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Home My WebLink AboutDecember 6, 2011 Agenda AGENDA CITY OF DENTON CITY COUNCIL December 6, 2011 After determining that a quorum is present, the City Council of the City of Denton, Texas will 3:00 p.m. convene in a Work Session on Tuesday, December 6, 2011 at in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for December 6, 2011. 3. Receive a report, hold a discussion and give staff direction regarding the various forms of communications, including Social Media, used by the City to reach the public, council and staff. 4. Receive a report, hold a discussion and give staff direction regarding revisions to the Downtown Incentive Reimbursement Grant Program. The Downtown Task Force recommends approval (14-0). The Economic Development Partnership Board recommends approval (8-0). 5. Receive a report, hold a discussion and give staff direction regarding a resolution adopting a policy to establish guidelines and procedures for requests for City sponsorship of special events and programs. 6. Receive a report, hold a discussion, and give staff direction regarding the status of a section of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project from the Kings Row Substation to the Denton North Interchange. 7. Receive a report, hold a discussion, and give staff direction regarding the 1420 Committee and the IH35E construction project. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. CLOSED MEETING 1.Closed Meeting: City of Denton City Council Agenda December 6, 2011 Page 2 A. Deliberations regarding Real Property – Under Texas Government Code, Section 551.072; and Consultation with Attorney – Under Texas Government Code, Section 551.071. 1.Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential lease for the exploration and production of minerals of certain real property located in Denton, Texas, namely (i) South Lakes Park, located approximately at 501 Hobson; and (ii) Denia Park, located approximately at 1001 Parvin. Consultation with the City’s attorneys regarding legal issues associated with such potential lease of the above-described real property for mineral exploration and production, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any potential litigation. (Vorel) B. Consultation with Attorney – Under Texas Government Code Section 551.071 1.Receive a briefing from, consult with and provide direction to the City’s attorneys regarding the processes associated with real property acquisitions utilizing the power of eminent domain, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas and the City Council of the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2.Consult with City’s attorneys regarding legal issues associated with the timing, process, terms, consequences and strategies, relating to certain nonannexation agreements to be offered to owners of properties with agricultural exemptions, located within areas in the City’s ETJ previously designated and proposed for annexation in the City’s Annexation Plan as areas DH-7, DH-9 and DH-12. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda December 6, 2011 Page 3 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.Police Appreciation Day Proclamation 2.Presentation of the Achievement of Excellence in Procurement Award for the City of Denton 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – O). 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 – O 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 approval of a resolution adopting Ethical and Training Standards for Juvenile Case Managers employed by the City of Denton; providing for implementation of said standards; and providing for the periodic review to ensure implementation of the requisite standards, and providing an effective date. B.Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. C.Consider and confirm the appointment by the City Manager of a new member to the Civil Service Commission. D.Consider adoption of an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in North Lakes Park, excluding North Lakes City of Denton City Council Agenda December 6, 2011 Page 4 Recreation Center and the North Lakes Annex building therein; providing a severability clause, a penalty clause and an effective date. The Parks, Recreation and Beautification Board recommends approval (7-0). E.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of 3M Radio Frequency Identification System (RFID) to be utilized in the check-in and return of items to the City of Denton libraries. The requested materials are from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code and City of Denton Purchasing Policy Chapter 2, Section III. Such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4870–Radio Frequency Identification System for City of Denton Libraries awarded to 3M Library Systems in the amount of $243,723). F.Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a contract with Animal Hospital on Teasley Lane to perform veterinary services for the City of Denton Animal Services Division; providing for the expenditure of funds therefor; and providing an effective date (RFP 4726–Animal Services for the City of Denton awarded to Animal Hospital on Teasley Lane in the estimated annual amount of $150,000). G.Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Volvo L180G Wheel Loader for the City of Denton Beneficial Reuse Department as awarded by the State of Texas (Contract TXMAS-7-23V010); providing for the expenditure of funds therefor; and providing an effective date (File 4854–Wheel Loader for Beneficial Reuse Department awarded to ROMCO Equipment Co. in the amount of $300,222.38). The Public Utilities Board recommends approval (7-0). H.Consider approval of a resolution formally accepting the donation of an Airport Rescue and Fire Fighting vehicle; and providing an effective date. The Council Airport Committee recommends approval (3–0). I.Consider adoption of an ordinance authorizing the City Manager, or his designee, as Denton’s authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for preparation of a Master Plan for Airport Development at the Denton Municipal Airport; confirming agreement to pay a portion of the total project cost; (Estimated City of Denton contribution is approximately $37,500) and providing an effective date. The Council Airport Committee recommends approval (3-0). J.Consider adoption of an ordinance approving and authorizing the concession to Fair 2000, Inc. to sell alcoholic beverages at designated locations during the 2012 Denton Air Fair, Inc. Air show events, upon certain conditions; and providing an effective date. The Council Airport Committee recommends approval (3-0). City of Denton City Council Agenda December 6, 2011 Page 5 K.Consider adoption of an ordinance authorizing the City Manager to approve a collateral Transfer of Lease Agreement between the City of Denton and Nebrig Properties, LP to PointBank; and providing an effective date. The Council Airport Committee recommends approval (3-0). L.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; (Estimated City of Denton contribution is $50,000) and declaring an effective date (TXDOT Project No.: AM 2012DNTON and TXDOT CSJ No.: M218DNTON). The Airport Advisory Board recommends approval (7-0). M.Consider approval of the minutes of: November 1, 2011 November 7, 2011 November 15. 2011 N.Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a representative to the IH35E Project Stakeholder Committee (SB 1420); affirmation of financial commitment of the City of Denton, Texas to the IH35E Project in the amount of $250,000; and providing an effective date. O.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving interim signage for the “Share the Road” program envisioned by the Vulnerable Road User Ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (7-0). The Mobility Committee recommends approval (3-0). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Labinal, Inc., setting forth the various conditions precedent to Labinal, Inc. receiving the program grant; providing for a severability clause; and providing an effective date. B. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a member to the Board of Directors of the Denton County Transportation Authority; appointing a First Alternate to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. City of Denton City Council Agenda December 6, 2011 Page 6 5.PUBLIC HEARINGS A.Hold a public hearing and consider an ordinance of the City of Denton, Texas, providing for an initial zoning district classification and use designation of Rural Commercial (RC), with an overlay district, on approximately 37 acres of land located within the Milam Creek Ranch Subdivision, east of I-35, on the south side of Milam Road and on the east and west sides of Milam Ridge Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z11-0007, Milam Creek Ranch). The Planning and Zoning Commission recommends approval (7-0). B.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation on property located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 2.066 acres. The subject property is generally located south of McKinney Street, approximately 900 feet west of Trinity Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.(S11-0002, Lake Dallas Storage) The Planning and Zoning Commission recommends approval (3-2). 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 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda December 6, 2011 Page 7 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2011 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding the various forms of communications, including Social Media, used by the City to reach the public, council, and staff. BACKGROUND In an effort to keep the public, City Council, and staff informed about City programs, services, events and news, City communicators use various communication methods. Social Media is the latest communication tool that has been added to the “toolbox.” In light of some inquiries made by council members regarding the way the City uses Social Media to communicate, staff thought it beneficial to inform the City Council about the extensive communication methods used. When communicating any message, one must first determine the message you want to communicate, the audience that you want to reach, and the best method(s) that are at your disposal. For example, it was not that long ago when purchasing an ad in the local newspaper was an effective way to inform the public about City events. However, with the dwindling subscribership to the local newspaper, and more individuals using electronic forms (e.g. Internet, Social Media, television, etc.) to get their information, newspaper ads are not as effective as they once were. However, just because a new form of communication is created (e.g. Social Media), does not mean that staff abandons other forms of communication (e.g. emails, posters, etc.). Communication tools or methods are used based on prior experience and success in reaching the target audience that staff is aiming for, and usually balanced with available resources. Below are some of the methods used to communicate City information. Print BrochuresReports PostersCalendars Fliers Bill Stuffers Billboards Print Ads Newsletters Door hangers Radio Press releases sent to various local stations including KNTU, KRLD, and WBAP. The Office of Emergency Management has an agreement with KNTU to interrupt radio broadcast anytime to communicate City emergency information. Television Denton Television (DTV) channel operates 24 hours a day on three cable systems – Charter Communications, Verizon and Grande, and is streamed live on the City webpage. DTV Newsbreak covers City-specific information and community news and is broadcast on DTV at the top of every hour, except when City Council and Planning and Zoning meetings are airing. DTV produces and airs Public Service Announcements (PSA) about City programs and services. Internet The City operates a website (www.cityofdenton.com) that functions as an online 24-hour portal. It provides timely, accurate, and useful information related to City services and information that impacts Denton residents and businesses. Other forms of communication (print, emails, etc.) usually contain our website address. Social Media In 2010, the City implemented a Social Media directive that provides guidelines intended to govern employees who are using Social Media on the behalf of the City. Currently, the City has eight Facebook, six Twitter accounts, and one YouTube channel. Media Relations Press releases sent out to local and regional media groups. Relationships cultivated with reporters covering municipal news. City communicators prepare talking points and work with staff and media groups to cover City news stories. As you can see, the methods used by the City to communicate are extensive. However, even with all of our efforts we know that we will not reach every individual who may be interested in our programs, services, events, and news. Our communicators meet regularly to discuss the effect of communication campaigns and new communication avenues that may be available. Our efforts to improve communications on City programs, services, events, and news, have been and continue to be recognized by regional, state, and national entities. RECOMMENDATION: None PRIOR ACTION/REVIEW (Council, Boards, Commissions) None EXHIBITS 1.PowerPoint 2.Style Guide 3.Publication Standards and Usage 4.Social Media Directive Respectfully submitted: John Cabrales Jr. Public Information/Intergovernmental Relations Officer CITY OF DENTON PAGE 1 OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: COMMUNICATIONS SECTION: 505.03 INITIAL EFFECTIVE DATE: SOCIAL MEDIA SUBJECT: 07-14-2010 LAST REVISION DATE: SOCIAL MEDIA TITLE: ADMINISTRATIVE DIRECTIVE I.Overview As the use of social and business networking sites become more prevalent, it is necessary to provide guidelines, which are intended to govern both employees who are posting on behalf of the City of Denton, as well as citi Social Networking Web site: A site, which provides a social component to the communications process. These sites create two-way communication, engaging both the City and its citizens. These sites include, but are not limited to: Facebook, Twitter, Myspace, Linkedin, Flickr, Photobucket, and YouTube. Social Networking tools serve as a quick and easy way to obtain public opinion and keep our citizens updated and informed. Social networking benefits include the following: A. Ability to build trust, build relationships, and establish open lines of communication. B. Ability to allow the City of Denton to be proactive and not reactive to citizens needs and concerns. C. Ability to and to keep citizens updated and informed. D. Ability to create better overall brand awareness for the City of Denton. E. Ability to engage citizens, introduce new services, publicize upcoming events, reach a new demographic, and more. Social Networking is not designed to replace your current avenues of public communication, but rather it should enhance them. The Public Communications Office (PCO) can help you evaluate Social Networking as a tool for your department and discuss the options to best meet your needs. s strategic plan, the following should be o evaluated: 1.How will you use Social Networking? 2.Who will be responsible for posting/moderating site content? 3. PAGE 2 OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: SOCIAL NETWORKING WEB SITE TITLE: 505.03 II.Department Guidelines If your department has already established a Social Networking Web site, or plans to establish a site in the future, please be aware of the following guidelines. All content, including external hyperlinks, is subject to review by the Public Communications Office (PCO) to ensure consistency with City policies and procedures, correct style and grammar, and accuracy using the Communication Style Guide. Please familiarize yourself, and your staff, with the following guidelines. regularly publish A.Create a Social Networking Web site for your department only if you can content that is informative, interesting, and necessary. Regularly published content ensures your fans/followers will stay tuned-in to the information your department is posting. B.The attached Request Form must be completed for new and existing sites. Forms must be submitted and approved by your department director prior to creation of the site. Existing sites must still be approved in order to continue and re-establish in accordance with these guidelines. C.By establishing a Social Networking presence, the primary purpose is to provide a source of information for citizens. D.Repetitive comments are discouraged. E.Social Networking Web Sites established by the City of Denton are not for political or solicitation purposes. See appendix A. Such comments will be removed by the site moderator. F.Use Social Networking Web sites as a way to be proactive. Keep in mind, these sites result in two-way communication. Be prepared to encounter both positive and negative citizen feedback and respond appropriately. III.Rules for Posting and Comments A link to Denton Online (at www.DentonOnline.com) shall be provided on your department Networking Web site(s) place the link in the Info., About Us, Contact Us, Bio, or in another appropriate, easily accessible place. Denton Online is designed to serve as a hub for the various Social Networking tools employed by City of Denton departments. The section of these guidelines, which applies to the public, will be posted at www.DentonOnline.com. Via Social Networking Web sites, the City of Denton wishes to promote effective communication. All comments are read on a regular basis and will remain posted if in keeping with the following rules: A.Responses to comments shall be limited to providing factual information. Moderators shall not argue with customers or post comments relating to City policies and practices. Moderators will not express opinions. B. be relevant, current, and appropriate. C.Keep comments short and to the point. PAGE 3 OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: SOCIAL NETWORKING WEB SITE TITLE: 505.03 D.Do not include personally identifiable information within your comment, such as addresses, phone numbers, social security numbers, or other sensitive information. E.Do not represent yourself as another person. F.Responses must be civil. They must not contain malicious, offensive, threatening, profane, or insulting language. Above all else, respect others. No references to the personality of other participants or individuals, or attacks on individual character will be permitted. G. H.Self-promotion and personal advertising are not allowed. I.To ensure reader clarity, please re-read your posts and/or comments, and check for grammar and spelling errors, before submitting. IV.Rules for Public Users A.Anonymous comments will not be accepted. Depending on the functionality of the site, users must be registered to post comments. B.Users cannot represent themselves as another person. C.User comments must be civil. They must not include the following: 1.Profane language or content. 2.Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability, or sexual orientation. 3.Sexual content or links to sexual content. 4.Threats of violence. 5.Solicitation for political or charitable purposes. 6.Solicitations of commerce. 7.Conduct or encouragement of illegal activity. 8.Information that may tend to compromise the safety or security of the public or public systems. 9.Content that violates proprietary information of any other party. D.Failure to comply with these rules shall result in the removal of the comment and being barred V.Moderator A.Any department establishing a Social Networking account shall first establish the position of site moderator who shall have responsibility for operating and maintaining the site. If the department is engaging in more than one Social Networking site, a moderator for each site PAGE 4 OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: SOCIAL NETWORKING WEB SITE TITLE: 505.03 may be required. Site moderators should be very knowledgeable about their departments, the City of Denton in general, and have good communication skills. B.Site moderators should be trained to post regular, important information (which is applicable to the general public) including responding to or referring inquiries when necessary. C. D. Moderators are responsible for ensuring information given is accurate. E.Moderators shall never misrepresent themselves using a false name when acting on behalf of the City of Denton. F.Moderators shall be accountable and responsible for the content their department submits. G.Comments shall be deleted if they violate the rules for public comment set forth herein. H.To ensure reader clarity, moderators should re-read their posts and comments, prior to submitting. Also, check for grammar and spelling errors. VI.Procedures A.A Request Form must be completed for new and existing sites. Forms must be submitted and approved by your department director prior to creation of the site. Existing sites must still be approved in order to continue and re-established in accordance with these guidelines. B.City of Denton social networking sites shall be established only on City-owned computers. C.Sites shall be created with a generic user id (or e-mail address), such as library@cityofdenton.com. This type of e-mail address can easily be set up through Technology Services. Do not set up accounts using personal or City e-mail address. (See Appendix A.) D.Facebook Pages: 1.Establish a Fan Page for the department not a Friend or Group Page. Please refer to Appendix B. This will allow the moderator to better control the message in an area designated specifically for organizations. 2.Examples for Facebook page details will be supplied by PCO. To obtain an example, contact PCO. official E. department marker. PCO will assist in creating a graphic that will fulfill this requirement. F.For each Social Networking Web site the department joins, password information shall be stored in a safe place (accessible by other staff, if necessary) and submitted to the City of Denton Web site/Graphics Administrator in the PCO. G.When establishing Social Networking Web sites for a department, use the following format: cityofdentondepartment for Facebook sites and Denton department for Twitter sites. For PAGE 5 OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: SOCIAL NETWORKING WEB SITE TITLE: 505.03 example, facebook.com/cityofdentonplanning or twitter.com/dentonplanning. When setting up a name for a site other than Facebook or Twitter, please call the Public Communications format has all ready been created for a department, create a new site. Site names must immediately and clearly identify the department to the public. Contact PCO for more information. (See Appendix B.) H.fficial City of Denton I.Include summaries of information and direct readers to www.cityofdenton.com (or the official City of Denton departmental Web site) for complete stories, press releases, articles, and more. J.Self-promotion and personal advertising are not allowed. K.Texas State Law and relevant City records retention schedules apply to social media formats and social media content. Unless otherwise addressed in a specific social media standards document, the department maintaining a site shall preserve records required to be maintained pursuant to a relevant records retention schedule for the required retention period on a City server in a format that preserves the integrity of the original record and is easily accessible. Appropriate retention formats for specific social media tools are detailed in the Texas State Library Local Government Bulletins. Any questions regarding records retention should be directed to the City Secretary. VII.Code of Conduct Official and personal use of social networking is subject to Policy No. 109.01, Section V. - B. 30 regarding personal conduct. PAGE 6 OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: SOCIAL NETWORKING WEB SITE TITLE: 505.03 City of Denton Social Media Request Form Name & Title : ____________________________________________________ Department: _____________________________________________________ Social Media Application(s) Requested: _______________________________________________________________________________ _________________________________________________ Specific justification and reasons for creating an account that is separate from the City account: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _____________________________________________________ Request must be approved and signed by Department Director and City Manager or designee prior to implementation. Please route request to Department Director first: ___ Approved ___ Denied Department Director_____________________ ___ Approved ___ Denied City Manager __________________________ PAGE 7 OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: SOCIAL NETWORKING WEB SITE TITLE: 505.03 Appendix A Creating a Fan Page on Facebook Preparation 1.When establishing a Facebook Fan Page for your department, use the following format: City of Denton [yourDepartment]. 2.Have your logo/marker image ready for upload. Image should be clear when reduced to thumbnail. PCO will assist you in creating a single graphic to fill this requirement. 3.Request your generic department email address for your user ID. 4.Prepare your initial content to launch your Fan Page. Fan Page Setup Step 1: Pick a category and name Select Category Brand, Product, or Organization, then choose Government from the drop-down menu Name of Page: City of Denton [yourDepartment] Step 2: Add profile picture Step 3: Add your content Click "Add information to this Page" underneath the profile picture and enter as much basic and detailed information as you can. The more details you can add about who you are, what you do, and when and where customers can buy your products or your services, the more successful you will be. Step 4: Make it rich and engaging Like user profiles, Pages have multiple tabs. By default, your Page has a Wall tab for you and your fans to share content, an Info tab for you to share business information, and a Boxes tab for application modules. You can choose to devote entire tabs to several Facebook applications, such as Photos, News, and Events. The more rich content you add, the more ways users can interact with it and spread that connection to their friends. Post photos of products, employees, and customers. List an event for your department. Write a note about upcoming promotions. PAGE 8 OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: SOCIAL NETWORKING WEB SITE TITLE: 505.03 Step 5: Publish Click the "Publish this Page" link to share your Page with the world. Optimize your Page's performance by clicking the "Edit Page" link and setting a variety of controls. For instance, you can control the default landing tab for users who are not yet fans of your Page. You can also choose whether or not to allow fans to share Wall posts, photos, and more; allowing these will enrich your Page and increase its reach across Facebook. Don't forget to become a fan of your own Page! Share it with friends by clicking the "Share" button in the lower left of the Wall or Info tab. Step 6: Update regularly Updating your Page regularly with fresh photos, upcoming events, and the latest promotions means your Page won't just look like a profile, it will feel like one. That is the key to keep users coming back. Facebook users are used to getting information sorted by what happened most recently. If you keep your Page active, which you can do through mobile integrations and applications, you'll find that your fans are more engaged and more interactive. You can also send some or all of them messages by clicking "Send an Update to Fans" in the upper-left of your Page (under the profile picture). Updates are useful for sending out announcements like promotions, sales, or events. PAGE 9 OF 9 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: SOCIAL NETWORKING WEB SITE TITLE: 505.03 Appendix B Naming Structure Exceptions The rules set forth in this directive, in regard to naming structure for Social Networking Web sites, do not apply to the following: Denton Municipal Electric (DME) Keep Denton Beautiful (KDB) While these entities clearly represent the City of Denton, they serve unique roles in the community. Per City ordinance, Denton Municipal Electric (DME) is a separate entity, and Keep Denton Beautiful (KDB) is a 501(c) 3. When selecting a name for a Social Networking Web site, these two groups should pick a name that immediately and clearly identifies the group to the public. Communications Style Guide T he City of Denton Communica ons Style Guide has been compiled to assist City employees who prepare reports, correspondence, newsl ers, d iers, adver sements, webpages, or other wri en forms of communica on including both print and digital documents. The Style Guide shou be used when compiling Social Media messages. The Communica ons Style Guide is intended to help develop uniformity and consisten the organiza on. For items not covered in this guide, please refer to the Associated Press (AP) Stylebook, the Gregg Reference Manual, or ;,·;©x b;Þ ©7 5z- onary. A publication of the Public Communications Ofﬁ ce Revised: June 2011 acronyms: Spell out on ﬁ rst reference. Put the acronym in parentheses (and in all caps) following the ﬁ rst reference. Take care when using acronyms in subsequent references. Not everything should be shortened to acronyms, especially if they are not universally known. addresses: Spell out words such as avenue, street, road, square, terrace, drive and directions (east, west, north and south) without when used a speciﬁ c number. Otherwise abbreviate. Example: City Hall is located on East McKinney Street. City Hall is located at 215 E. McKinney St. age: Always use numbers. a lot: Two words. all right: Two words; never alright. annual: An event cannot be described as annual until it has been held in at least two successive years. If it is the ﬁ rst year for an event, even if it is scheduled to be held annually, refer to it as ﬁ rst-ever. (See also: ﬁ rst-ever). area codes: Seephone numbers Bachelor of Arts, Bachelor of Science: Also acceptable, bachelor’s degree or bachelor’s on any reference barbecue: Not barbeque or B-B-Q. board: Always capitalize when referring to a speciﬁ c board; otherwise, lowercase. Examples: Nancy is a member of the Library Board. Nancy serves on many community boards. building: Never abbreviate. cancel/canceled/cancellation: only use two l’s in cancellation. Careers on Wheels/Career Fair: Events hosted by Denton ISD and other local groups, always capitalize. cents: Spell out the word cents; always lowercase. Use numerals when referencing amounts less than a dollar. cities (in general): Use commas before and after a state name when it appears with a city name. Example: The staff members are traveling to New Orleans, Louisiana, for a conference. cities (in Texas): When listing a Texas city, do not list Texas following the city name unless it is otherwise confusing. Example: The economy in Dallas is improving. The economy in Paris, Texas, is improving. City Council: Two words, both capitalized; can be referred to as the Council on subsequent uses. City Hall/City Hall East/City Hall West City Limits: Formal name of the City’s internal newsletter. Two words, both capitalized and italicized. City Manager/City Secretary: Seetitles City Manager’s Ofﬁ ce (CMO): CMO is acceptable on second use (internally). City of Denton : Capitalize “City” in all references speciﬁ cally to the City of Denton, otherwise lowercase. Example: The City of Denton has ofﬁ ces spread around the city. The City is adding a new park. City of Denton Landﬁ ll: Full name on ﬁ rst use; Landﬁ ll (captalized) acceptable on second reference.Not Municipal Landﬁ ll. citywide: One word, no hyphen. clean up/cleanup: Use clean up (no hyphen) as a verb. Use cleanup (one word) as a noun or adjective. Example: “Clean up your room!” We participated in the park cleanup event. Clear Creek: Always capitalized. Clear Creek Natural Heritage Center: Capitalize all ﬁ ve words; there is no acronym. CodeRED: CodeRED is the City’s emergency notiﬁ cation system. All one word, RED is all caps. commas: General rules apply. When making a list, add a comma after the next-to-the-last item in a series. Example: Water Utilities includes the Water, Wastewater, and Beneﬁ cial ReUse departments. committee: Capitalize when using full title; otherwise, lowercase. Council Chamber: Two words, always capitalized. Note: there is no “s” on Chamber. Council Member: Capitalize as a title. (See also: titles) Example: Council Member Chris Watts attended the dedication. There were three council members present. co-worker: Hyphenated. data: As language has evolved, this once plural noun can be treated as singular. Although, it normally takes plural verbs and pronouns. Dates:without Always use arabic ﬁ gures st, nd, rd, or th. (See also:months and year). Example: The process will be complete by Oct. 1. (Incorrect: The process will be complete by October 1st.) decades: Use an s without an apostrophe to indicate spaces of decades or centuries. Use an apostrophe when listing the decade alone Example: We studied about the 1890s. I was born in the ‘70s. Denton Airport (DTO): Denton Airport is the ofﬁ cial title. DTO are the airport’s call letters. Days of the week: Capitalize them. Do not abbreviate. : Denton Citizen ConnectionFormal name of the City’s bill-insert newsletter; always capitalized and italicized. day to day/day-to-day: Hyphenate when used as a compound modiﬁ er. Example: They have extended the contract on a day-to-day basis. Denton County/Denton Co.: Denton Co. acceptable as a ﬁ rst reference. Denton Independent School District/Denton ISD : Denton ISD is appropriate on ﬁ rst use. department: When referring to a speciﬁ c department, capitalize department as part of the full title. Lowercase when referring to more than one department. Example: The Solid Waste Department is located at the Landﬁ ll. The Solid Waste and Planning departments will attend the meeting. Many departments attended the meeting. Denton Municipal Electric (DME): Spell out full name on ﬁ rst use, DME on second reference. Denton Public Library (DPL): Formal name of Denton’s library system (includes three branches). DRC): Denton Record-Chronicle (Formal title of Denton’s local newspaper. DRC on second reference is acceptable. Denton Television (DTV): Formal name of the City’s Cable Television channel. Can use the formal title, however, it is appropriate to use DTV, even on ﬁ rst reference. DFW Metroplex: Used to describe Dallas/Fort Worth and surrounding cities (including Denton). Metroplex is also acceptable, capitalized. directions (and regions): In general, lowercase north, south, northeast, northern, etc., when they indicate compass direction; addresses capitalize these words when they designate regions. (See also: ). Example: He drove west. A storm system is developing in the Midwest. dollars: Seemoney driver’s license: . Also driver’s licenses Drop-Off Center: seeRecycling Drop-Off Center Dyno Dirt: Two words, always capitalized. Economic Development Partnership (EDP): Always capitalized; EDP acceptable on second reference. email : All lowercase, without hyphen. email listings : First and last names should be capitalized when listing a City-speciﬁ c email address. Example: For more information, send an email to John.Cabrales@cityofdenton.com. email signatures: Email signatures are an excellent way to provide customer service, both internally and externally. In your email signature, include your name, department, and phone