HomeMy WebLinkAboutNovember 1, 2011 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
November 1, 2011
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, November 1, 2011 at 4:30 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. 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 shoul
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for November 1, 2011.
3. Receive a report, hold a discussion and give staff direction regarding
Single-Family:Multi-Family development ratio within the city of Denton.
Following the completion of the Work Session, the City Council w
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 Close
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 for
CLOSED MEETING
1.Closed Meeting:
A.Deliberations Regarding Real Property Under Texas Government Code, Sec.
551.072; and Consultation with Attorneys Under Texas Government Code, Sec.
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 0.16 acre tract, being Lot 13, Block 4 of
Solomon Hills, No. 3, an addition to the City of Denton, Denton County,
Texas. Consultation with the Citys attorneys regarding legal issues
associated with the potential acquisition of the tract referenced above,
where a public discussion of these legal matters would conflict
duty of the Citys 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 Citys legal positio
potential litigation.
City of Denton City Council Agenda
November 1, 2011
Page 2
B.Deliberations regarding consultation with the City Attorney Un
Government Code Section 551.071, Deliberations regarding Economic
Development Negotiations Under Texas Government Code Section 5
1.Receive a report and hold a discussion regarding legal issues on
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 the leasing of land and financing of a city facility on University
of North Texas Property located at I-35 and North Texas Boulevar
discussion shall include financial information the City Council will
review, including the offer of financial or other incentives.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN CO
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SU
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCO
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE PU
EXCEPTION). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INT
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING A
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE C
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEE
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS
ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
Honor the Texas Flag I pledge allegiance to thee, Texas, one state under God, one and
indivisible.
2. PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
1.Presentation by the Heroes of Denton County Board of Directors t
retiring member Ross Chadwick.
2.National Nurse Practitioner Week proclamation
3.America Recycles Day proclamation
4.Presentation of Regional, State and National awards for Dentons Drug
Disposal Day Program.
City of Denton City Council Agenda
November 1, 2011
Page 3
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval th
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance wit
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A W). 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 W 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 authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Air Fair, In
payment and use of hotel tax revenue; and providing an effective date. ($10,240
The Hotel Occupancy Tax Committee recommends approval (3-0).
B.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Black Chamber of
Commerce for the payment and use of hotel tax revenue; and providing an
effective date. ($16,580 The Hotel Occupancy Tax Committee rec
approval (3-0).
C.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Chamber of Commerce
(Convention and Visitor Bureau) for the payment and use of hotel
and providing an effective date. ($650,080 The Hotel Occupancy
Committee recommends approval (3-0).
D.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Community Theatre, Inc.
for the payment and use of hotel tax revenue; and providing an effective date.
($23,010 The Hotel Occupancy Tax Committee recommends approval (3-0).
E.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Denton Dog Days, Inc. for the
payment and use of hotel tax revenue, and providing an effective
The Hotel Occupancy Tax Committee recommends approval (3-0).
F.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Festival Foundation for the
payment and use of hotel tax revenue; and providing an effective date. ($82,820
The Hotel Occupancy Tax Committee recommends approval (3-0).
City of Denton City Council Agenda
November 1, 2011
Page 4
G.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Greater Denton Arts Council for
the payment and use of hotel tax revenue; and providing an effective date.
($117,780 The Hotel Occupancy Tax Committee recommends approval (3-0).
H.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Holiday Festival
Association, Inc. for the payment and use of hotel tax revenue;
effective date. ($7,640 The Hotel Occupancy Tax Committee recommends
approval (3-0).
I.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Central Business District
Association of Denton, Texas, d/b/a Denton Main Street Association for the
payment and use of hotel tax revenue; and providing an effective date. ($23,010 -
The Hotel Occupancy Tax Committee recommends approval (3-0).
J.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Music Theatre of Denton for the
payment and use of hotel tax revenue; and providing an effective date. ($5,000
The Hotel Occupancy Tax Committee recommends approval (3-0).
K.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the North Texas State Fair Association
for the payment and use of hotel tax revenue; and providing an effective date.
($73,620 The Hotel Occupancy Tax Committee recommends approval (3-0).
L.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Tejas Storytelling Association,
Inc. for the payment and use of hotel tax revenue; and providing an effective date.
($50,610 The Hotel Occupancy Tax Committee recommends approval (3-0).
M.Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Texas Filmmakers Corporation for the
payment and use of hotel tax revenue; and providing an effective date. ($5,000
The Hotel Occupancy Tax Committee recommends approval (3-0).
N.Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Agreement between the City of Denton and Denton County for the
payment and use of hotel tax revenue in support of the Courthouse-on-the-Square,
the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge
Church, Welcome Center and Outhouse Museums; and providing an effective
date. ($90,840 The Hotel Occupancy Tax Committee recommends approval
(3-0).
O.Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Agreement between the City of Denton and Denton County for the
payment and use of hotel tax revenue in support of the Denton County Historical
Commission; and providing an effective date. ($17,730 The Hote
Tax Committee recommends approval (3-0).
City of Denton City Council Agenda
November 1, 2011
Page 5
P.Consider adoption of an ordinance accepting competitive bids and
annual contract for the Rental of Heavy Equipment for various City of Denton
departments; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4814Annual Contract for Heavy Equipment Rental Service
awarded to the lowest responsible bidder meeting specification f
the annual estimated amount of $750,000).
Q.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for Electrical Energy
Transmission Fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 48472011-
12 Electrical Energy Transmission Fees in the total amount of $1,234,986.27).
The Public Utilities Board recommends approval (5-0).
R.Consider adoption of an ordinance accepting competitive bids by way of an
Interlocal Cooperative Purchasing Program Participation Agreement with the City
of Euless under Section 271.102 of the Local Government Code for the purchase
of Street Slurry Seal Services; providing for the expenditure of funds therefor; and
providing an effective date (File 4395Interlocal Agreement for Street Slurry Seal
Services with the City of Euless, contract awarded to Viking Construction, Inc. in
the estimated amount of $260,000).
S.Consider adoption of an ordinance accepting competitive proposals and awarding
a five year contract for heavy duty equipment maintenance and repairs for the
City of Denton Fleet Services Division; providing for the expenditure of funds
therefor and providing an effective date (RFP 4729Five Year Contract for
Maintenance of Heavy Duty Fleet Mechanical Services awarded to Darr
Equipment Co. in the annual estimated amount of $400,000 for a five year total
estimated amount of $2,000,000).
T.Consider approval of a resolution nominating members to the Appraisal Review
Board of the Denton Central Appraisal District; and declaring an effective date.
U.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager or his designee to execute a contract of sale (herein so called)
between the City of Denton, as Buyer and Deborah Jannette Gailes, formerly
Deborah Jannette Wrenn and Claudia Wrenn Badger, formerly Claudia Wrenn, as
Sellers, contemplating the sale and purchase of a tract of land,
Block 4 of Solomon Hills, No. 3, an addition to the City of Denton, Denton
County, Texas, according to the plat recorded in Volume 183, Pag
Records, Denton County, Texas, (the Real Property ), for the purchase price of
Forty Six Thousand and No/100 Dollars ($46,000.00); authorizing the City
Manager, or his designee, to execute and deliver any and all documents necessary
to accomplish closing of the transaction contemplated by the contract of sale;
authorizing the expenditure of funds therefore; and providing an effective date.
V.Consider adoption of an ordinance on third and final reading of the City Council
of the City of Denton, Texas, granting to Denton County Electric Cooperative,
Inc., D/B/A CoServ Electric, its successors and assigns, the non-exclusive right to
City of Denton City Council Agenda
November 1, 2011
Page 6
use and occupy rights-of-way within the City of Denton for the construction and
operation of an electric transmission and distribution system; prescribing
conditions governing the use of the public rights-of-way; providing for
compensation therefor, providing for a term of said franchise; providing for
written acceptance of this franchise; finding that the meeting at which this
ordinance is passed is open to the public; providing for severability; and providing
for an effective date.
W.Consider adoption of an ordinance authorizing the City Manager of the City of
Denton, Texas ("City") to execute for and on behalf of the city an Easement
Abandonment Agreement ("Agreement"), by and between ULE, LLC and
City, contemplating the (i) abandonment of that certain public drainage easement,
dated September 17, 2002, from Westminster Ltd. to the City of Denton, Texas,
recorded at Volume 5238, Page 3740, Real Property Records, Denton County,
Texas; (ii) partial abandonment of that certain sanitary sewer easement, dated
June 1, 1998, from Westminster, Ltd. to the City of Denton, Texas, recorded at
Volume 4103, Page 1495, Real Property Records, Denton County, Texas; and (iii)
abandonment of that certain sanitary sewer easement, dated Novem
from Harold E. Harman to the City of Denton, Texas, recorded at Volume 578,
Page 332, Deed Records of Denton County, Texas, upon the terms a
provided in the agreement, and affecting lands located in the Benjamin Lewis
Survey, Abstract No.769 and the Jeremiah Fisher Survey, Abstract
Denton County, Texas, all as more particularly described in the agreement; and
declaring an effective date. (Unicorn Lake Estates Addition Dr
Utility Line Rearrangements)
4.PUBLIC HEARINGS
A.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending the Rayzor Ranch Overlay District (RROD) Section
35.7.15 of the Denton Development Code (DDC) to provide standards for design,
architecture, landscaping and signage for 4.1 acres located at the northeast corner
of Scripture Street and I-35 Frontage Road and within a Regional Center
Commercial Downtown (RCC-D) zoning and use district; providing for
severability; providing for a penalty in the maximum amount of $2,000 for
violations thereof, and providing an effective date. (Z11-0017) The Planning and
Zoning Commission recommends approval (6-1).
5. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Bob Clifton regarding post Halloween Depression: Removing the Mask
of Competency in City Government.
City of Denton City Council Agenda
November 1, 2011
Page 7
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.
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.
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
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AGENDA INFORMATION SHEET
AGENDA DATE: November 1, 2011
DEPARTMENT: Planning & Development
ACM: Fred Greene
SUBJECT ingle-Family to Multi-Family Housing Ratio
S
Receive a report, hold a discussion and give staff direction regarding single-family:multi-
family development ratio within the city of Denton.
BACKGROUND
When the Denton Plan was written in 1999, it anticipated the accommodation of 27,000
single-family homes and 18,000 multi-family units (apartment) by the year 2020 to bring
the ratio of single-family to multi-family housing (SF:MF) from 51%:49% in 1998 to
59%:41% in 2020. As indicated in the projection, the goal of the Denton Plan is to
increase the percentage of the c-family housing units, while decreasing the
percentage of multi-family units by approximately eight percent (8%), respectively, from
the 1998 ratio. Per page thirty four (34) of the Denton Plan, single-family means: one-
family detached unit, and duplexes. The Denton Plan also defines multi-family as:
structures with three (3) or more separate units such as apartments, townhouses and
condominiums. It is noteworthy that while the aforementioned 45,000 residential units
were projected for the year 2020, per the 2010 U.S. Census, there were approximately
46,211 housing units within the city.
DISCUSSION
The Denton Development Code (DDC) accounts for five (5) types of dwellings: (1) single-
family detached; (2) duplex; (3) single-family attached; (4) multi-family; and (5)
manufactured home. as a type of
single-family dwelling; however, they are considered as being multi-family in the Denton
Plan. In addition, it does not appear that the SF:MF ratio in the Denton Plan takes mobile
or manufactured homes into consideration. These unit types are specifically excluded from
single-family dwelling, and are not considered as being multi-
family dwellings either. Manufactured homes as of
Residential (RD-5), and Rural Commercial (RC) zoning districts.
The exact definitions for each of the dwelling unit type are as follow:
Dwelling, Single-Family:
A.A detached residential unit other than a manufactured
home, hotel or motel, designed for and occupied by one family only.
Dwelling, Duplex:
B.A detached residential structure containing two (2) dwelling
units, designed for occupancy by not more than two (2) families living independent
of each other.
Dwelling, Multi-Family:
C.A structure or portion designed for three (3) or more
dwelling units or for occupancy by members of a fraternity or sorority, or by three
or more boarders or roomers.
Dwelling, HUD-Code Manufactured Home:
D.A structure constructed on or after
June 15, 1976, according to the rules of the United States Department of Housing
and Urban Development, transportable in one or more sections, which, in the
traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or
more in length, or, when erected on site, is three hundred twenty (320) or more
square feet, and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning and electrical
systems. The term does not include a recreational vehicle as that term is defined by
24 C.F.R. Section 3282.8(g).
Dwelling, Single-Family Attached:
E.A single-family dwelling that is a part of a
single structure containing at least three (3), but not more than eight (8), such
dwellings, and each dwelling:
1.Is one or more stories in height;
2.Has an outside individual front and rear entrance on the ground floor;
3.Is separated from the other dwellings in the structure by fire-rated common
walls;
4.Has an individual meter for each utilities;
5.Has access to a public street or alley;
6.Has frontage on a public street;
7.Occupies its own individual lot.
To ensure a comparison of current data that is consist with the SF:MF ratio reported in the
Denton Plan, the following analysis uses the dwelling unit types as they are used in the
Denton Plan. In that, single-family will mean: one-family detached unit, and duplexes;
and multi-family will mean structures with three (3) or more separate units such as
apartments, townhouses and condominiums. The analysis is also based on the residential
unit counts that were reported in the 2000 U.S. Census. To calculate the residential unit
count in a given year, the figure from the previous year was adjusted based on the number
of permits issued for the calculated year, minus the number of units that were demolished.
For example, in 2001, the City issued 1,252 permits for new single-family residential units,
and eight demolition permits for a net increase of 1,244 units. This net increase was then
added to the 16,526 single-family units reported for the previous year. Therefore, the
single-family unit count for 2001 was reported as 17,770.
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As illustrated in the preceding table, in year 2000, the SF:MF ratio stood at 53%:47% and
began trending towards the 59%:41% goal established in the Denton Plan. This trend
continued until 2008 when the City reported a SF:MF ratio of 60.47%:39.53%. However,
the trend began to reverse in 2009 and continues to do so to date.
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SF:MF ratio
currently stands at 58%:42%. This latest reported ratio reflects a
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determination must be made to either maintain the 59%:41%
SF:MF ratio established as a goal in the 1999 Denton Plan, or to
set a new goal. Staff is seeking direction in this regard.
OPTIONS
1.Maintain the existing 59%:41% SF:MF ratio established as a goal in the 1999
Denton Plan
2.Set a new ratio while rewriting the Denton Plan
Prepared by:
Mark A. Cunningham, AICP, CPM
Planning and Development Department Director
Respectfully submitted:
Fred Greene
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax
revenue; and providing an effective date. ($10,240 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $10,240 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Black Chamber of Commerce for the payment and
use of hotel tax revenue; and providing an effective date. ($16,580 Hotel Occupancy Tax
Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $16,580 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor
Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($650,080
Hotel Occupancy Tax Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $650,080 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of
hotel tax revenue; and providing an effective date. ($23,010 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $23,010 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax
revenue; and providing an effective date. ($14,590 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $14,590 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Festival Foundation for the payment and use of hotel
tax revenue; and providing an effective date. ($82,820 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $82,820 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Greater Denton Arts Council for the payment and use of
hotel tax revenue; and providing an effective date. ($117,780 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $117,780 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment
and use of hotel tax revenue; and providing an effective date. ($7,640 Hotel Occupancy Tax
Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $7,640 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Central Business District Association of Denton, TX d/b/a
Denton Main Street Association for the payment and use of hotel tax revenue; and providing an
effective date. ($23,010 Hotel Occupancy Tax Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $23,010 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and Music Theatre of Denton for the payment and use of hotel tax
revenue; and providing an effective date. ($5,000 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $5,000 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the North Texas State Fair Association for the payment and use
of hotel tax revenue; and providing an effective date. ($73,620 Hotel Occupancy Tax
Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $73,620 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use
of hotel tax revenue; and providing an effective date. ($50,610 Hotel Occupancy Tax
Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $50,610 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and Texas Filmmakers Corporation for the payment and use of hotel
tax revenue; and providing an effective date. ($5,000 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $5,000 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an interlocal
agreement between the City of Denton and Denton County for the payment and use of hotel tax
revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African
American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse
Museums; and providing an effective date. ($90,840 Hotel Occupancy Tax Committee
recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $90,840 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an interlocal
agreement between the City of Denton and Denton County for the payment and use of hotel tax
revenue in support of the Denton County Historical Commission; and providing an effective
date. ($17,730 Hotel Occupancy Tax Committee recommends approval 3-0)
BACKGROUND
This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a thirteen month term beginning January 1, 2012 through midnight January 31,
2013. Allocations are dependent upon requests for funding, as well as availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed all budget applications and recommended
allocations to the City Council as part of the FY 2011-2012 budget development process.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this organization is $17,730 for FY 2011-2012 and has
been included in the Annual Program of Services.
EXHIBITS
Ordinance with contract
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Mike Ellis 349-8424
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding an annual contract
for the Rental of Heavy Equipment for various City of Denton departments; providing for the
expenditure of funds therefor; and providing an effective date (Bid 4814-Annual Contract for
Heavy Equipment Rental Service awarded to the lowest responsible bidder meeting specification
for each item, in the annual estimated amount of $750,000).
BID INFORMATION
This bid is for the annual contract to supply the short term rental of heavy equipment to all City
departments. From time to time, the City of Denton has a need for heavy equipment to
supplement our fleet. The rental periods range from daily to monthly. This annual agreement
will allow staff quick access to equipment without the delay of additional procurement processes.
The annual agreement leverages volume and allows for a more competitive price than incidental
usage. No guarantee of any minimal usage is part of this agreement and each rental will have an
individual purchase order. The equipment list consists of the most commonly used sizes and
types of heavy equipment. The required specifications include equivalent horsepower, weight,
size, and other features as listed in the sample model or class provided in the attached tabulation
sheet (Exhibit 1).
RECOMMENDATION
Staff recommend award of this bid to the lowest responsible bidder meeting specification for
each item as listed on Exhibit A of the Ordinance for an estimated annual amount of $750,000.
The award for each item will be based upon monthly rate plus delivery and pickup rate.
No bids were received for items 4-5, 34, 42, 45, and 62; therefore they will not be awarded. On
Items 4, 9-10, 22, 27, 46, and 70-73, the low bidder did not meet specification, so the item was
awarded to the next lowest bidder meeting specification.
PRINCIPAL PLACE OF BUSINESS
B&R Equipment Co. Bane Machinery Darr Equipment Co.
Fort Worth, TX Fort Worth, TX Dallas, TX
Agenda Information Sheet
November 1, 2011
Page 2
PRINCIPAL PLACE OF BUSINESS (CONTINUED)
Kirby-Smith Machinery Pioneer Rental of Denton, LLC T-K-O Equipment, Inc.
Fort Worth, TX Denton, TX Irving, TX
United Rentals Northwest, Inc.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and may be
extended for (4) four additional one-year periods if agreed to by both parties with all pricing,
terms and conditions remaining the same.
FISCAL INFORMATION
These items will be charged to the using departments as needed.
