExistingProposed
# ³¤¦®±¨¤²
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P N
Accessory Dwelling Units P N
Attached Single Family Dwellings N P
Dwellings Above Businesses N P
Live/Work Units P P
Duplexes P N
Community Homes For the Disabled P P
Group Homes N SUP
Multi-Family Dwellings N L(5)
Manufactured Housing Developments N N
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#®¬¬¤±¢¨ « , £ 5²¤
DR-1 DC-G
ExistingProposed
# ³¤¦®±¨¤²
Home Occupation P P
Sale of Products Grown on Site N N
Hotels N P
Motels N N
Bed and Breakfast L(8) P
Retail Sales and Service N P
Movie Theaters N SUP
Restaurant or Private Club N P
Drive-through Facility N SUP
Professional Services and Offices N P
Quick Vehicle Servicing N SUP
Vehicle Repair N SUP
Auto and RV Sales N L(20)
Laundry Facilities N P
Equestrian Facilities N N
Outdoor Recreation N N
Indoor Recreation N P
Major Event Entertainment N SUP
Commercial Parking Lots N L(28)
Administrative or Research Facilities N P
Broadcasting of Production Studio N P
Sexually Oriented Business N N
Temporary Uses L(38) L(38)
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)£´²³±¨ « , £ 5²¤
DR-1 DC-G
ExistingProposed
# ³¤¦®±¨¤²
Printing / Publishing N P
Bakeries N P
Manufacture of Non-odoriferous Foods N N
Feed Lots N N
Food Processing N N
Light Manufacturing N N
Heavy Manufacturing N N
SUP/
Wholesale Sales N
L(36)
SUP/
Wholesale Nurseries N
L(36)
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
Wrecker Services and Impound Lots N N
Kennels N N
Veterinary Clinics N P
Sanitary Landfills, Commercial
N N
Incinerators, Transfer Stations
SUP SUP
Gas Wells
L(27) L(27)
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)²³¨³´³¨® « , £ 5²¤
DR-1 DC-G
ExistingProposed
# ³¤¦®±¨¤²
Basic Utilities SUP SUP
Community Service N P
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges P P
Business / Trade School N P
Adult or Child Day Care P P
Kindergarten, Elementary School P N
Middle School N N
High School N N
Colleges N P
Hospital N P
Elderly Housing N P
Medical Centers N P
Cemeteries N N
Mortuaries N P
WECS (Free-standing Monopole Support
SUP SUP
Structure)
WECS (Building-mounted) SUP SUP
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DR-1 DC-G
General Regulations
ExistingProposed
Minimum lot area (square feet) 4,000 None
Minimum lot width 50 feet None
Minimum lot depth 80 feet None
Minimum front yard setback 10 feet None
Minimum side yard 6 feet None
Minimum side yard adjacent to a street 10 feet None
Minimum rear yard 10 feet None
10 feet 20 feet
plus 1 plus 1
foot for foot for
each each
Minimum yard abutting a single family
foot of foot of
use or district
building building
height height
over 30 over 30
feet feet
Minimum residential unit size 700 SF 500 SF
Maximum FAR 0.50 3.0
Maximum density, dwelling units per acre 8 150
Maximum lot coverage 60% 85%
Minimum landscaped area 40% 15%
100 feet/
Maximum building height 40 feet
L(33)
110 feet/
Maximum WECS height 55 feet
L(33)
Limitations
L(5)
= Within this district the density of apartments will be calculated as one bedroom equating
to .5 units.
L(7)
= Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional
animals may be added at a rate of one per each acre over three.
L(8)
The business-owner or manager shall be required to reside on the property occupied by the
accommodation, or adjacent property.
That each accommodation unit shall have 1 off-street parking space and the owners shall have 2
parking spaces. All spaces shall be in conformance with the requirements of the Off-Street
Parking section of this Chapter.
That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated
of 4 sq. ft. maximum size is allowed. Any exterior illumination of signage shall be installed such
th
accommodation.
That the number of accommodation units allowed shall be proportional to the permitted density of
hall be counted as 0.6 units for the purpose of
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designations shall be as determined by the City Comprehensive Plan. Distances shall be
measured via public street or alley access to the site from the arterial.
Excluding the business-
least 400 sq. ft. of gross interior floor space remaining per unit.
L(20)
= Permitted, but outdoor storage of autos prohibited.
L(27)
= Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production
L(28)
= Use allowed as part of consolidated parking plan.
L(33)
= Additional height may be allowed with an SUP and a view shed study, which illustrates
that any views of the Historic Courthouse are not blocked by the new structure(s) additional
height.