number. Your title, fax number, or cell number can also be included. ellipsis: Use a space before and after three periods within a quote or sentence. Use three periods with spaces between each at the end of a thought or sentence to indicate continuation. Example: George Campbell said, “We will succeed ... through collaboration, innovation, and efﬁ cient use of resources.” OR George Campbell said, “We will succeed . . .” Emily Fowler Central Library: Always capitalized. Not Emily Fowler Library or Emily Fowler. Emily Fowler Library Foundation: Always capitalized. etc/et al.: These are not interchangeable — etc. = things; et al. = people. Use a comma before (and after) each. Example: Many recyclable items plastic, glass, aluminum, etc., can be taken to the Recycling Drop-Off Center. The breakfast was attended by the City staff, Council Members, et al. every day/everyday: Two words when referring to a recurring incident; one word when serving as a modiﬁ er. Example: He loves coming to work every day. Spending time with his boss is an everyday occurrence. exclamation mark: Do not over use exclamation marks. If something is important, it should be reﬂ ected in your text and not in your punctuation. If you choose to use an exclamation point, use only one! extensions (internal): When including phone numbers for City employees in internal documents, list “x” and the extension. Example: For more information, contact Shirlene Sitton at x8054. farmers market: Note: no apostrophe. fewer/less:fewerless In general, use for individual items, use for bulk or quantity. Examples: Fewer than 10 applicants called. (Individuals.) I had less than $50 in my pocket. (Individual items.) ﬁ rst-ever: Use this to describe a ﬁ rst-time event that may become an annual event. Always hyphenated. Capitalize when part of a formal title, otherwise lowercase. (See also:annual). Example: Save the date for the First-Ever Neighborhood Summit. The department held its ﬁ rst-ever golf tournament to raise funds for United Way. ﬁ reﬁ ghter: One word; no hyphen. ﬁ rst-come, ﬁ rst-served: use a comma to separate the phrases and hyphenate both. ﬁ scal year: SeeFY. ﬂ agpole: One word. ﬂ ier: This is the preferred spelling for handouts (not ﬂ yer). follow-up: Hyphenated as a noun and adjective. Use two words (no hyphen) in verb form. Friends of the Denton Public Libraries: The Not Friends of the Denton Public Libraries. FY: Use FY in table formats; otherwise, spell out as in ﬁ scal year 2012-2013. General Fund: Always capitalized. half-staff: Not half-mast. holidays and holy days: Capitalize them: New Year’s Eve, New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Hanukkah, and Christmas. Home Chemical Collection (HCC): HCC acceptable on second use. hourlong : all one word Home Chemical Collection ReUse Store: Full name on ﬁ rst use; ReUse Store on second use. Capitalize R and U, one word. high school/high-school: No hyphen when used as a noun; hyphenate when used as an adjective. highways: US 380 I-35E Loop 288 I-35W Historic Landmark Commission (HLC): Always capitalized; HLC acceptable on second reference hot spot: Two words, for descriptions of the area where computers can connect wirelessly. I vs. me: “ I” is normally the subject pronoun and “me” is the object pronoun. “I” is used when you are doing the action in the sentence, and “me” is used when you are receiving the action. The simplest way to determine what’s right, is to eliminate the unnecessary words. Example: “It is important to you and I.” Delete YOU AND, and you’re left with this incorrect phrase: “It is important to I.” Therefore, you know it should read “It is important to you and me.” i.e./eg: Remember it this way: i.e. means “in other words” and e.g., means “for example.” Put a comma after both of these. Example: She likes card games, e.g., bridge and crazy eights. She likes to play cards, i.e., bridge and crazy eights. in-kind: Always hyphenated. Example: The Denton Parks Foundation received an in-kind donation. Internet/Intranet: Always capitalized. italics: Italicize titles of books, journals, published reports, motion pictures, magazines, and television programs. it’s/its:It’sIts These words are not interchangeable. is a conjunction, it always means it is or it has. is the possessive form of it. Example: The company recognized its employees at an annual banquet. It’s held at the Civic Center. JDEdwards: All one word; note J, D, and E are all capitalized. job site: Two words, no hyphen. Keep Denton Beautiful/KDB: Spell out full name on ﬁ rst use in a document, KDB on second reference. www.KDB.org : Always capitalize KDB when listing its website address. Lake Lewisville: Always capitalized. Lake Lewisville Water Production Plant: Always capitalized. Lake Ray Roberts: Always capitalized. Lake Ray Roberts Water Treatment Plant: Always capitalized. Landﬁ ll: seeCity of Denton Landﬁ ll Landﬁ ll Gas to Energy: Always capitalized. less/fewer: In general, use fewer for individual items, less for bulk or quantity. Library Board: Always capitalized. long term/long-term: Hyphenated when used as compound modiﬁ er. Example: We will win in the long term. He has a long-term assignment. log in/log on/log off: Two words as a verb, one word as a noun. Example: Use your login to access JDEdwards. Once you log on, please complete the process. mayor: See titles measurement: Use numbers for depth, height, length, width; write out the words feet and inches, except in very technical work. Metroplex: Used to describe Dallas/Fort Worth and surrounding cities, capitalized. Also OK to use DFW Metroplex. middle school/middle-school: No hyphen when used as a noun; hyphenate when used as an adjective. midnight/noon: Not 12 a.m. or 12 p.m. (See also: time). money: It is not necessary to add a decimal point or zeros to a whole dollar amount that occurs in a sentence. When numbers run to four or more ﬁ gures, use commas to separate thousands, hundreds of thousands, millions, etc., in whole numbers. Spell out inﬁ nite amounts of money. Use more than when referencing money. Example: More than a few million dollars has been spent on road construction projects this year; however, only $13,400 was spent on the Drury Lane project. The rate increase was more than $5 a month. months: Capitalize the names of months in all uses. When a month is used with a speciﬁ c date, abbreviate only Jan., Feb., Aug., Sept., Oct., Nov., and Dec. Spell out when using alone, or with a year alone. When a phrase uses only a month and a year, do not separate the year with commas. Exception: On formal pieces, like invitations, it is acceptable to write out the full month with a date. (See also: date and year). Example: January 1972 was a cold month. Jan. 2 was the coldest day of the month. His birthday is June 8. The event is scheduled for Feb. 23. more than/over: more thanover Use with numerals. Use only when referring to spatial relationships. Example: The rate increase was more than $5 a month. More than 500 employees replied. The plane ﬂ ew over the city. Municipal Court: Always capitalized. Natatorium: Always capitalize when speciﬁ cally referencing Denton’s Natatorium, otherwise lowercase. networking: One word. Nixle: Always captalized. nonresident: One word, no hyphen (in general no hyphen when words use non as a preﬁ x). noon/midnight: Always use noon or midnight; not 12 a.m.. or 12 p.m. (See also: time).Captialize noon when used as a header or in an invitation. North Branch Library: Always capitalized. North of Ordinary: Ofﬁ cial tag line for Denton Chamber of Commerce and Denton Economic Development Department. numerals: Useﬁ gures for 10 or more; spell out nine and below. Exceptions: always use ﬁ gures with percentages, however, do not use the percent sign. (See also: percent). Always spell out numbers at the beginning of a sentence. Exceptions apply to charts/graphs. Example: Twenty-two thousand Denton citizens voted in the last election, which is more than 20 percent of Denton’s population. However, only two in 12 were early voters. OK: not Okay or O.K. on: Limit use of the preposition on; in most cases use about. Example: The conference was about Green Building. online: One word, no hyphens, lowercase. on-site: Not capitalized, hyphenated. Outlook: Also Microsoft Outlook. over/more than: overmore than Only use when referring to spatial relationships. Use with numerals. Example: The plane ﬂ ew over the city. The rate increase was more than $5 a month. More than 500 employees replied. Pecan Creek Water Reclamation Plant: Always capitalized. percent: Spell out the word percent, do not use the % sign, unless part of a chart or graph (see also numerals). Example: On an average yearly basis, 40 percent of DME’s energy portfolio comes from renewable energy. periods:one When writing, place only space after a period. phone numbers: When a phone number is listed on external documents, the phone number should appear in this format: Do not use: (940) 349-8200. If listing an 800 number, use the same format: (800) 444-4444. 940-349-8200 or 940.349.8200. (See also: extensions) Planning and Zoning Commission/P&Z: Spell out full name, when necessary. P&Z is acceptable on ﬁ rst reference in internal documents. PLAY! guide: PLAY all caps with exclamation mark, guide lowercase. preschool: No hyphen. pre-register: With hyphen (Note: this is an exception to some rules). pro-tem: Always hyphenated. Capitalize when used as a title. Example: Mayor Pro-Tem Pete Kamp cast her vote. Public Utility Board/PUB: Always capitalized; PUB acceptable on second reference. quotation marks: When using quotation marks, include puntcuation within the quotation marks. Example: “Denton is a great place to live and work,” said Mayor Burroughs. Recycling Drop-off Center: Spell out full name on ﬁ rst use.Drop-Off Center OK on second reference. ReUse Store: SeeHome Chemical Collection ReUse Store right-of-way/rights-of-way (singular)(plural) RSVP: No periods. seasons: Lowercase spring, summer, fall, and winter and derivatives such as springtime; unless part of a formal name. self-: Always hyphenate compound modiﬁ ers that begin with “self.” Examples: self-help, self-insured, self-defense SharePoint: All one word, S and P capitalized. Use to refer to the City’s Intranet, formerly called Portal. sign-up/sign up: Hyphenate in noun and adjective form. Use two words (no hyphen) in verb form. Example: The teacher gave her students the sign-up form. She said, “Sign up today!” South Branch Library: Always capitalized. staff: Do not capitalize. Singular use, use singular verb. state names: Use commas before and after a state name when it appears with a city. Example: The staff members are traveling to New Orleans, Louisiana, for a conference. (See also: cities). statewide: No hyphen. stormwater: one word subcommittee: One word. T-shirt: Capitalize the T; not t-shirt or tee-shirt. time: Use midnight or noon instead of 12 a.m. or 12 p.m. Use ﬁ gures for all other hours. Also, use a.m. and p.m. with periods to denote time. For time on the hour, do not use zeros to denote minutes. Example: We ate lunch at noon and at 1:30 p.m. we took a nap. The workshop was held from 8 a.m to 1 p.m. We took a break from 10 to 11 a.m. tennis racquet: Not racket titles: In general, conﬁ ne capitalization to formal titles used directly before an individual’s name; otherwise, lowercase. Commas are used to separate a person’s name from a title. Example: City Manager George Campbell was present at the meeting; the mayor was also in attendance. John Smith, supervisor, was not available. Mayor Mark Burroughs declined to comment. titles (abbreviated): The following formal titles are capitalized and abbreviated as shown, when used before a ﬁ rst and last name unless identifying a quote: Dr., Gov., Rep., Sen. Texas Department of Transportation/TxDOT: Spell out full title on ﬁ rst use. TxDOT for second reference. Texas Municipal League/TML: Always capitalized; TML acceptable on second reference. Texas Woman’s University: spell out full name on ﬁ rst use; TWU on second use. trash: Not garbage or refuse. United States/U.S.: Spell out United States when used as a noun; U.S. when serving as an adjective. Example: The United States is part of North America. We visited the U.S. Post Ofﬁ ce. University of North Texas: Write out full name on ﬁ rst use; UNT on second use. Wastewater Treatment Plant (WWTP): Always capitalized. Spell out on ﬁ rst use. WWTP OK on second reference. Water Works Park: Always capitalized. web address: When listing a website address, include the “www,” no underlining is necessary. Also, there is no need to include the web address preﬁ x http://. Example: For more information, visit www.cityofdenton.com. webpage: One word, no hyphen. All lowercase. WiFi: One word, no hyphen;note the W and F are capitalized. website: One word, no hyphen. All lowercase. World Wide Web: Always capitalized. work force: Two words. workplace: One word. Work Session: Always capitalized; two words. y’all: Not ya’ll. This is a conjunction; the apostrophe replaces “ou” Year: Useﬁ gures, without commas. Use commas only with a month and day. Do not include the year unless the date in reference is happening more than one year before or after the current time. Years are the lone exception to the general rule that aﬁ gure is not used to start a sentence. (See also: decades). Example: The event is scheduled for Oct. 24. This event will take place every ﬁ ve years and will happen again on Nov. 26, 2016. 2011 will be a better year. year-end: . Hyphenated yearlong: One word. zero: or zeroes ZIP code: Use all-caps ZIP for Zoning Improvement Plan, but always lowercase the word code. Run the ﬁ ve digits together, without a comma. Do not put a comma between the state name and the ZIP code. Example: Please deliver to 901B Texas Street, Denton, TX 76209. CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: SECTION: PUBLIC INFORMATION 505.02 SUBJECT: PUBLICATION STANDARDS AND USAGE INITIAL EFFECTIVE DATE: LAST REVISION DATE: TITLE: PUBLICATION STANDARDS AND USAGE 11/18/2009 POLICY STATEMENT: The Publication Standards and Usage policy has been developed to guidelines and standards for City of Denton communications and p is to institute a uniform and cost-effective design for City communications and to enhance the identity and professional image of local government while allowing departments flexibility and creativity within the confines of thi e profile of the City by ensuring its name is clearly recognizable. all The basic requirement of this policy is that electronic and print publications, which describe official City of Denton programs and functions, are con identified as City of Denton communications. official logo is incorporated into all operations. This also ass City publications, properties, and services and promotes a sense community pride. internal and external communications. The programs and actions d enhance awareness of the City of Denton internally and externall plogos and department markers. All logos, markers, and images described herein are the sole property of th City of Denton. This policy is to be used and upheld by all departments and individuals working to communicate on behalf of the City. All design, composition, and departments/divisions and all City staff will follow the design by this policy in creating publications. External agencies and any other services employed by any department or division are required to observe t External vendors will be provided with design and style specific with the department originating the purchase order. Copies of this policy can be made available to external vendors. 10 PAGE 2 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: TITLE: 505.02 DEFINITIONS: I. The City of Denton Seal: The City of Denton seal is reserved for the highest official communication of the City by the Mayor and City Council. The sea guarantee; it is reserved for the most solemn and serious purposes of this mun (see section V.A.). II. Official City Logo: The official City logo is an image that has been officially iden through this policy to represent and identify the City of Denton(see section V.B.). III. City of Denton Wordmark: presented in a specific form. It communicates immediately who we commonly used and readily identifiable element on official City publications (see section V.D.). IV. Official Denton Municipal Electric (DME) Logo: The official DME logo is an image that has been officially adopted by the City Council to represen Municipal Electric (see section V.E.). V. Department Markers: Department markers are images that identify departments and divisions (see section V.F. and Appendix A). VI. Program Markers: Program markers are images that identify programs such as the Home Chemical Collection Program, Keep Denton Beautiful, etc. (see section V.F. and Appendix A). VII. External Customers: External customers are defined as individuals who receive services such as citizens, other municipalities, organizations, VIII. Internal Customers: Internal customers are defined as City employees working in departments and divisions within our organization. IX.PMS: The Pantone Matching System is a professional color system for m colors in printing. Publication Standards and Usage Policy (505.02) 10 PAGE 3 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: TITLE: 505.02 ADMINISTRATIVE PROCEDURES: I. Approval for Use: A. Requests for clarification of this policy should be directed to the C Public Communications Manager, who reports to the Director of Administrative Services. B. Departments and divisions may use the approved markers shown in Before a new or revised design can be utilized, the marker must be sent to Public Communications Office for approval and will be added to Appendix A. Individuals ordering materials that violate this policy can be held personally responsible for the associated costs. II. Archival Responsibility: Departments and divisions are required to maintain a copy (copie of Denton publication in accordance with the records retention s III. City of Denton Publications: A. City of Denton publications are any media produced and/or paid for out of budgeted funds administered by the City of Denton, including grant funds funds. The videotape, desktop publishing, or on-line media. B. markers (that is, City seal, wordmarks, logos, or department markers) whether produced internally or externally. IV. Accuracy in Communication: A. It is the responsibility of all individuals originating publications on beha City of Denton and departments to communicate responsibly. Information distributed by City representatives must hold to the highest level of accuracy in content and reflect the Citys Official Style Guide in format, style, and design as as a municipality. Publication Standards and Usage Policy (505.02) 10 PAGE 4 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: TITLE: 505.02 B. Departments/divisions that originate publications and other medi retain the primary responsibility for accuracy of the information presented. Each time publications are revised, information must be proofread and rechecked for accuracy. Proofreading services are available through the Public Communications Office. C. All publications and advertisements relating to City of Denton employment opportunities must carry the following non-discrimination statement or the abbreviated format. 1. When space is available: It is the policy of the City of Denton not to discriminate on th race, color, religion, sex, age, national origin, disability (where reasonable accommodations can be made), disabled veteran status, or veteran of the Vietnam-era status in its delivery of services and employment policies. Direct your questions or concerns to the De of Human Resources at (940) 349-8340. TDD access is available through Relay Texas: (800) 735-2989. 2. Abbreviated form: a) Equal Opportunity Employer b) ADA/EOE/ADEA D. All other publications must carry the following non-discrimination statement: 1. When space is available: The City of Denton is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, sex, or disability in employment or the provision of services. 2. Abbreviated form: a) Equal Opportunity Employer b) ADA/EOE/ADEA E. Meeting notifications must include statements that the meeting f ADA accessible. Publication Standards and Usage Policy (505.02) 10 PAGE 5 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: TITLE: 505.02 F. All publications intended for mailed distribution are required t address. Publications that will be distributed by some other means are required to carry some form of address or telephone number at which the a department representative can be reached. V. City of Denton Graphic Identity Markers: The following summary contains basic gu graphic identity markers. Images of the graphics must be reprodu be embossed, debossed, or watermarked. Images can be obtained from the Intranet, Reprographics, or the Public Communications Office. A. The City of Denton Seal: The City of Denton seal (shown above) is reserved for the highes communication by the Mayor or City Council. The seal is a mark o is reserved for the most solemn and serious purposes of this municipality. The City Secretary must coordinate all uses of the City Seal. The seal is appropriately reserved for: 1. Ordinances and resolutions. 2. Employment contracts. 3. Proclamations. 4. Document certification. 5. Communication from the Mayor or City Council. 6. Gifts presented on behalf of the Mayor, City Council, or City Ma B. The City of Denton Logo: (PMS 185 and Reflex Blue) Publication Standards and Usage Policy (505.02) 10 PAGE 6 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: TITLE: 505.02 The City of Denton logo and department markers are related but s purposes. 1. The City of D stretched or distorted to appear in any shape or proportions oth those shown here. 2. The logo is the image that should be used prominently on stationery, business cards, forms, printed memoranda sheets, and official communication on paper of all kinds (see section VI.B. for more information on stationery). 3. All department and program markers are secondary to the official logo. 4. The City logo is not to be used by any individual or organization without the written consent of the City of Denton. No commercial or general community use of the logo is permitted without written, specific from the Public Communications Office. 5. The logo may be used in conjunction with events that the City is sponsoring or co-sponsoring. The receipt of Hotel Occupancy Tax (HOT) funds does not imply City sponsorship. HOT fund recipients shoul on promotional materials. 6. The logo may not be used at events that merely are held on City property or at events produced by outside organizations that intend eventually to benefit the City. C. The City of Denton Wordmark: City of Denton 1. The City of Denton wordmark is our name presented in a specific form. It communicates immediately who we are and is the most commonly use and readily identifiable element on official City of Denton publications. In many design applications where use of one of the other graphic elements herein would clash with other prominent designs, the wordmark is the best Publication Standards and Usage Policy (505.02) 10 PAGE 7 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: TITLE: 505.02 choice. It is required that the name of the City be prominently displayed in the wordmark format or in one of the other formats described herein but need not dominate the design. 2. Standards: a) Use the wordmark in its entirety. b) Use the wordmark in an area in which other type is not touching superimposed over it. c) Use only reproduction-quality images of the wordmark. It must appear in CG Times, bold in upper and lower cases, and one line only, no smaller than 12-point font size. If these specifications cannot be matched, do not substitute others. d) The wordmark may be printed in any solid color if the rest of th in that color. Wordmark on official letterhead must be printed in blue. It should not be printed in more than one color or printed in reverse unless it is presented wholly in reverse form. The wordmark can also be printed as a watermark. D. Denton Municipal Electric Logo: -202 and is copyrighted as the property of the City of Denton. Any other per corporation, or organization should not use the official logo of Denton Munic Electric for any purposes without the written approval of the City Manager. The official logo for Denton Municipal Electric shall be utilized on all Denton Munici Electric equipment, supplies, and materials ordered or purchased. E. Department/Program Markers: In addition to the logo, many departments have department and program markers. These markers are generated for specific promotion and marketing not purposes. All markers must go through the approval process. Markers are to be used in place of the official City of Denton logo; when appropriate, they are to be used in addition to the logo. Publication Standards and Usage Policy (505.02) 10 PAGE 8 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: TITLE: 505.02 VI. City of Denton Print Documents: The City of Denton and Denton Municipal Electric stationery are distributed elements of City communication. Stationery includes all letterhead, envelopes, business cards, and official forms. A. External Communications: External communications that publicize employment opportunities, programs, and general City of Denton or Denton Municipal Electric information must include the following: 1. Logo with or without wordmark (see sections V. B. and V. D.). 2. Statement regarding non-discrimination (sections IV.D. and IV.F.) or ADA accessibility (sections IV.F.). 3. Month and year the communication was produced. 4. Contact information including website address (www.cityofdenton.com). 5. If you are providing a phone number for additional information, Texas State Relay (Telephone Device for the Deaf) phone number, which is TDD (800) 735-2989. B. Stationery: 1. Letterhead: a. All City of Denton departments and divisions will use the standa letterhead design (see Appendix B). Denton Municipal Electric will use letterhead formats specific to its operation. b. Department or program markers can be added to the standard letterhead. Stationery must be printed as indicated in Appendix B. Letterhead may be reproduced in black for mass mailings. 2. Envelopes: a. All envelopes must include the return address in the following order: a) City of Denton departments: City of Denton Department/division name Address Publication Standards and Usage Policy (505.02) 10 PAGE 9 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: TITLE: 505.02 b) Denton Municipal Electric: Denton Municipal Electric Address b. If postage codes are used on the envelope, the number should appear on the upper right-hand corner of the envelope. c. If the envelopes are standard (#10) to match City of Denton or D Municipal Electric letterhead, then the City of Denton logo or De Municipal Electric logo must appear as indicated in this policy. Envelopes matching special event letters may be exempted. C. Business Cards: 1. include department markers as well (see Appendix C). Denton Muni Electric will use their off logo. The type font and point size may not change unless deemed necessary to maintain line consistency. If multiple addresses ar formats for double-sided printing are available. 2. Business cards must be printed on at least 80-pound cardstock. D. Memoranda Formats: Many City of Denton departments and divisions and Denton Municipal Electric generate their own internal memoranda and fax sheets on personal The memoranda and fax sheets must have the City of Denton or Denton Municipal Electric wordmark included somewhere on the page. E. Forms: All forms for the City of Denton and Denton Municipal Electric a or wordmarks respectively. Department markers may also be used on the City of Denton forms. VII. City of Denton and Denton Municipal Electric Video Presentations: All videos produced by City departments and the City cable chann clearly identified icial logos and websites respectively. Publication Standards and Usage Policy (505.02) 10 PAGE 10 OF POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: TITLE: 505.02 VIII. Specialty Uses: A. Uniform Patches: Department markers or official logos must appear on upper left f Civil Service uniforms will be designed according to department policies. B. Banners: Denton C. Promotional Items: , logo, and department and program markers can be used on promotional items with the approval of the department director. D. Specialty Advertising Items: From time to time, the City of Denton uses specialty advertising theater ads and outdoor advertising methods such as truck signs, vehicle wraps, and billboards to communicate to citizens. While space and usage can restrict what can appear on these items, they clearly need to be identifi Denton communications and include the City logo and the City website www.cityofdenton.com. IX. City of Denton Vehicles: el of the vehicle as approved by the department director. Vehicle decals w logo/marker colors on materials that are best suited for the app state and federal regulations. Public safety vehicles are exempt from this section of the policy. Publication Standards and Usage Policy (505.02) AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Economic Development ACM: Jon Fortune SUBJECT Receive a report, hold a discussion and give staff direction regarding revisions to the Downtown Incentive Reimbursement Grant Program (Downtown Task Force recommends approval 14-0. Economic Development Partnership Board recommends approval 8-0.) BACKGROUND City Council adopted the Downtown Incentive Reimbursement Grant Program on April 3, 2007, and has allocated $50,000 for each fiscal year through 2011-2012. As the program has gained popularity, some questions have arisen regarding the purpose of the grant program and how grant amounts have been determined. One factor is that the grants which have been awarded have been fairly small in relation to the total cost of the projects. A concern is that these grants do not serve as true incentives. A occurred unless the incentive was provided. Although all of the grants have been for projects involving improvements or new construction of commercial and/or residential properties downtown, the Council felt that many of these projects would have been completed even if the grant had not been awarded. The City Council asked staff to review the policy and to bring it back for Council consideration. A subcommittee of the Downtown Task Force (Marty Rivers, Alex Payne, Melissa Lenaburg, Greg Johnson and Bob Moses) met to discuss changes to the grant policy, application and scoring mechanism. They presented their suggestions to the Downtown Task Force on October 13, 2011. The Economic Development Partnership Board (EDPB) reviewed the changes at their November 1, 2011 meeting and recommends the following revisions be made to the Grant Program: 1. . This better describes the purpose of the grant, which is to assist businesses with the costs involved in renovation/redevelopment projects and developing on infill sites. 2. Implementation Plan (DTIP) area.When the Form Based Code is passed, the Central Business District zoning will become obsolete. 3.Change the maximum grant allowed from $50,000 to $25,000. Agenda Information Sheet December 6, 2011 Page 2 4.Change the allocation limits to be .In this way, if an individual owns more than one property, he/she may apply for grants for each project. By applying the limitation of $25,000 per property, the property owner and a tenant may both apply for grants; however, no more than $25,000 could be awarded in one year. 5.On page 1City of Denton Municipal Codes and Ordinances. 6.On pages 2, 10 and 11, property value or sales tax revenues; Historic accuracy; Utility upgrades/impact fees; Increases downtown population (residents, day or night users); Location; and Other. 7.On page 3 subject to approval by the Downtown Task Force. Grants more than $10,000 will be reviewed by the Economic Development Partnership Board (EDPB). Grants more than more than $10,000 will be placed on the City Council agenda for final approval. 8.On page 9and that if I am awarded a Downtown Reinvestment Grant by the City of Denton 9.Grants will be scored by Task Force members and averaged to reach an aggregate scoring number (page 11). Perhaps the most significant change being recommended is the ability of the Downtown Task Force to award grants of $10,000 or less. If Council approves the changes to the grant program as presented, the Task Force will begin reviewing applications under these new guidelines and scoring system. Grants of $10,000 or less may be awarded by the Task Force and proceed directly to the City Manager for final approval. If the policy changes are approved, the EDPB will formally appoint voting members of the Task Force each year, who will be responsible for scoring and recommending grants. Grants over $10,000 will continue to be considered using the current process, which requires a recommendation by the EDP Board to the City Council for approval. RECOMMENDATION The Downtown Task Force recommends approval 14-0. The Economic Development Partnership Board recommends approval 8-0. ESTIMATED SCHEUDLE FOR PROJECT If directed by City Council, staff will bring the revised grant policy back for adoption by ordinance. Agenda Information Sheet December 6, 2011 Page 3 PRIOR ACTION/REVIEW The Downtown Task Force Grant Sub-Committee met on August 25 and September 9, 2011. On October 13, 2011, the Downtown Task Force received a report from the sub-committee, reviewed the grant program changes and recommended approval to the Economic Development Partnership Board (14-0). On November 1, 2011, the Economic Development Partnership Board reviewed the changes to the grant application and recommends approval 8-0. FISCAL INFORMATION If the changes are approved and the Downtown Task Force has the authority to recommend amounts of $10,000 or less, the City Manager would have the authority to approve the Task Force recommendations without review from the Economic Development Partnership Board (EDPB) or City Council. Grants of more than $10,000 would continue to be reviewed by the EDPB and City Council. $50,000 has been allocated for FY 2011-2012. EXHIBITS Draft Grant Program Policy Prepared by: ________ Julie Glover, Economic Development Program Administrator Respectfully Submitted, _____________________________ Linda Ratliff, Director Economic Development DP ENTON OLICY FOR DRGP OWNTOWN EINVESTMENT RANT ROGRAM I. GENERAL PURPOSE AND OBJECTIVES The City of Denton Economic Development department promotes Denton and its unique character through the redevelopment and revitalization of Downtown, historic preservation, community involvement, and by providing educational and technical assistance to business and property owners. With Downtown as a key focus area of the Economic Development Program, the City of Denton City Council adopted the following Downtown Reinvestment Grant Program. Each fiscal year (October 1 through September 30), the City Council considers allocation of funds in the funded, if approved, until funds are depleted. II. GRANT GUIDELINES 1. Façade rehabilitation grant funds are available for exterior work on building facades that immediately overlook public streets located in the Downtown area as defined in the Downtown Implementation Plan (DTIP), see attached map, page 5. 2. Roof and foundation work on commercial buildings in the DTIP area may also be eligible for grant funds, providing costs do not exceed 50% of the grant request. 3. No grant applications will be accepted for work that has already been started or complete, or for work that is covered by insurance. 