EXHIBITS
Exhibit 1: Bid Tabulation Sheet
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-Bid 4814
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT FOR VARIOUS CITY OF DENTON
DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 4814-ANNUAL CONTRACT FOR HEAVY
EQUIPMENT RENTAL SERVICE AWARDED TO THE LOWEST RESPONSIBLE BIDDER
MEETING SPECIFICATION FOR EACH ITEM, IN THE ANNUAL ESTIMATED AMOUNT OF
$750,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
ITEM
NUMBER VENDOR AMOUNT
11, 13, 17, 29, 58-59 Bane Machinery Exhibit A
7, 15, 18-19, 23-24, 26, 28,B&R Equipment Co. Exhibit A
30-31, 37, 43-44, 54-56
26a, 27, 72-74 Darr Equipment Co. Exhibit A
9-10, 20, 57, 60-61 Kirby-Smith Machinery Exhibit A
53, 66, 68-69 Pioneer Equipment Exhibit A
1-3, 6, 8, 14, 16, 22, 25, 33 T-K-O Equipment Co. Exhibit A
35-36, 38-41, 46, 51-52
12, 21, 28a, 32, 47-50, 63-65, United Rentals/Denton Exhibit A
67a-c, 70-71
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. 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 Bid 4814 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2011.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-BID 4814
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Phil Williams 349-8487
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of
funds for payments by the City of Denton for Electrical Energy Transmission Fees to those cities
and utilities providing energy transmission services to the City of Denton; and providing an
effective date (File 4847-2011-12 Electrical Energy Transmission Fees in the total amount of
$1,234,986.27). The Public Utilities Board recommends approval (5-0).
FILE INFORMATION
The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new,
statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal
utilities under the jurisdiction of the Public Utility Commission of Texas for matters related to
transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT
to pay various other electric utilities in the State specific amounts. The subject requisitions listed
in the Fiscal Impact section of this document provide the City of Denton the authority required
by the City Charter to make those payments. These requisitions will encumber funds estimated
as costs for services through September 2012. No funds will actually be spent until invoices are
received, reviewed, and approved.
PRIOR ACTION/VIEW COUNCIL, BOARD, COMMISSIONS)
On October 10, 2011, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
RECOMMENDATION
Approve the payment of transmission fees to Electric Transmission Texas in the amount of
$220,253.70, Lower Colorado River Authority in the amount of $945,209.09 and Texas
Municipal Power Agency in the amount of $69,523.48 for a total amount of $1,234,986.27.
PRINCIPAL PLACE OF BUSINESS
Electric Transmission Texas Lower Colorado River Authority
Canton, OH Austin, TX
Texas Municipal Power Agency
Bryan, TX
Agenda Information Sheet
November 1, 2011
Page 2
ESTIMATED SCHEDULE OF PROJECT
These fees are estimated for electric transmission services through September 2012.
FISCAL INFORMATION
Funds to meet these regulatory fee obligations were budgeted in 2011-2012 operating account
600100.6072.5650A. Requisitions have been entered for the listed agencies and dollar amounts
listed below:
Requisition# Agency Amount
104908 Electric Transmission Texas $220,253.70
104910 Lower Colorado River Authority $945,209.09
104912 Texas Municipal Power Agency $ 69,523.48
EXHIBITS
Exhibit 1: Public Utility Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4847
Exhibit 1
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 October 10, 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, October 10, 2011 at 9:01 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, John Baines, Phil Gallivan, Barbara Russell and Leonard
11 Herring
12
13 Ex Officio Members: Howard Martin, ACM Utilities
14
15 Absent excused: Vice Chair Bill Cheek, Randy Robinson
16 George Campbell, City Manager
17
OPEN MEETING:
18
19
CONSENT AGENDA:
20
21 Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
22 designee, to implement each item in accordance with the staff recommendations. The Public
23
24 opportunity to raise questions regarding these items prior to consideration.
25
26 4)Consider a recommendation of an adoption of an Ordinance of the City of Denton, Texas
27 authorizing the expenditure of funds for payments by the City of Denton for electrical energy
28 transmission fees to Electric Transmission Texas (ETT), Lower Colorado River Authority
29 (LCRA), and Texas Municipal Power Agency (TMPA) for providing energy transmission
30 services to the City of Denton; and providing an effective date (File 4847-2011 ETT-
31 $220,253.70 / LCRA-$945,209.09 / TMPA-$69,523.48 Total Amount of $1,234,986.27).
32
Board Member Russell moved to approve item 4 with a second from Board Member
33
Gallivan. The motion was approved by a 5-0 vote.
34
35
36 Adjournment at 9:36am
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO THOSE CITIES AND UTILITIES PROVIDING ENERGY
TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE
DATE (FILE 4847-2011-12 ELECTRICAL ENERGY TRANSMISSION FEES IN THE TOTAL
AMOUNT OF $1,234,986.27).
WHEREAS, in order to comply with the legislative requirements contained in the Utility
Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is
required to pay such fees imposed by the Public Utilities Commission of Texas to three listed
WHEREAS, the City Manager has reviewed and recommended that the City Council approve
and authorize the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The expenditure of funds in the amount of $1,234,986.27 to be paid to the
Listed Utiliti
part of this ordinance for all purposes, is hereby authorized.
SECTION 2. 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 File 4847 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 3. 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: _________________________________
3-ORD-FILE 4847
Electric Transmission Texas $220,253.70
Lower Colorado River Authority $945,209.09
Texas Municipal Power Agency $ 69,523.48
Total $1,234,986.27
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Keith Gabbard 349-7116
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids by way of an Interlocal
Cooperative Purchasing Program Participation Agreement with the City of Euless under Section
271.102 of the Local Government Code for the purchase of Street Slurry Seal Services;
providing for the expenditure of funds therefor; and providing an effective date (File 4395-
Interlocal Agreement for Street Slurry Seal Services with the City of Euless, contract awarded to
Viking Construction, Inc. in the estimated amount of $260,000).
FILE INFORMATION
On April 28, 2009, the City of Euless awarded a contract for street slurry seal microsurfacing
contract to Viking Construction, Inc. The bid was awarded as an annual contract with four, one-
year renewal options. Exhibit 1 includes the renewal of the contract through February 28, 2012.
Approval of this item would allow the City of Denton to accept the City of Euless bids and
award a contract to Viking Construction Inc., for street slurry seal services. The prices received
are very competitive and the services listed in the bid match our existing needs. There are no
local vendors that provide this specific type of service.
Council approved Ordinance 2009-206 authorizing the City of Denton to execute an Interlocal
Cooperative Purchasing Program Agreement with the City of Euless to participate in various
City of Euless contracts for the purchase of goods and services on September 15, 2009. Section
791.025 of the Texas General Code provides that Local Governments may agree to purchase
goods and services through Interlocal Agreements.
RECOMMENDATION
Award a contract to Viking Construction, Inc. in the estimated amount of $260,000 based upon
the square yard prices listed on Exhibit A of the attached ordinance. Due to increased fuel and
labor costs, the Exhibit A reflects a seven percent (7%) price increase to the pricing that was
approved during the first renewal period. This pricing was approved by the City of Euless on
February 28, 2011.
PRINCIPAL PLACE OF BUSINESS
Viking Construction, Inc.
Georgetown, TX
Agenda Information Sheet
November 1, 2011
Page 2
ESTIMATED SCHEDULE OF PROJECT
This contract will be used for various projects as needed by the Streets Department. The initial
contract period with the City of Euless expired December 31, 2009. The City of Euless has
approved two one-year renewals with the current renewal period expiring on February 28, 2012.
FISCAL INFORMATION
Funding for this agreement will
charged to the account number for the specific project.
EXHIBITS
Exhibit 1: Council Communication and Tabulation Sheet from City of Euless
Exhibit 2: City of Euless Contract Renewal
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4395
Exhibit 1
CITY COUNCIL COMMUNICATION
April 28, 2009
SUBJECT:Consider Authorization to Purchase Asphalt Slurry Seal and
Micro Surfacing
SUBMITTED BY:Ron Young, Director of Public Works
REFERENCE NO:
Bid No. 006-09
_____________________________________________________________________
ACTION REQUESTED:
Consider award of Bid No. 006-09 to Viking Construction, Inc., 2592 Shell Road,
Georgetown, Texas 78628 for the purchase of asphalt slurry seal and microsurfacing
for a term ending December 31, 2009 with four (4) one (1) year renewal options and
authorize the City Manager to enter into a contract with Viking Construction Inc. not to
exceed $95,088.00.
ALTERNATIVES:
Approve
Deny
Re-bid
SUMMARY OF SUBJECT:
The City of Euless Public Works Department previously utilized the option of piggy
backing with the City of Hurst for asphalt slurry seal and micro surfacing from Viking
Construction, Inc. for preventative street maintenance. Due to the expiration of this
contract the City of Euless solicited bids for this product/service. The City of Euless
Purchasing Department advertised for sealed bids by posting on Onvia/Demand Star
and contacting eightpotential biddersfor the purchase of asphalt slurry seal and micro
surfacing. One response, from Viking Construction, Inc. was received. Viking has a
large local presence in this area and has special equipment to handle residential areas.
Slurry seal and micro surfacing is a homogeneously blended asphalt product which
consists of up to a 3/8” surface coat of aggregate, liquid asphalt and finely graded
manufactured sand. Slurry Seal and micro surfacing cost considerably less than
asphalt overlay and will prolong street life an average of an additional five to seven
years. Slurry seal and micro surfacing can only be used on streets in fair condition and
greatly helps to restore a uniform surface texture and driving course.
The quantities represented in the bid were estimations based on prior history. The City
of Euless will only purchase material as needed and will be billed only for the actual
material purchased. The initial contract period will expire December 31, 2009 with
provisions for four (4), one (1) year renewal options beginning January 1. Viking
Construction’s bid is based on unit cost.