L(36)
= Permitted when combined with retail sales.
L(38)
= Must meet the requirements of Section 35.12.9.
B.Current Zoning District Allocation
Subject Property Future land Use/Zoning allocation
Change Based Upon
2.5 ± acres Current Allocation in the City Developed Allocation
Request
Downtown
Commercial General 1,417.23 Ac 1243.52 2.5
(DC-G)
Source: City of Denton
Fire
This submittal has been reviewed for compliance with the 2006 International Fire Code and City
Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible
for compliance with all applicable portions of the Fire Code and City Ordinances even in the
absence of review comments.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
0.25 ± acres Proposed Demand
or No)
Permitted Density 375 units Yes
Potable Water
Consumption 225 (peak) Yes
(GPM)
Wastewater
125 (peak) Yes
Generation (GPM)
B. Available Capacity:
Water service is available from the existing 12-inch main along Eagle Drive.
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Sewer service is available from the existing 18-inch gravity main along Eagle Drive.
C. CIP Planned Improvements:
There are no planned public improvements for the water and sanitary sewer facilities serving the
subject site.
Roadways/Transportation Network:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
0.25 ± acresProposed Demand
or No)
Permitted Density80 unitsYes
Average Annual
532Yes
Daily Trips (AADT)
PM Peak Hour Trips54Yes
B. Available Capacity:
The surrounding street network has the capacity to accommodate the proposed re-zoning
application.
C. Roadway Conditions:
Cleveland Street is classified as an improved perimeter street.
D. CIP Planned Improvements:
There is a future CIP drainage project along Eagle Drive.
Environmental Conditions:
There are no ESAs on the subject site.
Electric:
No Comment
Park Facilities:
Park land Dedication fees will apply to any new residential units constructed.
Comments from other Departments:
N/A.
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EXHIBIT 2
Site Location/Aerial Map
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EXHIBIT 3
Zoning Map
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EXHIBIT 4
Proposed Zoning Map
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EXHIBIT 5
Future Land Use Map
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EXHIBIT 6
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EXHIBIT 7
Notification Map and Property Owner Responses
Public Notification Date: 7/27/11
2 1
71
Number of
In Opposition: 1
In Favor: 0
Neutral: 1
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EXHIBIT 8
Site Photos
North of subject site North side of subject site
Property located on West side of site. Property located to South of site.
Property located west of site.
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EXHIBIT 9
Planning and Zoning Commission DRAFT Minutes
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EXHIBIT 10
Ordinance
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AGENDA INFORMATION SHEET
AGENDA DATE:
September 6, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Hold a public hearing and receive citizen input on the FY 2011-12 Proposed Budget.
BACKGROUND
City Charter and State Law require that prior to budget adoption, a public hearing be conducted
to allow citizens the opportunity to provide input on the Proposed Budget. The required notice
of the public hearing was published August 28, 2011, in the Denton Record Chronicle. The
notice is also posted on the City’s Web site, http://www.cityofdenton.com and on the public
access channel. A copy of the published notice is attached as Exhibit 1.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The FY 2011-12 Proposed Budget was submitted to the City Council on July 29, 2011. A City
Council Budget Workshop was held on August 4, 2011, and the City Council also discussed the
Proposed Budget at their August 9 and August 16 meetings. Copies of the Proposed Budget are
available to the public at any City of Denton library branch, and an electronic copy of the
document is available on-line through the City’s Web site, http://www.cityofdenton.com.
FISCAL INFORMATION
The 2011-12 Proposed Budget totals $591,257,534 in estimated resources and $587,028,209 in
estimated expenditures.
EXHIBITS
Notice of Public Hearing on Budget
Respectfully submitted:
Bryan Langley
Chief Financial Officer
TheCityCouncilfortheCityofDenton,Texas,willholdapublichearingontheFiscalYear201112
AnnualProgramofServices(Budget),onTuesday,September6,2011at6:30p.m.intheCityCouncil
ChambersatCityHall,locatedat215EastMcKinneyStreetinDenton,Texas,76201.Themeetingwillbe
heldforthepurposeofreceivingcommunityinputontheBudget.
THISBUDGETWILLRAISEMORETOTALPROPERTYTAXESTHAN
LAST9!wx{BUDGETBY$1,257,119,OR2.93%ANDOFTHAT
AMOUNT$927,148ISTAXREVENUETOBERAISEDFROMNEW
PROPERTYADDEDTOTHETAXROLLTHISYEAR.
Allinterestedcitizensareencouragedtoattendandexpresstheirviews.