4. Grants are awarded on a reimbursement basis once completed work has been verified by City staff as compliant with the plans proposed in the approved application. Any deviation from the approved grant project may result in the total or partial withdrawal of the grant. Grants are awarded as a single payment to the applicant. 5. Standards for Rehabilitation (see page 7) and the City of Dento. 6. Grant applications and awards can be made in any of the reimbursable activities listed below and may be combined for any single property or project. However, the maximum award amount available annually per project is $25,000. 7. An applicant is defined as an eligible property within the DTIP area. A single owner of multiple properties may apply for grant funds for each property owned, but may not receive more than $25,000 per property. 8. If an applicant is awarded a reinvestment grant for façade, awning or sign work and the façade, sign or awning is altered for any reason within one (1) year from construction, the applicant may be required to reimburse the City of Denton immediately for the full amount of the grant. 9. Projects will be reviewed and ranked with the following considerations in mind: Project results in an increase in property valuation and/or generates sales tax revenue Project rehabilitation reflects historic accuracy Project improves the capacity of water, wastewater and electric utility services Water/Wastewater impact fees are assessed Project results in a significant increase in downtown population (residents and/or day or night users) Location (i.e., proximity to the square, transit station or catalyst project) Other appropriate impacts may be considered on a case-by-case basis III. PROGRAM DETAILS Reinvestment grants are available for the following types of projects: Façade Rehabilitation and Building Renovation Definition: Removing slipcovers or non-historic/added facades, repointing brick or replacing mortar joints, replacing or restoring cornices, removing paint from brick, replacing windows, restoring transom windows, painting, roof and foundation work. Grant Limits: Façade rehabilitation and building grants are limited to a 50% match of the eligible projects costs, with a cap of $25,000 per grant for façade, roof and foundation work. Roof and foundation repair may constitute no more than half of the request and shall only be considered for funding if included as a portion of a larger project. Paint-only grants are limited to a 50% match with a cap of $5,000 per grant. Awnings & Signs Definition: Replacing, adding or repairing awnings & signs. Signs may include signboards, projecting signs and pedestrian signage (includes window sign, hanging sign and awning/canopy sign). Grant Limits: Awning grants are limited to a 50% match with a cap of $5,000 per grant. Sign grants are limited to a 50% match with a cap of $500 per grant. Impact Fee Reimbursement Definition: Reimbursement for City of Denton water and wastewater impact fees Grant Limits: Impact Fee grants are limited to a 50% match with a cap of $25,000 per grant. Utility Upgrades Definition: Upgrades to water, wastewater and electrical service, includes interior upgrades as well as exterior service upgrades Grant Limits: Utility Upgrade grants are limited to a 50% match with a cap of $25,000 per grant. Downtown Reinvestment Grant Program Policy 2 GAP IV. RANT PPLICATION ROCESS 1. Contact Economic Development Program Administrator to discuss project and determine eligibility. If requested, the Program Administrator will set up an appointment with the Texas Main Street ich provides free assistance in selecting paint, color schemes and building and sign materials for building façade and signs. 2. Complete grant application form and sign the agreement form. Return the completed application form with all original itemized work estimates, color samples, drawings and example sign material of the proposed work to the Economic Development office at 215 E. McKinney no later than 5 pm the first Monday of each month. Applications should include: a. Drawings of all proposed grant work to be done. Drawings may be prepared by the Texas Main Street Architect, the project architect, or contractor. must b. Color samples of all final paint selections and/or final building or sign material selections be included with the application. must c. Itemizedwork estimates on all project work from contractors or project architects be included with the application. (Self-contracted work will be reimbursed for eligible expenses, excluding labor.) d. performed). 3. The approval process will include without limitation the following: a. All projects must meet current building standards and codes, as well as building permit requirements. b. Applicants are required to attend and present their grant reinvestment project to the Downtown Task Force (DTTF). Grants of $10,000 and less will be subject to a recommendation by the DTTF and approval by the City Manager. The DTTF meets monthly, as needed. c. Grants of more than $10,000 must be reviewed and approved by the Economic Development Partnership Board (EDPB) prior to consideration by the Denton City Council. The EDPB meets monthly and will review submitted applications and consider d. If recommended by the EDPB, grants of more than $10,000 will be placed on the City Council agenda and the Denton City Council will review the recommendations from the DTTF and EDPB. The DTTF and EDPB recommendations are advisory only, and no recommendation shall be binding on the Denton City Council. The Denton City Council has the final discretion with regard to funding and reserves the right to modify or reject any project or elements of any project. e. Applications must be complete and contain all required information. Additional information requested by the DTTF, EDPB or the Denton City Council must be provided prior to consideration of the grant. f. All construction bids submitted by an applicant must be current and must be dated no earlier than ninety (90) days prior to the application request. Bids shall be submitted on and shall itemize the bid in a manner that allows the DTTF, EDPB and Denton City Council to determine the bid components and authenticity of the bid. Downtown Reinvestment Grant Program Policy 3 g. An applicant whose application that has been denied by the Denton City Council shall not be eligible to re-submit a grant application for six (6) months from the date the prior application was declined by the Denton City Council. h. Applicants receiving approval shall commence construction described within the application within ninety (90) days from the date the grant is awarded. All applicants must complete the construction described in the application within one (1) year from the date the grant is approved. If the applicant is unable to commence construction within ninety (90) days from the date the grant is approved or complete construction within one (1) year from the date the grant is approved, the applicant may submit a written request for an extension for the commencement date or completion date provided the extension request is made prior to the ninety (90) day or one (1) year time limit. The DTTF or Denton City Council shall not be obligated to allow extensions, but may do so for good cause determined solely by the entity which authorized the grant. The extensions, if granted, shall be for the term and for the conditions determined exclusively by the entity which authorized the grant. An extension denial cannot be appealed and shall be final. i. As a condition of this grant application, the applicant consents and shall allow the Economic Development staff to request City inspections to determine that the grant, if awarded, will not be used for construction on any building that is not in compliance with the City Municipal Codes and Ordinances that are applicable to the construction contemplated in the application. j. No applicant has a proprietary right to receive grant funds. Each request will be considered on a case-by-case basis. k. The applic foundation after the construction is completed, as a condition of final grant reimbursement. l. The applicant is required to obtain all applicable City permits and City approvals required for the construction if a grant is awarded. m. An applicant should attend DTTF, EDPB and Denton City Council meetings in which consideration of the application occurs. Reimbursement: 4. When the grant project has been satisfactorily completed and reviewed, the applicant shall present the Economic Development office with copies of all paid invoices, including copies of cancelled checks and/or credit card receipts, for a single payment reimbursement of the approved funding. In addition, the applicant must complete a City of Denton Vendor Form and a Economic Development office. Downtown Reinvestment Grant Program Policy 4 DIPAM OWNTOWN MPLEMENTATION LAN REA AP Downtown Reinvestment Grant Program Policy 5 EXHIBIT A CD ITY OF ENTON DRGP OWNTOWN EINVESTMENT RANT ROGRAM A PPLICATION City of Denton Department of Economic Development 215 E. McKinney Street Denton, TX 76201 940-349-7732 www.cityofdenton.com Julie.glover@cityofdenton.com Downtown Reinvestment Grant Program Policy 6 Downtown Reinvestment Grant Program Application Please return completed with necessary attachments and signature to Economic Development office, 215 E. McKinney no later than 5 pm by the first Monday of each month. If you have any application questions, please contact the Economic Development Program Administrator at 940- 349-7732. Applicant Name Date Business Name Mailing Address Contact Phone Email Address Building Owner (if different from applicant) Historical/Current Building Name Project Site/Address Type of Work: (check all that apply) Paint Only Façade & Building Renovation Signage Awnings Utility Upgrades Impact Fees Details of Planned Improvements relating to Grant Request (attach additional information if necessary) Downtown Reinvestment Grant Program Policy 7 How will this project benefit Downtown? Project Expenditures Estimated Costs Grant Requested Façade/Building Rehab Awnings Signs Impact Fees Utility Upgrades Totals TOTAL COST OF PROPOSED PROJECT $ TOTAL GRANT REQUEST $ (May not exceed 50% of TOTAL COST up to $25,000) Attach with all required color samples of paint, awning/canopy, sign design, etc., as well as e, roof and foundation. Date Downtown Reinvestment Grant Program Policy 8 DRGAF OWNTOWN EINVESTMENT RANT GREEMENT ORM Please complete and return with Downtown Reinvestment Grant Application to Economic Development office, 215 E. McKinney no later than 5 pm by the first Monday of each month. If you have any questions, please contact the Economic Development Program Administrator at 940- 349-7732. I have met with the Economic Development Program Administrator, and I have read and fully understand the Downtown Reinvestment Grant procedures established by the Denton City Council. I intend to use this grant program for the aforementioned renovation projects to advance the efforts of revitalization and ntown. I have not received, nor will I receive insurance monies for this revitalization project. I understand that if I am awarded a Downtown Reinvestment Grant by the City of Denton, any deviation from the approved project may result in the partial or total withdrawal of the grant. (If I am awarded a reinvestment grant for façade, awning or sign work and the façade, sign or awning is altered for any one (1) year reason within from construction, I may be required to reimburse the City of Denton immediately for the full amount of the grant.) _____________________________________________ Business/Organization Name Printed Name Date (if different from applicant) Printed Name Date This section is to be completed by Economic Development staff Date considered by DTTF Recommendation Staff Signature _____________________________________________________________________________________ Date considered by City Manager Recommendation City Manager Signature Date considered by EDPB Recommendation Staff Signature Downtown Reinvestment Grant Program Policy 9 REVIEW PROCESS Total project scores can range from 0 to 30 points. Recommendations will be based on: 0 - 14 points = No funding 15-19 points = Grant recommendation up to $5,000 20-24 points = Grant recommendation up to $10,000 25-30 points = Grant recommendation up to $25,000 Grants more than $10,000 will be subject to a recommendation by the Denton Economic Development Partnership Board and approval by the Denton City Council. Grant applications will be scored based on: Economic Impact 0-5 Points Total investment dollars as provided in the grant application o Investment in structure construction or renovation (excluding purchase price) o Investment in furniture, fixtures and equipment; estimated taxable sales o Historic Accuracy 0-5 Points New construction/complements existing buildings o Restores building to historic accuracy o Renovation of building with historic marker o (Local, state or national historic marker) Upgrades to Utilities/Impact Fees -- 0-5 Points Requires upgrades in electrical service o Increases existing water/wastewater capacity o No existing utilities to structure o Extends water/wastewater lines (improves additional properties) o Impact fees may be ranked depending upon percentage of fees to eligible expenses o Increases Population -- 0-5 Points Increases consumer traffic (day or night) o Increases quality or high end residential units o Location -- 0-5 Points Near square or transit area o Potential to spur adjacent or nearby development o Catalyst project area o Other -- 0-5 Points Partners with other businesses (i.e., shared parking) o siness o Promotes development of Denton Arts and Entertainment District o Downtown Reinvestment Grant Program Policy 10 Grant Scoring System 0 1 2 3 4 5 Economic impact Historic accuracy Utility Upgrades/Impact fees Increases population Location Other Totals Downtown Reinvestment Grant Program Policy 11 AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion and give staff direction regarding a resolution adopting a policy to establish guidelines and procedures for requests for City sponsorship of special events and programs. BACKGROUND At the November 9, 2010, meeting, City Council requested that staff develop a policy to address events requesting city sponsorships. Currently, the City has no policy or guidelines addressing requests for sponsorship of special events. Historically, requests have included the use of City facilities and equipment at no charge or at a reduced rate. Requests have also been received for assistance from City staff, including Police, Fire, and the Parks and Recreation Department (PARD), for setting up or working during an event without cost to the organizer. In addition, the City has supplied barricades for street closures. It is proposed that applications for event sponsorship be submitted to the Hotel Occupancy Tax (HOT) Fund Committee for review. Applications will be submitted annually in accordance with the proposed Sponsorship Policy for Special Events (Exhibit 1). The HOT Fund Committee will review applications and make their recommendation to the City Council. Applicants may be required to present their request in person request. If this proposed process is selected, the charge of the HOT Fund Committee will have to be altered to reflect this new task. The proposed Sponsorship Policy for Special Events would allow for-profit groups to receive City Sponsorship for a maximum of three years. Non-profit events would not be limited in the number of years they could receive sponsorship. Since presenting the draft plan to Council in April 2011, staff has been made aware of a number of events that have expressed an interest in seeking sponsorship for events in 2012. Some of these events have paid for Police support in the past and they will be requesting to have those costs waived. In the case of the North Texas State Fair, this could result in an additional $90,000 in overtime costs that is not funded in the current Police Department budget. In light of this information, staff is recommending that Council approve sponsorship in 2012 for only the following events and at the same level of sponsorship they received in 2011: Agenda Information Sheet Special Events Sponsorship December 6, 2011 Page 2 th 35 Denton Cinco de Mayo Kiwanis 4 of July Airfair Dog Days Komen Race for the Cure Arts and Jazz Festival Holiday Lighting Storytelling Festival Bluesfest Juneteenth These events have been supported by the City in the past and the costs have been absorbed in the existing budget without budget increases. Overtime budgets were reduced in the 2010-2011 budget and several vacant positions remain frozen. If Council wishes to support additional events, the costs incurred to support those events should be included in the appropriate 2012-2013 budget. Staff is requesting input to determine if Council would like to proceed with or modify this proposed process. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 9, 2010, Emerson Vorel provided information to City Council in response to questions from the City Council planning retreat regarding policy for sponsored special events. January 7, 2011, Bryan Langley provided information to City Council regarding the economic impact for special events held in the city. February 8, 2011, Jon Fortune provided information to City Council regarding a policy or guidelines for addressing requests for sponsorship of special events. April 12, 2011, Emerson Vorel provided a draft Sponsorship Policy to City Council for their review and input. FISCAL INFORMATION The impact of the will be determined by EXHIBITS 1.Proposed Policy Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Exhibit 1 CITY OF DENTON SPONSORSHIP POLICY FOR SPECIAL EVENTS PURPOSE Establish guidelines to evaluate and process requests for City of Denton sponsorship of special events and programs. GENERAL POLICY The City of Denton is committed to delivering excellent se quality of life and make Denton a destination city. The City sponsorship application defines criteria for sponsorship applicants on a yearly basis to effectively allocate City services. The Hotel Occupancy Tax (HOT) Fund Committee, a subcommittee of City Council, will review the applications and make recommendations to City Council for final approval. ASSESSMENT CRITERIA 1.The event is a benefit to the Denton community. 2.The event or program enhances current City programming efforts. 3.The event provides a unique community service opportunity for either the community at large or for a targeted group. 4.The event or program is open to all Denton citizens 5.The event or program is non-political. 6.The event or program is non-sectarian (religious or faith based.) 7. 8.The event or program supports the multi-cultural/diversity mission of the City. PROCESS The Sponsorship Application will be available beginning January 1 and due February 15. Scholarships approved at this time will be allocated for the following City of Denton fiscal year. The process for applying for sponsorship is as follows: 1.Sponsorship application is submitted by February 15, to the Community Events Coordinator (CEC). Sponsorship requests not completed during the designated timeframe will be considered for first time requests only. Subsequent requests will need to be completed by February 15. 2.CEC will review the application for completeness. 3.CEC will distribute applications to affected departments to determine probable resources required and estimated costs. 4.CEC will place the request for sponsorship on the HOT Fund Committee agenda for review and consideration. 5.The request for sponsorship will be reviewed in March by the HOT Fund Committee and recommendations will be prepared for Council consideration. The recommendations will be submitted to City Council as part of the annual budget adoption process. 6.If the request is approved by the City Council, the CEC will notify the applicant and the appropriate departments, in writing, within ten days of 7.If the request is denied, CEC will notify the applicant in writing. An exception to this policy will allow the Parks and Recreation Department (PARD) director to negotiate a co-sponsorship agreement for the use of rooms in PARD buildings for events where a mutual benefit to the organizer and the City has been documented in a written agreement and usage is limited to a predetermined number of hours each month. Please note: Denton Municipal Electric (DME) sponsorships are separate from this policy. AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, 349-8232 SUBJECT – Receive a report, hold a discussion, and give staff direction regarding the status of a section of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project from the Kings Row Substation to the Denton North Interchange. BACKGROUND Denton Municipal Electric has a project underway consisting of the rebuild of two existing 69kV electric transmission lines, in the northeast quadrant of the city. The existing electric transmission lines occupy an approximately thirty-foot wide easement corridor that begins at the Spencer Substation, goes north to the Kings Row Substation, then westerly to the Denton North Interchange (on the west side North Locust Street at Hercules Street). Reconstruction is required to replace the aging facilities and to increase the electric transmission capacity to 138kV in the future to meet Denton’s steady and increasing growth needs. Also, the existing wooden poles which support the transmission lines, have ostensibly reached the end of their useful service lives. As a part of the project, these wooden poles will be replaced with steel poles, of similar class to those of recent DME system upgrade projects. The original easement footprint, was established in the early 1960’s, and conformed to the then rural nature of the affected land tracts of that period. Presently, the proliferation of urbanized development activities and encroachments, along and within the easement corridor has made it increasingly difficult for DME to operate and maintain the existing electric facilities. Current electric utility practice and the National Electrical Safety Code, which Denton has adopted in the past, indicates that an easement width of approximately seventy-five feet (75’) is the optimal minimum width for clearance in order to accommodate electric power transmission infrastructure, operations, and maintenance. During the City Council meeting on November 15, 2011, City Council approved DME’s route for the section of the transmission line that begins at the Spencer Substation, and goes north to and includes the Kings Row Substation. City Council directed DME to provide additional information concerning the various options for the section of the transmission line running from Kings Row Substation to the Denton North Interchange (on the west side North Locust Street at Hercules Street). Cost estimates were formulated by DME staff who evaluated various routes. The factors employed to evaluate the alternate routes were: • Impact on homeowners 1 • Cost of easements • Transmission line construction cost • Distribution line construction cost PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 10, 2011 – Public Utility Board approved recommending the preferred route. October 18, 2011 & November 15, 2011 – Held public hearings with City Council to receive citizen input on the transmission line rebuild project. EXHIBITS 1. Map of routes 2. Worksheet of Transmission Line Construction Cost Estimates Respectfully prepared and submitted by, Phil Williams General Manager Denton Municipal Electric 2 AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 1420 Committee and the IH35E construction project. BACKGROUND nd Senate Bill 1420 was passed as part of the 82 Texas Legislature to authorize the Texas Department of Transportation (TxDOT) to enter into a Comprehensive Development Agreement (CDA) for all or part of the IH35E Managed Lane Project in Dallas and Denton counties from I-635 to US 380. CDA authority is intended to provide TxDOT the opportunity to enter into an agreement with a private entity that provides for the design, development, financing, construction, maintenance, repair, operation, extension or expansion of the IH35E transportation project. The proposed IH35E Project will replace the existing outdated and deteriorating infrastructure with a new robust facility adding capacity and enhancing mobility in the North Central Texas Region. Over the past several months, TxDOT has been working with an IH35E Working Group, and beginning on November 10, 2011, the SB 1420 Committee to identify development options for the IH35E project. Pursuant to the enabling legislation and TxDOT policy, the SB 1420 Committee is charged with analyzing finance options and delivery methods for the IH35E Project to include the possible use of a design-build contract, concession agreement (similar to SH 121) or availability payment contract. The Texas Transportation Commission has requested that the SB 1420 Committee issue a report by the end of Calendar Year 2011 containing the Committs concerning the distribution of the pr method of financing or the project delivery method and provide for a tolling structure and methodology. At the time this document was prepared, staff was still waiting for documentation that was revised during a November 30, 2011, Committee meeting which outlined general principles the SB 1420 Committee will apply with respect to the development of the IH35E Project. Staff is preparing a presentation that will include this information and will be jointly presented by staff and John Polster, ITS, during the December 6, 2011, City Council Work Session. There is also an action item on the City Council Consent Agenda that relates to the proposed appointment of a City of Denton representative to the SB 1420 Committee. Respectfully Submitted: Mark Nelson Transportation Director AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Municipal Court ACM: Jon Fortune SUBJECT Consider approval of a resolution adopting Ethical and Training Standards for Juvenile Case Managers employed by the City of Denton, Texas; providing for implementation of said standards; providing for periodic review to ensure implementation of the requisite standards, and providing an effective date. BACKGROUND nd The 82 Texas Legislature enacted S.B. 61 in 2011. This legislation requires a governing body to adopt reasonable rules for juvenile case managers including a code of ethics, educational pre- service and in-service training standards, and training in relevant substantive areas. unicipal Court employs one juvenile case manager and is subject to this new legislation. This position plays a unique role in the judicial process for a specialized group of defendants. The juvenile case manager is responsible for assisting with the juvenile case docket and working closely with our teen court. The court had 801 juvenile cases in 2010 for failure-to-attend school and for traffic and penal code violation cases. To meet the requirements of the legislation, staff is recommending the attached resolution for your consideration. The resolution provides for the following: 1) Adoption of a code of ethics including goals, standards of conduct, and enforcement 2) Educational training standards 3) Allocation of funds and reserves RECOMMENDATION Staff recommends approval of the attached resolution which adopts ethical and training standards for juvenile case managers employed by the City of Denton. The Municipal Judge has approved the resolution and confirmed it is in compliance with the statute. Agenda Information Sheet December 6, 2011 Page 2 FISCAL INFORMATION A five dollar ($5.00) juvenile case manager fee is assessed on each conviction of fine-only misdemeanor offenses to fund the juvenile case management program. This fee is expected to generate approximately $132,600 for the 2011-12 fiscal year. Prepared By: Michelle McCallum Budget and Municipal Court Manager Respectfully submitted: Bryan Langley Chief Financial Officer AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND On September 1, 2011, the Denton Central Appraisal District (DCAD) requested nominations to their Board of Directors from taxing jurisdictions in the district. The current DCAD Board Members include Charles Stafford (Denton), Rick Woolfolk (Denton), Lee Baker (Flower Mound), Michael Roe (Frisco), and John Mahalik (Carrollton). DCAD advises that Mr. Baker and Mr. Roe do not want to be reappointed. The number of votes a taxing unit has is determined by their proportional share of the total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district. One thousand votes are the maximum number needed to elect a local representative/nominee to the Board of Directors. This year, the City has 193 votes and DISD has 643 votes. On October 4, 2011, the City Council of the City of Denton, Texas, nominated Rick Woolfolk and Charles Stafford to serve on the DCAD Board of Directors. These two individuals were also nominated by the City of Lewisville. Denton Independent School District (DISD) also nominated Charles Stafford. On October 28, 2011, DCAD sent a memo (attached) to the City listing the candidates nominated by the taxing jurisdictions and nominee information. Votes must be reported to DCAD before December 15, 2011. In prior years, the City has spread their votes between nominees. As such, the proposed resolution allocates 96 votes to Rick Woolfolk and 97 votes to Charles Stafford. The Council however, can cast their votes for any candidate of their choosing. SCHEDULE Applies only to every other year: Prior to Oct. 1 - DCAD notifies taxing entities of the number of votes they are entitled to cast for appropriating board members. Agenda Information Sheet December 6, 2011 Page 2 Prior to Oct. 15 - Nominations for DCAD Board of Directors are submitted to DCAD by each jurisdiction (via resolution). Prior to Oct. 30 - DCAD compiles comprehensive list of nominees and forwards list to each taxing unit in ballot forms. th Prior to Dec. 15 - Taxing units choose by written resolution a candidate(s). Name(s) of candidate(s) are submitted to DCAD along with the number of votes for each candidate. st Prior to Dec. 31 - DCAD tabulates votes and forwards results to taxing units. The five (5) candidates with the most votes become the Board of Directors as of January 1. Eligibility Guidelines: The selection process is set forth in Section 6.03 of the Property Tax Code. This process is unique to the property tax system. An appraisal district director must reside in the appraisal district for at least two (2) years immediately preceding the date he or she takes office. Most residents are eligible to serve as a director. Most residents are eligible to serve as a director. An individual that is serving on the governing body of a city, county, or school district is eligible to serve as an appraisal An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, if the employee is an elected official, he or she is eligible to serve. Experience: In considering individuals to serve as directors, taxing units should look for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate or taxation. Historical involvement in local government activities also indicates that someone would make an excellent Board member. Frequency of meetings: The applicable statutes require the board of directors to meet not less often than once each calendar quarter. The DCAD Board meets more often than is required by law. Agenda Information Sheet December 6, 2011 Page 3 FISCAL INFORMATION There is no fiscal impact to the City of Denton. EXHIBITS DCAD Memo Resolution Respectfully submitted: Bryan Langley Chief Financial Officer AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Human Resources ACM: Jon Fortune SUBJECT Consider and confirm the appointment by the City Manager of a new member to the Civil Service Commission. BACKGROUND Civil Service Commissioner, Peggy Fox, resigned her term on the Civil Service Commission unexpired term, which ends August 2012. Chapter 143.006(b) of the Texas Local Government Code executive (City Manager) shall appoint a member to serve a three-year term and the appointment shall be confirmed by the governing body. This section further states that if a vacancy occurs, the chief executive shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. Per Chapter 143.006(c), a person appointed to the commission must: (1)be of good moral character; (2)be a United States citizen; (3)be a resident of the municipality who has resided in the municipality for more than three years; (4)be over 25 years of age; and (5)not have held a public office within the preceding three years. RECOMMENDATION The City Manager has elected to appoint Paul Abbott, retired Police Captain, to the Civil Service Commission. FISCAL INFORMATION This item has no fiscal impact. Agenda Information Sheet December 6, 2011 Page 2 EXHIBITS Chapter 143.006 Bio Respectfully submitted: ______________________________ Carla J. Romine-Haggmark Director of Human Resources Sec. 143.006. IMPLEMENTATION: COMMISSION. (a) On adoption of this chapter, the Fire Fighters' and Police Officers' Civil Service Commission is established in the municipality. The chief executive of the municipality shall appoint the members of the commission within 60 days after the date this chapter is adopted. Within 30 days after the date the municipality's first full fiscal year begins after the date of the adoption election, the governing body of the municipality shall implement this chapter. (b) The commission consists of three members appointed by the municipality's chief executive and confirmed by the governing body of the municipality. Members serve staggered three-year terms with the term of one member expiring each year. If a vacancy occurs or if an appointee fails to qualify within 10 days after the date of appointment, the chief executive shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. (c) A person appointed to the commission must: (1) be of good moral character; (2) be a United States citizen; (3) be a resident of the municipality who has resided in the municipality for more than three years; (4) be over 25 years of age; and (5) not have held a public office within the preceding three years. (c-1) Notwithstanding Subsection (c)(5), the municipality's chief executive may reappoint a commission member to consecutive terms. A commission member may not be reappointed to more than a third consecutive term unless the member's reappointment to a fourth or subsequent consecutive term is confirmed by a two-thirds majority of all the members of the municipality's governing body. (c-2) Subsection (c)(5) does not prohibit the municipality's chief executive from appointing a former commission member to the commission if the only public office held by the former member within the preceding three years is membership on: (1) the commission; or (2) the commission and the municipality's civil service board for employees other than police officers and firefighters through a joint appointment to the commission and board. (c-3) Subsections (c-1) and (c-2) do not apply to a municipality with a population of 1.5 million or more. (d) In making initial appointments, the chief executive shall designate one member to serve a one-year term, one member to serve a two-year term, and one member to serve a three-year term. If a municipality has a civil service commission immediately before this chapter takes effect in that municipality, that civil service commission shall continue as the commission established by this section and shall administer the civil service system as prescribed by this chapter. As the terms of the members of the previously existing commission expire, the chief executive shall