It is requested that this authorization to purchase from Viking Construction, Inc. in the
estimated amount of $95,088.00 be approved.
FINANCIAL CONSIDERATIONS:
Revenue Sources:
Expenditure Accounts:101-9060-590.74-99
Budgeted Fiscal Year(s): $95,088
Estimated Expenditure: $95,088
Over/Under Projection By: $ 0
Other Comments:
SUPPORTING DOCUMENTS:
Bid Tabulation
Letter: Viking Construction, Inc.
APPROVED BY:
___________LG__________
City Manager’s Office
___________SC__________City Secretary’s Office
Exhibit 2
ORDINANCE NO. __________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL
COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE
CITY OF EULESS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE
FOR THE PURCHASE OF STREET SLURRY SEAL SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
4395-INTERLOCAL AGREEMENT FOR STREET SLURRY SEAL SERVICES WITH THE
CITY OF EULESS, CONTRACT AWARDED TO VIKING CONSTRUCTION, INC. IN THE
ESTIMATED AMOUNT OF $260,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to purchase street
slurry seal services from Viking Construction, Inc. in the unit price amounts shown on Exhibit A
under competitive bids received by the City of Euless in accordance with an Interlocal
Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local
Government Code which is on file in the office of the Purchasing Agent.
SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant
to the agreement for the purchase of various goods and services.
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 File 4395 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _______ day of _______________________, 2011.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-File 4395
Exhibit A
Unit Pricing for Street Slurry Seal Services
City of Euless Bid 006-09
Line Item Description Unit Price
1 Furnish and Install Asphalt Slurry Seal $2.68/SY
2 Furnish and install Microsurfacing $3.94/SY
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials to Mike Ellis at 349-8424
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a five year
contract for Heavy Duty Equipment Maintenance and Repairs for the City of Denton Fleet
Services Division; providing for the expenditure of funds therefor; and providing an effective
date (RFP 4729-Five Year Contract for Maintenance of Heavy Duty Fleet Mechanical Services
awarded to Darr Equipment Co. in the annual estimated amount of $400,000 for a five year total
estimated amount of $2,000,000).
FILE INFORMATION
The contract will provide on-site maintenance and repair services for heavy duty equipment
primarily located at the City of Denton Solid Waste Landfill. This is necessary as it is difficult to
transport non-street licensed equipment to the Fleet Services facility for scheduled preventative
maintenance and unscheduled repairs. Due to the expansion of the Landfill, equipment needs are
increasing as well as repair and maintenance requirements. The services provided through this
Request for Proposal (RFP) include inspection, diagnosis, troubleshooting, maintenance and
repair of forty-two pieces of equipment. Other divisions located adjacent to the Landfill, such as
Recycling, Water Treatment and Beneficial Reuse, will also use and benefit from this service.
An RFP was issued on May 9, 2011. Notices were sent to eight vendors and a single proposal
was received from Darr Equipment Company (there were no qualifying local vendors that
participated). Darr was evaluated using the criteria listed in RFP 4729 and was determined to be
the best value to the City of Denton for providing the requisite services. Darr Equipment has a
history of providing quality service, parts and repairs for the City of Denton Fleet Services
Department.
RECOMMENDATION
Staff recommends the award of a five year contact for heavy duty equipment maintenance and
repairs to Darr Equipment Co. in the estimated not to exceed amount of $2,000,000.
PRINCIPAL PLACE OF BUSINESS
Darr Equipment Co.
Southlake, TX
Agenda Information Sheet
November 1, 2011
Page 2
ESTIMATED SCHEDULE OF PROJECT
This agreement will be in effect for an initial one year period from the date of award, and may be
extended for four additional one-year periods if agreed to by both parties with all terms and
conditions remaining the same. Pricing may adjust after the first year, and for each renewal year,
based upon a published third party index.
FISCAL INFORMATION
Funding for each individual work order will come from the appropriate operating budget.
EXHIBITS
Exhibit 1: Proposal Pricing
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-RFP 4729
Exhibit 1
RFP # 4729
Date: June 21, 2011
Heavy Duty Mechanical Fleet Services
Respondent
Darr Equipment
Company
Principal Place of BusinessSouthlake, TX
Do you have prior experience working on similar projects with State of
Texas governmental agencies?
YES
Have you provided similar services for over five (5) years? If so, how
many years?
YES
Documented proof of at least three (3) projects in the past five (5) years
that provided exceptional service to the governmental entity?
NO
Detailed list of references and detailed history of successful performance
YES
with drafting comprehensive plans?
5
How many previous successful projects are contained within this list?
Describe similar services your organization has provided to at least three
(3) governmental agencies in the past 5 years. Describe the similar
NO
services:
YES
Three (3) references from clients?
Discount %
Invoice Paid in 20 days
0%
Invoice Paid in 15 days
0%
Invoice Paid in 10 days
0%
Type of Service Requested
Fleet Service Tech - Regular Shop Service
Hourly Rate with less that 20 hours weekly$65.00
Hourly Rate with more that 20 hours weekly$65.00
Contractor Agreed # of Days to have Staff on Location after request1-Day
Fleet Service Tech - Regular Field Service
Hourly Rate with less that 20 hours weekly$65.00
Hourly Rate with more that 20 hours weekly$65.00
Contractor Agreed # of Days to have Staff on Location after request1-Day
Fleet Service Tech - Emergency, After Normal Hrs(7 am - 6 pm)
Hourly Rate with less that 20 hours weekly$75.00
Hourly Rate with more that 20 hours weekly$75.00
Contractor Agreed # of Days to have Staff on Location after request6 Hours
Fleet Service Tech - Emergency, Weekend & Holiday Service
Hourly Rate with less that 20 hours weekly$115.00
Hourly Rate with more that 20 hours weekly$115.00
Contractor Agreed # of Days to have Staff on Location after request6 Hours
ORDINANCE NO. _____________
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A FIVE
YEAR CONTRACT FOR HEAVY DUTY EQUIPMENT MAINTENANCE AND REPAIRS FOR
THE CITY OF DENTON FLEET SERVICES DIVISION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP
4729-FIVE YEAR CONTRACT FOR MAINTENANCE OF HEAVY DUTY FLEET
MECHANICAL SERVICES AWARDED TO DARR EQUIPMENT CO. IN THE ANNUAL
ESTIMATED AMOUNT OF $400,000 FOR A FIVE YEAR TOTAL ESTIMATED AMOUNT OF
$2,000,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of Heavy Duty Fleet Mechanical Services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
4729 Darr Equipment Co. Hourly Rates per Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. 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 RFP 4729 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. 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: _________________________________
3-ORD-RFP 4729
Exhibit A
RFP # 4729
Date: June 21, 2011
Heavy Duty Mechanical Fleet Services
Respondent
Darr Equipment
Company
Principal Place of BusinessSouthlake, TX
Do you have prior experience working on similar projects with State of
Texas governmental agencies?
YES
Have you provided similar services for over five (5) years? If so, how
many years?
YES
Documented proof of at least three (3) projects in the past five (5) years
that provided exceptional service to the governmental entity?
NO
Detailed list of references and detailed history of successful performance
YES
with drafting comprehensive plans?
5
How many previous successful projects are contained within this list?
Describe similar services your organization has provided to at least three
(3) governmental agencies in the past 5 years. Describe the similar
NO
services:
YES
Three (3) references from clients?
Discount %
Invoice Paid in 20 days
0%
Invoice Paid in 15 days
0%
Invoice Paid in 10 days
0%
Type of Service Requested
Fleet Service Tech - Regular Shop Service
Hourly Rate with less that 20 hours weekly$65.00
Hourly Rate with more that 20 hours weekly$65.00
Contractor Agreed # of Days to have Staff on Location after request1-Day
Fleet Service Tech - Regular Field Service
Hourly Rate with less that 20 hours weekly$65.00
Hourly Rate with more that 20 hours weekly$65.00
Contractor Agreed # of Days to have Staff on Location after request1-Day
Fleet Service Tech - Emergency, After Normal Hrs(7 am - 6 pm)
Hourly Rate with less that 20 hours weekly$75.00
Hourly Rate with more that 20 hours weekly$75.00
Contractor Agreed # of Days to have Staff on Location after request6 Hours
Fleet Service Tech - Emergency, Weekend & Holiday Service
Hourly Rate with less that 20 hours weekly$115.00
Hourly Rate with more that 20 hours weekly$115.00
Contractor Agreed # of Days to have Staff on Location after request6 Hours
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider approval of a Resolution nominating members to the Appraisal Review Board of the
Denton Central Appraisal District; and declaring an effective date.
BACKGROUND
The Appraisal Review Board (ARB) is a body specifically charged with the responsibility of
reviewing protested appraisal records. They meet primarily between May and July and as needed
thereafter. Members of the ARB serve two-year staggered terms. Approximately half the
provided by the taxing jurisdictions and appointed by the Denton Central Appraisal District
(DCAD) Board of Directors by a majority vote. The City Council may submit as many
nominations as they desire. Attached is a brief summary of qualifications for appointment to the
ARB. After receiving the nominations from the taxing jurisdictions, the Board of Directors is
scheduled to make their selection during their December meeting.
Attached is a listing of the current ARB members, and a brief summary of qualifications for
appointment to the ARB. There are nine members whose terms will expire in December 2011.
Of the nine, one member is ineligible for re-appointment. John Duffy, whose term expires on
December 31, 2011, has served three consecutive terms and is therefore ineligible for re-
appointment.