appoint members as prescribed by this section. If necessary to create staggered terms as prescribed by this section, the chief executive shall appoint the initial members, required to be appointed under this chapter, to serve terms of less than three years. Paul Abbott Paul Abbott is a resident of Denton and retired from the Denton Police Department (DPD) in January 2010, having served the DPD for over 37 years. During that time he served as Commander for each of the three bureaus, supervising patrol operations, investigations, training, & management of the department's budget. He organized and commanded the department's Tactical (SWAT) unit and supervised over 60 high-risk tactical operations, with no loss of life. Mr. Abbot served as an Area Commander during the department's implementation of Community Oriented Policing, and has instructed Community Policing practices in police academies across the U.S., the former Soviet Republic of Georgia, and San Nicolas de los Garza, N.L. Mexico. He recently served as the interim Police Chief for the Denton Police Department from March 7, 2011, until October 25, 2011. Before joining the Denton Police Department in 1972, Paul served in the U.S. Army. Initially trained as a Military Policeman, he served with the 25th Infantry Division in South Vietnam. Following this tour of duty he was assigned to Military Intelligence, working in West Germany for two years. He holds the Texas Commission on Law Enforcement Officer Standards & Education Master Police Officer License & Police Instructor License, and is a graduate of the FBI National Academy in Quantico, Va. He also served as an adjunct faculty member for North Central Texas College for 13 years. AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in North Lakes Park, excluding North Lakes Recreation Center and the North Lakes Annex building therein; providing a severability clause, a penalty clause and an effective date. Parks, Recreation and Beautification Board recommend approval with a vote of 7-0. BACKGROUND The Parks and Recreation Department (PARD) would like to allow the sale of alcoholic beverages in North Lakes Park. The North Lakes Recreation Center and the North Lakes Annex building at Windsor and Riney Road would be excluded from this amendment. The sale of alcoholic beverages in North Lakes Park would use the same process currently used for Quakertown Park as follows: Must be in conjunction with an approved event, activity or rental of space approved by the City in advance. Review by the Parks, Recreation and Beautification Board. Approval of City Council. The park would not be opened for the public to consume alcohol; only a TABC licensed vendor will be able to sell alcoholic beverages during approved events. The proposed change would be used by staff to help attract adult athletic tournaments. If PARD hosted a tournament, an RFP would be sent to local vendors and the alcohol sales would be contracted liability. During the last three years, staff has been making improvements to the athletic fields at North Lakes Park to make them more attractive to tournament organizers: All six softball fields have been converted to clay infields, regraded, irrigated, and sodded. New backstops, dugouts, and a concrete plaza were added to fields 5 and 6. A playground is being installed at fields 1-4 for children to use while their parents are participating in a sports activity. The restroom facility at fields 5 and 6 is scheduled to be replaced this year and will New bleachers will be installed at the softball fields as part of the 2011-2012 budget. Agenda Information Sheet Alcoholic Beverages in North Lakes Park December 6, 2011 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the May 2, 2011 meeting, the Parks, Recreation and Beautification Board voted 7-0 in favor of recommending approval of the request to allow alcoholic beverages in North Lakes Park (park only, not North Lakes Recreation Center or the North Lakes Annex building) as outlined in the ordinance. At the May 17, 2011 City Council meeting, staff was given approval to proceed. Also, at the May 17, 2011 Work Session, Councilmember Watts asked about the approval process for alcohol rentals and what approvals would come to Council. Attached is a copy of the memo dated October 2, 2009, that memorialized the approval process for alcohol rentals at Quakertown Park all and the Civic Center. An addendum to that memo is also included that will require alcohol rentals at North Lakes Park be approved by the Parks, Recreation and Beautification Board and City Council. FISCAL INFORMATION Hosting large athletic tournaments is one of the ways that PARD can help contribute to the local economy. The National Association of Sports Commissions has determined that, on average, a participant spends $146.89 per day at an event. Using this number, a one day rugby tournament with 50 teams would have an impact over $280,000. EXHIBITS 1.10-2-09 Memo to Mayor and City Council Regarding Changes to Alcohol Ordinance 2.Parks, Recreation and Beautification Board Meeting Minutes of May 2, 2011 3.11/21/11 Addendum to 10/2/09 Memo to Mayor and City Council Regarding Changes to Alcohol Ordinance 4.Proposed Revised Ordinance Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department CITY OF DENTON, TEXAS PARKS & RECREATION DEPARTMENT (940)349-PARK- -¤¬®± £´¬ Date: October 2, 2009 To: Honorable Mayor City Council Members From: Emerson Vorel, Director Parks and Recreation Department Changes to Alcoholic Beverages Ordinance Subject: This memorandum is to inform you of proposed changes to the current Alcoholic Beverages ordinance. The new ordinance has been placed on the Consent Agenda for the October 6, 2009 City Council meeting. The ordinance is being amended to correct the name of the park, which was changed from Civic Center Park to Quakertown Park on February 6, 2007 and to remove alcohol rentals from the Senior Center building. Patrons and staff have requested that alcohol rentals no longer be allowed in that building due to the damage being done to the parquet flooring from spillage of alcoholic beverages and to issues with cleanup after alcohol rentals. The last change being requested clarifies the approval process for private events involving alcohol in Quakertown Park buildings. When the proposed revisions were presented to Legal for their approval, a Sec. 22-32. Possession and Consumption of Alcoholic question was raised regarding Section 2. titled Beverages. , item (b), which states: The prohibition contained in Section 22-32(a) shall not apply to the possession or consumption of an alcoholic beverage in the Civic Center Park, Civic Center Building and Senior Center during an means ALL alcohol rentals require the approval of the City Council. For the past twenty plus years, it has been the interpretation of the ordinance that the Director of the department with oversight of the building would have the authority to approve the event. To maintain this practice, Legal recommended the following language: The approval contemplated Should Council wish to reject the proposed amendment to the approval process, every alcohol rental in the Civic Center will have to be approved by the Parks Recreation and Beautification Board and then be presented to Council for approval. Although this can be accomplished, in many cases it would be an impediment to building rentals. Memo to Mayor and City Council Changes to Alcoholic Beverages Ordinance October 2, 2009 Page 2 The proposed change in the approval process will only apply to private rentals inside the Civic Center, such as wedding receptions or Quinceañeras. If the event is held inside the Civic Center, or in Quakertown Park, is open to the public, and serves, sells and/or permits alcohol, the event will be presented to the Parks, Recreation and Beautification Board and to City Council for approval, as is done now. If you have any questions about the proposed change please call or email. Thank you for your consideration of this ordinance. Approved 6/6/11 Parks, Recreation and Beautification Board Minutes May 2, 2011 Denton Civic Center Members present : Carol Brantley, Vicki Byrd, Alex Lieban, Derrick Murray, Janet Shelton, Dave Rowley, Jennifer Wages Members absent: None Staff present: Emerson Vorel, Bob Tickner, Jim Mays, Mary Aukerman, Jeff Gilbert, Denton Senior Center Manager REGULAR MEETING 1.CALL TO ORDER – Murray, Park Board Chairperson, called the meeting to order at 6:03 p.m. APPROVAL OF MINUTES OF May 2, 2011 MEETING: 2. Shelton made a motion to approve the minutes as written, Rowley seconded and the motion carried with a vote of 7-0. 3.AWARDS AND RECOGNITIONS: A.Murray introduced Caroline Tobias, a student at North Central Texas College, who would be observing the meeting for extra credit in one of her classes. B.Jeff Gilbert, manager of the Denton Senior Center, was given an award by LULAC at their annual event on April 14. The event is for the election of officers and to award over $13,000 in scholarships. Approximately 180 were in attendance. Gilbert explained that he has a goal to increase diversity at the Senior Center and has been working with LULAC in that endeavor. He has already seen some success for his efforts. 4.ACTION ITEMS: A.To assist staff with their efforts Allowing Alcoholic Beverages on North Lakes Park Grounds – to draw athletic tournaments to this complex, the ordinance allowing alcoholic beverages in City parks needs to be amended. The purpose of this action item is to amend the ordinance so that would be allowed to purchase alcoholic adults participating in or observing athletic events beverages in North Lakes Park, particularly at the athletic complex. The Parks and Recreation Department will not act as a vendor for the sale of alcoholic beverages; an outside vendor will be provided by the tournament coordinator or, if the City is the host of the event, a Request for Proposal (RFP) will determine who the approved vendor will be. Several good questions were raised as to enforcement, but each event will be required to complete the necessary paperwork and to provide police, in accordance with the current standards established for alcoholic beverages in Quakertown Park. Questions regarding the economic impact were addressed. It is estimated that for each person staying overnight, $75 will be added to the Denton economy, for those not staying overnight, $25 per person will be added to the Denton economy. Each event request will be reviewed by Park Board and City Council, according to the established guidelines. MOTION: Rowley made the motion to recommend approving the request to allow alcoholic beverages in North Lakes Park (park only, not North Lakes Recreation Center or the North Lakes Annex building) and it carried with a vote of 7-0. 5.DISCUSSION ITEMS: None. 6.OTHER BUSINESS: A.Parks Department Projects Status Report Tickner updated the Board on various projects on the list, including Denton Branch Rail Trail Bridge Project – This project is in design and will require us to hire a flagman during construction. Bids are planned for mid summer. Neighborhood Park Design – Wheeler Ridge Park- The project has been slowed by recent rains, but should be completed by mid-summer. SPC Ernest W. Dallas Jr. Memorial Park and Owsley Park – Redden Concrete, Blue Ridge TX was the successful bidder for these projects and the contract will be taken to Council on 4/19/11. Construction is planned to begin in June on the SPC Ernest W. Dallas Jr. Memorial Park. Owsley Park will not begin until summer camps conclude in August Community Development Block Grant Projects for Parks – MLK Recreation Center – Quotes are due May 10, 2011 for upgrading the ADA accessible parking area to comply with current regulations. Quakertown Park - The 8’ wide perimeter trail along Withers and Oakland Streets is in design. A sidewalk is being built in front of the Senior Center and will be completed after the new sewer line is installed. North Lakes Park Softball Complex Playground – The playground has been installed and will completed when the weather permits the installation of the concrete and chips around the structure. Public Art Committee Meeting Minutes Draft – B.The meeting was canceled due to lack of agenda items. 7.FUTURE AGENDA ITEMS: None. With no further items on the agenda, Murray asked for a motion to adjourn the meeting. Brantley made the motion to adjourn, Lieban seconded and the meeting was adjourned at 6:54 p.m. CITY OF DENTON, TEXAS PARKS & RECREATION DEPARTMENT (940)349-PARK- -¤¬®± £´¬ Date: November 21, 2011 To: Honorable Mayor City Council Members From: Emerson Vorel, Director Parks and Recreation Department Addendum to 10/2/09 Memo to Mayor and City Council Regarding Changes to Subject: Alcohol Ordinance On October 2, 2009, a memorandum was sent to inform you of proposed changes to the current Alcoholic Beverages ordinance. The new ordinance has been placed on the Consent Agenda for the December 6, 2011 City Council meeting. In addition to what was previously outlined, the following paragraph will become part of the guidelines permitting alcohol in North Lakes Park: All rentals involving alcohol at North Lakes Park will require approval by the Parks, Recreation and Beautification Board and City Council. If you have any questions about the proposed change please call or email. Thank you for your consideration of this ordinance. AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Eva Poole at 349-8750 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of 3M Radio Frequency Identification System (RFID) to be utilized in the check-in and return of items to the City of Denton libraries. The requested materials are from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code and City of Denton Purchasing Policy Chapter 2, Section III. Such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4870-Radio Frequency Identification System for City of Denton Libraries awarded to 3M Library Systems in the amount of $243,723). FILE INFORMATION Radio Frequency Identification (RFID) technology is the fastest, easiest, most efficient way to track, locate and manage library materials. Generally speaking, RFID is the automatic identification and tracking of items t to readers through wireless data communication. The RFID their identity, location, activity or history through readers and integrated system software that can process and utilize this information. Components of the RFID system include: 1) the tag itself, consisting of a label, an antenna and the identification chip, 2) a station that converts current bar codes to RFID tags, 3) a reader that reads the information on the RFID tag to enable shelf-reading, searching, exception finding (locating holds, branch locations, etc.), re-shelving and inventory, and collection, 4) a workstation that processes both barcodes and RFID tags and checkout and return and, 5) the detection system that prevents the unauthorized removal of items from the library. Converting the Library system to RFID technology will provide real-time automatic check-in of all items 24 hours a day-seven days a week, streamline workflow processes within the Library, and reduce the number of times materials are handled by staff, which reduces the threat of repetitive stress injuries. Another key benefit of RFID technology for libraries is that it makes the staff more efficient. Not only does it reduce the time needed to process materials, but it also reduces the time spent assisting customers to check materials out. The Library will then be able to redeploy staff members to other duties. Last, but not least, RFID technology will allow the Library to much more quickly do an inventory, as well as save time pulling holds and save money by locating misplaced items. Agenda Information Sheet December 6, 2011 Page 2 FILE INFORMATION (CONTINUED) As the purchase of RFID technology is costly, the Denton Public Library has integrated 3M RFID System equipment into existing Library processes through phases. Phase I included purchasing new 3M Self-Check machines as each branch library was built or renovated. Phase II included placing 3M media locks so that customers can check out and unlock their own DVDs. This final Phase III project builds on the existing 3M RFID System investment of over $150,000 and allows the Library to upgrade its existing systems to reuse all of the materials and equipment we have already purchased. 3M also holds the current maintenance agreements for all of the Library FID equipment. For these reasons, procuring the RFID System from 3M is the best value for the City of Denton. The Library system could not identify any vendors within the city limits that supply the 3M RFID technology. 3M is the developer and sole manufacturer of the RFID systems in the United States and has patents and patents pending on certain parts of this system technology. Section 252.022 of the Local Government Code provides that procurement of commodities and services that are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City Council approved the funding for this equipment as part of the Fiscal Year 2011-2012 Budget. RECOMMENDATION Staff recommends the approval of the purchase in the amount of $243,723 from 3M Library Systems. PRINCIPAL PLACE OF BUSINESS 3M Library Systems St. Paul, MN ESTIMATED SCHEDULE OF PROJECT Installation of the equipment is estimated to be completed within five months of purchase order issuance. Agenda Information Sheet December 6, 2011 Page 3 FISCAL INFORMATION This equipment will be funded from operating account 830042451.1365.30200 in the amount of $72,868 and 830042454.1365.30200 in the amount of $170,855. Requisition #105922 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Price Quote from 3M Library Systems Exhibit 2: Sole Source Letter Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4870 Exhibit 1 Exhibit 2 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF 3M RADIO FREQUENCY IDENTIFICATION SYSTEM (RFID) TO BE UTILIZED IN THE CHECK-IN AND RETURN OF ITEMS TO THE CITY OF DENTON LIBRARIES. THE REQUESTED MATERIALS ARE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE AND CITY OF DENTON PURCHASING POLICY CHAPTER 2, SECTION III. SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4870-RADIO FREQUENCY IDENTIFICATION SYSTEM FOR CITY OF DENTON LIBRARIES AWARDED TO 3M LIBRARY SYSTEMS IN THE AMOUNT OF $243,723). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4870 3M Library Systems $243,723 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. 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 4870 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 the _________ day of ____________, 2011. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-File 4870 AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Scott Fletcher at 349-7939 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a contract with Animal Hospital on Teasley Lane to perform veterinary services for the City of Denton Animal Services Division; providing for the expenditure of funds therefor; and providing an effective date (RFP 4726-Animal Services for the City of Denton awarded to Animal Hospital on Teasley Lane in the estimated annual amount of $150,000). RFP INFORMATION In September 2011, the City released a Request for Proposal (RFP) seeking proposals from qualified veterinarians to provide sterilization and vaccination services for animals adopted out of the City of Denton Animal Shelter. During the current three year contract period, the City of Denton Animal Shelter has adopted approximately 4,200 animals to the public. The one stop adoption process has proven to be very successful. The current Animal Services contract expires December 31, 2011, with no renewal options; therefore, a new RFP was solicited. Request for Proposals were sent to 22 vendors. The City received proposals from three local veterinary groups Animal Hospital on Teasley Lane, Ponder Veterinary Hospital, and Texas Coalition for Animal Protection. RFP 4726 established the following grading criteria to be used in evaluating the vendor proposals: 15% - Indicators of Probable Performance including past vendor performance, financial resources, experience/demonstrated capability, references, and provide reliable support 20% - Timeframe for delivery of service 25% - Compliance with Specifications, Quality, and Reliability 40% - Price (Cost of Services to be Delivered) A selection committee was established to review the proposals and make a recommendation to Council. The members of the committee were from the Legal Department, Human Resources Department, and Animal Services Department. Agenda Information Sheet December 6, 2011 Page 2 RFP INFORMATION (CONTINUED) The selection committee evaluated and ranked the proposals based on the evaluation criteria as shown on Exhibit 1. Animal Hospital on Teasley Lane was ranked the highest and determined to be the best value for the City of Denton. Additionally, Animal Hospital on Teasley Lane is located within the city limits so this award will have a positive economic impact to the local community, including tax revenue. PRIOR ACTION On February 22, 2005, Council directed staff to pursue a one-stop adoption program. In August 2005, the City released a RFP seeking bids from qualified veterinarians to provide sterilization and vaccination services for animals adopted out of the City of Denton Animal Shelter. On November 15, 2005, Council awarded a contract for a three-year period to Southridge Animal Hospital, Denton, Texas. On December 9, 2008, the Council awarded a new three-year agreement to Ponder Veterinary Hospital, Ponder, Texas, which expires December 31, 2011. RECOMMENDATION Award a contract for sterilization and vaccination services to Animal Hospital on Teasley Lane. PRINCIPAL PLACE OF BUSINESS Animal Hospital on Teasley Lane Denton, TX ESTIMATED SCHEDULE OF PROJECT This is a one-year contract with the option to renew for two (2) additional one-year periods with all terms and conditions remaining the same. FISCAL INFORMATION This adoption program and contract with Animal Services on Teasley Lane will not have a direct fiscal impact on the City. The cost of the services performed will be passed on to the adopters at the time they select an animal for adoption. EXHIBITS Exhibit 1: Evaluation and Ranking of Proposals Agenda Information Sheet December 6, 2011 Page 3 Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4726 ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ANIMAL HOSPITAL ON TEASLEY LANE TO PERFORM VETERINARY SERVICES FOR THE CITY OF DENTON ANIMAL SERVICES DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4726-ANIMAL SERVICES FOR THE CITY OF DENTON AWARDED TO ANIMAL HOSPITAL ON TEASLEY LANE IN THE ESTIMATED ANNUAL AMOUNT OF $150,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of veterinary 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 4726 Animal Hospital on Teasley Lane 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 the RFP 4726 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 4726 Exhibit A RFP # 4726 Tuesday, October 04, 2011 Animal Services for the City of Denton EST. Best andFinal ITEM UOMType of Product/Service Requested QTY.Offer Animal Hospital on Teasley Lane Principal Place of Business Denton, TX Type of Service Requested Unit Price Full Dog Package as Specified in Scope of Services Section $115.00 11EA A Number of Days to Complete Service 1a1$45.00 EA Female Dog Sterilization Under 50 lbs. Number of Days to Complete Service 1b1$45.00 EA Female Dog Sterilization 50-80 lbs. Number of Days to Complete Service $45.00 1c1EA Female Dog Sterilization Over 80 lbs. Number of Days to Complete Service 1d1$45.00 EA Pregnant Number of Days to Complete Service 1e1$45.00 EA Male Dog Sterilization Under 50 lbs. Number of Days to Complete Service 1f1$45.00 EA Male Dog Sterilization Over 50 lbs. Number of Days to Complete Service 21$25.00 EA Dog-Full Shot Package only Number of Days to Complete Service 31$5.00 EA Vaccination- Dog Rabies Only Number of Days to Complete Service Full Cat Package as Specified in Scope of Services Section 41EA$105.00 A Number of Days to Complete Service 4a1$45.00 EA Female Cat Sterilization Number of Days to Complete Service 4b1$45.00 EA Pregnant Number of Days to Complete Service 4c1$45.00 EA Male Cat Sterilization Number of Days to Complete Service 51$5.00 EA Cat-Rabies Vaccination Only Number of Days to Complete Service 61$25.00 EA Cat-Full Shot Package only Number of Days to Complete Service 7 Additional Services 7c1EA$50.00 Procedure for demodex and cercoptic mange treatment Number of Days to Complete Service 7d1$50.00 EA Treatment and medication for kennel cough Number of Days to Complete Service 7e1$40.00 EA Antibiotics for infection Number of Days to Complete Service 7f1$40.00 EA Packing Ears for Ear Infection Number of Days to Complete Service 7g1$10.00 EA Ear Mite Medication and Treatment Number of Days to Complete Service AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis at 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Volvo L180G Wheel Loader for the City of Denton Beneficial Reuse Department as awarded by the State of Texas (Contract TXMAS-7- 23V010); providing for the expenditure of funds therefor; and providing an effective date (File 4854-Wheel Loader for Beneficial Reuse Department awarded to ROMCO Equipment Co. in the amount of $300,222.38). The Public Utilities Board recommends approval (7-0). FILE INFORMATION This replacement purchase for Beneficial Reuse was approved during the Fiscal Year 2011-2012 budget process and will replace an aging wheel loader currently in use. The current wheel loader is a Volvo L180E model that was purchased in June 2003 and has been used extensively. The maintenance and repair costs for this unit during Fiscal Year 2010-11 were $25,373.92. The unit meets titeria for replacement of equipment. The new piece of equipment is an all wheel drive articulated rubber tire loader compatible for multiple accessories to include buckets ranging from 6.3 cubic yards to 13 cubic yards with a gross vehicle operating weight of approximately 57,000 pounds. Volvo is the preferred manufacturer since the Beneficial Reuse Division currently has the Volvo attachments for the loader. The the Tier IV engine compliance as specified by the Environmental Protection Agency (EPA) standards. The ROMCO quote of $300,222.38 was the low price meeting specifications for this equipment. The lower price offered by Holt CAT did not meet specification because it was for a much smaller horsepower engine than requested. Exhibit 2 shows a comparison of the quotes that were received. The Fleet Services division could not identify any local vendors that provide the required equipment and accessories. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City Council approved the replacement of this equipment as part of the Fiscal Year 2011-2012 Budget. On November 14, 2011 the Public Utilities Board recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet December 6, 2011 Page 2 RECOMMENDATION Staff recommends the approval of the purchase in the amount of $300,222.38 to ROMCO Equipment. PRINCIPAL PLACE OF BUSINESS ROMCO Equipment Houston, TX ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of the equipment will occur within 180 days of purchase order issuance. FISCAL INFORMATION This equipment will be funded from Certificate of Obligation Bond account 645208544.1355.30100. Requisition #105995 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Price Quote from ROMCO Exhibit 2: Price Comparison for Vehicles Exhibit 3: Public Utilities Board Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4854 Exhibit 1 Exhibit 3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 November 14, 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, November 14, 2011 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, John Baines, Phil 11 Gallivan, Barbara Russell and Leonard Herring 12 13 Ex Officio Members: Howard Martin, ACM Utilities 14 15 Absent excused: George Campbell, City Manager 16 OPEN MEETING: 17 18 ITEMS FOR INDIVIDUAL CONSIDERATION: 19 20 21 2)Consider a recommendation of an ordinance for adoption of the City of Denton authorizing 22 the City Manager or his designee to execute a contract through the TXMAS Purchasing 23 Network for the acquisition of one Wheel Loader for City of Denton Beneficial Reuse 24 Department; and providing an effective date (File 4854-Wheel Loader for Beneficial Reuse 25 Department awarded to ROMCO Trucks in the amount of $300,222.38). 26 27 Cheek pulled item #2 to talk about the heavy equipment. Cheek asked what would happen with 28 the old equipment that the new equipment would be replacing. Jim Coulter, Director Water 29 Utilities, stated that it would be sold. Cheek then asked about the buy board and if there were 30 others that the City was waiting for and clarification of the Buy Board. Coulter answered that if 31 there is a piece of equipment that staff is looking for and it is on there and has made it through 32 the competitive process of the Buy Board, then that is what staff selects. The way the equipment 33 is used out at the composting area, the other e 34 used all day long. 35 Board Member Baines moved to approve item 2 with a second from Board Member 36 Russell. The motion was approved by a 7-0 vote. 37 38 39 Adjournment at 10:59am ORDINANCE NO. _____________ AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF A VOLVO L180G WHEEL LOADER FOR THE CITY OF DENTON BENEFICIAL REUSE DEPARTMENT AS AWARDED BY THE STATE OF TEXAS (CONTRACT TXMAS-7-23V010); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4854-WHEEL LOADER FOR BENEFICIAL REUSE DEPARTMENT AWARDED TO ROMCO EQUIPMENT CO. IN THE AMOUNT OF $300,222.38). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Building and Procurement programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the 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 purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 4854 ROMCO Equipment Co. $300,222.38 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, 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 File 4854 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 ___________day of ______________, 2011. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:___________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-File 4854 AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, formally accepting the donation of an Airport Rescue and Fire Fighting vehicle; and providing an effective date. (Council Airport Committee recommends approval 3-0). BACKGROUND Denton Airport is currently operating an Airport Rescue and Fire Fighting vehicle (ARFF Truck) under a short term lease (6 months) with Jet Works Air Center and which expires December 13, 2011. The ARFF Truck is operated by the Denton Fire Department and it is available to serve all tenants and users of the Denton Airport. Exhibit 1 is a picture of the ARFF Truck that Jet Works Air Center (JWAC) acquired on a lease/purchase agreement in order to qualify for a sub-contract with L3 Corporation (L3) to perform heavy maintenance on Army aircraft such as Citation jets and King Air twin engine aircraft. The JWAC sub-contract negotiated with L3 required JWAC to provide an ARFF Truck on site as the Army aircraft arrive and depart. The availability of an ARFF Truck was discussed with the Denton Fire Department, which resulted in JWAC locating a refurbished ARFF Truck. The Denton Fire Department (DFD) has included in their annual training program sending twelve (12) firemen to a D/FW Airport aircraft fire suppression school over the past year (see Exhibit 2). The DFD, also, provides daily service inspections for the JWAC-owned ARFF Truck and operates the truck if an emergency occurs at Denton Airport. As a result of discussion with the DFD, Airport staff, the Legal Department, Fleet Services, Facilities Maintenance and Senior City staff, JWAC decided to make the commitment to a lease/purchase of the truck with the understanding that a permanent disposition of the ARFF Truck would be negotiated during the initial lease period. The ARFF Truck has been lettered with the Denton Airport name and it is available to serve the needs of any Airport user for emergency response, operated by the DFD. The short term lease under which the ARFF Truck is being operated includes modest lease participation from Denton Airport in the total amount of $6,600 for a six-month period. JWAC has now offered to donate the ARFF Truck to the City at the end of the short-term lease. This will help to qualify the Airport for Part 139 airport service. Agenda Information Sheet December 6, 2011 Page 2 of 3 JWAC will donate the ARFF Truck valued at $80,000 to the City of Denton upon expiration of the short term lease on December 13, 2011. Exhibit 3 is a letter of commitment from JWAC for this donation. A small donation toward this purchase has been committed by US Aviation Group and Business Air Management, the two Fixed Base Operators (FBOs) at Denton Airport. DFD will provide operation of the ARFF Truck by fire fighters trained in aircraft fire suppression. DFD will provide daily service inspection for the ARFF Truck and operate the ARFF Truck in response to any Airport or other emergency for which they normally provide response. Denton Airport will provide a temporary location to house the ARFF Truck in a service bay with easy access to the Airport runway and service area. If the donation of the ARFF Truck is accepted by the City, ongoing maintenance will be provided by Fleet Management in the same manner as other DFD vehicles. DISCUSSION The 2010 Denton Airport Business Plan states that as the Airport continues to grow and attract business aviation, certain amenities will be expected by corporate users, including an Airport Rescue and Fire Fighting service. Although this is a key component of the requirements to become a Part 139 certified service provider, and, achieving this status would allow significant additional opportunity to attract charter services and aviation industry, this amenity was not anticipated until development occurs on the west side of the Airport. The current commitment from JWAC to acquire an ARFF Truck and to donate it to the City for general use creates an economic advantage for the Airport to enhance service to current users and to attract new aviation industry prospects. The ARFF Truck was delivered to JWAC at Denton Airport on Wednesday, June 8, 2011. Continuation of this service after the initial six (6) month lease period committed by JWAC is dependent upon the City accepting the donation of the ARFF Truck. PRIOR ACTION The City Council approved the initial short term lease of the ARFF Truck at the October 4, 2011, City Council meeting. The Council Airport Committee recommended acceptance of the ARFF Truck as a donation to the City at the November 22, 2011 meeting with a specific commitment for the City to provide service to Jet Works Air Center under a schedule of rates to be determined by the Denton Fire Department. Agenda Information Sheet December 6, 2011 Page 3 of 3 EXHIBITS 1.Photograph of the ARFF Truck 2.Photograph of ARFF training for DFD personnel 3.Letter of commitment from Jet Works Air Center to donate the ARFF Truck to the City 4.Resolution Respectfully submitted, Quentin Hix Airport Manager 9IL.L DFD ARFF Training 9IL.L EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizin authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for preparation of a Master Plan for Airport Development at the Denton Municipal Airport; confirming agreement to pay a portion of the total project cost; (Estimated City of Denton contribution is approximately $37,500) and providing an effective date. (Council Airport Committee recommends approval 