Staff notified the public of the nomination process on the Citcitizens were
encouraged to contact their individual City Council member for more information if they had an
interest in serving on the ARB. In the attached resolution, staff has included nominations for the
eight existing ARB members that can be re-appointed to their positions. These eight members
are John H. Morris, Rishiyur K. Mohan, Charlotte Magno, Joyce G. Frey, Robert F. Gallagher,
George W. Davis, James S. Grant, and Danny J. Chambers. If the City Council would like to
alter these recommendations, or include additional nominations, this item can be removed from
the consent agenda to receive City Council direction.
FISCAL INFORMATION
There is no fiscal impact to the City.
Agenda Information Sheet
November 1, 2011
Page 2
EXHIBITS
Appraisal Review Board Information
Resolution
Respectfully submitted:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Parks
ACM:
Fred Green
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or
his designee to execute a contract of sale (herein so called) between the City of Denton, as Buyer
and Deborah Jannette Gailes, formerly Deborah Jannette Wrenn and Claudia Wrenn Badger,
formerly Claudia Wrenn, as Sellers, contemplating the sale and purchase of a tract of land, being
Lot 13, Block 4 of Solomon Hills, No. 3, an addition to the City of Denton, Denton County,
Texas, according to the plat recorded in Volume 183, Page 84, Deed Records, Denton County,
($46,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all
documents necessary to accomplish closing of the transaction contemplated by the contract of
sale; authorizing the expenditure of funds therefore; and providing an effective date.
BACKGROUND
The approximate 0.16 acre tract of land is located at 1108 Sycamore Street at the intersection of
Crawford Street. It is surrounded by existing City park land (Carl Young, Sr. Park).
Over the last decade, the City has been acquiring the residential tracts along the south side of
Sycamore between Crawford and Wood Streets as they came up for sale, in an effort to expand
the park. The subject property is the final assemblage tract.
In 2004, the City had interacted with the subject property owner, Debbie Gailes, to purchase a
vacant lot which she owned, which was located adjacent to the subject tract.
In the Spring of 2008, Mrs. Gailes, related that the subject property was for sale, and asked if the
City would be interested in purchasing it to expand the park. The City had title work performed
on the property and it revealed that there was an additional person that had an ownership interest
in the property. Recently, the City has been able to locate the co-owner and include her in the
transaction negotiations.
RECOMMENDATION
Staff recommends adoption of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
st
Slated for November 1, 2011 City Council Meeting Executive Session
FISCAL INFORMATION
00
Purchase price of $46,000. plus closing costs.
BID INFORMATION
None
EXHIBITS
1.Location Map
2.Site Map
3.Ordinance
Respectfully submitted,
Emerson Vorel
Director of Parks & Recreation
Prepared by,
Right of Way Agent
Real Estate & Capital Support
SE Denton Area Parks Map
Proposed Wrenn House purchase
1108 E. Sycamore St
BARBER
OAK
Proposed Wrenn House Purchase
Oakwood Cemetery
Carl G Young Park
TROY H. LAGRONE
Fred Moore Park
Text
MLK Recreation Center
PARK
BOARDWALK
CHAMBERS
ALEGRE VISTA
I
9204600920Feet
Wrenn House
1108 E. Sycamore St
Carl G. Young Park
Wrenn Property
1108 E. Sycamore St
E. Sycamore St
Carl G Young Park
I
2001000200Feet
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, granting to
Denton County Electric Cooperative, Inc., D/B/A CoServ Electric, its successors and assigns, the
non-exclusive right to use and occupy rights-of-way within the City of Denton for the
construction and operation of an electric transmission and distribution system; prescribing
conditions governing the use of the public rights-of-way; providing for compensation therefor,
providing for a term of said franchise; providing for written acceptance of this franchise; finding
that the meeting at which this ordinance is passed is open to the public; providing for
severability; and providing for an effective date.
BACKGROUND
ent with CoServ Electric was due to expire on
December 6, 2009. However, the franchise agreement was extended in order to allow adequate
time to resolve issues surrounding an audit of delinquent franchise fees and to re-negotiate a new
franchise agreement. In an effort to defray the costs of re-negotiation and to reduce the burden
on CoServ Electric, the City of Denton joined a group of cities served by CoServ Electric
(Highland Village, Little Elm, Lewisville, McKinney, and The Colony) to attempt to re-negotiate
a standard franchise agreement. Over the last year and a half, staff has provided several updates
to the City Council on this project and numerous attempts were made to promptly bring this
matter to a resolution.
In July 2011, the Town of Little Elm withdrew from the group of cities and negotiated a separate
agreement with CoServ Electric. Their agreement was based on the last version submitted by
CoServ Electric to the group of cities but which lacked full support by all the cities. After
reviewing that agreement and discussing the various components with the City Council, staff
received direction to contact the company independently and attempt to bring this matter to a
resolution. Staff is glad to inform the City Council that all issues surrounding the audit of
delinquent franchise fees and the franchise agreement have been resolved and both the company
and staff are jointly recommending approval of the attached franchise agreement.
The agreement incorporates a number of provisions re
(i.e., three readings, full publication of ordinance and written acceptance) and sets the franchise
compensation on a per kilowatt basis rather than on a gross revenue basis.
Agenda Information Sheet
November 1, 2011
Page 2
The negotiated franchise will include compensation that is equivalent to 5% of gross revenues,
but it will be paid to the City on the basis of a per kilowatt hour fee calculated to be $0.005764
per kWh. By doing so, the CoServ Electric franchise fee will be in alignment with that of
Denton Municipal Utilities (Electric, Water and Wastewater) and other outside utilities that have
a franchise agreement with the City of Denton. The City of Denton Charter requires the franchise
to be approved three (3) times before it becomes effective. The new franchise will be effective
January 1, 2012.
RECOMMENDATION
Staff recommends adoption of this ordinance.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 4, 2011, the City Council approved the first reading of the ordinance.
On October 18, 2011, the City Council approved the second reading of the ordinance.
Respectfully Submitted By:
Bryan Langley
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
November 1, 2011
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City")
to execute for and on behalf of the City an Easement Abandonment Agreement ("Agreement"), by and
between ULE, LLC and the City, contemplating the (i) abandonment of that certain Public Drainage
Easement, dated September 17, 2002, from Westminster LTD. To the City of Denton, Texas, recorded
at Volume 5238, Page 3740, Real Property Records, Denton County, Texas; (ii) partial abandonment
of that certain Sanitary Sewer Easement, dated June 1, 1998, from Westminster, LTD. to the City of
Denton, Texas, recorded at Volume 4103, Page 1495, Real Property Records, Denton County, Texas;
and (iii) abandonment of that certain Sanitary Sewer Easement, dated November 19, 1968, from
Harold E. Harman to the City of Denton, Texas, recorded at Volume 578, Page 332, Deed Records of
Denton County, Texas, upon the terms and conditions provided in
located in the Benjamin Lewis Survey, Abstract No.769 and the Jeremiah Fisher Survey, Abstract
No.421, Denton County, Texas, all as more particularly described in the agreement; and declaring an
effective date. (Unicorn Lake Estates Addition - Drainage and Utility line rearrangements)
BACKGROUND
ULE, LLC., property owner of the pending Unicorn Lake Estates Addition, has requested that the City
of Denton abandon its easement rights in several locations upon their development tract, so that they
may rearrange the existing drainage and sanitary sewer infrastructure in such a way to conform to their
subdivision project design. A portion of one the referenced easements was abandoned by the City in
1999, as part of Wind River Estate Phase 5 development.
In instances where petitions for easement abandonment require the rearrangement of infrastructure an
the granting of alternative easements, an Easement Abandonment Agreement is a mechanism that
allows the developer to move forward with alternative solutions and the easement grants required for
the development project. The Easement Abandonment Agreement provides for a formal release of the
conflicting easements, to be forthcoming upon the acceptance by the City of the public works
improvements brought about by the development.
As a housekeeping measure, staff recommends that the Harmon ease
include that orphaned segment of easement that exists in the Sundown Ranch addition, as part of this
abandonment initiative. Staff research regarding the abandonment petition at hand indicates that
easement segment should have been abandoned outright in 1999, as no sanitary sewer was ever
constructed within that easement tract.
Staff performs an analysis on the request for easement abandonments as follows:
Is the easement tract requested for abandonment considered excess easement ?
Does the easement tract requested for abandonment have a continu
Is it in the best interest of the general public to abandon the governments rights in the subject
abandonment tract?
1
Would the granting of this request establish a precedent for eas
requests?
Staff findings on this analysis are as follows:
1.The requested easement abandonment tracts fit the criteria of excess easement. Excess easement
is defined as: Property acquired or used by the City for easement subsequently declared excess (not
needed for any public project, the continuation of operation and maintenance of public facilities,
and/or no foreseeable utility application in the future).
2.The easement abandonment tract areas are not slated for utilization of any future public utilities.
3.The easement abandonments are in the public interest because the
abandonments are no longer needed by the public and/or have not been utilized for the public.
4.These abandonments will not set precedent because the above three standards have been met.
OPTIONS
1. Recommend approval of the Ordinance
2. Do not recommend approval
RECOMMENDATION
Staff endorses approval of the Ordinance.