3-0). BACKGROUND Denton Airport staff submitted a grant request in September 2011 to the Texas Department of Transportation Aviation Division (TxDOT Aviation) for funding an update of the 2003 Airport Master Plan for Development. On Friday, November 11, 2011, TxDOT Aviation notified the Airport that a 90/10 cost sharing grant is offered with a total project cost of $375,000. The ten percent (10%) local matching funds are included in the approved 2011/2012 Airport Budget. The scope of work will include local input toward developing a recommended Master Plan for future Airport infrastructure and an updated Airport Layout Plan depicting current and future development. TxDOT Aviation has requested formal acceptance of the grant offer to be communicated to them by December 23, 2011. Exhibit 1 is a copy of the grant notification received from TxDOT Aviation. Exhibit 2 is a City of Denton Resolution accepting the grant offer and authorizing the City Manager, or his designee, to execute all contracts and agreements with the TxDOT for this project. The grant proposal will be presented to the Texas Transportation Commission for public hearing on January 19, 2012, and for final approval on February 23, 2012. Consultant solicitation is scheduled for March 2012, with final selection by May 2012. The 2012 Airport Master Plan for Development is anticipated to be presented to the Denton City Council for review and adoption after a nine to twelve month planning process. Agenda Information Sheet December 6, 2011 Page 2 of 2 DISCUSSION Consideration of grant offers is a joint advisory responsibility of the Council Airport Committee (CAC) and the Airport Advisory Board (AAB). Although the AAB has been advised of the pending grant offer for an update of the 2003 Master Plan, this resolution to consider accepting the grant offer was presented to the CAC due to the critical timing for presenting the acceptance resolution to the City Council. The holiday meeting schedule of the City Council allows only the December 6, 2011, meeting to consider the acceptance resolution on the schedule requested by TxDOT Aviation. The AAB will be informed of this grant offer and it will be included on their agenda for discussion at the December 14, 2011 meeting. If the grant offer is accepted by the Denton City Council, an Airport Project Participation Agreement (APPA) will be presented for specific local approval of a detailed scope of work in March 2012. The APPA can be presented to both the AAB and CAC for consideration and recommendation to the City Council. PRIOR ACTION The Council Airport Committee recommended approval of this grant at their meeting on November 22, 2011. EXHIBITS 1.Notice from TxDOT Aviation regarding Master Plan grant offer 2.Ordinance accepting the grant offer for an Airport Master Plan Respectfully submitted, Quentin Hix Airport Manager EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving and authorizing the concession to Fair 2000, Inc. to sell alcoholic beverages at designated locations during the 2012 Denton Air Fair, Inc. Air show events, upon certain conditions; and providing an effective date. (Council Airport Committee recommends approval 3-0). BACKGROUND Each year the sale of alcoholic beverages at the Denton Air Show requires specific approval from the City Council. The ordinance for Councilauthorize alcoholic beverage sales on Airport property during the June 16, 2012 Air Show. The Air Fair Committee has recommended Fair 2000, Inc. (Fair 2000) to be the exclusive vendor for alcoholic beverages at the 2012 Air Show. This represents a new alliance between the North Texas Fair and Rodeo Association and Denton Air Fair, Inc. In addition to the alcohol vendor experience which Fair 2000 provides, there are other areas of mutually beneficial cooperation which this association provides. Denton Air Fair Inc. meets throughout each year to plan the annual Denton Air Show, as does the North Texas Fair and Rodeo Association to plan their annual event. Each organization will benefit from opportunities to share resources, promotional activities and event planning experience to enhance their respective community service events. Fair 2000 is the business entity associated with the not-for-profit North Texas Fair and Rodeo Association to conduct alcohol and other vendor sales. FISCAL INFORMATION All expenses and revenue from conduct of the annual air show at Denton Airport are the responsibility of the Denton Air Fair Committee, a 501(c) 3 non-profit corporation. The alcoholic beverage vendor is one of many food and non-alcoholic beverage vendors at the 2012 Air Fair. PRIOR ACTION The Council Airport Committee recommended approval of this ordinance at their meeting on November 22, 2011. Agenda Information Sheet December 6, 2011 Page 2 Respectfully submitted: _____________________________ Quentin Hix Airport Manager AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to approve a collateral Transfer of Lease Agreement between the City of Denton and Nebrig Properties, LP to PointBank; and providing an effective date. (Council Airport Committee recommends approval 3-0). BACKGROUND The City of Denton has received a request from PointBank to execute a Collateral Transfer of Lease Agreement in order to secure a lien on property owned by Nebrig Properties, L.P. at Denton Airport. This document has been reviewed by the City A real estate consultant and approved as to form by the Legal Department. The Collateral Transfer o lease, as amended, to Nebrig Properties, L.P. PRIOR ACTION The Council Airport Committee recommended approval of this ordinance at their meeting on November 22, 2011. Respectfully submitted, Quentin Hix Airport Manager AGENDA INFORMATION SHEET AGENDA DATE : December 6, 2011 DEPARTMENT : Transportation Operations ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; (Estimated City of Denton contribution is $50,000) and declaring an effective date (TXDOT Project No.: AM 2012DNTON AND TXDOT CSJ No.: M218DNTON). (Airport Advisory Board recommends approval 7-0) BACKGROUND Since 1996, the City of Denton has entered into grant agreements with the Texas Department of Transportation Aviation Division (TxDOT Aviation), known as the Routine Airport Maintenance Program (RAMP). The RAMP grant provides for a fifty percent (50%) state-funding match to the local government sponsor. The 2012 grant is capped at $50,000 of available state assistance. Airport Management has identified a number of projects that could be completed with this grant for 2012. The following is a summary of actual RAMP Grant expenditures, including the local match, for the prior three fiscal years: Projects 2008/09 2009/2010 2010/2011 Drainage Improvements (12) $51,300 (9) $19,512.90 (3) $ -0- Asphalt Paving/Repair (5) $ -0- $37,934.48 (2) $61,449.00 (3) Concrete Paving/Repair (2) $ -0- $9,307.36 (1) $6,312.64 (1) Navigation Aids Improvements (7) $21,215 (3) $10,768.00 (2) $16,261.25 (2) Gate Control Repair (10) $2,050 (3) $2,425.00 (5) $2,503.58 (2) Security & Fence Repair (2) $3,551 (1) $10,100.00 (1) $ -0- Other Maintenance/Supplies (19) $21,882 (12) $5,058.43 (6) $405.93 (1) Chemicals (4) $ -0- $4,565.92 (3) $1,700.00 (1) ___________ ___________ ____________ TOTAL $99,998 (28) $99,672.09 (23) $88,632.40 (10) ESTIMATED SCHEDULE OF PROJECT TxDOT Aviation is requesting two signed copies of the agreement to be returned expeditiously. The State must approve its share of funding prior to the start of any project and TxDOT Aviation has requested that all projects be completed by August 31, 2012. Agenda Information December 6, 2011 Page 2 of 2 FISCAL INFORMATION , which is approved in the 2012 Airport Budget. PRIOR ACTION The Airport Advisory Board recommended approval of this ordinance at their meeting on November 9, 2011. Prepared by: Andrea Sumner Airport Operations Coordinator Respectfully submitted: _____________________________ Quentin Hix Airport Manager TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT Project No.: AM 2012DNTON TxDOT CSJ No.: M218DNTON Part I - Identification of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code, Chapter 21. airport maintenance The project is for at the Denton Municipal Airport. Part II - Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State.Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $50,000.00, which ever is less, per fiscal year and subject to availability of state appropriations. Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. Page 1 of 12 09/01/2011 Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2012, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II-1. 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50% of allowable charges. Page 2 of 12 09/01/2011 The State will not participate in funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III - Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and c. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non-aeronautical use of airport facilities without prior approval of the State; and g. the Sponsor shall submit to the State annual statements of airport revenues and expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and Page 3 of 12 09/01/2011 i. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and j. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. l. mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of any mowing services. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting claim or liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Page 4 of 12 09/01/2011 If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5.By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the Sponsor. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs of the building no state funds shall be used for that purpose. 6.Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7.The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. PART IV - Nomination of the Agent 1. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; c. if State enters into a contract as Agent: exercise supervision and direction of the Page 5 of 12 09/01/2011 project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; e. obtain an audit as may be required by state regulations; he State Auditor may t conduct an audit or investigation of any entity receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. f. reimburse sponsor for approved contract maintenance costs no more than once a month. PART V - Recitals 1. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant, provided however, these Page 6 of 12 09/01/2011 remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 7 of 12 09/01/2011 Part VI - Acceptances Sponsor The City of Denton, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this day of, 20___. City of Denton, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certificate of Attorney I, , acting as attorney for the City of Denton, Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance of the Grant, and find that the manner of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws of the State of Texas. Dated at, Texas, this day of, 20___. Witness Signature Attorney's Signature Witness Title Page 8 of 12 09/01/2011 Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Page 9 of 12 09/01/2011 Attachment A Scope of Services TxDOT CSJ No.:M218DNTON Eligible Scope Items:Estimated CostsState ShareSponsor Share Amount AAmount BAmount C PAVEMENTS $0.00$0.00$0.00 GENERAL MAINTENANCE $100,000.00$50,000.00$50,000.00 PAVEMENT MARKINGS $0.00$0.00$0.00 GRADING/DRAINAGE $0.00$0.00$0.00 MISCELLANEOUS $0.00$0.00$0.00 Total $100,000.00$50,000.00$50,000.00 Accepted by: City of Denton, Texas Signature Title: Date: Notes: (explanations of any specifications or variances as needed for above scope items) GENERAL MAINTENANCE: As needed, Sponsor may contract for services/purchase materials for routine maintenance/improvement of airport pavements, signage, drainage, approach aids, lighting systems, fencing, herbicide/application, environmental compliance, sponsor owned and operated fuel systems, hangars, buildings, terminal buildings and security systems. Other projects to be determined and added by amendment. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Page 10 of 12 09/01/2011 CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: M218DNTON The City of Denton does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. City of Denton, Texas (Sponsor) By: Title: Date: State of Texas Single Audit Requirements I, ___________________________, do certify that the City of Denton will comply with all (Designated Representative) requirements of the State of Texas Single Audit Act if the City of Denton spends or receives more than $500,000 in any funding sources during this fiscal year. And in following those requirements, the City of Denton will submit the report to the audit division of the Texas Department of Transportation. If your entity did not meet the threshold of $500,000.00 in grant expenditures, please submit a letter indicating that your entity is not required to have a State Single Audit performed for the most recent audited fiscal year. ____________________________________ Signature ____________________________________ Title ____________________________________ Date Page 11 of 12 09/01/2011 DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M218DNTON The City of Denton designates, (Name, Title) as the Sponsor’s authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor. City of Denton, Texas (Sponsor) By: Title: Date: DESIGNATED REPRESENTATIVE Mailing Address: Overnight Mailing Address: Telephone/Fax Number: Email address: _______ Page 12 of 12 09/01/2011 CITY OF DENTON CITY COUNCIL MINUTES November 1, 2011 After determining that a quorum was present, the City Council convened into a Work Session on Tuesday, November 1, 2011 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Council Member Roden and Mayor Burroughs. ABSENT: Council Member King and Mayor Pro Tem Kamp. 1. Citizen Comments on Consent Agenda Items There were no citizen comments received for this meeting. 2. Requests for clarification of agenda items listed on the agenda for November 1, 2011. City Manager Campbell stated that Council Consent Agenda Item T might have to be moved from the Consent Agenda to Individual Consideration as an additional name had been received for Council consideration. Jon Fortune, Assistant City Manager, stated that there were eight members eligible for reappointment listed in the resolution. One individual contacted the City regarding a willingness to serve. Mayor Burroughs stated that he knew the individual and felt she would be a good person to serve. He suggested adding the name to the resolution with the others. Council Member Roden asked about Consent Agenda Items N and O. He stated that both items dealt with a Hotel Occupancy Tax funding agreement with Elm Ridge Church and Welcome Center. He questioned the difference in use of funds. Tony Puente, Assistant Director of Finance, stated that one agreement dealt with the use of funds for advertising in conjunction with the Historical Commission and the other agreement dealt with the restoration and repair of the building. Council Member Roden asked if any economic impact studies had been done relating to justification of funding particular projects. Puente stated that the HOT Committee had a number of discussions regarding those terms when reviewing requests for funding. Council Member Watts stated that he had asked in the past for that type of study. The study would indicate what events were filling hotel rooms. He felt the hotels were not organized enough to do that except on an individual basis. He indicated that the HOT Committee could look into doing such a study. 3. Receive a report, hold a discussion and give staff direction regarding Single- Family:Multi-Family development ratio within the city of Denton. City of Denton City Council Minutes November 1, 2011 Page2 Mark Cunningham, Director of Planning and Development, stated that when the Denton Development Plan was written in 1999, it was anticipated the accommodation of 27,000 single- family homes and 18,000 multi-family units by the year 2020. That would bring the ratio of single-family:multi-family housing from 51%:49 to 59%:41%. The trend toward that goal continued until 2008 when it peaked. Since 2008 the ratio for single-family was declining while the percentage ratio for multi-family was increasing. According to the August 2011 edition of the City’s Statistical Trends and News of Denton Report, the City’s SF:MF ratio currently stood at 58%:42%. This latest reported ratio reflected a 1% variance from the Denton Plan’s 2020 projections. As the City prepared to rewrite the Denton Plan, a determination needed to 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. Mayor Burroughs asked if the trend for past several years was because single-family was being built and if the indicators showed that the trend was changing. He felt that in time it might correct itself. Cunningham stated that a small amount of single-family dwellings were being developed and built but that much more multi-family building was being done. Financial institutions were more apt to provide financing for multi-family than for single-family. There were many single family lots approved but those were not being developed. Council Member Watts felt that he would like a higher dialog regarding an apartment policy than what was presented. He stated that the definition of a unit was different in various zoning classifications. He was also interested in a higher dialog regarding the philosophy of apartment building in the City. Cunningham stated that the same calculations were being used as when the original percentages were developed. Units were defined differently in various zoning categories in terms of parking and number of bedrooms in the unit. The definition of single-family in the Denton Plan was single-family detached and duplexes. Multi-family was triplex and above. Council Member Watts stated that given the paradigm shift in multi-family in Denton with leasing by the bedroom, he wanted to make sure the definitions were still consistent with the Denton Plan definition and which one was being used for density for zoning regulations. Because renting by the bedroom was being done, he felt there was a real shift in the definition of a unit. Mayor Burroughs stated that was a major topic during the initial discussions of the Denton Plan. It would again be an appropriate discussion and involved in plan review. Council Member Gregory questioned that as the percentages of single-family moved to 60% was the City, through policy, doing something to make that happen. He questioned if the zoning was such that 60% of the land was designated for single-family and 40% was designated for multi- family. Cunningham stated that the Denton Plan indicated percentage goals for zoning for single-family versus multi-family but that the development trend was the method for the development process. City of Denton City Council Minutes November 1, 2011 Page3 Council Member Gregory asked if it would be legal to not allow multi-family in order to meet those goals. City Attorney Burgess stated it might involve the Fair Housing Act. Her staff could prepare a report if requested by Council. Council Member Gregory indicated that he would like to see such a report. He asked for the rational for choosing 60% single-family and 40% multi-family. Mayor Burroughs stated that during the original discussion on the development plan, there had been a lot of discussion on what citizens liked in Denton and what they did not like. The discussion showed a shift from large density projects. However, in order to have a viable Downtown there had to be Downtown density. The ratio of 60-40 was the closest to a consensus that was achieved. Council Member Engelbrecht asked about classifications of townhomes. Cunningham stated that in the calculation, townhomes were considered multi-family but in the Denton Plan, they were considered single-family. Council Member Engelbrecht suggested that when discussing single-family units versus multi- family units that townhomes be considered single-family. Cunningham stated that there were not a lot of townhomes in Denton. If a development went beyond six units, it was no longer a townhome. Council Member Engelbrecht stated that units rented by the bedroom did not meet any of the requirements. They did not fall under single-family or multi-family. He suggested looking at a separate category to get a good count on those and where they were located. If a house were rented by the bedroom it could be converted back to a house. He did not know what to do with those apartments which were rented by the bedroom if the market changed with those no longer an option that was desired. Council Member Roden stated that apart from a rezoning of the City, there were no other regulatory policies in place to attempt to get to the ratio. He suggested putting tools in place to make a ratio seem like a good goal. Cunningham stated that zoning would be the only tool to do that. Mayor Burroughs stated that other tools were considered over the years which were qualitative such as setbacks, number of trees, etc. that priced some potential multi-family out of existence because those features were not affordable. That had an impact on single-family as well. The higher quality level of amenities and the more service require tended to keep the numbers down. Council Member Roden suggested that a future item might be a way to look at the vacancy rate of current apartments and the effect on current apartment stock. Look at a way to understand or track over time how homeowner and owner occupied status was changing as more apartments were developed. City of Denton City Council Minutes November 1, 2011 Page4 Following the completion of the Work Session, the Council convened into a Closed Session at 5:15 p.m. to discuss the following items: 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 City's attorneys regarding legal issues associated with the potential acquisition of the tract referenced above, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. B. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the leasing of land and financing of a city facility on University of North Texas Property located at I-35 and North Texas Boulevard. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives. The Council convened in a Regular Session at 6:30 p.m. in the City Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation by the Heroes of Denton County Board of Directors to City of Denton City Council Minutes November 1, 2011 Page5 retiring member Ross Chadwick. The Heroes of Denton County Board of Directors presented an award to retiring member Ross Chadwick. 2. National Nurse Practitioner Week proclamation Mayor Burroughs presented a proclamation for National Nurse Practitioner Week. 3. America Recycles Day proclamation Mayor Burroughs presented a proclamation for American Recycles Day. 4. Presentation of Regional, State and National awards for Denton's Drug Disposal Day Program. Shirlene Sitton, Recycling Manager, presented the awards for the Drug Disposal Day Program. They included the Outstanding Special Event Award, State and National awards in the Public/Private partnership category. 3. CONSENT AGENDA Council Member Roden motioned, Council Member Engelbrecht seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the substitute resolution for Item T. On roll call vote, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye” and Mayor Burroughs “aye”. Motion carried unanimously. Ordinance No. 2011-203 A. 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 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-204 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 recommends approval (3-0). Ordinance No. 2011-205 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 tax revenue; and providing an effective date. ($650,080 - The Hotel Occupancy Tax Committee recommends approval (3-0). City of Denton City Council Minutes November 1, 2011 Page6 Ordinance No. 2011-206 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). Ordinance No. 2011-207 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 date. ($14,590 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-208 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). Ordinance No. 2011-209 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). Ordinance No. 2011-210 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; and providing an effective date. ($7,640 - The Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-211 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). Ordinance No. 2011-212 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). Ordinance No. 2011-213 City of Denton City Council Minutes November 1, 2011 Page7 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). Ordinance No. 2011-214 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). Ordinance No. 2011-215 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). Ordinance No. 2011-216 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). Ordinance No. 2011-217 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 Hotel Occupancy Tax Committee recommends approval (3-0). Ordinance No. 2011-218 P. 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). Ordinance No. 2011-219 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 4847-2011-12 Electrical Energy Transmission Fees in the total amount of $1,234,986.27). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes November 1, 2011 Page8 Ordinance No. 2011-220 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 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). Ordinance No. 2011-221 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 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). Resolution No. R2011-040 T. Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Ordinance No. 2011-222 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, 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, 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. Ordinance No. 2011-223 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 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. Ordinance No. 2011-224 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 the City, contemplating the City of Denton City Council Minutes November 1, 2011 Page9 (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 the agreement, and affecting lands 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) 4. PUBLIC HEARINGS Ordinance No. 2011-225 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). Mark Cunningham, Director of Planning and Development, presented the details of the proposal. He stated that the request was for an amendment to the existing ordinance overlay district. The proposed amendments were to create standards for design, architecture, landscaping and signage. The proposal included a 46,000 square foot 2-story office building and would amend Ordinance 2010-158 pertaining to the Town Center. He presented comparisons of Ordinance 2009-169 for the Marketplace, Ordinance 2010-158 pertaining to the Town Center and the proposed medical office. The applicant would carry forward the 20% minimum average tree canopy as was noted in Ordinance 2010-158. No responses were received from the public notifications. The Planning and Zoning Commission and the Development Review Committee recommend approval. Mayor Burroughs stated that there were currently no trees on the site. Cunningham replied correct. Mayor Burroughs asked if the medical office would have any impact on the 380 Agreement with Rayzor Ranch for the commercial percentages, and if it went into tax exempt ownership, would there be an impact on the 380 Agreement. Cunningham stated that the 380 Agreement did not have allocations for specific uses and he was not familiar if a tax exempt status would impact the agreement. City of Denton City Council Minutes November 1, 2011 Page10 City Manager Campbell stated that specific uses were not allocated and a tax exempt status would not change the 380 agreement. Council Member Watts asked about the tree canopy percentages. Cunningham stated that the percentage would depend on how the site was done. Council Member Watts asked if the architectural standards were the same. Cunningham replied correct. Council Member Engelbrecht stated that one attachment to the ordinance involved standards and building design and materials. Number 5 on that list dealt with vertical and horizontal facade articulation to give expression to the building or other distinctive changes. He questioned who would make that decision Erica Marohnic, Planner, stated that it would be reviewed at the building permit stage. If the design were not consistent with the ordinance staff would work with the applicant to redo it. Council Member Watts stated that the 2010 ordinance had the standards as a place holder with no specific regulations at that time. They were there for later definition or development. The current proposal was now trying to define those things. The applicant would abide by close proximity to the specific standards in the 2010 ordinance for the Town Center and this proposal would eliminate that place holder for this development. Cunningham stated correct for this specific portion of the development. Council Member Watts asked if there were other areas where the regulations were still undefined. Cunningham stated that there were other areas with no specific design standards. The Mayor opened the public hearing. No one spoke during the public hearing. Council Member Engelbrecht stated that Appendix 4 showed picture examples of architect imagery with benches, canopies and places to gather but he hadn’t seen those yet. Gary DeVleer, Razor Ranch representative, stated that gathering places were more for retail and restaurants but not so much for the medical areas. The Mayor closed the public hearing. Council Member Watts stated that as presented and in the ordinance, the development would contain the same or substantially similar architectural guidelines as the Town Center and the City of Denton City Council Minutes November 1, 2011 Page11 landscape requirements as presented on the chart with the one amendment for 20% overall to tree canopy. Cunningham replied correct. Council Member Watts motioned, Council Member Roden seconded to adopt the ordinance with the amendment for the minimum area tree canopy to 20%, the other stipulations as presented by staff and the comments made by the applicant. On roll call vote, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye” and Mayor Burroughs “aye”. Motion carried unanimously. 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. Mr. Clifton was not present at the meeting. 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. Council Member Watts stated that he attended the event sponsored by the Denton Neighborhood Program for homeowner associations and found it very informative. Council Member Gregory requested a joint meeting before May with the Planning and Zoning Commission for the purpose of a general discussion on issues. City of Denton City Council Minutes November 1, 2011 Page12 Mayor Burroughs suggested that one of the primary topics be the rewrite of the Denton Plan. Council Member Gregory stated that another issue would be the ratios of single-family to multi- family housing. Council Member Watts stated that he would like to have a new member appointed to the Property Maintenance Committee as he would like to retire from that Committee. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Session. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on the Closed Session items. With no further business, the meeting was adjourned at 7:28 p.m. ____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA CITY OF DENTON CITY COUNCIL November 7, 2011 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Monday, November 7, 2011 at 11:30 a.m. in the City Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member King, Council Member Gregory, Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem Kamp, and Mayor Burroughs ABSENT: None 1.Call to order; announce quorum, introductions. Mayor Burroughs announced that a quorum of the Council was present and called the City Council portion of the meeting to order. 2. Receive a report and hold a discussion regarding the City of Denton’s Bike Path Study. Noreen Housewright, Engineer, presented information on the members and makeup of the pedestrian/bicycle focus group. Kevin St. Jacques, Freese and Nichols, presented an update on the pedestrian and bicycle linkage components of the Denton Mobility Plan. His topics included the benefits of walking/bicycling; pedestrian/bicycle development approach; bicycling/walking destinations; pedestrian/bicycle plan update timeline; pedestrian/bicycle network; immediate & short range projects; Safe Routes to School Program; implementation of the plan and Denton ISD bike/pedestrian education programs. He felt that the plan should be ready for Council approval sometime in February 2012. Mayor Burroughs mentioned that the Council had approved $100,000 for funding this year and there was the potential of additional funding from the County. Council and the Trustees discussed the Safe Routes to School program in terms of funding issues. The DISD had statistics on the number of students who walked/rode to school, the ranking of schools and bike theft. 3. Receive a report and hold a discussion regarding the City of Denton’s Mayhill Road Expansion Project. Frank Payne, City Engineer, presented an update on the Mayhill Road Expansion project. He indicated that the schedule for the project would be dependent on how the project would be configured and reviewed information on sidewalk placement. 4. Receive a report and hold a discussion regarding changes to the State/Federal Accountability Systems. Dr. Mike Mattingly, Assistant Superintendent-DISD, presented an accountability overview in terms of the State/Federal guidelines. He indicated that the Growth Model could no longer be used. City of Denton City Council Minutes November 7, 2011 Page 2 Council and the Trustees discussed the impression that the schools were teaching for the Act and how a new system would work. They also discussed the effects of the testing programs in the schools. 5. 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. This item was not considered. 