ESTIMATED PROJECT SCHEDULE
January 2012
PRIOR ACTION/REVIEW
Development Review Committee
Public Utility Board
EXHIBITS
1. Ordinance
2. Agreement
3. Location Map
4. Easement Abandonment
Respectfully submitted,
Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
Prepared by:
Mark A. Laird
Right-of-way Agent
Real Estate and Capital Support
2
ORDINANCE NO. _________________
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TO EXECUTE FOR AND ON BEHALF OF THE CITY AN EASEMENT
ABANDONMENT AGREEMENT TO ABANDON (I) THAT CERTAIN PUBLIC
DRAINAGE EASEMENT (HEREIN SO CALLED), DATED SEPTEMBER 17, 2002, FROM
WESTMINSTER LTD. TO THE CITY OF DENTON, TEXAS, RECORDED AT VOLUME
5238, PAGE 3740, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; (II)
JUNE 1, 1998, FROM WESTMINSTER, LTD. TO THE CITY OF DENTON, TEXAS,
RECORDED AT VOLUME 4103, PAGE 1495, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS; AND (III) THAT CERTAIN SANITARY SEWER EASEMENT (HEREIN
SO CALLED), DATED NOVEMBER 19, 1968, FROM HAROLD E. HARMAN TO THE
CITY OF DENTON, TEXAS, RECORDED AT VOLUME 578, PAGE 332, REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AS MORE PARTICULARLY
DESCRIBED IN THE EASEMENT ABANDONMENT AGREEMENT; AND DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Easement Abandonment Agreement, between the City of Denton,
Texas and ULE, LLC a Texas limited liability company,in the form as attached hereto and made
part of this , is hereby approved.
SECTION 2. The City Manager of the City or his designee, is hereby authorized to
execute the Agreement for and on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ________ day of ________________, 2011.
__________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM
ANITA BURGESS, CITY ATTORNEY
BY: _______________________________
Page 2
C:\Documents and Settings\malaird\Desktop\Project Files\City Council\Abandonments\Unicorn Lake Estate Abandonment\CC\Unicorn Lake Estates Easement Abandonment Ordinance draft.DOC
DOWNTOWN
DENTON
HICKORY
SYCAMORE
PRAIRIE
HIGHLAND
EAGLE
MORSE
NTS
SITE
LOCATION MAP
AGENDA INFORMATION SHEET
AGENDA DATE: November 1, 2011
DEPARTMENT: Planning and Development
ACM: Fred Greene
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
amending the Rayzor Ranch Overlay District (RROD) Section 35.7.15 of the Denton
Development Code (DDC) to provide standards for design, architecture, landscaping and signage
for 4.1 acres located at the northeast corner of Scripture Street and I-35 Frontage Road and
within a Regional Center Commercial Downtown (RCC-D) zoning and use district; providing for
severability; providing for a penalty in the maximum amount of $2,000 for violations thereof,
and providing an effective date. (Z11-0017) (Planning and Zoning Commission recommends
approval, 6-1)
BACKGROUND
The applicant (Allegiance Hillview, LP) proposes to create standards for design, architecture,
landscaping and signage for the subject property with the intent to develop a 46,000 square foot
2-story medical office building on approximately 4.1 acres. The current zoning district of RCC-
D permits Professional Service and Office uses which encompasses medical offices by-right.
The subject site is located within the Southern tract and is part of the area identified as the
-
The South Mixed-Use Campus provided exhibits within the last amendment to the Rayzor Ranch
Overlay District RROD (Ordinance 2010-159) for architectural, landscaping and signage
standards as a holding place (C-2, D-2 and E-2). The property owner is seeking approval for
standards associated only with 4.1 acres of the South Mixed-Use Campus at this time.
The subject property is currently unplatted and is part of a larger parcel. Site Plan approval is
required by the Planning and Zoning Commission prior to future approval of any final plats or
building permits.
The following is history of the Rayzor Ranch development:
Northern Tract:
The applicant is in the process of developing approximately 892,000 total square feet of
commercial uses on the Northern tract, also known as Rayzor Ranch Marketplace, which
, 100,000 square feet of stand-alone retail, office and restaurant uses in
Agenda Information Sheet
November 1, 2011
Page 2
addition to single family detached and attached units (townhomes). The retail portion of the
Northern Tract will comprise approximately 107 acres with the remaining 46 acres containing
the residential area.
The Northern Tract includes open space that is being set aside to serve primarily as a drainage
and water quality feature. The applicant worked with staff to utilize the latest guidelines from
the North Central Texas Council of Governments regarding control of the materials that typically
flow off of commercial property during storms. The drainage feature is the first of its kind in
Denton and helps to prevent materials from entering North Lakes pond across Bonnie Brae Street
from the site.
The approved commercial zoning for the Northern Tract is based on the Regional Center
Commercial Downtown (RCC-D) zoning district as modified by the Overlay District.
Southern Tract:
The applicant divided and refers to the Southern Tract as three sub districts: Town Center (RR-
1), South RR-2 and the South Mixed Use Campus area. On June 15, 2010, land use regulations,
architectural, landscape and signage guidelines for the Town Center (RR-1) and South RR-2 area
were approved by City Council. The regulations and guidelines for a portion of the South Mixed
Use area, approximately 4.1 acres, are requested at this time. The remainder of the South Mixed
Use area will seek approval at a later date.
to develop approximately 1,000,000 square feet of commercial uses on the
Southern Tract which would include the Town Center (RR-1), standalone retail, restaurants and
grocery store uses within the South RR-2 area. The area designated at Town Center sought to
deviate from the approved Master Site Plan in that the actual layout with specifically identified
buildings, parking lots and open spaces will be replaced with a more conceptual plan. The intent
of this departure from the Master Site Plan was to allow the developer flexibility in design and
the ability to accommodate future tenants needs while still delivering a viable high quality
outdoor shopping center.
A significant portion of the area that was originally designated for approximately 360,000 square
feet of office space
contains approximately 75,000 square feet).
The applicant is entitled to construct 185 single-family detached dwellings, 496 single-family
attached dwellings and 1,800 multifamily units; 1,050 of which must be located within a
One gas well pad near the intersection of Scripture Street and Bonnie
Brae was approved through Specific Use Approval (S09-0006, Ord. No. 2009-257) and has since
commenced and concluded drilling activities. A stone-like wall has also been erected and
plantings have been installed per the SUP conditions of approval. The Southern Tract will also
include approximately 18.21 acres of park land which includes a 15-acre central park that is
Agenda Information Sheet
November 1, 2011
Page 3
planned to contain an outdoor entertainment facility and one or two museums.
March 27, 2007
On , the City Council approved a Comprehensive Plan amendment for the
Mixed
The Council also approved the first phase of the Rayzor Ranch
Overlay District for the entire 410 acre Rayzor Ranch site and a rezoning of 53.65 acres of the
Northern Tract from Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood
Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to
a base zoning district of Regional Center Commercial Downtown (RCC-D) as modified by the
Overlay District.
May 15, 2007
On , the City Council approved a Comprehensive Plan amendment for the
The Council also approved the second phase of
the Rayzor Ranch Overlay District which amended the standards of the District and provided for
a zoning change on approximately 223 of the total 410 acres of land from Neighborhood
Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood
Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to
a base zoning district of Regional Center Commercial Downtown (RCC-D). The zoning change
request included approximately 53 acres within the Northern Tract and 170 acres within the
Southern tract.
January 8, 2008
On , the City Council approved the third phase of the RROD which amended
the standards of the District and provided for a zoning change on approximately 87 of the total
410 acres of land within the District from Neighborhood Residential 6 (NR-6) and Neighborhood
Residential Mixed Use (NRMU) districts to base zoning districts of Regional Center Commercial
Downtown (RCC-D) and Neighborhood Residential Mixed Use (NRMU). The amended
standards were as follows:
1.Permitted single family detached (up to 185 units), single family attached (up to
496 units), multifamily (up to 750 units) and office uses in the Southern Tract
subject to conditions that would require phasing of multifamily to ensure a mixed
use project was developed.
2.Corrected the zoning boundary description to match subsequent plats.
3.Replaced the Master Site plan with the most updated version to reflect the latest
development layout.
4.Added language that clearly defined maintenance of private areas by a
Homeowners Association or a Property Owners Association.
5.Ensured all ordinance exhibits are correct.
6.Corrected conflicting language between wood fence and masonry wall
Agenda Information Sheet
November 1, 2011
Page 4
requirements as they are located behind the large retail boxes.
7.Delayed requirement to install buffer landscaping on Bonnie Brae until after
8.Allowed residential phases to move forward conceptually, required detailed site
plan at a later time.
9.Required Specific Use Permits for all gas well development.
April 9, 2008
On , the Planning and Zoning Commission was asked to consider an amendment to
the development standards of the Overlay District. The applicant requested to amend the
architectural standards to permit construction of a proposed Best Buy retail store that would be
designed with architectural elements that were not in compliance with the District.
During the entitlement phase of this development staff had noted on several occasions that this
project would be designed with a central architectural theme and vernacular that would unify the
Town Center and Marketplace and provide a color palette that would limit the permissible
colors. It was Staff that it was imperative to maintain the integrity of the
established guidelines. The Planning and Zoning Commission recommended denial of the
request and the item was not appealed to City Council.
November 4, 2008,
On the City Council approved the fourth phase of Rayzor Ranch which
amended the development standards and exhibits of the RROD and the Rayzor Ranch Special
Sign District. The amended standards are summarized as follows:
1.All references to required drainage improvements within North Lakes Park were
removed, including payment of a $250,000 park improvement fee.
2.The tree mitigation requirements were modified such that the overall tree
mitigation and landscaping percentages were not impacted.
3.Architectural standards were modified to reflect a recent push to develop more
hospital and medical related uses on the Southern Tract south of the proposed
Panhandle Drive and north of Scripture Street.
4.Allowed architectural accent and accent colors on buildings that are consistent
the Rayzor Ranch standards.
5.Updated the transportation requirements to reflect current construction planning.
6.Updated the Rayzor Ranch Special Sign District to permit four detached pylon
signs within the Northern along I-35, U.S. 380 and Bonnie Brae.