6. Adjourn. With no further business, the meeting was adjourned at 1:15 p.m. ___________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 15, 2011 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 15, 2011 at 3:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden and Mayor Burroughs ABSENT: None 1. Citizen Comments on Consent Agenda Items There were no citizen comments presented on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for November 15, 2011. Howard Martin, Acting City Manager, stated that there were substitute agreements for Consent Agenda Items 4H and 4I. Denton County made a few minor changes as indicated so Council would need to substitute the agreements for ones in the backup. Mayor Burroughs asked about Item 4D, the mobile data computers. The ordinance did not have a breakdown of what the other bids were and only indicated the best value bid. Kevin Gunn, Director of Technology Services, indicated that there were three bids received. The bid the Council was being requested to approve was the lowest bid. 3.Receive a report, hold a discussion, and give staff direction regarding a proposed ordinance requiring the use of reflectors on bicycles operated on roadways and paths set aside for the exclusive operation of bicycles in the city. Roger White, Captain-Denton Police Department, presented background information from the Texas Transportation Code on the use of reflectors and lights on bicycles. He provided a price range for side reflectors and side wall reflective tires. The proposed ordinance mirrored the State Transportation Code except for an additional requirement of side reflectors on each wheel or reflective tires. He stated that there were other options to consider that would be just as effective as side reflectors. He introduced Lt. Tom Woods who presented those options. Lt. Woods demonstrated various options for bicycle riders. Those included a headlight on the bike which emitted a flashing or solid light up to 300 feet which would be more effective than spoke reflectors. Another option was a light emitting device which emitted a light instead of reflecting light. A rear reflector and or a light emitting tail light were required by the Transportation Code. The least expensive option was a leg strap which reflected light. There was 3M tape material which was available by the foot which was reflective. Studies showed motorists responded more to a light rather than shape or form. Staff was suggesting that rather than the proposed wording, the ordinance be revised to allow for all of the options shown which might be more effective. The problem with reflectors was that they did not last long and when riding off road, did not stay in place. Mayor Burroughs asked if there would be a problem with enforcement if there was too much flexibility in the ordinance. City of Denton City Council Minutes November 15, 2011 Page2 Stephanie Berry, Prosecutor, stated that there would be no problem with alternative options in the ordinance and if a cyclist had any of those options, he would be in compliance. The biggest concern was that the riders were safe. White indicated that the most important features were the headlights in the front and the reflector in the rear. Council Member King stated that as the provisions were already in State law, what benefit was it for the City to pass provisions. Berry felt that there would be education for the cyclist and create a higher level of safety. The City could follow the State law if desired and not include the extra provisions. Council Member Roden asked about the range of prices for the options. Woods stated that they would range from a few dollars for the leg reflectors to approximately $35 for the headlights and rear lights. Woods stated that the pedestrian/bike plan created an environment where cycling would be safer in the City. This was a chance to upgrade that in the City and provide education for motorists. Council Member King indicated a concern about such an ordinance being truly effective as the only applicability would be a ticket. White stated that if an individual received a ticket but purchased a side reflector or other device, he would not have to pay the ticket. Council Member Gregory stated that if motorists had to have a higher level of duty to keep a safe distance from a bicyclist, then a bicyclist had to have a duty to alert a motorist he was there. The original ordinance was suggested with side reflectors as those came with the bike. He felt the more visibility there was the safer it was for the cyclist. He was in favor of reworking the ordinance to include the additional options. Council Member Roden suggested having the Bike Advisory Committee consider the proposal and report back to Council before consideration. Woods stated that he felt he could speak for everyone on the Committee that they would agree with the options. Council Member Engelbrecht asked why there was no requirement for a light on the back of the bicycle. White stated that State law required the headlight and a rear reflector or light. The Council could make a rear light requirement but it would be more expensive for the cyclists. City of Denton City Council Minutes November 15, 2011 Page3 Consensus of the Council was to revise the ordinance to include the options and forward the proposal to the focus group for consideration. It then would be returned to Council for consideration. 4.Receive a report, hold a discussion and give staff direction regarding the Phase II amendments of the City's Gas Well Ordinance; and receive a report on activities germane to the City's Gas Well Inspections. Mark Cunningham, Director of Planning and Development, stated he would be providing information on Phase I amendments, potential Phase II amendments and a gas well inspections update with an administrative fee collection update. Phase I amendments included (1) revised existing gas well fees based on cost-of-service and added several new fees, (2) increased minimum separation requirements, (3) reduced expiration timeframe of gas well permits from 12 months to 6 months, (4) required screening, (5) established noise mitigation measures, (6) reduced expiration timeframe of gas well plats from 2 years to 1 year, (7) established an 8 foot storage tank height limitation, (8) restricted fracing and flaring activities to day light hours only except for emergencies, (9) required gas well development plats in the ETJ Division I, (10) required gas well development site plans within the city limits, and (11) required a specific use permit for all compressor stations. Ordinance 2010- 196 approved August 14, 2010 added (12) language to the definition of drilling and production area, (13) added language to allow gas well drilling and production by right for property within the City that was unzoned but were subject to the Rural Residential 5 use regulations, (14) amended language to provide applicability of gas well ordinance within a Planned Development and Master Planned Community district, (15) provided delineation between the issuance of permits by the City and the Texas Rail Road Commission, (16) added language to address issues of legal non-conformity, (17) revised language to add clarity regarding separation standards, and (18) revised language to clarify when screening was required. The following items were identified as potential Phase II issues during the Phase I process: (1) vapor recovery/air quality monitoring, (2) environmentally friendly completion, (3) freshwater well pollution, (4) prohibition of city water for fracing, (5) the use of recycled water only during fracing, (6) development of a permitting process for seismic testing and addressing the use of explosives in this testing, (7) chemical-free fracing, (8) prohibition against gas well flaring and (9) the use of closed loop systems only. In April 2011, the Gas Well Inspections Division was created. The Division consists of 4 full- time staff, implements the gas well drilling and production ordinance, and was in the process of mapping all wells within the city and Division I ETJ. The Gas Well Inspections Division served as a one-stop shop for the permitting, regulating, inspecting, and investigating of gas drilling and production facilities. It was a point of contact to the public and served as technical experts for city board and commissions, the Council, other staff and citizens. Cunningham continued with information on the Gas Well Task Force and the members of staff th and citizen representation. A public meeting was held on August 25 with comment cards given to citizens in order to receive their input. He also presented information on the Denton Stakeholders Drilling Advisory Group (DAG). That group had held a series of meetings to address gas drilling and production concerns that should be considered during the Phase II City of Denton City Council Minutes November 15, 2011 Page4 rewrite. City staff met with Dr. Briggle, a member of DAG, to share and discuss information and core principles that should be considered during the Phase II draft. DAG developed a set of guiding principles that included setting priorities, making principled decisions, using precaution, internalizing costs, mandating best practices and taking timely action. The next citizen meeting was scheduled for first week of December. He reviewed the information on the Phase II Action Plan and indicated that staff would like to have the ordinance ready for Council consideration by spring of next year. Mayor Burroughs felt that the process was doing what it was intended to do. He suggested that when the draft was being prepared suggestions for alternate possible provisions to accomplish the same end be included. Show what would be suggested and alternatives that might be included with comments as to why the main provisions were suggested. Those could be sent to DAG for comments and be posted on the web for feedback. Another suggestion was to send them out to stakeholders who were not directly participating in the process such as drilling companies. Council would have the finalized proposal but still see alternates with comments. Council Member Roden asked if there would be any provision for looking at various issues from Phase I. Cunningham stated yes that staff wanted time to implement Phase I to see what worked and what did not in the ordinance. They were in the process of developing those items for consideration. Council Member Roden asked if the task force had regularly scheduled meetings or if they met when needed. Cunningham stated that they met when needed. Council Member Roden asked if the meetings were open to public with minutes. th Cunningham stated that minutes were not done except for the August 25 meeting. Those minutes were posted on website. The task force meetings were internal meeting with minutes not done. Council Member Roden stated that as the process moved forward towards a specific ordinance, he would like to see the meetings open to the public for observation by the citizens. Council Member Gregory asked if any unpermitted wells had been found during the inventory of the wells. Cunningham stated yes. Council Member Gregory stated that he would like to have more information on pipeline routes and any influence the City might have over those. He felt that this was a balancing act to do the process well but also to do it as quickly as possible. Council Member Roden suggested a council luncheon with representations of DAG and the citizen task force. City of Denton City Council Minutes November 15, 2011 Page5 Council Member Engelbrecht stated that he wanted to see the task force organized and move forward with their own process. Mayor Pro Tem Kamp agreed that this needed to be citizen driven and the task force present information to Council. Council Member Roden clarified his suggestion to be a presentation from the task force to Council rather than a presentation from the task force to staff and then to Council. Mayor Burroughs stated that he would not be in favor of having such a meeting before the issue was fully vetted by the task force. He would rather have the issue fully vetted before coming before Council. Gas Well Inspection Update Darren Groth, Gas Well Administrator, stated that initial Railroad Commission records had 332 gas wells and 1 oil well in Denton corporate limits. However, the City was currently limited to inspect only those wells that were in the City limits and the Division I ETJ. The Gas Well Division had inspected each facility and to date, verified the existence of 257 active wells within the City and 174 active wells within the City's Division I ETJ. Prior to August 4, 2010 (the effective date of Ordinance 2010-196) the City issued 186 gas well permits. Since August 4th, 21 drilling permits had been issued for new wells, 18 wells had been drilled, 1 well was currently being drilled and 2 wells were pending a spud date. All the associated plats for the above permits were issued prior to the August 4th effective date of the Phase I amendments. Annual Inspection Fee Collection – the City sent fee invoices to all gas well operators with wells identified from the Railroad Commission data within the City and Division I ETJ. The total amount of the invoices was $165,700. As of November 14th, only $60,475 in payments had been received. Staff would continue to monitor collections and if substantial payments were not received in the near future, would consider what actions to take to receive payment. Council Member Gregory asked about the differences in the amount of invoices. Cunningham stated that during this year staff was only invoicing for one inspection and next year it would be for two inspections. Council Member Gregory asked if the Division had discovered wells not permitted by the Railroad Commission or by the City. Groth stated that there were wells with no City permit but that they predated the City regulations and that there were no wells without a Railroad Commission permit. Council Member Gregory asked how often an active drilling site was inspected. City of Denton City Council Minutes November 15, 2011 Page6 Groth stated that it could happen as much as every other day as currently there were only three active wells. They also received notices from operators when they were going to do something with the well. Council Member Gregory asked if a well site with no active drilling knew when they were coming to inspect. Groth stated that sometimes they knew staff was doing an additional inspection instead of their regularly scheduled inspections. The inspectors could do random inspections at any time. The annual inspections were scheduled and known to the operator. Council Member Gregory asked how inspections were done with gated and fenced sites. Groth stated that the inspectors were given permission to enter the site or had a key or gate code. Some locations wanted to be there when they were inspected and had requested to be informed when an inspection was going to be done. Council Member Roden requested a report on the history of violations discovered since the start of the Division and the response to those violations. Following the completion of the Work Session, the Council convened in a Closed Session to discuss the following: 1. Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072. 1.Receive a briefing from staff, discuss and deliberate regarding public power competitive and financial matters regarding the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project in the City of Denton, Texas; consult with the City's attorneys regarding legal issues involved in the said Project, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas; and discuss, deliberate and receive information from Staff and provide Staff with direction regarding the acquisition or condemnation of tracts involved in the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project. B. Consultation with Attorneys - Under Texas Government Code, Sec. 551.071. 1.Receive a briefing and a presentation from the City's attorneys and staff regarding a spill incident at the Lake Ray Roberts Water Treatment Plant facility, along with possible regulatory consequences; and discuss, City of Denton City Council Minutes November 15, 2011 Page7 deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2.Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Phase I and proposed Phase II Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority. 3.Consult with and provide direction to the City's attorneys associated with proposed enforcement related to sanitary sewer overflows and where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas and the City Council of the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Project NEOS, a parts assembly company. This discussion shall include commercial and financial information the City Council has received from Project NEOS which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. The City Council convened in a Regular Session at 6:40 p.m. in the Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards City of Denton City Council Minutes November 15, 2011 Page8 There were no proclamations/awards for this meeting. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Gricelda Samano regarding outside food vendors. Ms. Samano presented information on a business she recently started on E. McKinney Street. She started an outside business with her tacos and had pulled temporary permits for an outside food vendor but had used up all her permits for the year. She asked Council to make an amendment to the ordinance in order to be able to operate her outside food business. She wanted her business grandfathered in order to stay in business. 4. CONSENT AGENDA Mayor Burroughs indicated that any motion to approve the Consent Agenda should include the amended agreements for Consent Items H and I. Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the amended ordinances for Items H and I. On roll call vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, Mayor Pro Tem Kamp “aye” and Mayor Burroughs “aye”. Motion carried unanimously. Resolution No. R2011-041 A. Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). Resolution No. R2011-042 B. Consider approval of a resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2011-226 C. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Technology Services Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $215,000 to allow the Fire Department and Police Department to purchase thirty-eight mobile data computers, and providing an effective date. Ordinance No. 2011-227 D. Consider adoption of an ordinance awarding a contract for the purchase of eighteen City of Denton City Council Minutes November 15, 2011 Page9 Mobile Data Computers (MDCs) for the City of Denton Fire Department and twenty Mobile Data Computers for the City of Denton Police Department as awarded by the State of Texas Department of Information Resources (DIR) through the Go Direct Program, Contract Number DIR-SDD-1365; providing for the expenditure of funds therefor; and providing an effective date (File 4741-Purchase of Thirty-Eight Toughbook Mobile Data Computers awarded to John Wright Associates, Inc. in the amount of $211,112.70). Ordinance No, 2011-228 E. Consider adoption of an ordinance accepting sealed proposals and awarding an "Agreement for Collection Services [Part D: Municipal Court Fines]" by and between the City of Denton, Texas and Linebarger, Goggan, Blair, and Sampson, LLP, a corporation; providing for the expenditure of funds therefor and providing an effective date (RFP 4633-Agreement for Collection Services awarded to Linebarger, Goggan, Blair, and Sampson, LLP a corporation in an amount which is contingent upon its monetary recoveries from persons, in accordance with the percentages expressed in its price proposal which is on file with the City of Denton Purchasing Department). The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2011-229 F. Consider adoption of an ordinance accepting sealed proposals and awarding an "Agreement for Collection Services [Parts A-C: Utility, EMS, Code Enforcement, Returned and Miscellaneous Items]" by and between the City of Denton, Texas and Credit Systems International, Inc., a corporation; providing for the expenditure of funds therefor and providing an effective date (RFP 4633-Agreement for Collection Services awarded to Credit Systems International. Inc., a corporation in an amount which is contingent upon its monetary recoveries from persons, in accordance with the percentages expressed in its price proposal which is on file with the City of Denton Purchasing Department). The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2011-230 G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a contract with MarketSphere Consulting, LLC to perform a JD Edwards (JDE) Software Application Upgrade from Version 8.11 to 9.X; providing for the expenditure of funds therefor; and providing an effective date (RFP 4762-JD Edwards 9.X Upgrade Services for the City of Denton awarded to MarketSphere Consulting, LLC in the amount of $295,500.00). The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2011-231 H. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) between the City of Denton and Denton County, Texas, in the amount of $100,000.00; $50,000 being payable by Denton County, Texas and up to $50,000 being payable by the City of Denton, related to the engineering and construction of certain bicycle roadway accommodations within the street or roadways within the municipal City of Denton City Council Minutes November 15, 2011 Page10 limits of the City and Denton County Commissioner Precinct No. 1, authorizing the Mayor to execute said agreement on behalf of the City of Denton; authorizing the expenditure of funds; and declaring an effective date. Ordinance No. 2011-232 I. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) between the City of Denton and Denton County, Texas, in the amount of $100,000.00; $50,000 being payable by Denton County, Texas and up to $50,000 being payable by the City of Denton, related to the engineering and construction of certain bicycle roadway accommodations within the street or roadways within the municipal limits of the City and Denton County Commissioner Precinct No. 4, authorizing the Mayor to execute said agreement on behalf of the City of Denton; authorizing the expenditure of funds; and declaring an effective date. Ordinance No. 2011-233 J. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 18 of the Code of Ordinances by modifying the speed zone on Loop 288 in Section 18-73; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356, providing a penalty not to exceed $200.00 unless the violation occurs in a work zone and then the penalty shall not exceed $400.00; providing a severability clause; providing a repealing clause; providing for publication; and declaring an effective date. Ordinance No. 2011-234 K. Consider adoption of an ordinance authorizing the first amendment of an agreement between the City of Denton, Texas and Protect Environmental Services, Inc. and the expenditure of funds pursuant to Section 252.022(A)(1) and (2) of the Texas Local Government Code in the interest of preservation of property and health and safety, which purchases are exempt from the requirements of competitive bidding, and providing an effective date. The Public Utilities Board will consider this item on November 14, 2011. Approved the minutes listed below. L. Consider approval of the minutes of: October 3, 2011 October 4, 2011 October 11, 2011 October 17, 2011 October 18, 2011 5. PUBLIC HEARINGS Ordinance No. 2011-235 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 4 of the Denton Development Code by adding Section 35.4.4.3 entitled "Governmental Entity Development Review Process," providing a severability clause; and declaring an effective date. City of Denton City Council Minutes November 15, 2011 Page11 (DCA10-0011) The Planning and Zoning Commission recommends approval (5- 0). Brian Lockley, Development Review Administrator, indicated that this request was to amend Subchapter 4 of the Denton Development Code by adding a governmental entity development review process. He reviewed the current process and proposed process. The current process was a more linear process while the proposed process was a more three pronged approach. It allowed governmental entities to submit applications concurrently so there was less lag time in the process. The governmental entities eligible for this review process had to have the power to tax real and tangible personal property, limited geographical and jurisdictional boundaries, locally elected or locally appointed governing members, and the authority to provide a general public service or benefit. The Planning and Zoning Commission recommended approved of the proposed code amendment. Council Member Watts asked if savings of benefits of this proposal had been identified. Lockley stated that one benefit was an understanding of the nature of governmental entities as opposed to private enterprise in the development process. Council Member Watts questioned that all of the criteria had to be met in order to qualify for this process. Lockley replied correct. Council Member Gregory asked if a mobility review suggested one thing and a land use review suggested something different that contradicted each other, how would that be solved. Lockley stated that the Development Review Committee would solve those situations and comments before meeting with the applicant. The Mayor opened the public hearing. Bob Clifton spoke in opposition. The Mayor closed the public hearing. Council Member Watts motioned, Council Member King seconded to adopt the ordinance. On roll call vote, Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, Mayor Pro Tem Kamp “aye” and Mayor Burroughs “aye”. Motion carried unanimously. Resolution No. R2011-043 B. Hold a second public hearing and consider recommendations regarding the preferred alignment of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project; and consider a resolution of the City Council of the City of Denton, Texas regarding establishment of the route of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project; and providing an effective date. City of Denton City Council Minutes November 15, 2011 Page12 Phil Williams, General Manager-DME, stated that this was the second public hearing on the route for the transmission line rebuild. The project went from the Woodrow Substation to the Kings Row Substation to the Denton North Substation. It was an important project because the service load had increased in the City and the need was for a greater line for the load. Due to the change in requirement for easements from 30 feet to 75 feet there was a need to find a better route than the existing one through neighborhoods. Galvanized steel poles would be replacing the wood poles. He reviewed the preferred route which was being called the “purple” route. The “yellow” portion of the route would go from the new Kings Row Substation to the Denton North Substation following the current route on Hercules. Route evaluation factors included impact on homeowners, cost of easements, transmission line constructions cost and distribution line construction costs. The purple route was the preferred route as it directly impacted the least number of homeowners and had the least amount of cost. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Jill Haerley, 2610 Royal Acres, Denton, 76209-opposed to yellow route of the proposal Kathleen Davis, 2620 Picadilly, Denton, 76209-opposed to yellow route of the proposal Sam Alexander, 3219 McReynolds, Sanger, 76266 -opposed Johnny Davis, 2620 Picadilly, Denton, 76209-opposed to yellow route of the proposal Paul Smith, 2608 Buckingham, Denton, 76209-opposed to yellow route of the proposal Zack Pannell, 2609 Picadilly, Denton, 76209-opposed to yellow route of the e proposal Comment cards were received in opposition to the yellow route from the following: Bob and Jennie Spence, 2605 Huntington, Denton, 76209 Don and Norma Muller, 2601 Sheraton, Denton, 76209 Elizabeth and James Fagan, 3304 Woodthrush, Denton, 76209 Lloyd Darnell, 2625 Picadilly, Denton, 76209 Shepora and David Baldwin, 105 Meadow Lane, Denton, 76207 Youngae and Tag G. Kim, 2604 Buckingham, Denton, 76209 John Iverson, 804 Sandpiper, Denton, 76205 Additional speaker comments were received from: David Zoltner, 3501 Timber Trail, Denton - opposed Ms. Abernathy, 2600 Timber Trail, Denton - opposed to yellow route Deanna Padgett, 2609 Sheraton Road, Denton-opposed to yellow route Christine Watson-supporting individuals in opposition to yellow route Bob Clifton - opposed Hatice Salih, 300 Northridge, Denton, 76201 – opposed The Mayor closed the public hearing. Council Member Gregory asked about the difference in cost estimates for yellow route. City of Denton City Council Minutes November 15, 2011 Page13 Williams stated that staff looked at the route next to Loop 288. If the route stayed inside of Loop 288 it would be between TxDOT right-of-way so there was no right-of-way to purchase in that area. Staying outside the Loop would require buying new easements along the route as opposed to already having easements. By moving the transmission lines that much further away they were looking at redoing the distribution system and not sharing a pole in the area. Using the current route would maintain the distribution system as well as the transmission system. Otherwise there would be a double set of poles for transmission and distribution. Council Member Gregory asked about the conflict between the easements for transmission and the water line. Williams stated that it was not impossible to put it along that side and could overlap some but most of it would have to be further back to avoid drilling holes in the water lines. Council Member Gregory stated that notices were sent out about the public meetings regarding the red and purple lines and asked if that included the yellow line. Williams stated that those neighborhoods also received notices. Council Member Gregory stated that postcards were sent in addition to automatic calls and asked if that included the yellow line. Williams stated that the first notices spoke of whole route. Council Member Roden asked why the whole route was not one color and why the yellow route was different. Williams stated it was done that way for planning purposes to keep the routes separated into different projects. Council Member Roden asked why this route had no alternatives discussed. Williams stated that there appeared to not be as much discussion at the public hearings about this route. Council Member Roden asked if it were possible to approve a portion of the route, the purple route, and delay approval of the yellow route until alternatives were discussed. City Attorney Burgess stated that it would be possible but she did not know what that would do operationally to DME. Williams stated that the purple route could be started and then review the yellow route at a later date. Council Member Watts felt that there was a need to look at the yellow route. At the last meeting the yellow route was discussed but there was not as much citizen concern expressed. He was not sure he wanted to put the project into two separate considerations. City of Denton City Council Minutes November 15, 2011 Page14 Williams stated that it would be better to approve the purple route and substation site so the project could get could get started and then return for the yellow route. Council Member Watts asked about postponing the yellow route at this point in time and look at the Loop 288 route for costs. Paul Williamson, Real Estate Agent, described the process for acquiring easements. A firm would be hired for the overall project which would follow state law procedures. The appraisal process would go through a normal market study for commercial and residential sales and offers would be made for easements. Council Member Engelbrecht stated that the City owned right-of-way along Loop 288 but an easement for a water line was in that area. Due to that water line, the easement may not be wide enough for a power line and would require the need to purchase additional right-of-way. Williamson stated that there was a 20 inch water line in that area with a 20 foot utility easement. On the opposite side there was a 25 foot wide public utility easement with a larger water line in that area. Council Member Engelbrecht stated that he was in favor of splitting the decision and asking staff to prepare a report with regard to other locations for the yellow route. Council Member Gregory suggested an amendment to the ordinance to approve the portion of the proposed DME line referred to as the purple route and the relocation of the Kings Row Substation. Section 1 of the ordinance would need to be edited. City Attorney Burgess read the proposed wording for Section One and suggested if Council wanted to adopt the ordinance to direct Legal to correct the location map in accordance with the wording. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the portion of the ordinance for the new Denton electrical transmission line referred to as the purple route along with the location of the proposed Kings Row Substation and directed the City Attorney to change the exhibit with the substation as previously shown. On roll call vote, Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, Mayor Pro Tem Kamp “aye” and Mayor Burroughs “aye”. Motion carried unanimously. 6. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a City of Denton City Council Minutes November 15, 2011 Page15 reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member King requested a work session on the sign ordinance dealing with an exception for churches and non-profits for scrolling signs. Mayor Pro Tem Kamp suggested looking at food ordinance amendment to allow for situations similar to the one presented during the Citizen Report. Council Member Roden also suggested that report. Council Member Engelbrecht asked for a discussion on off-site advertising for scrolling signs. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:30 p.m. _____________________________ ______________________________ MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune _____________________________________________________________________________ SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a representative to the IH35E Project Stakeholder Committee (SB 1420); affirmation of commitment of the City of Denton, Texas to the IH35E project in the amount of $250,000; and providing an effective date. BACKGROUND nd As part of the 82 Texas Legislature, Senate Bill 1420 was passed to authorize the Texas Department of Transportation (TxDOT) to enter into a Comprehensive Development Agreement (CDA) for all or part of the IH35E Managed Lane Project in Dallas and Denton counties from I-635 to US 380. CDA authority is intended to provide TxDOT the opportunity to enter into an agreement with a private entity that provides for the design, development, financing, construction, maintenance, repair, operation, extension or expansion of the IH35E transportation project. The proposed IH35E Project will replace the existing outdated and deteriorating infrastructure with a new robust facility adding capacity and enhancing mobility in the North Central Texas Region. On September 29, 2011, the Texas Transportation Commission authorized TxDOT to issue a request for qualifications to develop, design, construct, finance, maintain and operate all or any portion of the IH35E Managed Lanes Project. TxDOT and local stakeholders have been meeting since October to analyze options for financing and delivery of the IH35E project to include the possible use of a design-build contract, concession agreement (similar to SH 121) or availability payment contract. SB 1420 revised Section 228.013 of the Transportation Code to require that a committee be formed to assess the various elements of funding the project. The committee is comprised of representatives from TxDOT, the North Central Texas Council of Governments (NCTCOG), the North Texas Tollway Authority (NTTA), and each city and/or county that contributes funding or right-of-way (ROW) to the project. Furthermore, the committee must issue a report containing the committnancial risk, the method of financing or the project delivery method and provide for a tolling structure and methodology. Agenda Information Sheet December 6, 2011 Page 2 of 3 This committee is known as the SB 1420 Committee and has held three meetings; on November 10, November 22, and November 30, 2011. The next meeting is scheduled for 10:00 a.m. on December 9, 2011, at the Lewisville City Hall. The following are the current voting members of the IH35E 1420 Committee: Michael Morris, Committee Chair NCTCOG Alberta Blair Dallas County Rudy Durham City of Lewisville Bill Hale TxDOT Matthew Marchant City of Carrollton Elizabeth Mow NTTA John Polster Denton County TxDOT has indicated that stakeholder representatives may participate in the 1420 Committee discussions; however, the TxDOT Office of General Counsel has affirmed that a financial commitment must be provided or donation of ROW must be provided to be granted voting membership on the IH35E SB 1420 Committee. The City of Carrollton has approved a resolution committing up to $5.5 million in local funds demonstrating their commitment as a partner in this significant project. The City of Lewisville has also approved a resolution committing $2 million in local funds for the IH35E project. Both Denton County and Dallas County have also passed resolutions demonstrating to TxDOT their intent to financially participate in the IH35E Project. City of Denton staff has identified $250,000 in local funds that could be applied to the project to demonstrat mobility project. TxDOT has confirmed that $250,000 would qualify the City of Denton to appoint a voting member to the IH35E project. Due to the significance of the IH35E project, staff recommends a contribution in the amount of $250,000 for the project. By doing so, the City of Denton will ensure that our citizens are represented in this important project for the Denton Community. To this end, the attached resolution appoints Mayor Pro Tem Pete Kamp to represent the City of Denton on the SB 1420 Committee and affirms funding of $250,000 for the project to be applied within the city limits of Denton. SCHEDULE The Committee will meet two more times this year, December 9 and 19, with the anticipation of submitting a final report to the TxDOT Executive Director prior to Calendar Year End. Agenda Information Sheet December 6, 2011 Page 3 of 3 PRIOR ACTION On October 28, 2011, Mark Nelson, Transportation Director, was appointed to the 1420 Committee as a non-voting member of the stakeholder committee. Respectfully Submitted: Mark Nelson Transportation Director AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Water Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an Ordinance of the City Council of the City of Denton, Texas, approving interim signage for the “Share the Road” program envisioned by the Vulnerable Road User Ordinance; and providing for an effective date. BACKGROUND The City of Denton is embarking on an initiative to increase alternative transportation opportunities within the community. Staff anticipates bringing the Denton Bike Pedestrian Plan to City Council for final approval in February 2012. The increase in bicycle\pedestrian transportation opportunities will result in additional vulnerable users within the ROW. To provide a safer environment on streets for bicyclists the City Council passed the ‘vulnerable road users’ ordinance. This ordinance provides for a specified distance between automobile and trucks when passing a bicyclist (Exhibit 1). Normally when a regulatory ordinance is passed staff will refer to the Manual Uniform Traffic Control Devices (MUTCD) for the appropriate signage. In this case the MUTCD has not developed a sign for the vulnerable road user regulation. The vulnerable road user concept is relatively new with less than a dozen cities in Texas having passed the ordinance. To begin educating the public that Denton has passed this regulation staff is developing a sign to use in the interim until the MUTCD develops a sign and makes it available for use. Staff presented a recommendation to the Traffic Safety Commission on a draft sign concept which was approved at the November 7, 2011 Traffic Safety Committee meeting. Staff also presented a recommendation to the Mobility Committee on a draft sign concept which was approved at the November 16, 2011 Mobility Committee meeting. Staff will have an example of the sign for the City Council to view. Staff is planning to install a limited number of signs in strategic locations to begin the education process. Staff will look at the most logical streets to install those signs. State roadways will not be eligible to receive this signage since the Federal Highway Administration has not approved these signs. When the MUTCD develops appropriate signage the temporary signs will be replaced. RECOMMENDATION None at this time PRIOR ACTION/REVIEW (Council, Boards, Commissions) Traffic Safety Commission moved to approve the signage that was presented with a 7-0 vote. Mobility Committee moved to approve the signage that was presented. FISCAL INFORMATION The signage will cost less than $2,500. EXHIBITS Ordinance 1. Respectfully submitted: Jim Coulter Director Water Utilities AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Economic Development ACM: Jon Fortune SUBJECT Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Labinal, Inc., setting forth the various conditions precedent to Labinal, Inc. receiving the Program Grant; providing for a severability clause; and providing an effective date. BACKGROUND Labinal, Inc., currently located in Corinth, Texas, is expanding their operation and searching for a facility that will accommodate their growth. Labinal prefers a North Texas location so that they can retain their current workforce. The company is working with the owners of the building at 3790 Russell Newman Blvd. to renovate the facility and construct additional parking for their 700+ employees. Due to the increase in traffic that will be generated by their operation, Labinal is required to improve a portion of Russell Newman Blvd. Labinal requested a tax incentive from the City to recoup a portion of the cost of the road approximately $370,000. Labinal will invest nearly $5.8 million in building, site and other improvements for this project. In addition, they will move equipment and other business personal property to Denton estimated to be valued at $5.2 million. RECOMMENDATION At their November 1, 2011, meeting, the Economic Development Partnership Board (EDPB) reviewed the Labinal request and applied the policy guidelines to arrive at the following recommendation: The EDPB recommends approval of a Chapter 380 Grant equal to fifty percent of the increase in property tax revenues on the improvements (building and parking lots) and the new business personal property, as determined by the Denton Central Appraisal District, for a period of three years. It is estimated that this increased valuation will equal between $7 million and $9.7 million, providing a total incentive of approximately $72,400 to $100,350 over the three year term of the agreement. Agenda Information Sheet Labinal, Inc. Chapter 380 Grant Agreement December 6, 2011 Page 2 ESTIMATED SCHEDULE FOR PROJECT If approved, renovation if the facility should begin after the first of the year, with a Spring/Summer 2012 opening. PRIOR ACTION/REVIEW Economic Development Partnership Board recommends approval 8-0. FISCAL INFORMATION Depending upon the increased valuation on building, parking lots and business personal property, a Chapter 380 Grant equal to fifty percent of the increased tax revenues on the building, parking lots and business personal property could equal between $72,400 to $100,350 over the three-year term of the agreement. EXHIBITS Ordinance and Chapter 380 Agreement with Exhibits Respectfully Submitted, ______________________________ Linda Ratliff, Director Economic Development \\codad\departments\legal\our documents\ordinances\11\labinal 380 ord.doc ORDINANCE NO. ________________ AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH LABINAL, INC. SETTING FORTH THE VARIOUS CONDITIONS PRECEDENT TO LABINAL, INC. RECEIVING THE PROGRAM GRANT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Labinal, Inc. (“Grantee”) has made a request of the City of Denton to establish an economic development program under Chapter 380 of the Texas Local Government (“Chapter 380”) to stimulate the development of commercial property within the City of Denton; and WHEREAS, the City Council by this ordinance is establishing an economic development program under Chapter 380 which will stimulate business activity in the City and promote the public interest (the “Program”); and WHEREAS, to effectuate the Program, the City and Grantee have negotiated an Economic Development Grant Agreement (the “Agreement”), a copy of which is attached hereto and made a part hereof by reference; and WHEREAS, the City Council finds that the Program and Agreement promote economic development and will stimulate commercial activity within the City of Denton for the benefit of the public; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this Ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement on behalf of the City of Denton and to carry out the City’s responsibilities and rights under the Agreement, including without limitation the authorization to make the expenditures set forth in the Agreement. 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 AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Transportation Operations ACM: Jon Fortune SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a member to the Board of Directors of the Denton County Transportation Authority; appointing a First Alternate to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. BACKGROUND On June 7, 2011, Richard Moore was appointed to replace Mr. Guy McElroy to serve as the City Denton County Transportation Authority (DCTA) Board of Directors. Mr. McElroy agreed to continue to serve on behalf of the City of Denton, and was appointed to Mr. , and he has indicated he will no longer be able to letter of resignation is attached as Exhibit 1. This agenda item is intended to provide the City Council an opportunity to discuss and make a formal recommendation for the appointment of the City of Denton Representative and a First Alternate to the DCTA Board of Directors. The current two-year term for the City of Denton Board appointment and alternate expired on November 12, 2011; however, the appointees may serve in an official capacity until replaced. PRIOR ACTION/REVIEW On November 16, 2011, the Mobility Committee considered Mr. Richard Huckaby as the City of Denton Representative and Mr. Guy McElroy as the First Alternate representative to the DCTA Board. The Mobility Committee recommended to Council, 3-0, to consider the proposed appointments of Mr. Huckaby and Mr. McElroy. SCHEDULE Council approval of appointments would become effective immediately and continue through November 12, 2013. DCTA officials will be provided the names of the appointed City of Denton Representative and First Alternate along with a copy of the signed City of Denton resolution. Agenda Information Sheet December 6, 2011 Page 2 EXHIBITS 1.Richard Moore Letter of Resignation 2.Resolution Respectfully submitted: Mark Nelson Transportation Director EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - Z11-0007, Milam Creek Ranch Hold a public hearing and consider an ordinance of the City of Denton, TX, providing for an initial zoning district classification and use designation of Rural Commercial (RC), with an overlay district, on approximately 37 acres of land located within the Milam Creek Ranch Subdivision, east of I-35, on the south side of Milam Road and on the east and west sides of Milam Ridge Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z11-0007). (The Planning and Zoning Commission recommends approval 7-0). BACKGROUND The Milam Creek Ranch Addition is a platted subdivision, including approximately seventy nine (79) acres, and is located in an area identified as PAA4 and was annexed during the 2010 annexation proceedings. However, the City of Denton is proposing to apply an initial zoning district of Rural Commercial (RC) with an overlay district to only approximately thirty seven (37) acres of the subdivision that was annexed in 2010 and is now within the City. The Milam Creek Ranch Addition was reviewed and approved by the City of Denton Planning and Zoning Commission in 1996 in two (2) phases. Phase 1 includes approximately 26.042 acres and was platted as Milam Creek Ranch, Block A, Lots 1-4 and Block B, Lots 1-4. Phase 2 includes approximately 53.17 acres and was platted as Milam Creek Ranch, Block A, Lots 5-17 and Block B, Lots 5 and 6. As of May 4, 2010, approximately 37 acres of the total 79 acres was annexed into the City of Denton via Ordinance 2010-120. The remaining 42 acres was appraised for ad valorem tax purposes as land for agricultural uses, wildlife management or as timber land under Chapter 23 of the Texas Local Government Code, and are currently governed by the terms and conditions of a Non-Annexation Agreement between the City and the property owners. Pursuant to Subchapter 35.16.8.G of the Denton Development Code, newly annexed land is not zoned; however, it is subject to the list of permitted uses, intensities, dimensions or lot sizes as governed by the Rural Residential 5 (RD-5) zoning district. Due to these stipulations, the subject subdivision is currently considered to be nonconforming, as it exceeds the maximum density of 0.2 dwelling units per acre allowed by the RD-5 zoning district regulations. The purpose of the proposal is to bring those properties that were annexed into compliance with the Denton Development Code. A neighborhood meeting was held with property owners of the subdivision on September 22, 2011. During this meeting, property owners expressed concerns regarding the uses that are Agenda Information Sheet December 6, 2011 Page 2 permitted in the RC zoning district and identified several uses they felt were incompatible with the subject residential development that should be prohibited (See pages 4-7 of this report). Staff sent twenty six (26) certified notices of the public hearing to property owners within two hundred (200) feet of the subject site and four (4) courtesy notices to residents within five hundred (500) feet of the site. As of this writing, staff has received one (1) notice in opposition to the request and 1 notice neutral to the request from property owners within 200 feet of the site. PRIOR ACTION/REVIEW January 10, 1996, final plat of Phase 1,Block A, Lots 1-4 and Block B, Lots 1-4, Milam Creek Ranch approved by the Planning and Zoning Commission December 11, 1996, final plat of Phase 2, Block A, Lots 5-17 and Block B, Lots 5 and 6, Milam Creek Ranch approved by the Planning and Zoning Commission May 4, 2010, Final Reading of the annexation ordinance for PAA4 approved by the City Council OPTIONS 1.Approve as submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of Z11-0007, subject to an overlay district, as identified in Exhibit 1, Summary of Analysis, of this report. APPROVAL The Development Review Committee (DRC) recommends of Z11-0007, subject to an overlay district, as identified on Exhibit 1, Summary of Analysis of this report. EXHIBITS 1. Staff Report 2. Site Location/Aerial Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Lane Use Map 6. Notification Map Agenda Information Sheet December 6, 2011 Page 3 7. Property Responses to Notification 8. Property Ownership Information 9. City Manager Authorization 10. Site Photos 11.Planning and Zoning Commission Meeting Minutes (10/19/11) 12.Ordinance Prepared by: Johnna M. Matthews Senior Planner Respectfully submitted: Mark A. Cunningham, AICP Planning and Development Director Agenda Information Sheet December 6, 2011 Page 4 EXHIBIT 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: October 19, 2011 TYPE: Initial Zoning CC Date: December 6, 2011 PROJECT #:Z11-0007 Project Number: Z11-0007, Milam Creek Ranch Request: Apply an initial zoning of Rural Commercial (RC) with an overlay district. Applicant: City of Denton 215 E. McKinney Denton, TX 76201 Property Multiple Property Owners (See Exhibit 7) Owners: Location: The property is generally located east of I-35, on the south side of Milam Road and west and east sides of Milam Ridge Road. Size: 37 acres +/- Existing Zoning Rural District 5 (RD-5) Designation: Proposed Zoning Rural Commercial (RC), subject to an overlay district Designation: Future Land Use: Rural Areas Case Planner: Johnna M. Matthews DRC Recommendation: The Development Review Committee (DRC) recommends APPROVAL of Z11-0007, with an overlay district. Summary of Analysis The proposed Rural Commercial (RC) zoning district is one of two zoning districts within the group of Rural Districts, whose purpose is to maintain areas of rural uses within the City of Denton. Application of the districts will ensure that the farming, forest, environmental and 4 Agenda Information Sheet December 6, 2011 Page 5 scenic values of these areas are protected from incompatible development that may result in a degradation of their values. The second zoning district within the Rural Areas group is RD-5, which is the zoning district for which newly annexed land is subject to as it relates to permitted uses, intensities, densities, dimensions and lot sizes. Both zoning districts are agricultural in nature with minimal allowances for uses of land within each of the four land use categories including residential, commercial, industrial and institutional land uses. In the residential land use category, the difference between the two zoning districts is that “dwellings above businesses” are not permitted in the RD-5 zoning district, however, are permitted by right in the RC zoning district and “multi-family dwellings” are not permitted within the RD-5 zoning district; however, are allowed in the RC zoning district with approval of a Specific Use Permit (SUP). In the commercial land use category, a “bed and breakfast” is permitted with a limitation in the RD-5, but is not permitted in the RC zoning district. Restaurants/private clubs, professional offices, vehicle repair, major event entertainment and sexually oriented businesses are not permitted in the RD-5 zoning district; but may be permitted in the RC zoning district with either a limitation or approval of a SUP. Administrative or research facilities and broadcasting of production studios are permitted in the RD-5 zoning district with approval of a SUP; however are permitted with limitations or by right in the RC zoning district. Sexually oriented businesses are not permitted in the RD-5 zoning district, but with approval of a SUP are allowed in the RC zoning district. The allowable uses within the industrial land use category between the two zoning districts are consistent with the exception of bakeries and light manufacturing which are both permitted in the RD-5 zoning district, but with limitations or approval of a SUP in the RC zoning district. Additionally, feed lots is a permitted use with approval of a SUP in the proposed zoning district; however is a prohibited use in the RC zoning district. Finally, within the institutional land use category both community services and semi-public halls/clubs/lodges are not permitted in the RD-5 zoning district, but are permitted by right in the RC zoning district. The table below highlights the uses within both zoning districts. In addition to the land uses that are not permitted in the RC zoning district, as indicated by “N” on the below tables, property owners indicated their desire to prohibit the uses which are highlighted in yellow in each of the four (4) land use categories. The last column on the charts indicate the uses which would be permitted, prohibited or limited with the proposed overlay district, as identified by property owners in attendance at the neighborhood meeting: 5 Agenda Information Sheet December 6, 2011 Page 6 RD-5 RC RC Residential Land Use Categories (Existing) (Proposed) (w/Overlay) Agriculture P P P Livestock L(7) L(7) L(7) Single Family Dwellings P P P Accessory Dwelling Units P P P Attached Single Family Dwellings N N N Dwellings Above Businesses NPN Live/Work Units P P P Duplexes N N N Community Homes For the Disabled P P P Group Homes SUPSUPN Multi-Family Dwellings NSUPN Manufactured Housing Developments PPN P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 6 Agenda Information Sheet December 6, 2011 Page 7 RD-5RC RC Commercial Land Use Categories (Existing) (Proposed) (w/Overlay) Home Occupation P P P Sale of Products Grown on Site P P P Hotels N N N Motels N N N Bed and Breakfast L(10) PN Retail Sales and Service N N N Movie Theaters N N N Restaurant or Private Club NL(11) N Drive-through Facility N N N Professional Services and Offices NL(15) N Quick Vehicle Servicing N N N Vehicle Repair NPN Auto and RV Sales N N N Laundry Facilities N N N Equestrian Facilities P P P Outdoor Recreation PPN Indoor Recreation N N N Major Event Entertainment NSUPN Commercial Parking Lots N N N Administrative or Research Facilities SUPL(15) N Broadcasting of Production Studio SUPPN Sexually Oriented Business NSUP/ L(32) N Temporary Uses L(38) L(38) N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 7 Agenda Information Sheet December 6, 2011 Page 8 RD-5RCRC Industrial Land Use Categories (Existing) (Proposed) (w/Overlay) Printing / Publishing N N N BakeriesNL(21) N Manufacture of Non-odoriferous Foods N N N Feed Lots SUP N N Food Processing N N N Light Manufacturing NSUP / L(24) N Heavy Manufacturing N N N Wholesale Sales N N N Wholesale Nurseries PPN Distribution Center N N N Wholesale Storage and Distribution N N N Self-service Storage N N N Construction Materials Sales N N N Junk Yards and Auto Wrecking N N N Wrecker Services and Impound Lots N N N KennelsL(14) L(14) N Veterinary Clinics PPN Sanitary Landfills, Commercial Incinerators, N N N Transfer Stations Gas Wells L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 8 Agenda Information Sheet December 6, 2011 Page 9 RD-5RCRC Institutional Land Use Categories (Existing) (Proposed) (w/Overlay) Basic Utilities P P P Community Service NPN Parks and Open Space P P P Churches PPN Semi-public, Halls, Clubs, and Lodges NPN Business / Trade School N N N Adult or Child Day Care PPN Kindergarten, Elementary School PP N Middle School N N N High School N N N Colleges N N N Hospital N N N Elderly Housing N N N Medical Centers N N N Cemeteries N N N Mortuaries N N N WECS (Free-standing Monopole Support L(41) L(41) L(41) Structure) WECS (Building-mounted) L(42) L(42) L(42) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Applicable limitations for the above list of land uses: L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. 9 Agenda Information Sheet December 6, 2011 Page 10 L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(24) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square feet. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (38) = Must meet the requirements of Section 35.12.9. L (41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L (42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades’ elevation. If the WECS does not use blades, then height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS. The Milam Creek Ranch subdivision includes 23 lots. Of the 23 lots, 16 are developed with single family dwellings. Additionally, of the total 23 lots, only 12 were annexed, of which 9 are developed with single family dwelling units. It is anticipated that at some point in the future, the entire subdivision will be located within the boundaries of the city. Based on density calculations of the entire 79- acre subdivision, only 16 dwelling units would be allowed in the RD-5 zoning district. Currently 16 dwelling units exist. However, the subdivision was platted with 23 lots for future development. The remaining 7 lots, once annexed, could not be developed in the RD-5 zoning district because of the maximum density requirement of 0.2 dwelling units per acre. Based on density calculations of the 37 acres which were annexed, only 7 dwelling units would be allowed and currently 16 dwelling units exist. The RC zoning district would allow 40 dwelling units within the entire 79-acre subdivision and if calculating only the 37 acres which were annexed, 19 dwelling units would be allowed. The below table illustrates the calculated density in both zoning districts for the entire 79 acre subdivision as well as the density calculations for the 37 acres that were annexed. It is important to note that the subdivision is non-conforming if RD-5 density is calculated for the entire subdivision or for the 37 acres which were annexed: General Regulations RD-5 RC Maximum Density, Dwelling units per 0.2 0.5 acre Maximum units allowed within the Milam 16 40 Creek Ranch Subdivision (79 acres) Maximum dwelling units allowed within the Milam Creek Ranch Subdivision, 7 19 annexed properties only (37 acres) Number of Existing Dwelling Units 16 16 10 Agenda Information Sheet December 6, 2011 Page 11 Findings of Fact 1.The request is a city-initiated proposal to apply an official/initial zoning district of RC, with an overlay district, to approximately 37-acres located within the Milam Creek Ranch subdivision, located on the south side of Milam Road and on the west and east sides of Milam Ridge Road. 2.The Planning and Zoning Commission of the City of Denton approved Phases 1 and 2 of the Milam Creek Ranch subdivision; a 79 acre subdivision, in 1996. 3.The Milam Creek Ranch subdivision was located in an area identified as PAA4 and 12 of the properties within the subdivision were annexed. The remaining lots within the subdivision which were not annexed received and returned Non-Annexation Agreements. 4.Those properties that were annexed in 2010 do not have an official zoning district. However, is subject to the list of permitted uses, intensities, dimensions and lot sizes as governed by the Rural Residential 5 (RD-5) zoning district. 5.The subdivision is considered non-conforming, as it exceeds the maximum density (dwelling units per acre) allowed in the RD-5 zoning district. 6.The subdivision is located within a “Rural Areas” future land use designation. The Denton Plan states that within these areas, single family large-lot residential uses will be regulated. Outside of the urbanized areas the size of the lots will be based on Denton County requirements. The remaining land within these areas would remain as agricultural uses 7.The proposed (RC) zoning district will not require a comprehensive plan amendment. Both the RD-5 and RC zoning districts fall within the above future land use designation. Both zoning districts also belong to the Rural Districts group of zoning districts whose purpose is to maintain an area of rural use within the City of Denton. Application of either district will ensure that the farming, forest, environmental and scenic values of rural areas is protected from incompatible development that may result in the degradation of their values. 8.Adjacent zoning districts include RD-5 to the west and east of the subdivision and those properties north and south of the subdivision remain in the extraterritorial jurisdiction (ETJ). 9.The surrounding area is mostly undeveloped, with single family being the primary uses in the area. 10.Lot 12, Block A contains undeveloped environmentally sensitive areas (ESAs). Compliance with Subchapter 17 of the Denton Development Code (ESA Regulations) would be required if the lot were to be replatted. 11 Agenda Information Sheet December 6, 2011 Page 12 11.Adequate water service is available from the existing 6-inch main along Milam Ridge Road. The anticipated water demand is 58.3 gpm. 12.Sewer service in the area is by on-site sewage disposal systems. The anticipated waste water demand is 34.7 gpm and this is not adequate to serve. 13.Additions and changes from existing conditions will require compliance with the adopted Fire Code. 14.Fire Station # 5, located at 2230 W. Windsor Drive, is the fire station serving the annexed properties and is approximately 5.6 miles from the site. The County continues to maintain those properties that were not annexed. 15.DISD schools serving the subdivision are Evers Elementary School, Calhoun Middle School and Denton High School. 16.Milam Ridge Road, per the Denton Development Code (DDC) is classified as a residential avenue collector street. The street is currently asphalt with a borrow ditch drainage system and per the DDC, Milam Road would be classified as an unimproved perimeter street. Planning and Zoning Commission Recommendation: APPROVAL The Planning and Zoning Commission recommends of Z11-0007 (7-0), subject to an overlay district restricting certain uses, as identified on Exhibit 1of this report. Development Review Committee Recommendation: IS CONSISTENT The Development Review Committee finds that the request with the general IS CONSISTENTIS CONSISTENT character of the area, with the Denton Plan, and with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of Z11-0007, subject to an overlay district restricting certain uses, as identified on Exhibit 1 of this report. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. 12 Agenda Information Sheet December 6, 2011 Page 13 Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Extraterritorial Jurisdiction (ETJ) Extraterritorial Jurisdiction (ETJ) Extraterritorial Jurisdiction (Mostly undeveloped and a (Canyon Lake Estates; a single-family (ETJ) commercial use) subdivision) (Undeveloped) West:Subject Property: East: Rural District 5 (RD-5) Rural District 5 (RD-5) Rural District 5 (RD-5) (Mostly undeveloped land) (Single-family and undeveloped land) (Single Family and undeveloped land) Southwest: South: Southeast: Extraterritorial Jurisdiction (ETJ) ETJ Extraterritorial Jurisdiction (Single-family) (Undeveloped) (ETJ) (Undeveloped) Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: The Milam Creek Ranch subdivision is rural in nature and is surrounded by mostly undeveloped land to the west and Love’s Country Store fronting I-35 further west; a large lot single family development to the east and further east is the Hills of Denton; a master planned community; mostly undeveloped land to the south and Canyon Lake Estates; a single family subdivision and an animal hospital to the north. Comprehensive Plan: Applying an official zoning district of Rural Commercial (RC), with an overlay district, will not require a comprehensive plan amendment. Both the RD-5 and RC zoning districts are located within the “Rural Areas Future Land Use Designation,” which regulates single-family large lots. Outside of the urbanized areas the size of the lots will be based on Denton County requirements. The remaining land within these areas would remain as agricultural uses. Zoning Allocation: Currently, there are approximately 7,986 acres of land within the city that is zoned RD-5. However, there is no land currently within the city that is zoned RC. The RD-5 land allocation will decrease to 7,949 acres and the RC zoning land allocation will increase to approximately 37 acres. Zoning Allocation Zoning District Current Allocation Proposed Allocation RD-5 7,986 7,949 (Existing) RC 0 37 (Proposed) 13 Agenda Information Sheet December 6, 2011 Page 14 Nearest Elementary, Middle, and High School Name of School Approximate Distance Existing % Capacity Project’s Estimated Annual From Subject Property Student Generation (if new development) 6 ± miles 89% 4 Evers Elementary School 10 ± miles 84% 2 Calhoun Middle School Denton High School 9 ± miles 92% 3 Source: Denton Independent School District Nearest Fire and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Fire Station # 5 (2230 W. Windsor) 5.6 miles ± Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 37 ± acres Proposed Demand or No) Permitted Density 0.5 DU/Acre = 39 DU Potable Water 58.3 (peak) Yes Consumption (GPM) Wastewater 34.7 (peak) No Generation (GPM) B. Available Capacity: Water is available from the existing 6” main along Milam Ridge Road. Sewer service in this area is by on-site sewage disposal systems. C. CIP Planned Improvements: None Planned Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 0.51 ± acres Proposed Demand or No) Permitted Density 0.5 DU/Acre = 39 units Yes Average Annual 390 Yes 14 Agenda Information Sheet December 6, 2011 Page 15 Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes Proposed Demand 0.51 ± acres or No) Daily Trips (AADT) PM Peak Hour Trips 39 Yes B. Available Capacity: Milam Ridge Road, per the City of Denton Development Code (DDC) would be classified as a residential avenue collector street. The street is currently constructed of asphalt with a borrow ditch drainage system and per the DDC, Milam Ridge Road would be classified as an unimproved perimeter street. C. Roadway Conditions: Milam Ridge Road and Milam Road are both in fair condition. D. CIP Planned Improvements: None Planned Environmental Conditions: Lot 12, Block A contains undeveloped floodplain environmentally sensitive areas (ESAs). The property is currently developed with a single family dwelling; however, was not annexed due to the property owner having returned a Non-Annexation Agreement. Compliance with Subchapter 17 of the Denton Development Code (ESA Regulations) would be required if the lot were to be replatted. 15 Agenda Information Sheet December 6, 2011 Page 16 Exhibit 2 Site Location/Aerial Map 16 Agenda Information Sheet December 6, 2011 Page 17 Exhibit 3 Existing Zoning Map 17 Agenda Information Sheet December 6, 2011 Page 18 Exhibit 4 Proposed Zoning Map 18 Agenda Information Sheet December 6, 2011 Page 19 Exhibit 5 Future Land Use Map 19 Agenda Information Sheet December 6, 2011 Page 20 Exhibit 6 Notification Map 20 Agenda Information Sheet December 6, 2011 Page 21 Exhibit 7 Property Owner Responses to Notification 21 Agenda Information Sheet December 6, 2011 Page 22 22 Agenda Information Sheet December 6, 2011 Page 23 Exhibit 8 Property Ownership Information 23 Agenda Information Sheet December 6, 2011 Page 24 Exhibit 9 City Manager Authorization 24 Agenda Information Sheet December 6, 2011 Page 25 Exhibit 10 Site Photos North side of Milam Road looking south toward the entrance into the Milam Ranch subdivision Milam Ridge Road looking west at the posted sign. 25 Agenda Information Sheet December 6, 2011 Page 26 Photo taken at the southeast corner of Milam Ridge Road near the cul-de-sac looking north 26 Agenda Information Sheet December 6, 2011 Page 27 Photo looking toward the west side of Milam Ridge Road at an existing single family home Existing single family home in the Milam Creek Ranch subdivision 27 Agenda Information Sheet December 6, 2011 Page 28 Photo looking toward the east side of Milam Ridge Road at an undeveloped lot 28 Agenda Information Sheet December 6, 2011 Page 29 Exhibit 11 Planning and Zoning Commission Meeting Minutes (10/19/11) 29 Agenda Information Sheet December 6, 2011 Page 30 30 Agenda Information Sheet December 6, 2011 Page 31 Exhibit 12 Ordinance 31 Agenda Information Sheet December 6, 2011 Page 32 32 Agenda Information Sheet December 6, 2011 Page 33 33 Agenda Information Sheet December 6, 2011 Page 34 34 AGENDA INFORMATION SHEET AGENDA DATE: December 6, 2011 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECTS11-0002 (Lake Dallas Storage) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation on property located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 2.066 acres. The subject property is generally located south of McKinney Street, approximately 900 feet west of Trinity Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S11-0002) The Planning and Zoning Commission recommends approval (3-2). PROPOSAL The Applicant, New Tech Global (on behalf of Atmos Energy Corporation), is requesting approval of an SUP to allow for the drilling and extraction of natural gas from an underground storage formation on the subject site. The storage formation is only used to store natural gas or other gaseous material. The storage formation is not intended to produce natural gas, nor is there any fracking done to this type of development. The proposed storage formation will not increase the natural gas storing capacity on the site and will be in addition to eight (8) existing storage wells that are located on the adjacent property to the west of the subject site. Per the Applicant, this additional storage well (when combined with those existing 8 wells) will improve efficiency of retrieving the natural gas that is stored underground. No production gas wells will be drilled on the subject site via this SUP, and any future drilling of any additional wells will require City Council approval via a SUP modification. BACKGROUND The subject property has existing subsurface development that is currently being used by Atmos Energy Corporation for the storage of natural gas. According to the Applicant, the site was previously used to extract oil and natural gas dating back to the 1950s. After production activities ceased, the subsurface development was converted to a natural gas storage reservoir. The Atmos Energy Corporation currently operates the existing 8 storage gas wells, and a gas collection and processing facility on the adjacent property to the west of the subject site. These eight (8) existing storage wells are used to inject natural gas to existing under-ground reservoirs that are located below the adjacent property and the subject property. The storing of the gas occurs in the summer months when natural gas demand is low, and is then retrieved and treated for distribution during the winter months as usage, and demand increases. Agenda Information Sheet December 6, 2011 Page 2 Seven (7) public notices were sent to property owners within 200 feet of the subject site (Exhibit 6). Eleven (11) courtesy notices were also sent to residents within 500 feet of this proposal. As of this writing, staff has received one (1) property owner response in opposition to the proposed rezoning request representing 8.14% of the area within 200 feet of the subject site. PRIOR ACTION/REVIEW November 2, 2011 Planning & Zoning Commission Public Hearing OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of this request (3-2) APPROVAL The Development Review Committee recommends , subject to conditions. EXHIBITS 1.Staff Report 2.Site Location/Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Letter From Applicant 6.Notification Map 7.Site Plan 8.Site Photos 9.Planning and Zoning Commission, November 2, 2011, Meeting Minutes Email Correspondence 10. Ordinance 11. Agenda Information Sheet December 6, 2011 Page 3 Prepared by: Nana Appiah, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development EXHIBIT 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: November 2, 2011 TYPE: Specific Use Permit CC Date: December 6, 2011 PROJECT #:S11-0002 Project Number: S11-0002 Request: A Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation. Applicant: New Tech Global Property Owner: 5420 LBJ Freeway, Suite 1700 Dallas, TX 75240 Location: The property is located south of McKinney Street, approximately 900 feet west of Trinity Road (S11-0002). Size: 2.066 acres ± Zoning Designation: Neighborhood Residential 4 (NR-4) Future Land Use: Neighborhood Centers Case Planner: Nana Appiah, AICP DRC Recommendation: The Development Review Committee (DRC) recommends Approval of S11-0002 subject to conditions. Summary of Analysis: In accordance with Sections 35.5.2.2 and 35.22.3 of the Denton Development Code (DDC), gas well drilling and production are permitted with an SUP within the NR-4 zoning district. Pursuant to Section 35.6.4 of the DDC, a SUP may be granted if the proposed use conforms (or can be made to conform through the use of conditions) to the standards established in the NR-4 zoning district. Section 35.6.4.B of the DDC also provides standards by which a SUP may be granted. Below are staff’s analyses of these standards: B. A specific permit shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting this SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. This request is to allow for the drilling and extraction of natural gas from an underground storage formation. There are similar wells surrounding the site. Currently, there are no residential properties located within one thousand (1,000) feet to the south, east and west of the site. However, there is a metal building located to the north of the subject site, and is within 1,000’ of the site. The property owner, Mr. Khosrow Sudegian, stated at the Planning and Zoning Commission meeting that the metal structure is being used as a residential rental property. Notwithstanding repeated requests, Mr. Sadegian has not submitted any documentation to corroborate the use of the metal structure. Email communication to and from the applicant, and to Mr. Sedegian is attached as Exhibit 11. Per Section 35.22.5 of the City of Denton Development Code, any proposed residential structure or other protected use shall be required to be set back a minimum of 250 feet from the gas well. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding undeveloped property. As previously stated, there is a metal structure located north of the site. However, staff has not been able to determine the use of this structure. Currently, the City of Denton does not provide any utility services to the structure. The immediate property to the south is undeveloped. The property to the west is developed as the central treatment facility for the operation of the existing surrounding storage wells. The property to the east is undeveloped, however, there is a residential structure farther east to the site. This residential property is located more than a 1,000 feet from the site. It is staff determination that approval of this SUP should not deter further development of the surrounding property. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The DRC has reviewed this proposed project and have determined that adequate utilities, access road, drainage, and other necessary supporting facilities have been or will be provided. 4.The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The design, location and arrangements of the driveway will not adversely affect the general public or adjacent development. Currently, the site has one (1) driveway entrance onto McKinney Street. The DRC has reviewed this vehicular access and have determined that the driveway must be widened to provide safe and convenient access. This improvement shall be required prior to issuance of a gas well site plan. 5.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Except during the initial drilling of the well, dust, noise, and vibration should not occur on this site. Per Section 35. 22.12 of the DDC, the operator of the gas wells are required to provide a written notice to the City and residences within one thousand feet of the intention to re-work the well. This notice shall be given at least 10 days before the re-work activity begins. In addition, such operations shall conform to Sections 35.22.5 and 35.12.11 of the DDC. This Sections of the Code establishes standards such as controlling noise, fumes and use of odorous materials on property. Further, Section 20 of the City’s Nuisance Code Ordinance also regulates dust, noise, and odor control during constructions. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. According to the applicant, the site requires little lighting. Any proposed lighting shall comply with the standards and regulations of Section 35.13.12 of the DDC, which limits the illumination of light onto adjacent property. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Adjacent properties to the south and east are vacant. There is a metal building located within 1,000’ of the site. Due to the structure’s metal façade, the compatibility requirement does not apply. However, staff is recommending an eight (8) foot screening fence along the perimeter of the drilling site. This fence will enhance compatibility of the site to adjacent future development. C.That adequate capacity of infrastructure can and will be provided to and through the subject property. The DRC has reviewed this request and determined that adequate capacity of infrastructure can and will be provided to and through the subject property. D.That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: 1.Similarity in scale, bulk, and coverage. The existing gas wells operation is smaller in scale, bulk and coverage to the uses on the adjacent property to the west. The properties to the south, and east are vacant. The use of the property to the north is undocumented. Except occasional re-work of the wells, activities on the site are minimal and should not adversely affect the surrounding uses. 2.Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Staff does not anticipate increase in vehicular traffic via the granting of this requested SUP. There may be occasional truck traffic during re-work of the site. However, noise generating from vehicular traffic should not be different from current existing vehicular traffic on the adjacent property to the west. Both the subject site and the adjacent property are currently used as the central operating facility, and will utilize one driveway to the site. 3.Architectural compatibility with the impact area. The visible elevated structures on the site are the existing central procession operating facility located to the west of the site. This proposed SUP will not have elevated structures that required it to be compatible with existing facilities. 4.Air quality, including the generation of dust, odors, or other environmental pollutants. Except during drilling of the well; minimum noise, dust, or other pollutants will emanate from the site. Operational activities on the site are required to comply with Sections 35.22.5 and 35.12.11 of the DDC. These Sections of the Code establish standards for controlling noise, fumes and use of odorous materials on property. 5.Generation of noise, light, and glare. Development or operation of current activities on the site shall be required to comply with Sections 35.22.5 and 35.12.11 of the DDC. These Sections of the DDC regulate noise, light and glare emanating from property. 6.The development of adjacent properties as envisioned in The Denton Plan. Future land use designation of the property to the west is Industrial Center. Per the Denton Plan, “Industrial Centers” future land use areas are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such a convenience shopping and child-care centers. Adequate public facilities are criterion by which zoning is granted. It is staffs determination that approval of the SUP will not impede development of the adjacent site for industrial uses. The properties to the north are located in the “Existing Land Use” future land use designation. The “Existing Future Land Use” areas are typically established residential areas, which new development should respond to existing development with compatible land uses, patterns and design standards. There is a metal structure on site; however, staff has been unable to determine this structure’s use. Therefore, it is staffs determination that approval of this SUP will not change the character or pattern of a development on the adjacent property. Farther north to the site, approximately 1900 feet, is a mobile home development. However, McKinney Street and a hill separate the mobile home park from the proposed well site. The properties to the south and east are in the “Neighborhood Center” future land use designation. Per the Denton Plan, these areas are to be developed in conventional patterns or may be developed in a pattern of ‘neighborhood centers’. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shop, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. It is staff determination that approval of the SUP will not impede development of the adjacent site for intended uses within the Neighborhood Center. 7.Other factors found to be relevant to satisfy the requirements of this Chapter. The DRC has considered factors necessary for approval of this site and have applied appropriate conditions of approval. Findings of Fact 1.The request is a Specific Use Permit to allow the development of gas well drilling and production on 2.066 acres. The surface site is currently undeveloped. 2.The site is within the Neighborhood Center Future Land Use District. “Neighborhood Centers” 3.Per Element 3 of the Denton Plan, future land use areas are to be developed in conventional patterns or may be developed in a pattern of ‘neighborhood centers’. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shop, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. 4.The subject site is not located within a Historic or Conservation district. 5.The subject site has vehicular access to McKinney Street. McKinney Street is classified as Primary Arterial per the City of Denton Mobility Plan. 6.The anticipated transportation demand for this development is very minimal once the gas storage well is drilled and operating. 7.This site is not currently served by the City of Denton water or sewer systems. 8.According to the Applicant, the estimated water demand for the well drilling would be approximately 6,000 barrels (252,000 gallons). In addition, that applicant has stated that there is no need for sanitary services for the site. 9.According to the City of Denton Fire Department, this property is serviced by the City’s Fire Station #2, located at 2209 East McKinney Street. Planning and Zoning Commission Recommendation The P&Z recommended APPROVAL of this Specific Use Permit (3-2) at its meeting on November 2, 2011 subject to the following conditions: 1.The site plan as submitted and shown in Exhibit 6 shall guide the development of the drilling and extraction of natural gas from an underground storage formation. 2.The applicant shall install an eight (8) foot screening fence along the perimeter of the gas well operation area. Materials for the construction of this screening fence shall be of masonry, metal, wood, vinyl, PVC, or composite and shall be maintained on state of good repair at all times. 3.The screening fence, as conditioned, shall be constructed within 30 days after drilling of the well is completed. 4.If the fence is damaged or removed during re-work operations, the operator of the gas well shall be responsible for replacing the damaged or removed portions of the fence. Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that with the recommended conditions, the request IS CONSISTENT with the surrounding land uses and general character of the area, with the IS CONSISTENT Denton Plan, and with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of S11-0002 with conditions as stated above. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: ETJ:ETJ:ETJ: VacantVacant./Metal Structure,/ /Mobile Vacant/Agriculture Home Park West:East: Subject Property: RD-5/IC-G: NR-4/NRMU: NR-4 Vacant/Gas WellsVacant/Residential Structure Vacant Southwest: South: Southeast: IC-G/NRMU-12: ETJ/NR-2NR-2: VacantVacant property Vacant Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies: The subject site is located in the “Neighborhood Centers” future land use designation. Per the Neighborhood Centers Land Use Element of the Denton Plan, should develop in conventional patterns or may be developed in a pattern of ‘Neighborhood Centers’. The Plan recommends Neighborhood Centers to be oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. Staff finds the location of this proposed well consistent with the existing development patterns of the surrounding area. No residential development exists within immediate vicinity of the site. The property to the west is developed for similar uses. It is also designated as Industrial Center Future land use. The property to the south and immediate east are currently vacant. There is a metal building located to the north. Staff has requested that the property owner provide documentation showing that it is a habitable structure. B.Land Use Analysis: Staff finds this request with recommended conditions of approval compatible with the surrounding land uses. Nearest Elementary, Middle, and High School This request is to allow for the drilling and extraction of natural gas from an underground storage formation. Therefore, the development will not produce any elementary, middle or high school students, and will not impact the associated Independent School District. Nearest Fire and EMS Station Approximate Distance From Name of Station Subject Property Fire Station #2, 2209 East ± 2.4 miles McKinney Street This proposed development has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: According to the Applicant, the estimated water demand for well drilling would be approximately 6,000 barrels (252,000 gallons). This water would be transported in by the Applicant. B. Available Capacity: Applicant is providing for necessary capacity for the operation. C.CIP Planned Improvements : There are planned CIP water main and sewer main projects along McKinney Street in this area. Roadways/Transportation Network: A.Estimated Demand : Subject Property Estimated Impact Analysis Adequate to Serve (Yes or 2.066 Proposed Demand ± acres No) Minimal Average Annual Yes Subject Property Estimated Impact Analysis Adequate to Serve (Yes or 2.066 Proposed Demand ± acres No) Daily Trips (AADT) B. Available Capacity: The street serving the subject site has adequate capacity. C. Roadway Conditions: McKinney Street is an asphalt pavement street that is in fair condition. McKinney Street is also owned and maintained by TXDOT. D. CIP Planned Improvements: McKinney Street is a TXDOT right-of-way. The City of Denton has no CIP project for this road. Environmental Conditions: There are no Environmental Sensitive Areas (ESAs) on this site. Wells (Public/Private): No public or private portable water wells are proposed for the site. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: No comment Park Facilities: No comment Comments from other Departments: N/A Exhibit 2 – Site Location/Aerial Map Existing Gas Processing Facility Site Exhibit 3 – Zoning Map Existing Gas Processing Facility Site Exhibit 4 – Future Land Use Map Existing Gas Processing Facility Site Exhibit 5 – Letter from Applicant Exhibit 6 – Notification Map Public Notification Date: 10/20/11 200’ Legal Notices sent: 7 500’ Courtesy Notices sent: 11 Number of responses to 200’ Legal Notice: In Opposition: 1 In Favor: 1 Neutral: 0 Exhibit 7 – Site Plan Exhibit 8 – Site Photos Looking north from the site Look south from the site Look east from the site Look west from the site Metal Structure EXHIBIT 9 1neighborhood meetings or discussions with the neighborhood regar 2the City going to protect them. Jackson stated that this request 3that she was not aware of any neighborhood meetings. The opposi 4to Crescent Street, which is also not a part of this plat. Jack 5begun on Emery Street. 6 7The applicants representative was present to speak and stated t 8this time for development. Half of the middle lot has been pave 9lot, a rent house on the other lot and a potential future develo 10proposed newly platted lot. 11 12Reece motioned to approve this request with a second by Lyke. O 13Patrice Lyke "aye", Commissioner Thom Reece "aye", Commissioner 14Commissioner Jay Thomas "aye", and Commissioner Brian Bentley "a 150). 16 B.Hold a public hearing and consider making a recommendation to Cia Specific Use Permit (SUP) to allow gas well drilling and productd within a Neighborhood Residential Mixed Use (NRMU) zoning and us approximately 2.64 acres. The subject property is generally loc east of Interstate 35 West, and west of South Bonnie Brae Streett Gas Wells, Nana Appiah) 17 18Thomas stated that a couple of cards had been received requestin 19applicant requested to postpone this hearing until a date certai 20hearing and requested to entertain a motion to allow a postponem 21certain. 22 23Reece motioned to postpone this item to a date certain of Decemb 24Bentley. On roll call vote: Commissioner Patrice Lyke "aye", Co 25Commissioner Frank Conner "aye", Commissioner Jay Thomas "aye", 26Bentley "aye". Motion approved (5-0). 27 C.Hold a public hearing and consider making a recommendation to th a Specific Use Permit (SUP) to allow gas well drilling and produd within a Neighborhood Residential 4 (NR-4) zoning and use distri acres. The subject property is generally located south of McKin 900 feet west of Trinity Road. (S11-0002, Lake Dallas Storage, N 28 29 301.Appiah stated that the purpose of this gas well is not to extract gas from the Barnett 31Shale. The intent is to inject gas from other locations into th 32Appiah provided a location map indicating that the site is west 33processing facility on that site that is owned by Atmos. Appiah 34map, future land use map, site plan and site photos. Notices we 35by certified mail within 200 feet of the subject site and courte 5 1property owners within 500 feet of the subject site. One respon 2of the request and one response was received in opposition. The 3Committee recommends approval with conditions as follows: The si 4and shown in Exhibit 6 shall guide the development of the storag 5site. The applicant shall install an eight (8) foot screening fe 6gas well operation area. Materials for the construction of this 7masonry, metal, wood, vinyl, PVC, or composite and shall be main 8repair at all times. The screening fence, as conditioned, shall 9days after drilling of the well is completed. If the fence is da 10work operations, the operator of the gas well shall be responsib 11damaged or removed portions of the fence. 12 13The applicants representative was present to answer any questio 14the Commission at that time. 15 16Thomas opened the public hearing. Two people were present to sp 17request. 18 19Khosrow Sadeghin, PO Box 50593, Property Owner 20Charles Heasley, 2709 Charter Oaks Drive, Plano, Texas, Property 21 22The applicants representative addressed the property owners com 23property owner was aware of the intention of Atmos, as discussio 24waterline easement for fire protection, a negotiation for a gas 25preliminary discussions. The applicants representative also st 26indicated that he has production wells on other properties that 27well will not be producing, but for storage. The house on the p 28sometime and that Atmos has been communicating with the property 29that he was aware of the gas well plat. 30 31 32Bentley stated that this is an interesting case because there is 33rights and another owner who has mineral rights. The Specific U 34requested for the mineral rights. Cunningham clarified and stat 35that the SUP is for the mineral rights. The request is not extr 36gas beneath the surface. Bentley stated he understood that part 37who has to use the easements and cross over the top surface of a 38the gas underground. Bentley noted it was an unusual case and s 39surface owner is not in agreement. Cunningham stated that from 40response that Atmos and the property owner have a contract, but 41discussion for this item. Bentley stated that the Denton Develo 42mineral interest as well as surface development. Cunningham res 43discuss a matter of right, but it does discuss mineral and surfa 44 45Bentley directed the question to the applicants representative 46land owner. The applicants representative stated that Atmos ha 6 1Atmos would have to negotiate with the landowner to put the 20 f 2site. If the owner does not want to negotiate, Atmos could cond 3the facility. The applicants representative stated that they d 4try to be good neighbors. 5 6Sadeghin stated that he did not have an agreement with Atmos. T 7property and Sadeghin stated that Atmos has an easement. Sadegh 8taking care of that easement and now Atmos claims that they are 9Sadeghin stated he has requested a scope of the project and that 10by Atmos to the northeast. Sadeghin stated that he has a devalu 11Atmos has not discussed anything new with him, though he has req 12Sadeghin that Atmos has completed the road and asphalt on the ea 13 14Conner questioned if Sadeghin owned the mineral rights to the pr 15owns the mineral rights below 5,000 feet. Lyke stated that the 16rights issue is something that needs to be worked out. Sadeghin 17regarding an incident about 7 years ago and surrounding properti 18 19The Commission ensued in additional discussion regarding the min 20Thomas stated the discussion was getting off topic. Cunningham 21rights is a civil matter. What is before the Commission is a re 22this storage well. Leal also stated that the dispute is a civil 23owner had the right to seek private legal counsel. 24 25Bentley questioned if the owner of the property had any current 26Sadeghin stated that development was not a consideration at this 27surrounding property owners were interested in development 3 or 28that the way his question ties in is that the SUP is not suppose 29development of adjacent property. 30 31Bentley stated that he would move to table or continue the item 32the surface and mineral owners. Cunningham again stated that th 33an SUP to construct a gas well storage site. Bentley stated he 34this meeting on this item without additional information for ass 35damaging to the adjacent properties. Thomas stated that the par 36quiet narrow and encouraged the Commission to stay at the task a 37 38Bentley made a motion to table the item with a second by Lyke. 39Patrice Lyke "aye", and Commissioner Brian Bentley "aye". Commis 40Commissioner Frank Conner "nay", and Commissioner Jay Thomas "na 41 42Bentley stated he would like more of a definition from legality 43underground site is contained to just two acres. Lyke stated th 44information from staff and questioned if the Commission should b 45and what parameters to the rights exist. Cunningham stated that 46again into a civil matter and referred to a case of right at Ray 7 1the Commission would know if this use is not going to spill out 2properties owned by different people. Cunningham responded that 3answer that, it is true of any development. No parameter can be 4 5Conner motioned approval of this request with conditions present 6Reece. On roll call vote: Commissioner Thom Reece "aye", Commis 7and Commissioner Jay Thomas "aye". Commissioner Patrice Lyke "na 8Brian Bentley "nay". Motion passed (3-2). 9 10 D.Hold a public hearing and consider making a recommendation to Cia proposed amendment to Subchapter 4 of the Denton Development Code regardinga governmental entity development review track. (DCA10-0011, Gove Development Review Process, Brian Lockley) 11 12Lockley stated that the governmental entity development review p 13Independent School District (DISD) in association with the City 14from issues that arose during renovation work by DISD. The curr 15process in place is more for profit entities. This proposed dev 16services for government entities. Lockley provided a list of re 17in the creation of the governmental entities development review 18process flow charts for this proposed development process that w 19completed concurrently throughout the planning and building insp 20Lockley noted the benefits of this proposed process would allow 21issuance for limited purposes such as ground work before the ver 22by the Planning Division. The language for the process would go 23process flow chart would go into the Criteria Manual. Governmen 24DISD, Denton County and internal City of Denton projects. This 25number of concerns over time. 26 27Reece moved approval of this request with a second by Lyke. On r 28Patrice Lyke "aye", Commissioner Thom Reece "aye", Commissioner 29Commissioner Jay Thomas "aye", and Commissioner Brian Bentley "a 300). 31 6.FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Me respond to inquiries from the Planning and Zoning Commission or factual information or recitation of policy, or accept a proposa agenda for an upcoming meeting. 32 33Cunningham stated that a joint City Council and Planning and Zon 34would be coming in 2012 and requested that the Commission inform 35would like to be addressed. 36 37 38Thomas adjourned the meeting at 8:04 p.m. 8 10 EXHIBIT Appiah, Nana K. Landmark Surveyors LLC [landmarksv@aol.com] From: Monday, November 21, 2011 10:13 AM Sent: Appiah, Nana K. To: Re: Atmos Energy Lake Dallas Gas Well Specific Use Permit Subject: Nana, The yellow metal building is the building we showed on our plat, The other building is clearly a dilapidated barn. Does the owner Thanks, Jerald D. Yensan, President Landmark Surveyors LLC. 4238 I-35 North Denton, Texas 76207 PH 940-382-4016 FAX 940-387-9784 www.landmarksurveyors.com * This email and any files transmitted with it are confidential whom they are addressed. If you have received this email in error please notify the system mntended only for the individual named. If you are not the named addressee you should the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. -----Original Message----- From: Appiah, Nana K. <Nana.Appiah@cityofdenton.com> To: 'Landmark Surveyors LLC' <landmarksv@aol.com> Cc: Boykin, Katia D <Katia.Boykin@cityofdenton.com>; John.Manganilla <John.Manganilla@atmosenergy.com> Sent: Mon, Nov 21, 2011 9:58 am Subject: Atmos Energy Lake Dallas Gas Well Specific Use Permit Jerry, During the November 2, 2011, Planning and Zoning Commission meeting for t surrounding site stated that he has a residential rental propertf comments that there were no Protected Uses within a 1,000 foot rAs attached to this email, there are two structures on the site, please verify which of these struc showing the 1,000 foot radius. In addition, please confirm that f the gas well site. Please contact me if you have any questions. Thanks. Nana Appiah, AICP Senior Planner City of Denton, Planning and Development Office: 940-349-8541 Direct:940-349-7785 Fax: 940-349-7707 email: nana.appiah@cityofdenton.com Excellence is never an accident, it is always the result of highcution and the vision to see obstacles as opportunities. 1 Appiah, Nana K. Appiah, Nana K.; 'khosrowsadeghian@yahoo.com' To: Boykin, Katia D Cc: RE: Atmos Energy Lake Dallas Storage (S11-0002) Subject: Nana Appiah, AICP Senior Planner City of Denton, Planning and Development Office: 940-349-8541 Direct:940-349-7785 Fax: 940-349-7707 email: nana.appiah@cityofdenton.com Excellence is never an accident, it is always the result of highcution and the vision to see obstacles as opportunities. Appiah, Nana K. Monday, November 21, 2011 1:53 PM 'khosrowsadeghian@yahoo.com' Boykin, Katia D; Appiah, Nana K. RE: Atmos Energy Lake Dallas Storage (S11-0002) Nana Appiah, AICP Senior Planner City of Denton, Planning and Development Office: 940-349-8541 Direct:940-349-7785 Fax: 940-349-7707 email: nana.appiah@cityofdenton.com Excellence is never an accident, it is always the result of highcution and the vision to see obstacles as opportunities. Appiah, Nana K. Monday, November 14, 2011 1:32 PM 'khosrowsadeghian@yahoo.com' Boykin, Katia D Atmos Energy Lake Dallas Storage (S11-0002) 1 Nana Appiah, AICP Senior Planner City of Denton, Planning and Development Office: 940-349-8541 Direct:940-349-7785 Fax: 940-349-7707 email: nana.appiah@cityofdenton.com Excellence is never an accident, it is always the result of highcution and the vision to see obstacles as opportunities. 2 Appiah, Nana K. Appiah, Nana K. From: Monday, November 21, 2011 4:48 PM Sent: Cox, Ethan To: Boykin, Katia D Cc: RE: Utility Information Subject: Nana Appiah, AICP Senior Planner City of Denton, Planning and Development Office: 940-349-8541 Direct:940-349-7785 Fax: 940-349-7707 email: nana.appiah@cityofdenton.com Excellence is never an accident, it is always the result of highcution and the vision to see obstacles as opportunities. Cox, Ethan Monday, November 21, 2011 4:24 PM Appiah, Nana K. Boykin, Katia D RE: Utility Information Appiah, Nana K. Monday, November 21, 2011 3:28 PM Cox, Ethan Boykin, Katia D Utility Information Nana Appiah, AICP 1 Senior Planner City of Denton, Planning and Development Office: 940-349-8541 Direct:940-349-7785 Fax: 940-349-7707 email: nana.appiah@cityofdenton.com Excellence is never an accident, it is always the result of highcution and the vision to see obstacles as opportunities. 2 s:\legal\our documents\ordinances\11\sl I-0002 lake dallas storage.doc Exhibit B Site Plan _t if _�a.... • � � 1 �� . � m � �� x � �w, � �' �� k � � �� ¢� � r,,, , „a,� ,�� .<� � �� bx� �;,� v s ; � � ¢;� €� � � �da�� ^�� &€t � �y°A��$ �� `s"9°�I dii��Ad'��k§�m�ikl��''n+ . �� ,6�Pbkd1 A ¢ 7� y�v �� Y�r �9$�r �3 � i. �. 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WHEREAS, Jet Worlcs Air Center, a major aviation business located at Denton Airport, has committed to donate an Airport Rescue and Fire Fighting (ARFF) Vehicle to the City of Denton effective Apri130, 2012; and WHEREAS, the City of Denton acknowledges this important safety equipment will benefit a11 users of Denton Airport and enhance the service provided by the Denton Fire Department to all recipients of Denton emergency services; and WHEREAS, the City of Denton wishes to express appreciation of this commitment to donate by placing the ARFF Vehicle in service at Denton Airport; and WHEREAS, the City Council finds that this resolution is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas hereby confirms acceptance of the Airport Rescue and Fire Fighting Vehicle effective April 30, 2012, and wishes to formally express gratitude to Jet Worlcs Air Center for the commitment to donate such an important piece of safety equipment. The City Manager is directed to make arrangements to have the Airport Rescue and Fire Fighting Vehicle placed into service at Denton Airport to be operated by the Denton Fire Department for emergency response throughout their service area. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ATTEST: JENNIFER WALTERS, CITY SECRETARY : 2011. MARK A. BURROUGHS, MAYOR APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: .�.�� , _ - . ./�� ; /, . � ` Downtown Denton reimbursement grants awarded 2007-2008 - HANDOUT TO C01 Name Amount requested Grant Amount Project amount City:Private$ Elk River 118 E. McKinney 50,000 10,000 120,844 1:12 DSC Townhomes Mulberry and Industrial 25,000 25, 000 1,200,000 1:48 The Chestnut Tree - 107 W. Hickory 2,360 2,360 4,720 1:2 210-214 E. Hickory 15,000 15,000 49,850 1:3 Totals 92,360 52,360 1,375,414 1:26 2008-2009 Reimbursement Grants Awarded 221 E. Hickory 50,000 15,000 241,000 1:16 109 N. Elm 35,700 10,000 71,400 1:07 102 N. Locust 50,000 25,000 900,000 1:36 Totals 135,700 50,000 1,212,400 1:12 2009-2010 Reimbursement Grants Awarded 207 N. Elm Street - not awarded yet 50,000 20,000 158,400 1:13 314 E. Hickory 36,475 8000 158000 1:19 221 E. Hickory/Andaman 8650 5000 140000 1:28 The Hydrant 208 W. Oak 30836 7935 31000 1:25 Totals 125,961 40,935 487,400 1:21 2010-2011 Reimbursement grants awarded Amount requested Grant Amount Project amount City:Private$ 113 E. Hickory, Love Shack Burgers 50000 10000 300000 1:30 603 N. Locust, Congress Center 50000 7000 1,200,000 1:171 315 S. Locust/Entch 50000 15000 1,500,000 1:100 311 E. Hickory/HickoryStreet Lofts 50000 6,500 2,500,000 1:384 207 N. Bell/ restaurant/Sam 27275 1,500 1500 1:46 217 E. Hickory/Mellow Mushroom/Brandon/building rehab 50000 15000 1,025,000 1:68 207 N. Bell/ Building/Joe 27275 5000 70,000 1:14 207 N. Eim/Ed Canada 50000 10000 160,000 1:16 217 E. Hickory/Mellow Mushroom/Martha/sign and awnings only 8216 7235 16,432 1:1 111 N. Elm/Cartwright's 5704 5700 40,000 1:7 Total 82935 6812932 1:83 Total public to private investment over life of program 1:50 1NCIL HANDOUT TO COUNCIL 3-Year Average of Unreimbursed Costs for Special Events EVENT Labor Overtime Equip/Supplies Building Rental EVENT TOTAL Arts & Jazzfest 31,511.87 39,237.40 13,497.05 10,669.00 $94,915.32 Cinco de mayo 934 6,139.16 637.25 1,760 $9,470.41 Juneteenth 957.5 6,483.33 1,237.58 $8,708.41 Air Fair 2,000.00 1,170.28 $3,170.28 Holiday Lighting 1,262.50 712.5 1,200.00 $3,175.00 Komen Race for the Cure 1,800.00 1,400.39 4,535.00 $7,735.39 35 Denton 8,000.00 12,578.33 $20,578.33 Kiwanis 4th of July 20,000.00 $20,000.00 Bluesfest 1,578.50 1,447.00 600 3,520.00 $7,145.50 Story Telling Festival 5,487.35 2,380.00 $7,867.35 Dog Days 744.5 1,601.00 600 2,460.00 $5,405.50 TOTAL 48,818.87 76,256.74 42,306.88 20,789.00 $188,171.49