Tract
Agenda Information Sheet
November 1, 2011
Page 5
May 5, 2009
Onthe City Council approved an amendment to Section 35.7.13.9 of the Rayzor
Ranch Overlay District that authorizes limited administrative authority by the City Manager to
consider staff recommended architectural changes that are deemed to be essential to the viability
of the project without jeopardizing the overall architectural theme and compatibility of Rayzor
Ranch.
Proposed architectural deviations will not be allowed to promote a design that is fundamentally
inconsistent with the overall site design aesthetic or unique attributes of Rayzor Ranch. Staff will
be requesting that proposed deviations be mitigated or offset with complementary public space
enhancements, much like the concept of an Alternative Development Plan.
May 20, 2009
On, the Planning and Zoning Commission recommended approval of the
following:
1.Additional language for the Architectural Guidelines section of the Overlay
District. These provisions will focus on the commercial development outside of
-Mart and Lowes) north of U.S. 380.
2.Additional language regarding landscaping and a detailed landscape plan for the
area north of U.S. 380.
3.Additional language and exhibits for the Rayzor Ranch Special Sign District. The
Commission tabled the following items for future consideration:
4.Replacing the Master Site Plan and Concept Plan with a conceptual plan that
allows shifting of buildings and minor modifications without going through a full
amendment procedure.
5.Proposed uses along the I-35 corridor south of U.S. 380 and corresponding
changes to the Overlay District subarea map as well as a new definition for the
July 21, 2009
On, the City Council approved an amendment to the RROD, providing additional
language for the Architectural Guidelines section with focus on the commercial development
outside of -Mart and Lowes) north of U.S. 380. Additional
language regarding landscaping and a detailed landscape plan for the area north of U.S. 380.
Additional language and exhibits for the Rayzor Ranch Special Sign District. The Commission
tabled the following items for future consideration.
October 6, 2009
On,the City Council approved an SUP to allow for gas well drilling and
production on approximately 3 acres at the southeast corner of Bonnie Brae Road and Scripture
Street.
June 15, 2010
On , the City Council approved amendments to the RROD to modifying certain
Agenda Information Sheet
November 1, 2011
Page 6
previously approved development standards, increase Multi-family density on the Southern
Tract, replace the previously approved Master Site Plan with a Conceptual/Schematic Plan on the
Southern Tract, amend and added definitions to land uses on the Southern Tract, amend and
define landscape, architectural and signage guidelines on the Southern Tract.
The applicant has declined to hold a neighborhood meeting.
Five (5) public notices were sent to property owners within 200 feet of the site (Exhibit 5). As of
this writing, staff has received no response to the Notice of Public Hearing from property owners
within this boundary area.
OPTIONS
1.Recommend approval as submitted.
2.Recommend approval subject to conditions.
3.Recommend denial.
4.Postpone consideration.
5.Table item.
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommends of this Overlay District
Amendment request, (6-1).
APPROVAL
The Development Review Committee recommends of this Overlay District
Amendment request.
PRIOR ACTION/REVIEW
1.December 6, 2006 Planning and Zoning Commission Work Session Regarding Proposed
Mobility Plan Amendment for Rayzor Ranch;
2.January 10, 2007 Planning and Zoning Commission Public Hearing Regarding;
Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission recommended
approval (7-0);
3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan
amendment for Rayzor Ranch (The Council approved 7-0);
4. February 21, 2007 Planning and Zoning Commission Work Session Regarding Northern
Tract Comprehensive Plan Amendment;
5. February 28, 2007 Planning and Zoning Commission Work Session Regarding Proposed
Rayzor Ranch Overlay District;
Agenda Information Sheet
November 1, 2011
Page 7
6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed
Rayzor Ranch Overlay District;
7. March 14, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Northern Tract Comprehensive Plan Amendment and First Phase of Rayzor
Ranch Overlay District (The Planning and Zoning Commission recommended approval
(7-0);
8. March 27, 2007 City Council Public Hearing Regarding Northern Tract Comprehensive
Plan Amendment and First Phase of Rayzor Ranch Overlay District (The City Council
Approved 7-0);
9. April 2, 2007 City Council Work Session Regarding Southern Tract Comprehensive Plan
Amendment and Remaining Phases of Rayzor Ranch Overlay District;
10. April 18, 2007 Planning and Zoning Commission Regarding Work Session Regarding
Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor
Ranch Overlay District;
11. May 9, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Southern Tract Comprehensive Plan Amendment and Second Phase of Rayzor
Ranch Overlay District and Rezoning. (The Commission recommended approval 7-0);
12. May 15, 2007 City Council Public Hearing Regarding Completion of the Comprehensive
Plan Amendment and Second Phase of Rayzor Ranch Overlay District (City Council
Approved 7-0);
13. November 28, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Third Phase of Rayzor Ranch Overlay District and Rezoning. (The
Commission recommended approval 6-0);
14. January 8, 2008 City Council Public Hearing Regarding Third Phase of Rayzor Ranch
Overlay District and Rezoning (City Council Approved 7-0);
15. March 26, 2008 Planning and Zoning Commission Public Hearing Regarding
Amendment to Design Standards of the Rayzor Ranch Overlay District for Proposed Best
Buy Elevation. (The Commission tabled the item);
16. April 9, 2008 Planning and Zoning Commission Public Hearing RegardingAmendment to
Design Standards of the Rayzor Ranch Overlay District for Proposed Best Buy Elevation.
(The Commission recommended denial, 3-2, item was not appealed to City Council);
17. April 23, 2008 Planning and Zoning Commission approved a variance to Subchapter
35.20.4.G of the Denton Development Code regarding separation of driveways. (The
Commission approved 7-0);
18. June 11, 2008 Planning and Zoning Commission Work Session and Public Hearing
regarding establishment of a Special Sign District. (The Commission approved 6-0);
Agenda Information Sheet
November 1, 2011
Page 8
19. June 17, 2008 City Council Work Session Regarding Multiple Rayzor Ranch Issues and
Public Hearing Regarding Establishment of a Special Sign District. (The Council
approved);
20. September 24, 2008 Planning and Zoning Commission Work Session Regarding
Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch
Special Sign District;
21. October 7, 2008 City Council Work Session Regarding Proposed Amendments to the
Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District;
22. October 8, 2008 Planning and Zoning Commission Work Session Regarding Proposed
Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign
District;
23. October 22, 2008 Planning and Zoning Commission Public Hearing Regarding Proposed
Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign
District;
24. November 4, 2008 City Council Public Hearing Regarding Proposed Amendments to the
Rayzor Ranch Overlay District;
25. December 9, 2008 City Council Work Session Regarding Trade Dress;
26. December 9, 2008 City Council Public Hearing Regarding Rayzor Ranch Sign District
amendments to permit four detached pylon signs within the Northern Tract;
27. February 3, 2009 City Council Work Session Regarding Proposed Amendments to the
Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District;
28. April 22, 2009 Planning and Zoning Commission Work Session and Public Hearing
Regarding Amendment authorizing limited administrative authority by the City Manager;
29. May 5, 2009 City Council Public Hearing Regarding Amendment authorizing limited
administrative authority by the City Manager;
30. May 6, 2009 Planning and Zoning Commission Work Session and Public Hearing
Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor
Ranch Special Sign District;
31. May 20, 2009 Planning and Zoning Commission Work Session and Public Hearing
Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor
Ranch Special Sign District;
32. June 16, 2009 City Council Work Session Regarding Proposed Amendments to the
Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District;
33. July 21, 2009, the City Council approved an amendment to the Rayzor Ranch Overlay
District and the Rayzor Ranch Special Sign District;
34. October 6, 2009 City Council approved an SUP to allow for gas well drilling and
production on approximately 3 acres at the southeast corner of Bonnie Brae Road and
Scripture Street:
Agenda Information Sheet
November 1, 2011
Page 9
a.April 6, 2010 City Council Work Session regarding proposed amendments to the
Rayzor Ranch Overlay District, specifically the south side; and
b.April 14, 2010 Planning Zoning Commission Work Session regarding proposed
amendments to the Rayzor Overlay District, specifically the south side.
35.June 15, 2010 City Council approved the following for the entire RROD and specifically
the Southern tract:
a.Modifying certain previously approved development standards;
b.Proposing an increase to Multi-family density on the Southern Tract;
c.Replacing the previously approved Master Site Plan with a Conceptual/Schematic
Plan on the Southern Tract;
d.Amending and adding definitions to land uses on the Southern Tract;
e.Amending and defining landscape guidelines on the Southern Tract;
f.Amending and defining architectural guidelines on the Southern Tract, and
g.Amending and defining signage guidelines on the Southern Tract.
36.Planning and Zoning Commission October 5, 2011
EXHIBITS
1.Site Location/Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Site Photos
5.Notice of Public Hearing Responses
6.Planning and Zoning Commission, October 5, 2011, Meeting Minutes
7.Ordinance
Prepared by:
Erica Marohnic, AICP
Senior Planner
Respectfully submitted:
Mark Cunningham, AICP, CPM
Director of Planning and Development
Exhibit 1 Site Location/Aerial Map
Subject Site
Exhibit 2 Zoning Map
Subject Site
Exhibit 3 Future Land Use Map
Subject Site
Exhibit 4 Site Photos
Facing west towards the site
Facing northwest towards the site
Facing northeast towards the site
Facing north towards the site
Exhibit 5
Notice of Public Hearing Responses
Five
(5) public notices were sent to residents within 200 feet of the site. As of this writing, staff has
received no response to the Notice of Public Hearing from property owners within this boundary
area.
1 MINUTES
2 PLANNING AND ZONING
3 October 5, 2011
4
5 REGULAR MEETING
6
7 The Planning and Zoning Commission will convene a Regular Meeting of the Planning and
8 Zoning Commission of the City of Denton, Texas which will be held on Wednesday, October 5,
9 2011 and will begin at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at
10 which time the following items will be considered:
11
12 PRESENT: Chairman Jay Thomas: Commissioners: Patrice Lyke, Frank Conner, Brian
13 Bentley, Jean Schaake, Devin Taylor and Thom Reece.
14
15 ABSENT: None.
16
17 STAFF: Mark Cunningham, Aaron Leal, Chuck Russell, Jennifer Coles, Katia Boykin and
18 Erica Marohnic.
19
20 Chairman Thomas called the meeting to order at 6:30 p.m.
21
1.PLEDGE OF ALLEGIANCE:
22
A. U.S. Flag
23
B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas one state under God,
one and indivisible."
24
2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION
MINUTES FOR:
25
A. September 21, 2011
26
27 Bentley motioned approval of the minutes with a second by Lyke. On roll call vote:
28 Commissioner Patrice Lyke "aye", Commissioner Thom Reece "aye", Commissioner Devin
29 Taylor "aye", Commissioner Frank Conner "aye", Commissioner Jay Thomas "aye", and
30 Commissioner Brian Bentley "aye". Motion approved (6-0).
31
32 Schaake arrived after the approval of the minutes.
33
1
3. PUBLIC HEARINGS:
1
A. Hold a public hearing and consider making a recommendation to City Council regarding
amendments to the Rayzor Ranch Overlay District (RROD) Section 35.7.15 of the Denton
Development Code (DDC). The RROD encompasses approximately 410 acres of land in its
entirety and is located generally on both side of U.S Highway 380 (West University Drive),
between Interstate Highway 35 and Bonnie Brae Street. The Southern tract contains
approximately 239.05 acres south of U.S. Highway 380, of which the proposed amendments
affect approximately 4.1 acres at the northeast corner of Scripture Street and I-35 Frontage
Road. The applicant proposes to provide standards for design, architecture, landscaping and
signage for 4.1 acres located within a Regional Center Commercial Downtown (RCC-D)
zoning and use district. (Z11-0017, Rayzor Ranch - South Medical Office Building, Erica
Marohnic)
2
3 The intent of this request is for the ability to develop a 46,000 square foot, 2-story medical office
4 building on approximately 4.1 acres of the Rayzor Ranch Overlay District located at the
5 northeast corner of Scripture Street and Interstate 35 Frontage Road. Marohnic provided a
6 location map, zoning map and background information for the subject site. The applicant is
7 Alliance Hillview. The South Mixed-Use Campus provided exhibits within the last amendment
8 to the Rayzor Ranch Overlay District RROD (Ordinance 2010-159) for architectural,
9 landscaping and signage standards as a holding place (C-2, D-2 and E-2). The property owner is
10 seeking approval for standards associated only with 4.1 acres of the South Mixed-Use Campus at
11 this time. The subject property is currently unplatted and is part of a larger parcel. Site Plan
12 approval is required by the Planning and Zoning Commission prior to future approval of any
13 final plats or building permits.
14
15 In 2010 the Rayzor Ranch Overlay District came to the Commission establish standards for
16 outside of the town center and interim regulations for residential development. There was a
17 space held in the ordinance to later define the southeast mixed-use area. Marohnic highlighted
18 the architecture, orientation, landscape and signage requirements being defined in this request.
19 The Development Review Committee recommends approval.
20
21 Bentley questioned the place holder for development standards of the subject site. Marohnic
22 referenced an exhibit in the backup documentation of Ordinance 2010-158 with strike-through
23 and markup language. Originally the ordinance was approved with Exhibits C and D to be place
24 holders for South Mixed Use Architectural Standards and the South Mixed Use Landscape
25 Standards respectively. This ordinance amends that to create Exhibit C2A defining only the
26 medical official building Architectural Standards and Exhibit C2
27 remaining of the South Mixed Use area to be defined later. This is the same occurrence with
28 Exhibit D2A defining only the medical office building Landscape Standards and Exhibit D2B as
29 a place holder for the remaining of the South Mixed Use area to be defined later.
30
31 Bentley noted that he did not see the original Exhibits C or D and requested clarification if the
32 applicant is requesting modifications to an existing exhibit. Marohnic stated the entire ordinance
33 was not included in the backup information, only the portion that the applicant is requesting to
34 now identify. Bentley referred back to the original discussion of the South Mixed Use area that
2
1 was to include single-family, multi-family, shopping mall and hotel uses and questioned if these
2 regulations transfer down to those uses. Marohnic responded that the original ordinance did not
3 approve standards for this area, it was approved with a place holder to be defined later. At this
4 time, only the medical office portion of the area is being defined. The other uses will be defined
5 later and in small increments based on the proposed use for that area.
6
7 Bentley recalled the discussion in 2010 for the overlay district and an issue on the tree spacing in
8 the parking area and referenced where the applicant is now requesting 25 parking spaces between
9 trees. Bentley continued that this is a major change from what the Commission recommended
10 approval on in 2010. Marohnic stated that it is a change, but the standards the Commission
11 recommended for approval last year did not apply to this portion of the property. The South
12 Mixed Use area was not defined on the ordinance that was recommended by approval from this
13 Commission or on the final approval from the City Council. Bentley stated that this is a new
14 vision of Rayzor Ranch that the applicant is presenting versus what was presented in the past.
15
16 Bentley also stated that he believed the Commission recommended an increase on the limitations
17 for outside storage in the southern sector referencing an issue that came up about outside sales
18 and displays. The intention was to prevent the appearance of a
19 across the street and to encourage more upscale development on that portion. Marohnic stated
20 that for the southern sector outside display is allowed for retail purposes.
21
22 Bentley highlighted other areas of concern including landscaping the visibility triangle from the
23 crub line to the property line. Bentley noted that he would like to have been able to compare the
24 originally approved Exhibits C2, D2 and E2 to compare the changes.
25
26 Russell added clarification that most of the standards that are being referred to were for the Town
27 Center portion of this overlay district. The request at hand is for a small carved out piece on the
28 southern side for the purpose of a medical office building. The standards being presented only
29 reflect the medical office use. Taylor requested clarifications on the overlay district map
30 presented and standards that have already been approved by the City Council.
31
32 The applicant was present to answer questions; however, no questions were asked of the
33 applicant. No one was present to speak in favor or opposition of the request.
34
35 Commissioner Reece moved approval of this request with a second by Schaake. On roll call
36 vote: Commissioner Jean Schaake "aye", Commissioner Patrice Lyke "aye", Commissioner
37 Thom Reece "aye", Commissioner Devin Taylor "aye", Commissioner Frank Conner "aye", and
38 Commissioner Jay Thomas "aye".Commissioner Brian Bentley "nay". Motion passes (6-1).
39
4. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act,
respond to inquiries from the Planning and Zoning Commission 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.
40
41
42
3
1 Thomas stated he would like an update on the action items requested by the Commission
2 Members and an update on the Tree Preservation Ordinance. Russell stated that the action items
3 would be addressed at the next meeting and the Tree Preservation Ordinance update should be
4 ready in a few weeks.
5
6 Chairman Thomas adjourned the meeting at 7:00 p.m.
7
8
4
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE RAYZOR RANCH
OVERLAY DISTRICT ( RROD ) SECTION 35.7.15 OF THE DENTON DEVELOPM
( DDC ) TO PROVIDE STANDARDS FOR DESIGN, ARCHITECTURE, LANDSCAPI
SIGNAGE FOR 4.1 ACRES LOCATED AT THE NORTHEAST CORNER OF SCRIPTU
AND I-35 FRONTAGE ROAD AND WITHIN A REGIONAL CENTER COMMERCIAL
; PROVIDING FOR SEVERABILITY;
DOWNTOWN (RCC-D) ZONING AND USE DISTRICT
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the RROD encompasses approximately 410 acres of land in its entirety and
is located generally on both sides of U.S. Highway 380 (West University Drive), between
Interstate Highway 35 and Bonnie Brae Street. The Southern tract contains approximately
239.05 acres south of U.S. Highway 380, of which the proposed am
approximately 4.1 acres at the northeast corner of Scripture Street and I-35 Frontage Road; and
WHEREAS, the applicant proposes to provide standards for design, architecture,
landscaping and signage, which standards appear in Exhibits C-2a, D-2a and E-2a attached
herein, for 4.1 acres located within a Regional Center Commercial Downtown (RCC-D) zoning
and use district; and
WHEREAS, the owner of the property defined by the Rayzor Ranch Overlay District,
legally described in Exhibit A to Ordinance 2008-18, (the Property ) supports the
amendments described herein to the Rayzor Ranch Overlay District; and
WHEREAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the Denton Development Code
authorize the City Council to approve overlay districts to protect and enhance certain specific
lands and structures which, by virtue of their type or location, have characteristics which are
distinct from lands and structures outside such special districts and contain such reasonable and
necessary requirements to insure the protection and enhancement of said land and structures.
Further, the overlay districts are authorized to establish specific design standards and
development regulations to effectuate the purpose of the district; and
WHEREAS, on October 4, 2011 the Planning and Zoning Commission, conducted a
public hearing, and having found that all prerequisite requirements had been satisfied,
recommended approval of the requested zoning and code amendments; and
WHEREAS, on November 1, 2011 the City Council held a public hearing as required by
law and approved the modified Rayzor Ranch Overlay District, as
WHEREAS, the City Council finds that the modified Rayzor Ranch Overlay District
serves a public purpose; and
WHEREAS, the City Council makes the following findings:
A. The changes are consistent with the Comprehensive Plan; and
South Mixed Use
incorporated later)
Exhibi� E-2b
Sign Standards — Place holder (�o be
Page 1